Statutory Instruments
2015 No. 389
Social Security
The Social Security (Members of the Reserve Forces) (Amendment) Regulations 2015
Made
23rd February 2015
Laid before Parliament
2nd March 2015
Coming into force
6th April 2015
The Secretary of State for Work and Pensions, in exercise of the powers conferred by sections 136(3), (4) and (5)(b), 137(1) and 175(3) and (4) of the Social Security Contributions and Benefits Act 1992( 1 )sections 6(4), 7(4), 12(1) to (3) and (4)(b), 35(1) and 36(2) and (4) of the Jobseekers Act 1995( 2 )and sections 17(1), (2) and (3)(b), 24(1), 25(2), (3) and (5) of the Welfare Reform Act 2007( 3 ), makes the following Regulations.
In accordance with section 173(1)(b) of the Social Security Administration Act 1992, the Secretary of State has obtained the agreement of the Social Security Advisory Committee that the proposals in respect of these Regulations should not be referred to it( 4 ).
Citation and commencement
1. These Regulations may be cited as the Social Security (Members of the Reserve Forces) (Amendment) Regulations 2015 and come into force on 6th April 2015.
Amendment of the Income Support (General) Regulations 1987
2. —(1)The Income Support (General) Regulations 1987( 5 ) are amended as follows.
(2) In regulation 2(1) (interpretation), after the definition of “enactment”( 6 ) insert-
“ “first year of training” means a period of one year beginning with a person’s first day of training. ”
(3) For regulation 29(2C) (calculation of earnings derived from employed earner’s employment and income other than earnings)( 7 ) substitute—
“ (2C) (a) This paragraph applies where earnings are derived by a claimant as a member of a reserve force prescribed in Part 1 of Schedule 6 to the Contributions Regulations—
(i) in respect of a period of annual continuous training for a maximum of 15 days in any calendar year; or
(ii) in respect of training in the claimant’s first year of training as a member of a reserve force for a maximum of 43 days in that year.
(b) Earnings, whether paid to the claimant alone or together with other earnings derived from the same source, are to be taken into account—
(i) in the case of a period of training which lasts for the number of days listed in column 1 of the table in sub-paragraph (c), over a period of time which is equal to the number of days set out in the corresponding row in column 2 of that table; or
(ii) in any other case, over a period of time which is equal to the number of days of the training period.
(c) This is the table referred to in sub-paragraph (b)(i)—
Column 1 Period of training in days | Column 2 Period of time over which earnings are to be taken into account in days |
|---|---|
| 8 to 10 | 7 |
| 15 to 17 | 14 |
| 22 to 24 | 21 |
| 29 to 31 | 28 |
| 36 to 38 | 35 |
| 43 | 42 ” |
(4) In Schedule 8 (sums to be disregarded in the calculation of earnings)( 8 )—
(a) in paragraph 7(1)(d), omit the words “territorial or”; and
(b) in paragraph 15A—
(i) in sub-paragraph (2), omit the words “territorial or”; and
(ii) at the end of sub-paragraph (2), omit the full stop and insert—
“ or in respect of training in the claimant’s first year of training as a member of a reserve force for a maximum of 43 days in that year. ”
Amendment of the Jobseeker’s Allowance Regulations 1996
3. —(1)The Jobseeker’s Allowance Regulations 1996( 9 ) are amended as follows.
(2) In regulation 1(3) (citation, commencement, interpretation and application), after the definition of “enactment”( 10 ) insert—
“ “first year of training” means a period of one year beginning with a person’s first day of training. ”
(3) In regulation 14(1) (circumstances in which a person is to be treated as available)( 11 ), for sub- paragraph (v), substitute—
“ (v) if he is a member of a reserve force prescribed in Part 1 of Schedule 6 to the Contributions Regulations ( 12 ) , either—
(i) if he is engaged in his first year of training, for a maximum of 43 days in that year; or
(ii) if he is engaged in annual continuous training, for a maximum of 15 days in any calendar year. ” .
(4) In regulation 19(1) (circumstances in which a person is to be treated as actively seeking employment)( 13 ), for sub-paragraph (y), substitute—
“ (y) in any week during which he is engaged for not less than 3 days in training as a member of a reserve force prescribed in Part 1 of Schedule 6 to the Contributions Regulations, either—
(i) if he is engaged in his first year of training, for a maximum of 43 days in that year; or
(ii) if he is engaged in annual continuous training, for a maximum of 15 days in any calendar year. ” .
(5) For regulation 94(2C) (calculation of earnings derived from employed earner’s employment and income other than earnings)( 14 ) substitute—
“ (2C) (a) This paragraph applies where earnings are derived by a claimant as a member of a reserve force prescribed in Part 1 of Schedule 6 to the Contributions Regulations—
(i) in respect of a period of annual continuous training for a maximum of 15 days in any calendar year; or
(ii) in respect of training in the claimant’s first year of training as a member of a reserve force for a maximum of 43 days in that year.
(b) Earnings, whether paid to the claimant alone or together with other earnings derived from the same source, are to be taken into account—
(i) in the case of a period of training which lasts for the number of days listed in column 1 of the table in sub-paragraph (c), over a period of time which is equal to the number of days set out in the corresponding row in column 2 of that table; or
(ii) in any other case, over a period which is equal to the duration of the training period.
(c) This is the table referred to in sub-paragraph (b)(i)—
Column 1 Period of training in days | Column 2 Period of time over which earnings are to be taken into account in days |
|---|---|
| 8 to 10 | 7 |
| 15 to 17 | 14 |
| 22 to 24 | 21 |
| 29 to 31 | 28 |
| 36 to 38 | 35 |
| 43 | 42 ” |
(6) In Schedule 6 (sums to be disregarded in the calculation of earnings)( 15 )—
(a) in paragraph 9(1)(d), omit the words “territorial or”; and
(b) in paragraph 19—
(i) in sub-paragraph (3), omit the words “territorial or”; and
(ii) at the end of sub-paragraph (3), omit the full stop and insert—
“ or in respect of training in the claimant’s first year of training as a member of a reserve force for a maximum of 43 days in that year. ” .
(7) In each of the following provisions, omit the words “territorial or”—
(a) regulation 18(3)(f)(v)( 16 );
(b) regulation 50(6D)(a)( 17 ); and
(c) regulation 53(d)(iv)( 18 ).
Amendment of the Employment and Support Allowance Regulations 2008
4. —(1)The Employment and Support Allowance Regulations 2008( 19 ) are amended as follows.
(2) In regulation 2(1) (interpretation), after the definition of “First-tier tribunal ” insert—
“ “first year of training” means a period of one year beginning with a person’s first day of training. ”
(3) For regulation 91(4A) (calculation of earnings derived from employed earner’s employment and income other than earnings)( 20 ) substitute —
“ (4A) (a) This paragraph applies where earnings are derived by a claimant as a member of a reserve force prescribed in Part 1 of Schedule 6 to the Contributions Regulations—
(i) in respect of a period of annual continuous training for a maximum of 15 days in any calendar year; or
(ii) in respect of training in the claimant’s first year of training as a member of a reserve force for a maximum of 43 days in that year.
(b) Earnings, whether paid to the claimant alone or together with other earnings derived from the same source, are to be taken into account—
(i) in the case of a period of training which lasts for the number of days listed in column 1 of the table in sub-paragraph (c), over a period of time which is equal to the number of days set out in the corresponding row in column 2 of that table; or
(ii) in any other case, over a period which is equal to the duration of the training period.
(c) This is the table referred to in sub-paragraph (b)(i)—
Column 1 Period of training in days | Column 2 Period of time over which earnings are to be taken into account in days |
|---|---|
| 8 to 10 | 7 |
| 15 to 17 | 14 |
| 22 to 24 | 21 |
| 29 to 31 | 28 |
| 36 to 38 | 35 |
| 43 | 42 ” |
(4) In Schedule 7 (sums to be disregarded in the calculation of earnings)( 21 )—
(a) in paragraph 11A—
(i) in sub-paragraph (2), omit the words “territorial or”; and
(ii) at the end of sub-paragraph (2), omit the full stop and insert—
“ or in respect of training in the claimant’s first year of training as a member of a reserve force for a maximum of 43 days in that year. ” ; and
(b) in paragraph 12(a), omit the words “territorial or”.
(5) In regulation 43(1)(e)(vi), omit the words “territorial or”.
Amendment of the Jobseeker’s Allowance Regulations 2013
5. —(1)The Jobseeker’s Allowance Regulations 2013( 22 )are amended as follows.
(2) In regulation 2(2) (general interpretation), after the definition of “earnings” insert—
“ “first year of training” means a period of one year beginning with a person’s first day of training. ”
(3) For regulation 54(3) (calculation of earnings derived from employed earner’s employment) substitute—
“ (3) (a) This paragraph applies where earnings are derived by a claimant as a member of a reserve force prescribed in Part 1 of Schedule 6 to the Social Security (Contributions) Regulations 2001—
(i) in respect of a period of annual continuous training for a maximum of 15 days in any calendar year; or
(ii) in respect of training in the claimant’s first year of training as a member of a reserve force for a maximum of 43 days in that year.
(b) Earnings, whether paid to the claimant alone or together with other earnings derived from the same source, are to be taken into account—
(i) in the case of a period of training which lasts for the number of days listed in column 1 of the table in sub-paragraph (c), over a period of time which is equal to the number of days set out in the corresponding row in column 2 of that table; or
(ii) in any other case, over a period which is equal to the duration of the training period.
(c) This is the table referred to in sub-paragraph (b)(i)—
Column 1 Period of training in days | Column 2 Period of time over which earnings are to be taken into account in days |
|---|---|
| 8 to 10 | 7 |
| 15 to 17 | 14 |
| 22 to 24 | 21 |
| 29 to 31 | 28 |
| 36 to 38 | 35 |
| 43 | 42 ” |
(4) In the Schedule (sums to be disregarded in the calculation of earnings)—
(a) in paragraph 6, omit the words “territorial or”; and
(b) in paragraph 12—
(i) in sub-paragraph(2), omit the words “territorial or”; and
(ii) at the end of sub-paragraph (2), omit the full stop and insert—
“ or in respect of training in the claimant’s first year of training as a member of a reserve force for a maximum of 43 days in that year. ”
(5) In each of the following provisions, omit the words “territorial or” —
(a) regulation 41(6)(a); and
(b) regulation 44(1)(c)(v).
Signed by authority of the Secretary of State for Work and Pensions
Esther McVey
Minister of State
Department for Work and Pensions
23rd February 2015
1992. c.4. Section 137(1) is an interpretation provision and is cited because of the meaning given to the word “prescribed”. Sections 137(1) and 175(4) have been amended in ways not relevant to these Regulations
1995 c. 18 . Section 8(2) was amended by section 33(1) and (2) of the Welfare Reform Act 2009 (c. 24) . Section 35(1) is an interpretation provision and is cited for the meaning it gives to the terms “prescribed” and “regulations”. The definition of “prescribed” was amended by paragraph 62 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc) Act 1999 (c. 2) .
2007. c.5. Section 24(1) is an interpretation provision and is cited because of the meaning given to the word prescribed” and “regulations”.
See sections 172(1) and 173(1)(b) of the Social Security Administration Act 1992 (c. 5) .
S.I. 1987/1967 . Paragraph 15A was substituted by S.I. 2012/2575 .
The definition of enactment was inserted by S.I. 2009/2655 . Regulation 2 has been amended in other ways not relevant to these Regulations.
Regulation 29(2C) was inserted by S.I. 2012/2575 .
Paragraph 7(1) of Schedule 8 has been amended by S.I. 1993/315 and S.I. 2000/2545 . Paragraph 7(1)(d) has been amended by S.I.2006/2378 . Paragraph 7(1) has been amended in other ways not relevant to these Regulations.
The definition of enactment was inserted by S.I. 2009/2655 . Regulation 1(3) has been amended in other ways not relevant to these Regulations.
Regulation 14(1) has been amended by S.I. 1997/563 , S.I. 2008/1826 and S.I. 2006/1402 . Sub-paragraph (v) was inserted by S.I. 2012/1616 . Regulation 14(1) has been amended in other ways not relevant to these Regulations.
Regulation 19(1) was amended by S.I. 2006/1402 . Sub-paragraph (y) was inserted by S.I. 2012/1616 . Regulation 19(1) has been amended in other ways not relevant to these Regulations.
Regulation 94(2C) was inserted by S.I. 2012/1616 and amended by S.I. 2012/2575 .
Schedule 6 was amended by S.I. 2006/2378 . It has been amended in other ways not relevant to these Regulations.
Regulation 18 was amended by S.I. 2006/2378 . It has been amended in other ways not relevant to these Regulations.
Regulation 50(6D) was inserted by S.I. 2012/2575 .
Regulation 50 was amended by S.I. 2006/2378 . It has been amended in other ways not relevant to these Regulations.
S.I. 2008/794 . Paragraph 11A was inserted by S.I. 2012/2575 .
Regulation 91(4A) was inserted by S.I. 2012/2575 .
Paragraph 11A of Schedule 7 was inserted by S.I. 2012/2575 . There are other amendments to Schedule 7 not relevant to these Regulations.