Citation, commencement and interpretation

1. —(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations 2004.

(2) These Regulations shall come into force for the purposes of—

(a) regulations 1 to 6 and 12, on 1st April 2004;

(b) regulation 7, on 5th April 2004;

(c) [^F1 regulations 9 and 10, on 6th April 2004; ^F1]

(d) regulation 8, on 12th April 2004; and

(e) regulation 11, in so far as it relates to a claimant for income support or, as the case may be, a jobseeker’s allowance, on the first day of the first benefit week to commence for that claimant on or after 12th April 2004.

(3) In paragraph (2)(e) “ benefit week ” has the same meaning as in—

(a) ^M8 the Income Support (General) Regulations 1987 , in so far as that paragraph relates to a claimant for income support; and

(b) ^M9 the Jobseeker’s Allowance Regulations 1996 , in so far as that paragraph relates to a claimant for a jobseeker’s allowance.

Amendment of the Income Support (General) Regulations 1987 in relation to income and capital disregards

^M10 2. —(1) The Income Support (General) Regulations 1987 shall be amended in accordance with this regulation.

^M11 (2) In regulation 2(1) (interpretation) omit the definition of “ERA payment” .

(3) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)—

(a) ^M12 for paragraph 13 substitute the following paragraph—

“ 13. —(1) Any payment made pursuant to section 2 of the Employment and Training Act 1973 ^M13 (functions of the Secretary of State) or section 2 of the Enterprise and New Towns (Scotland) Act 1990 ^M14 (functions in relation to training for employment etc. ) except a payment—

(a) made as a substitute for income support, a jobseeker’s allowance, incapacity benefit or severe disablement allowance;

(b) of an allowance referred to in section 2(3) of the Employment and Training Act 1973 or section 2(5) of the Enterprise and New Towns (Scotland) Act 1990;

(c) intended to meet the cost of living expenses which relate to any one or more of the items specified in sub-paragraph (2) whilst a claimant is participating in an education, training or other scheme to help him enhance his employment prospects unless the payment is a Career Development Loan ^M15 paid pursuant to section 2 of the Employment and Training Act 1973 and the period of education or training or the scheme, which is supported by that loan, has been completed; or

(d) made in respect of the cost of living away from home to the extent that the payment relates to rent for which housing benefit is payable in respect of accommodation which is not normally occupied by the claimant as his home.

(2) The items specified in this sub-paragraph for the purposes of sub-paragraph (1)(c) are food, ordinary clothing or footwear, household fuel, rent for which housing benefit is payable, or any housing costs to the extent that they are met under regulation 17(1)(e) or 18(1)(f) (housing costs), of the claimant or, where the claimant is a member of a family, any other member of his family, or any council tax or water charges for which that claimant or member is liable.

(3) For the purposes of this paragraph, “ ordinary clothing or footwear ” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities. ” ;

(b) ^M16 in paragraph 51 omit from “or in accordance with” to “Act 1973”;

(c) ^M17 in paragraph 70 omit from “or any payment” to “Act 1973”;

(d) ^{M18,M19,M20,M21,M22,M23,M24,M25} omit paragraphs 59 , 60 , 62 , 62A , 63 , 65 , 77 and 78 .

(4) In Schedule 10 (capital to be disregarded)—

(a) ^M26 for paragraph 30 substitute the following paragraph—

“ 30. Any payment made pursuant to section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990, but only for the period of 52 weeks beginning on the date of receipt of the payment. ” ;

(b) ^M27 in paragraph 42 omit—

(i) “, or a training bonus under section 2 of the Employment and Training Act 1973”; and

(ii) from “or in accordance with” to “Act 1973”;

(c) ^{M28,M29,M30,M31,M32,M33} omit paragraphs 50 , 50A , 51 , 53 , 69 and 70 .

Amendment of the Housing Benefit (General) Regulations 1987 in relation to income and capital disregards

3. [^F2—(1) The Housing Benefit (General) Regulations 1987 ^M34 shall be amended in accordance with this regulation.

(2) In regulation 2(1) (interpretation) omit the definition of “ ERA payment” ^M35 .

(3) In Schedule 4 (sums to be disregarded in the calculation of income other than earnings)—

(a) for paragraph 11 ^M36 substitute the following paragraph—

“ 11. —(1) Any payment made pursuant to section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990 except—

(a) a payment made as a substitute for income support, a jobseeker’s allowance, incapacity benefit or severe disablement allowance;

(b) a payment of an allowance referred to in section 2(3) of the Employment and Training Act 1973 or section 2(5) of the Enterprise and New Towns (Scotland) Act 1990;

(c) a payment intended to meet the cost of living expenses which relate to any one or more of the items specified in sub-paragraph (2) whilst a claimant is participating in an education, training or other scheme to help him enhance his employment prospects unless the payment is a Career Development Loan paid pursuant to section 2 of the Employment and Training Act 1973 and the period of education or training or the scheme, which is supported by that loan, has been completed; or

(d) for the purpose only of assessing entitlement to housing benefit in respect of a dwelling other than the one which the claimant normally occupies as his home, a payment made to a person to whom regulation 5(5)(b) ^M37 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home) applies to the extent that the payment is made in respect of the cost of living away from home.

(2) The items specified in this sub-paragraph for the purposes of sub-paragraph (1)(c) are food, ordinary clothing or footwear, household fuel or rent of the claimant or, where the claimant is a member of a family, any other member of his family, or any council tax or water charges for which that claimant or member is liable.

(3) For the purposes of this paragraph—

“ ordinary clothing or footwear ” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities; and

“ rent ” means eligible rent less any deductions in respect of non-dependants which fall to be made under regulation 63 (non-dependant deductions). ” ;

(b) in paragraph 49 ^M38 omit from “or in accordance with” to “Act 1973”;

(c) omit paragraphs 63 ^M39 , 64 ^M40 , 64A ^M41 , 65 ^M42 , 68 ^M43 , 76 ^M44 and 77 ^M45 .

(4) In Schedule 5 (capital to be disregarded)—

(a) for paragraph 33 ^M46 substitute the following paragraph—

“ 33. Any payment made pursuant to section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990, but only for the period of 52 weeks beginning on the date of receipt of the payment. ” ;

(b) in paragraph 43 ^M47 omit—

(i) “, or a training bonus under section 2 of the Employment and Training Act 1973”; and

(ii) from “or in accordance with” to “Act 1973”;

(c) omit paragraphs 53 ^M48 , 53A ^M49 , 54 ^M50 , 56 ^M51 , 65 ^M52 , 71 ^M53 and 72 ^M54 . ^F2]

Amendment of the Council Tax Benefit (General) Regulations 1992 in relation to income and capital disregards

4. [^F2—(1) The Council Tax Benefit (General) Regulations 1992 ^M55 shall be amended in accordance with this regulation.

(2) In regulation 2(1) (interpretation) omit the definition of “ ERA payment” ^M56 .

(3) In Schedule 4 (sums to be disregarded in the calculation of income other than earnings)—

(a) for paragraph 11 ^M57 substitute the following paragraph—

“ 11. —(1) Any payment made pursuant to section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990 except a payment—

(a) made as a substitute for income support, a jobseeker’s allowance, incapacity benefit or severe disablement allowance;

(b) of an allowance referred to in section 2(3) of the Employment and Training Act 1973 or section 2(5) of the Enterprise and New Towns (Scotland) Act 1990; or

(c) intended to meet the cost of living expenses which relate to any one or more of the items specified in sub-paragraph (2) whilst a claimant is participating in an education, training or other scheme to help him enhance his employment prospects unless the payment is a Career Development Loan paid pursuant to section 2 of the Employment and Training Act 1973 and the period of education or training or the scheme, which is supported by that loan, has been completed.

(2) The items specified in this sub-paragraph for the purposes of sub-paragraph (1)(c) are food, ordinary clothing or footwear, household fuel or rent of the claimant or, where the claimant is a member of a family, any other member of his family, or any council tax or water charges for which that claimant or member is liable.

(3) For the purposes of this paragraph, “ ordinary clothing or footwear ” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities. ” ;

(b) in paragraph 48 omit from “or in accordance with” to “Act 1973”;

(c) omit paragraphs 63 ^M58 , 64 ^M59 , 64A ^M60 , 65 ^M61 , 67 ^M62 , 75 ^M63 and 76 ^M64 .

(4) In Schedule 5 (capital to be disregarded)—

(a) for paragraph 33 ^M65 substitute the following paragraph—

“ 33. Any payment made pursuant to section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990, but only for the period of 52 weeks beginning on the date of receipt of the payment. ” ;

(b) in paragraph 42 omit—

(i) “, or training bonus under section 2 of the Employment and Training Act 1973”; and

(ii) from “or in accordance with” to “Act 1973”;

(c) omit paragraphs 53 ^M66 , 53A ^M67 , 54 ^M68 , 56 ^M69 , 65 ^M70 , 71 ^M71 and 72 ^M72 . ^F2]

Amendment of the Jobseeker’s Allowance Regulations 1996 in relation to income and capital disregards

^M73 5. —(1) The Jobseeker’s Allowance Regulations 1996 shall be amended in accordance with this regulation.

^M74 (2) In regulation 1(3) (interpretation) omit the definition of “ERA payment” .

(3) In Schedule 7 (sums to be disregarded in the calculation of income other than earnings)—

(a) ^M75 for paragraph 14 substitute the following paragraph—

“ 14. —(1) Any payment made pursuant to section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990 except a payment—

(a) made as a substitute for income support, a jobseeker’s allowance, incapacity benefit or severe disablement allowance;

(b) of an allowance referred to in section 2(3) of the Employment and Training Act 1973 or section 2(5) of the Enterprise and New Towns (Scotland) Act 1990;

(c) intended to meet the cost of living expenses which relate to any one or more of the items specified in sub-paragraph (2) whilst a claimant is participating in an education, training or other scheme to help him enhance his employment prospects unless the payment is a Career Development Loan paid pursuant to section 2 of the Employment and Training Act 1973 and the period of education or training or the scheme, which is supported by that loan, has been completed; or

(d) made in respect of the cost of living away from home to the extent that the payment relates to rent for which housing benefit is payable in respect of accommodation which is not normally occupied by the claimant as his home.

(2) The items specified in this sub-paragraph for the purposes of sub-paragraph (1)(c) are food, ordinary clothing or footwear, household fuel, rent for which housing benefit is payable, or any housing costs to the extent that they are met under regulation 83(f) or 84(1)(g) (housing costs), of the claimant or, where the claimant is a member of a family, any other member of his family, or any council tax or water charges for which that claimant or member is liable.

(3) For the purposes of this paragraph, “ ordinary clothing or footwear ” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities. ” ;

(b) in paragraph 50 omit from “or in accordance with” to “Act 1973,”;

(c) ^{M76,M77,M78,M79,M80,M81,M82} omit paragraphs 57 , 58, 60 , 60A , 61 , 63 , 73 and 74 .

(4) In Schedule 8 (capital to be disregarded)—

(a) for paragraph 32 substitute the following paragraph—

“ 32. Any payment made pursuant to section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990, but only for the period of 52 weeks beginning on the date of receipt of the payment. ” ;

(b) in paragraph 40 omit—

(i) “, or a training bonus under section 2 of the Employment and Training Act 1973”; and

(ii) from “or in accordance with” to “Act 1973,”;

(c) ^{M83,M84,M85,M86,M87,M88} omit paragraphs 45 , 45A , 46 , 48 , 62 and 63 .

Amendment of the Jobseeker’s Allowance Regulations 1996 in relation to residential allowance

^M89 6. —(1) The Jobseeker’s Allowance Regulations 1996 shall be amended in accordance with this regulation.

^M90 (2) In regulation 86C (joint-claim couples: special cases)—

(a) in paragraph (1) for “Subject to paragraph (2A) where” substitute “ Where ” ;

(b) ^M91 omit paragraph (2A) ;

^F3 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^M92 (3) In Schedule 5A (applicable amounts of joint-claim couples in special cases) omit paragraph 6 (joint-claim couples and members of polygamous marriages where one member is, or all are, temporarily in local authority accommodation).

Amendment of the Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000

^M93 7. —(1) The Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000 shall be amended in accordance with this regulation.

(2) For sub-paragraph (g) of regulation 1(3) (commencement) substitute the following sub-paragraph—

“ (g) subject to the preceding sub-paragraphs, come into force on 5th April 2004 in respect of a lone parent who on that date is entitled to income support and is responsible for and living in the same household as a child. ” .

Amendment of the Social Security (Overlapping Benefits) Regulations 1979

^M94 8. —(1) The Social Security (Overlapping Benefits) Regulations 1979 shall be amended in accordance with this regulation.

(2) In regulation 8(2)(b) and (3) (child benefit) for “£3.50” substitute “ £3.65 ” .

Amendment of the Housing Benefit (General) Regulations 1987 in relation to working tax credit and child tax credit

9. [^F4—(1) The Housing Benefit (General) Regulations 1987 ^M95 shall be amended in accordance with this regulation.

(2) In regulation 2(1) ^M96 (interpretation) after the definition of “supplementary benefit” insert the following definition—

“ “ tax year ” means, for the purposes of regulation 25 as substituted by the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 ^M97 (meaning of “income) and regulation 33 (calculation of income other than earnings), a period beginning with 6th April in one year and ending with 5th April in the next; ” .

(3) In regulation 25 as substituted by the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 (meaning of “income”) after paragraph (3) insert the following paragraph—

“ (3A) Where an award of any working tax credit or child tax credit under the Tax Credits Act 2002 ^M98 is subject to a deduction by way of recovery of an overpayment of working tax credit or child tax credit which arose in a previous tax year the amount to be taken into account under paragraph (1) shall be the amount of working tax credit or child tax credit awarded less the amount of that deduction. ” .

(4) In regulation 33 (calculation of income other than earnings) after paragraph (3) insert the following paragraph—

“ (3AA) Where an award of any working tax credit or child tax credit under the Tax Credits Act 2002 is subject to a deduction by way of recovery of an overpayment of working tax credit or child tax credit which arose in a previous tax year the amount to be taken into account under paragraph (1) shall be the amount of working tax credit or child tax credit awarded less the amount of that deduction. ” . ^F4]

Amendment of the Council Tax Benefit (General) Regulations 1992 in relation to working tax credit and child tax credit

10. [^F4—(1) The Council Tax Benefit (General) Regulations 1992 ^M99 shall be amended in accordance with this regulation.

(2) In regulation 2(1) (interpretation) after the definition of “supplementary benefit” insert the following definition—

“ “ tax year ” means, for the purposes of regulation 17 as substituted by the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 (meaning of “income”) and regulation 24 (calculation of income other than earnings), a period beginning with 6th April in one year and ending with 5th April in the next; ” .

(3) In regulation 17 as substituted by the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 (meaning of “income”) after paragraph (3) insert the following paragraph—

“ (3A) Where an award of any working tax credit or child tax credit under the Tax Credits Act 2002 is subject to a deduction by way of recovery of an overpayment of working tax credit or child tax credit which arose in a previous tax year the amount to be taken into account under paragraph (1) shall be the amount of working tax credit or child tax credit awarded less the amount of that deduction. ” .

(4) In regulation 24 (calculation of income other than earnings) after paragraph (3) insert the following paragraph—

“ (3A) Where an award of any working tax credit or child tax credit under the Tax Credits Act 2002 is subject to a deduction by way of recovery of an overpayment of working tax credit or child tax credit which arose in a previous tax year the amount to be taken into account under paragraph (1) shall be the amount of working tax credit or child tax credit awarded less the amount of that deduction. ” . ^F4]

Amendment of the Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003

^M100 11. —(1) The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 shall be amended in accordance with this regulation.

(2) In regulation 7(6) (income support – transitional arrangements) and regulation 8(5) (jobseeker’s allowance – transitional arrangements) for “£10.45” substitute “ £10.50 ” .

Amendment of the Children (Leaving Care) Social Security Benefits Regulations 2001

^M101 12. At the end of paragraph (3) of regulation 2 of the Children (Leaving Care) Social Security Benefits Regulations 2001 (entitlement to benefits) add the words “provided that he ceased to be so looked after before 1st April 2004”.