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Statutory Instruments

2004 No. 565

SOCIAL SECURITY

CHILDREN AND YOUNG PERSONS

The Social Security (Miscellaneous Amendments) Regulations 2004

Made

1st March 2004

Laid before Parliament

9th March 2004

Coming into force in accordance with regulation 1

The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 113(3), 123(1)(a), (d) and (e), 136(3), (4) and (5)(b), 137(1) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992 , sections 2A(1), (3)(b) to (f), (4), (5)(a) and (b), (6), (7) and (8), 2B(2), (6) and (7), 2C, 73(1), 189(1), (4) to (6) and 191 of the Social Security Administration Act 1992 , sections 4(5), 12(1) and (4)(b), 35(1) and 36(2) and (4) of the Jobseekers Act 1995 , section 6(3), (6) and (7) of the Children (Leaving Care) Act 2000 and of all other powers enabling him in that behalf, after consultation with the Council on Tribunals in accordance with section 8(1) of the Tribunals and Inquiries Act 1992 in respect of the provisions in regulation 7 and in respect of provisions in these Regulations relating to housing benefit and council tax benefit with organisations appearing to him to be representative of the authorities concerned and after agreement by the Social Security Advisory Committee that proposals in respect of regulations 2 to 11 and regulation 1 in so far as it applies to those regulations should not be referred to it , hereby makes the following Regulations:

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) regulations 9 and 10, on 6th April 2004;

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

(b) 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

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

(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) for paragraph 13 substitute the following paragraph—

“ 13. —(1) Any payment made pursuant to section 2 of the Employment and Training Act 1973 (functions of the Secretary of State) or section 2 of the Enterprise and New Towns (Scotland) Act 1990 (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 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) in paragraph 51 omit from “or in accordance with” to “Act 1973”;

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

(d) omit paragraphs 59 , 60 , 62 , 62A , 63 , 65 , 77 and 78 .

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

(a) 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) 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) 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.—(1)The Housing Benefit (General) Regulations 1987 shall be amended in accordance with this regulation.

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

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

(a) for paragraph 11 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) (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 omit from “or in accordance with” to “Act 1973”;

(c) omit paragraphs 63 , 64 , 64A , 65 , 68 , 76 and 77 .

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

(a) for paragraph 33 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 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 , 53A , 54 , 56 , 65 , 71 and 72 .

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

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

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

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

(a) for paragraph 11 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 , 64 , 64A , 65 , 67 , 75 and 76 .

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

(a) for paragraph 33 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 , 53A , 54 , 56 , 65 , 71 and 72 .

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

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

(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) 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) 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) omit paragraphs 45 , 45A , 46 , 48 , 62 and 63 .

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

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

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

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

(b) omit paragraph (2A) ;

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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

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

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) (childbenefit) 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.—(1)The Housing Benefit (General) Regulations 1987 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 25 as substituted by the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 (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 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. ” .

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

10.—(1)The Council Tax Benefit (General) Regulations 1992 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. ” .

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

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

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”.

Signed by authority of the Secretary of State for Work and Pensions.

P.Hollis

Parliamentary Under-Secretary of State,

Department for Work and Pensions

Status: There are currently no known outstanding effects for the The Social Security (Miscellaneous Amendments) Regulations 2004.
The Social Security (Miscellaneous Amendments) Regulations 2004 (2004/565)

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F1Reg. 1(2)(c) revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 1 (with regs. 2 , 3 , Sch. 3 , Sch. 4 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F2Reg. 4 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 1 (with regs. 2 , 3 , Sch. 3 , Sch. 4 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F2Reg. 4 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 1 (with regs. 2 , 3 , Sch. 3 , Sch. 4 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F3Reg. 6(2)(c) revoked (10.4.2006 for specified purposes) by Social Security (Hospital In-Patients) Regulations 2005 (S.I. 2005/3360) , regs. 1(e) , 9(2) , Sch.text for certain specified purposes only, see the commentary.check commentary
F4Reg. 9 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 1 (with regs. 2 , 3 , Sch. 3 , Sch. 4 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F4Reg. 9 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 1 (with regs. 2 , 3 , Sch. 3 , Sch. 4 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
M11992 c. 4 . Section 113(3) was amended by section 86(1) of, and paragraph 66 of Schedule 7 to, the Social Security Act 1998 (c. 14) . Section 123(1)(e) was substituted by paragraph 1(1) of Schedule 9 to the Local Government Finance Act 1992 (c. 14) . Section 137(1) is an interpretation provision and is cited because of the meaning there given to the word “prescribed”. Section 175(4) was amended by section 2 of, and paragraph 29 of Schedule 3 to, the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) .
M21992 c. 5 . Sections 2A, 2B and 2C were inserted by sections 57 and 58 of the Welfare Reform and Pensions Act 1999 (c. 30) . Section 73(1) was amended by section 41(4) of, and paragraph 49(2) of Schedule 2 to, the Jobseekers Act 1995 (c. 18) . Section 189(4) to (6) was amended by section 86 of, and paragraph 109 of Schedule 7 to, the Social Security Act 1998. Section 191 is an interpretation provision and is cited because of the meaning there given to the word “prescribe”.
M3Section 35(1) is an interpretation provision and is cited because of the meaning there given to the words “prescribed” and “regulations”. Sections 35(1) and 36(4) were amended by section 2 of, and paragraphs 62 and 63 respectively of Schedule 3 to, the Social Security Contributions (Transfer of Functions, etc.) Act 1999.
M42000 c. 35 .
M51992 c. 53 .
M6See section 176(1) of the Social Security Administration Act 1992 (c. 5) as amended by section 103 of, and paragraph 23 of Schedule 9 to, the Local Government Finance Act 1992.
M7See sections 172(1) and 173(1)(b) of the Social Security Administration Act 1992; paragraph 67 of Schedule 2 to the Jobseekers Act 1995 added that Act to the list of “relevant enactments” in respect of which regulations must normally be referred to the Committee.
M8S.I. 1987/1967 . The definition of “benefit week” was amended by S.I. 1988/1445 .
M9S.I. 1996/207 . The definition of “benefit week” was amended by S.I. 1996/1517 and 2538.
M10Relevant amending instruments are S.I. 1988/1445 , 663, 1992/468, 1997/2863, 1998/2117, 1999/2556, 3156, 2001/721, 859, 1029, 3767, 2002/2314, 2003/455, 1589, 2279 and 2439.
M11The definition of “ERA payment” was inserted by S.I. 2003/2279 .
M12Paragraph 13 was substituted by S.I. 1988/663 and amended by S.I. 1997/2863 and 2001/1029.
M131973 c. 50 . Section 2 was substituted by section 25(1) of the Employment Act 1988 (c. 19) .
M141990 c. 35 .
M15Information about this Loan can be obtained from any Jobcentre Plus office or by telephoning 0800-585 505.
M16Paragraph 51 was inserted by S.I. 1992/468 .
M17Paragraph 70 was inserted by S.I. 1999/2556 , amended by S.I. 2001/859 and 2003/455 and is revoked by S.I. 2003/1589 with effect from 25 October 2004.
M18Paragraph 59 was inserted by S.I. 1997/65 and amended by S.I. 2001/3767 .
M19Paragraph 60 was inserted by S.I. 1997/65 .
M20Paragraph 62 was inserted by S.I. 1997/2863 , substituted by S.I. 2001/1029 and amended by S.I. 2002/2314 .
M21Paragraph 62A was inserted by S.I. 2002/2314 .
M22Paragraph 63 was inserted by S.I. 1997/2863 .
M23Paragraph 65 was inserted by S.I. 1998/2117 and amended by S.I. 2001/721 .
M24Paragraph 77 was added by S.I. 2003/2279 .
M25Paragraph 78 was added by S.I. 2003/2439 .
M26Paragraph 30 was inserted by S.I. 1988/1445 and amended by S.I. 1993/2119 .
M27Paragraph 42 was inserted by S.I. 1992/468 .
M28Paragraph 50 was inserted by S.I. 1997/2863 , substituted by S.I. 2001/1029 and amended by S.I. 2002/2314 .
M29Paragraph 50A was inserted by S.I. 2002/2314 .
M30Paragraph 51 was inserted by S.I. 1997/2863 .
M31Paragraph 53 was inserted by S.I. 1998/2117 .
M32Paragraph 69 was added by S.I. 2003/2279 .
M33Paragraph 70 was added by S.I. 2003/2439 .
M34S.I. 1987/1971 . Relevant amending instruments are S.I. 1988/909 , 1971, 1992/432, 1993/2118, 1997/65, 2863, 1998/2164, 1999/3156, 2001/859, 1029, 2002/2314, 2003/2279 and 2439.
M35The definition of “ERA payment” was inserted by S.I. 2003/2279 .
M36Paragraph 11 was substituted by S.I. 1988/909 and amended by S.I. 1991/387 , 1997/2863 and 2001/1029.
M37Regulation 5(5)(b) was amended by S.I. 1990/1549 .
M38Paragraph 49 was inserted by S.I. 1992/432 .
M39Paragraph 63 was inserted by S.I. 1997/65 .
M40Paragraph 64 was inserted by S.I. 1997/2863 and substituted by S.I. 2001/1029 .
M41Paragraph 64A was inserted by S.I. 2002/2314 .
M42Paragraph 65 was inserted by S.I. 1997/2863 .
M43Paragraph 68 was inserted by S.I. 1998/2164 .
M44Paragraph 76 was added by S.I. 2003/2279 .
M45Paragraph 77 was added by S.I. 2003/2439 .
M46Paragraph 33 was inserted by S.I. 1988/1971 and amended by S.I. 1991/387 and 1993/2118.
M47Paragraph 43 was inserted by S.I. 1992/432 .
M48Paragraph 53 was inserted by S.I. 1997/2863 and substituted by S.I. 2001/1029 .
M49Paragraph 53A was inserted by S.I. 2002/2314 .
M50Paragraph 54 was inserted by S.I. 1997/2863 .
M51Paragraph 56 was inserted by S.I. 1998/2164 .
M52Paragraph 65 was inserted by S.I. 2001/859 .
M53Paragraph 71 was added by S.I. 2003/2279 .
M54Paragraph 72 was added by S.I. 2003/2439 .
M55S.I. 1992/1814 . Relevant amending instruments are S.I. 1993/2118 , 1997/65, 2863, 1998/2164, 1999/3156, 2001/859, 1029, 2002/2314, 2003/2279 and 2439.
M56The definition of “ERA payment” was inserted by S.I. 2003/2279 .
M57Paragraph 11 was amended by S.I. 1997/2863 and 2001/1029.
M58Paragraph 63 was inserted by S.I. 1997/65 .
M59Paragraph 64 was inserted by S.I. 1997/2863 and substituted by S.I. 2001/1029 .
M60Paragraph 64A was inserted by S.I. 2002/2314 .
M61Paragraph 65 was inserted by S.I. 1997/2863 .
M62Paragraph 67 was inserted by S.I. 1998/2164 .
M63Paragraph 75 was added by S.I. 2003/2279 .
M64Paragraph 76 was added by S.I. 2003/2439 .
M65Paragraph 33 was amended by S.I. 1993/2118 .
M66Paragraph 53 was inserted by S.I. 1997/2863 and substituted by S.I. 2001/1029 .
M67Paragraph 53A was inserted by S.I. 2002/2314 .
M68Paragraph 54 was inserted by S.I. 1997/2863 .
M69Paragraph 56 was inserted by S.I. 1998/2164 .
M70Paragraph 65 was inserted by S.I. 2001/859 .
M71Paragraph 71 was added by S.I. 2003/2279 .
M72Paragraph 72 was added by S.I. 2003/2439 .
M73Relevant amending instruments are S.I. 1997/2863 , 1998/563, 2117, 1999/3156, 2001/1029, 3767, 2002/2314, 2003/2279 and 2439.
M74The definition of “ERA payment” was inserted by S.I. 2003/2279 .
M75Paragraph 14 was amended by S.I. 1997/2863 and 2001/1029.
M76Paragraph 57 was inserted by S.I. 1997/65 and amended by S.I. 2001/3767 .
M77Paragraph 60 was inserted by S.I. 1997/2863 and substituted by S.I. 2001/1029 .
M78Paragraph 60A was inserted by S.I. 2002/2314 .
M79Paragraph 61 was inserted by S.I. 1997/2863 .
M80Paragraph 63 was inserted by S.I. 1998/563 and substituted by S.I. 1998/2117 .
M81Paragraph 73 was added by S.I. 2003/2279 .
M82Paragraph 74 was added by S.I. 2003/2439 .
M83Paragraph 45 was inserted by S.I. 1997/2863 and substituted by S.I. 2001/1029 .
M84Paragraph 45A was inserted by S.I. 2002/2314 .
M85Paragraph 46 was inserted by S.I. 1997/2863 .
M86Paragraph 48 was inserted by S.I. 1998/2117 .
M87Paragraph 62 was added by S.I. 2003/2279 .
M88Paragraph 63 was added by S.I. 2003/2439 .
M89Relevant amending instruments are S.I. 2000/1978 , 2001/3767, 2002/668, 2003/526, 1121 and 1195.
M90Regulation 86C was inserted by S.I. 2000/1978 and amended by S.I. 2001/3767 .
M91Paragraph (2A) was inserted by S.I. 2001/3767 .
M92Schedule 5A was inserted by S.I. 2000/1978 and amended by S.I. 2001/3767 , 2002/668, 2003/526, 1121 and 1195.
M93S.I. 2000/1926 as amended by S.I. 2001/1189 , 3210, 2002/670, 1703, 2003/400 and 492.
M94S.I. 1979/597 . Relevant amending instruments are S.I. 1991/547 , 1617, 1992/589, 1993/965, 1996/1803, 2000/799 and 2003/136.
M95Relevant amending instruments are S.I. 2000/636 , 2001/2319, 2002/841, 2402, 2003/325 and 2275. Regulations 25 and 33 were substituted in relation to any person who has attained the qualifying age for state pension credit by S.I. 2003/325 .
M96The definition of “supplementary benefit” was inserted by S.I. 1992/432 .
M97S.I. 2003/325 .
M982002 c. 21 .
M99Relevant amending instruments are S.I. 2000/636 , 2001/2319, 2002/841, 2402 and 2003/325. Regulations 17 and 24 were substituted in relation to any person who has attained the qualifying age for state pension credit by S.I. 2003/325 .
M100S.I. 2003/455 . The relevant amending instrument is S.I. 2003/1731 .
M101S.I. 2001/3074 .
Defined TermSection/ArticleIDScope of Application
Act 1973reg. “30. of 2.Act_1973_rtXpjZY
Act 1973reg. “33. of 3.Act_1973_rtnW258
Act 1973reg. “33. of 4.Act_1973_rtXw48E
benefit weekreg. 1.legTerm3i07bDsZ
or in accordance withreg. “30. of 2.or_in_acco_rto7XMo
or in accordance withreg. “32. of 5.or_in_acco_rtSyXQU
or in accordance withreg. “33. of 3.or_in_acco_rtOaALw
or in accordance withreg. “33. of 4.or_in_acco_rts8aYP
provided that he ceased to be so looked after before 1st April 2004reg. 12.provided_t_rtJp65P

Status of changes to instrument text

The list includes made instruments, both those in force and those yet to come into force. Typically, instruments that are not yet in force (hence their changes are not incorporated into the text above) are indicated by description 'not yet' in the changes made column.