Statutory Instruments
2020 No. 409
Social Security
The Social Security (Coronavirus) (Prisoners) Regulations 2020
Made
at 10.23 a.m. on 7th April 2020
Laid before Parliament
at 3.00 p.m. on 7th April 2020
Coming into force
8th April 2020
M1,M2,M3,M4,M5 The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 123(1)(a) and (d), 124, 130, 135(1), 137(1) and (2)(h) and (l), 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992 , sections 4(5) and (12), 6(4), 7(4), 35 and 36(2) and (4) of, and paragraph 12 of Schedule 1 to, the Jobseekers Act 1995, sections 2(3), (4), (6) and (9), 3(8) and 17(1) and (2)(a) of the State Pension Credit Act 2002 , sections 4(2) and (3), 24(1) and 25(2), (3) and (5) of, and paragraph 6(8) of Schedule 1 to, the Welfare Reform Act 2007 and sections 2(2), 6(1), 8(1), 40, 42(1) to (3) of, and paragraph 5(1) of Schedule 1 to, the Welfare Reform Act 2012 .
M6 In accordance with section 173(1)(a) of the Social Security Administration Act 1992 , it appears to the Secretary of State that by reason of the urgency of this matter it is inexpedient to refer the proposals in respect of these Regulations to the Social Security Advisory Committee.
In accordance with section 176(2)(a) of the Social Security Administration Act 1992 it appears to the Secretary of State that by reason of the urgency of this matter it is inexpedient to consult with representative bodies.
Citation and commencement I1
[F1 Interpretation
Income Support, Jobseeker's Allowance, State Pension Credit, Employment and Support Allowance and Universal Credit – definition of prisoner I2
(2) The Regulations are—
(a) M7the Income Support (General) Regulations 1987 ;
(b) M8the Jobseeker's Allowance Regulations 1996 ;
(c) M9the State Pension Credit Regulations 2002 ;
(d) M10the Employment and Support Allowance Regulations 2008 ; and
(e) M11the Universal Credit Regulations 2013 .
Income Support, Jobseeker's Allowance, State Pension Credit and Employment and Support Allowance – persons treated as being or not being members of the same household I3
(a) M12regulation 16(3)(b)(ii) of the Income Support (General) Regulations 1987 ;
(b) regulation 5(1)(c)(iii) of the State Pension Credit Regulations 2002; and
(c) regulation 156(4)(b)(ii) of the Employment and Support Allowance Regulations 2008.
M13 (2)[F4 Where the Secretary of State is satisfied that it is expedient as a result of coronavirus disease and in such cases as the Secretary of State determines, F4]regulation 78(3)(b)(ii) of the Jobseeker's Allowance Regulations 1996 is to be read as if the words “the provisions of the Prison Act 1952 or” were omitted.
Jobseeker's Allowance – availability for employment I4
Housing Benefit – modification of the rule on whether a person is or is not to be treated as occupying a dwelling as their home I5
(a) M14regulation 7(14) of the Housing Benefit Regulations 2006 ; and
(b) M15regulation 7(14) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 .
Expiry I6
6. —(1) The Secretary of State must keep the operation of these Regulations under review.
(2) These Regulations cease to have effect [F7 on 31st August 2021 F7] .
Signed by the authority of the Secretary of State for Work and Pensions
Will Quince
Minister for Welfare Delivery
Department for Work and Pensions