Citation, commencement and interpretation

1. —(1) These Regulations may be cited as the Social Security (Coronavirus) (Further Measures) Regulations 2020 and come into force on 30th March 2020.

(2) In these Regulations—

“ coronavirus ” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);

“ coronavirus disease ” means COVID-19 (the official designation of the disease which can be caused by coronavirus);

“ isolation ” in relation to a person, means the separation of that person from any other person in such a manner as to prevent infection or contamination with coronavirus disease;

“ universal credit ” means universal credit under Part 1 of the Welfare Reform Act 2012;

“ Universal Credit Regulations ” means the Universal Credit Regulations 2013 .

Universal credit – minimum income floor

2. —(1) The Secretary of State may, where it appears expedient as a consequence of the outbreak of coronavirus disease, and in such cases or class of case, or for such period, as the Secretary of State determines—

(a) treat the amount of the individual threshold or the couple threshold in regulation 62 (minimum income floor) of the Universal Credit Regulations as if it were a lesser amount (including zero);

(b) where it falls to be determined whether a claimant is in gainful self-employment, delay that determination;

(c) where it has been determined that a claimant is in gainful self-employment, treat that claimant as not being in gainful self-employment;

(d) where a claimant is in a start-up period, extend that period for as long as the Secretary of State considers appropriate; or

(e) in relation to any claimant who would otherwise fall within section 22 of the Welfare Reform Act 2012(all work-related requirements) as a result of this regulation, except that claimant from a work search requirement or a work availability requirement.

(2) In this regulation “start-up period” and “gainful self-employment” have the meanings given in regulations 63 and 64 respectively of the Universal Credit Regulations.

Universal credit – standard allowance modification

3. —(1)Regulation 36 (table showing amounts of elements) of the Universal Credit Regulations, as amended by article 33 of, and Schedule 13 to, the Social Security Benefits Up-rating Order 2020 (“ the 2020 up-rating order ”) is to be read as if the following amounts were substituted for the amounts of the standard allowance—

(a) £342.72 for a single claimant aged under 25;

(b) £409.89 for a single claimant aged 25 or over;

(c) £488.59 for joint claimants both aged under 25;

(d) £594.04 for joint claimants where either is aged 25 or over.

(2) This regulation takes effect in relation to each award of universal credit in the first assessment period that ends on or after 6th April 2020 and continues to have effect only for the remainder of the tax year beginning with 6th April 2020.

(3) For the purposes of any calculation under regulation 54 (transitional element - indicative UC amount) and 55 (transitional element – initial amount and adjustment where other elements increase) of the Universal Credit (Transitional Provisions) Regulations 2014 the amount of the standard allowance is to be the amount specified in regulation 36 of the Universal Credit Regulations, as amended by the 2020 up-rating order, and paragraph (1) is to be disregarded.

Local housing allowance

4. —(1)The Rent Officers (Housing Benefit Functions) Order 1997 is amended as follows—

(a) in article 4B (broad rental market determinations and local housing allowance determinations)—

(i) in paragraph (2B), at the end add “ and also the 31st March 2020 ” ;

(ii) in paragraph (3B), at the end add “ , and the determinations made on the 31st March 2020 shall take effect (on 1st April 2020) in place of the determinations made on the 31st January 2020 ” ;

(b) in Schedule 3B, for sub-paragraph (2) of paragraph 2 (local housing allowance for category of dwelling in paragraph 1) substitute—

“ (2) The local housing allowance for any category of dwelling is the lower of—

(a) the rent at the 30th percentile determined in accordance with sub-paragraphs (4) to (8); and

(b) for a category of dwelling listed in column 1 of the following table, the amount listed in column 2 of that table (maximum local housing allowance)—

(2)The Rent Officers (Housing Benefit Functions) (Scotland) Order 1997 is amended as follows—

(a) in article 4B (broad rental market determinations and local housing allowance determinations)—

(i) in paragraph (2B), at the end add “ and also the 31st March 2020 ” ;

(ii) in paragraph (3B), at the end add “ and the determinations made on the 31st March 2020 shall take effect (on 1st April 2020) in place of the determinations made on the 31st January 2020 ” ;

(b) in Schedule 3B, for sub-paragraph (2) of paragraph 2 (local housing allowance for category of dwelling in paragraph 1) substitute—

“ (2) The local housing allowance for any category of dwelling is the lower of—

(a) the rent at the 30th percentile determined in accordance with sub-paragraphs (4) to (8); and

(b) for a category of dwelling listed in column 1 of the following table, the amount listed in column 2 of that table (maximum local housing allowance)—

(3)The Rent Officers (Universal Credit Functions) Order 2013 is amended as follows—

(a) in article 4 (local housing allowance determinations)—

(i) in paragraph (2), at the end add “ and also the 31st March 2020 ” ;

(ii) after paragraph (3) insert—

“ (3A) The determinations made in accordance with paragraph (1) on the 31st March 2020 shall take effect (under paragraph (3)) in place of the determinations made in accordance with paragraph (1) on the 31st January 2020. ” ;

(b) in Schedule 1, for sub-paragraph (2) of paragraph 2 (local housing allowance for category of accommodation in paragraph 1) substitute—

“ (2) The local housing allowance for any category of accommodation is the lower of—

(a) the rent at the 30th percentile determined in accordance with paragraph 3; and

(b) for a category of accommodation listed in column 1 of the following table, the amount listed in column 2 of that table (maximum local housing allowance)—

Housing benefit – disregards from income modification

5. —(1) The following provisions of the Housing Benefit Regulations 2006 shall be read as if, for “£17.10” there were substituted “ £37.10 ”

(a) sub-paragraphs (1) and (3)(c) of paragraph 17 of Schedule 4 (sums to be disregarded in the calculation of earnings) ;

(b) paragraph 56 of Schedule 5 (sums to be disregarded in the calculation of income other than earnings) .

(2) The following provisions of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 shall be read as if, for “£17.10” there were substituted “ £37.10 ”

(a) sub-paragraphs (1) and (3)(c) of paragraph 9 of Schedule 4 (sums disregarded from claimant's earnings) ;

(b) paragraph 21 of Schedule 5 (amounts to be disregarded in the calculation of income other than earnings) .

(3) This regulation takes effect on 6th April 2020 and ceases to have effect at the end of 4th April 2021.

Universal credit and new style JSA – work-related requirements

6. —(1) As a consequence of the outbreak of coronavirus disease, where a person has an award of new style JSA or an award of universal credit—

(a) the Secretary of State must not impose a work search requirement on that person;

(b) a work search requirement previously applying to such a person ceases to have effect from the date on which these Regulations come into force; and

(c) “able and willing immediately to take up paid work” under a work availability requirement imposed on such a person means able and willing to take up paid work, or attend an interview, immediately once this regulation ceases to apply.

(2) This regulation applies for a period of 3 months beginning with the date that these Regulations come into force and the Secretary of State may extend that period for all cases or any class of case where it appears expedient as a consequence of the continuation of the outbreak of coronavirus disease.

(3) In this regulation, “ new style JSA ” means an allowance under the Jobseekers Act 1995 as amended by the amendments made by Part 1 of Schedule 14 to the Welfare Reform Act 2012 that remove references to an income-based allowance.

Old style JSA – availability for employment and actively seeking employment

7. —(1) As a consequence of the outbreak of coronavirus disease, a person who has an award of old style JSA is to be treated as—

(a) available for employment; and

(b) actively seeking employment,

for the purposes of the Jobseekers Act 1995 .

(2) This regulation applies for a period of 3 months beginning with the date that these Regulations come into force and the Secretary of State may extend that period for all cases or any class of case where it appears expedient as a consequence of the continuation of the outbreak of coronavirus disease.

(3) In this regulation, “ old style JSA ” means a jobseeker's allowance under the Jobseekers Act 1995 as that Act has effect apart from the amendments made by Part 1 of Schedule 14 to the Welfare Reform Act 2012 that remove references to an income-based allowance.

Jobseeker's Allowance – periods of sickness

8. —(1) A person who has an award of jobseeker's allowance and who is—

(a) infected or contaminated with coronavirus disease;

(b) in isolation; or

(c) caring for a child or qualifying young person who is a member of the person's household and who falls within sub-paragraph (a) or (b),

and who satisfies the requirements for entitlement to a jobseeker's allowance other than those specified in section 1(2)(f) of the Jobseekers Act 1995 (not having limited capability for work) is to be treated as capable of work or as not having limited capability for work.

(2) Any period during which this regulation applies to the person is to be disregarded for the purposes of calculating the number of occasions for the purposes of—

(a) regulation 55(3) or 55ZA(5) of the Jobseeker's Allowance Regulations 1996 ;

(b) regulation 46(3) or 46A(5) of the Jobseeker's Allowance Regulations 2013 .

(3) In this regulation, “ jobseeker's allowance ” means an allowance under the Jobseekers Act 1995.

Carer's Allowance

9. —(1) This regulation applies where a person in receipt of carer's allowance (“A”) is temporarily unable to care for the severely disabled person (“B”) in respect of whom the carer's allowance is paid by reason of isolation due to, or infection or contamination with, coronavirus disease of either A or B.

(2)Regulation 4(2) of the Social Security (Invalid Care Allowance) Regulations 1976 is to be read as if the words starting with “and” at the end of sub-paragraph (a) to the end of sub-paragraph (b) were omitted.

(3) In this regulation—

(a) “ carer's allowance ” means the allowance paid under section 70 of the Social Security Contributions and Benefits Act 1992 ; and

(b) “ severely disabled person ” has the meaning given in section 70(2) of that Act.

(4) This regulation extends only to England and Wales.

Expiry

10. —(1) The Secretary of State must keep the operation of these Regulations under review.

(2)Regulations 6 and 7 cease to have effect at the end of the period of eight months beginning on 13th March 2020.

(2A)Regulation 2 ceases to have effect on 31st July 2021 .

(2B)Regulations 8 and 9 cease to have effect on 31st August 2021 .

(3)Regulation 3 (treating a person as having limited capability for work) and regulation 4 (suspension of the minimum income floor) of the Employment and Support Allowance and Universal Credit (Coronavirus Disease) Regulations 2020 no longer have effect in so far as they apply to universal credit.