This Statutory Instrument has been made in consequence of defects in S.I. 2013/376, 2015/499, 2022/752, 2025/884 and 2026/395 and is being issued free of charge to all known recipients of those Statutory Instruments.
Statutory Instruments
2026 No. 1063
SOCIAL SECURITY
The Social Security (Miscellaneous Amendments) Regulations 2026
Made
6th October 2026
Laid before Parliament
7th October 2026
Coming into force
30th October 2026
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 123(1)(d), 130A(2), 136(3) and (5), 136A(3) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992(1), sections 71(8), 71ZC(1) and 189(1), (4) and (6) of the Social Security Administration Act 1992(2), paragraph 8 of Schedule 1 to the Social Security (Recovery of Benefits) Act 1997(3), sections 1(5)(b), 15(3) and (6)(b) and 17(2)(a) of the State Pension Credit Act 2002(4), sections 4(2), 17(1) and (3) and 25(2), (3) and (5) of the Welfare Reform Act 2007(5) and sections 42(1) to (3), 80(1) and (3), 93(1) and 94(1) to (3) of, and paragraph 4(1) and (3)(a) of Schedule 1, paragraphs 1(1) and 4(1)(b) and (2)(d) of Schedule 6, and paragraph 1(1) of Schedule 10 to, the Welfare Reform Act 2012(6).
In accordance with section 173(1)(b) of the Social Security Administration Act 1992, the Social Security Advisory Committee has agreed that the proposals in respect of these Regulations should not be referred to it.
In respect of regulations 4 and 5, in accordance with section 176(1)(a) of the Social Security Administration Act 1992(7), the Secretary of State has consulted with organisations appearing to the Secretary of State to be representative of the authorities concerned.
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations 2026 and come into force on 30th October 2026.
(2) Subject to paragraph (3), these Regulations extend to England and Wales and Scotland.
(3) Regulations 10 and 12 extend to England and Wales.
Amendment of the Social Security (Recovery of Benefits) Regulations 1997
2. In regulation 2(2) of the Social Security (Recovery of Benefits) Regulations 1997 (exempted trusts and payments)(8) after sub-paragraph (u) insert— “;
(v)any payment that is made under the Mother and Baby Institutions Payment Scheme established by the Irish Government under section 5 of the Irish Mother and Baby Institutions Payment Scheme Act 2023(9).”.
Amendment of the State Pension Credit Regulations 2002
3.—(1) The State Pension Credit Regulations 2002(10) are amended as follows.
(2) In regulation 1(2) (citation, commencement and interpretation)—
(a)after the definition of “miscarriage of justice compensation payment” insert—
““Mother and Baby Scheme payment” means a payment under the Mother and Baby Institutions Payment Scheme established by the Irish Government under section 5 of the Irish Mother and Baby Institutions Payment Scheme Act 2023;”;
(b)in the definition of “qualifying person” for “or a miscarriage of justice compensation payment” substitute “, a miscarriage of justice compensation payment or a Mother and Baby Scheme payment”.
(3) In regulation 5(1D) (persons treated as being or not being members of the same household), after sub-paragraph (a) insert—
“(aa)paragraph (1A)(a), (b) or (c) applied to the person when the public information was issued or the evacuation began;”.
(4) In Schedule 2 (housing costs), in paragraph 14(8), after paragraph (bf) insert—
“(bg)any Mother and Baby Scheme payment;”.
(5) In Schedule 5 (income from capital), in paragraph 15—
(a)in sub-paragraph (1A) for “or miscarriage of justice compensation payment” substitute “, miscarriage of justice compensation payment, Mother and Baby Scheme payment”;
(b)in each of sub-paragraphs (2) to (5) and (6) for “or a miscarriage of justice compensation payment” substitute “, a miscarriage of justice compensation payment or a Mother and Baby Scheme payment”.
Amendment of the Housing Benefit Regulations 2006
4.—(1) The Housing Benefit Regulations 2006(11) are amended as follows.
(2) In regulation 2(1) (interpretation)—
(a)after the definition of “miscarriage of justice compensation payment” insert—
““Mother and Baby Scheme payment” means a payment under the Mother and Baby Institutions Payment Scheme established by the Irish Government under section 5 of the Irish Mother and Baby Institutions Payment Scheme Act 2023;”;
(b)in the definition of “qualifying person” for “or a miscarriage of justice compensation payment” substitute “, a miscarriage of justice compensation payment or a Mother and Baby Scheme payment”.
(3) In regulation 42(7A) (notional income) after sub-paragraph (f) insert— “;
(g)a Mother and Baby Scheme payment.”.
(4) In regulation 46(6) (income treated as capital) after “a miscarriage of justice compensation payment” insert “, a Mother and Baby Scheme payment”.
(5) In regulation 49(4A) (notional capital) after sub-paragraph (g) insert— “;
(h)a Mother and Baby Scheme payment.”.
(6) In regulation 74(9) (non-dependant deductions) after sub-paragraph (bf) insert—
“(bg)any Mother and Baby Scheme payment;”.
(7) In Schedule 5 (sums to be disregarded in the calculation of income other than earnings), in paragraph 35—
(a)in sub-paragraph (1A) after paragraph (f) insert— “;
(g)Mother and Baby Scheme payment.”;
(b)in each of sub-paragraphs (2) to (6) for “or a miscarriage of justice compensation payment” substitute “, a miscarriage of justice compensation payment or a Mother and Baby Scheme payment”.
(8) In Schedule 6 (capital to be disregarded), in paragraph 24—
(a)in sub-paragraph (1A) for “or miscarriage of justice compensation payment” substitute “, miscarriage of justice compensation payment, Mother and Baby Scheme payment”;
(b)in each of sub-paragraphs (2) to (5) and (6) for “or a miscarriage of justice compensation payment” substitute “, a miscarriage of justice compensation payment or a Mother and Baby Scheme payment”.
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
5.—(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006(12) are amended as follows.
(2) In regulation 2(1) (interpretation)—
(a)after the definition of “miscarriage of justice compensation payment” insert—
““Mother and Baby Scheme payment” means a payment under the Mother and Baby Institutions Payment Scheme established by the Irish Government under section 5 of the Irish Mother and Baby Institutions Payment Scheme Act 2023;”;
(b)in the definition of “qualifying person” for “or a miscarriage of justice compensation payment” substitute “, a miscarriage of justice compensation payment or a Mother and Baby Scheme payment”.
(3) In regulation 55(10) (non-dependant deductions) after sub-paragraph (bf) insert—
“(bg)any Mother and Baby Scheme payment;”.
(4) In Schedule 6 (capital to be disregarded), in paragraph 16—
(a)in sub-paragraph (1A) for “or miscarriage of justice compensation payment” substitute “, miscarriage of justice compensation payment, Mother and Baby Scheme payment”;
(b)in each of sub-paragraphs (2) to (5) and (6) for “or a miscarriage of justice compensation payment” substitute “, a miscarriage of justice compensation payment or a Mother and Baby Scheme payment”.
Amendment of the Employment and Support Allowance Regulations 2008
6.—(1) The Employment and Support Allowance Regulations 2008(13) are amended as follows.
(2) In regulation 2(1) (interpretation)—
(a)after the definition of “mobility supplement” insert—
““Mother and Baby Scheme payment” means a payment under the Mother and Baby Institutions Payment Scheme established by the Irish Government under section 5 of the Irish Mother and Baby Institutions Payment Scheme Act 2023;”;
(b)in the definition of “qualifying person” for “or a miscarriage of justice compensation payment” substitute “, a miscarriage of justice compensation payment or a Mother and Baby Scheme payment”.
(3) In regulation 107(5A) (notional income – income due to be paid or income paid to or in respect of a third party) after sub-paragraph (f) insert— “;
(g)a Mother and Baby Scheme payment.”.
(4) In regulation 112(8)(b) (income treated as capital) after paragraph (vi) insert— “;
(vii)Mother and Baby Scheme payment.”.
(5) In regulation 115(5A) (notional capital) after sub-paragraph (g) insert— “;
(h)a Mother and Baby Scheme payment.”.
(6) In Schedule 6 (housing costs), in paragraph 19(8)(b), for “or miscarriage of justice compensation payment” substitute “, miscarriage of justice compensation payment, Mother and Baby Scheme payment”.
(7) In Schedule 8 (sums to be disregarded in the calculation of income other than earnings), in paragraph 41—
(a)in sub-paragraph (1A), after paragraph (f) insert— “;
(g)Mother and Baby Scheme payment.”;
(b)in each of sub-paragraphs (2) to (6) for “or a miscarriage of justice compensation payment” substitute “, a miscarriage of justice compensation payment or a Mother and Baby Scheme payment”.
(8) In Schedule 9 (capital to be disregarded), in paragraph 27—
(a)in sub-paragraph (1A) for “or miscarriage of justice compensation payment” substitute “, miscarriage of justice compensation payment, Mother and Baby Scheme payment”;
(b)in each of sub-paragraphs (2) to (5) and (6) for “or a miscarriage of justice compensation payment” substitute “, a miscarriage of justice compensation payment or a Mother and Baby Scheme payment”.
Amendment of the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 2008
7. In regulation 7(2) of the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 2008 (exempted trusts and payments)(14), after sub-paragraph (r) insert— “;
(s)any payment that is made under the Mother and Baby Institutions Payment Scheme established by the Irish Government under section 5 of the Irish Mother and Baby Institutions Payment Scheme Act 2023.”.
Amendment of the Universal Credit Regulations 2013
8.—(1) The Universal Credit Regulations 2013(15) are amended as follows.
(2) In regulation 55(2)(b) (employed earnings), after “Part 4” insert “(other than section 232)”.
(3) In regulation 76 (special schemes for compensation etc.), after paragraph (1D) insert—
“(1E) This regulation also applies where a person receives a payment under the Mother and Baby Institutions Payment Scheme established by the Irish Government under section 5 of the Irish Mother and Baby Institutions Payment Scheme Act 2023.”.
Amendment of the Social Security (Overpayments and Recovery) Regulations 2013
9. In regulation 14(2)(a) of the Social Security (Overpayments and Recovery) Regulations 2013 (recovery by deduction from state pension credit)(16) for the words “5 times 5 per cent.” substitute “8 times 5 per cent.”.
Amendment of the Personal Independence Payment (Transitional Provisions) Regulations 2013
10.—(1) The Personal Independence Payment (Transitional Provisions) Regulations 2013(17) are amended as follows.
(2) In regulation 13 (failure to provide information etc.)—
(a)after paragraph (1) insert—
“(1A) Where it is accepted that the claimant had good reason for the failure giving rise to a determination under paragraph (1), whether or not at the same time as making an assessment determination, the determination under paragraph (1) is treated as not made and the transfer claimant’s entitlement to disability living allowance is reinstated as if the determination had never been made.”;
(b)omit paragraph (2).
(3) In regulation 17 (procedure following and consequences of determination of claim for personal independence payment)—
(a)in paragraph (1)(b), omit “except where paragraph (2) of regulation 13 applies to the claimant,”;
(b)omit paragraph (2)(b);
(c)in paragraph (3)(a), omit “except where paragraph (2) of regulation 13 applies to the claimant,”.
Amendment of the Universal Credit (Transitional Provisions) Regulations 2014
11. In regulation 55 of the Universal Credit (Transitional Provisions) Regulations 2014 (the transitional element - initial amount and adjustment where other elements increase)(18)—
(a)in paragraph (4), for “paragraphs (5) and (5A)” substitute “paragraphs (5), (5A) and (5B)”;
(b)after paragraph (5A), insert—
“(5B) In an assessment period where—
(a)the carer element has been replaced by the LCW element or the LCWRA element, or
(b)the LCW element or the LCWRA element has been replaced by the carer element,
the “relevant increase” is to be treated as the net increase (if any) produced by deducting the amount of the element which is being removed from the amount of the element replacing it.”;
(c)in paragraph (6)—
(i)after “In this regulation,” insert ““carer element”,”;
(ii)after ““housing costs element”” omit “, “LCW element””;
(d)after paragraph (6), insert—
“(7) In this regulation, “LCW element” has the same meaning as in regulation 27 of the Universal Credit Regulations 2013 as it has effect apart from the amendments made by regulation 4(4) of the Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017(19).”.
Amendment of the Universal Credit, Personal Independence Payment and Employment and Support Allowance (Amendment) Regulations 2026
12. In regulation 1 of the Universal Credit, Personal Independence Payment and Employment and Support Allowance (Amendment) Regulations 2026 (citation, commencement and extent)(20)—
(a)in paragraph (2), for “Any” substitute “Subject to paragraph (3), any”;
(b)after paragraph (2), insert—
“(3) Regulation 3 extends to England and Wales only.”.
Signed by authority of the Secretary of State for Work and Pensions
Stephen Timms
Minister of State
Department for Work and Pensions
6th October 2026
1992 c. 4. Section 130A was inserted by section 30(2) of the Welfare Reform Act 2007 (c. 5). Section 136A was inserted by paragraph 3 of Schedule 2 to the State Pension Credit Act 2002 (c. 16). Section 175(1) and (4) was amended by paragraph 29 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2). Section 175(1), (3) and (4) is applied in relation to the powers conferred by sections 1(5)(b), 15(3) and (6)(b) and 17(2)(a) of the State Pension Credit Act 2002 by section 19(1) of that Act. See section 137(1) for the definition of “prescribed”.
1992 c. 5. Section 71(8) was amended by section 107(1) and Schedule 14 Part 11 to the Welfare Reform Act 2012 (c. 5). Section 71ZC(1) was inserted by section 105(1) of the Welfare Reform Act 2012. Section 189 was amended by paragraph 109 of Schedule 7, and Schedule 8, to the Social Security Act 1998 (c. 14), paragraph 57(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), Schedule 6 to the Tax Credits Act 2002 (c. 21) and S.I. 2013/252. Section 189(4) is applied to the provisions of the Social Security (Recovery of Benefits) Act 1997 (c. 27) by section 30(4) of that Act.
1997 c. 27. See section 29 for the definitions of “prescribed” and “regulations”.
2002 c. 16. See section 17(1) for the definitions of “prescribed” and “regulations”.
2007 c. 5. See section 24(1) for the definitions of “prescribed” and “regulations”.
2012 c. 5. See section 95 for the definition of “prescribed”.
Section 176(1)(a) was amended by paragraph 23 of Schedule 9 to the Local Government Finance Act 1992 (c. 14).
S.I. 1997/2205; relevant amending instrument is S.I. 2025/44.
Number 20 of 2023 of the Acts of the Oireachtas of the Republic of Ireland.
S.I. 2002/1792; relevant amending instruments are S.I. 2004/1141, 2005/2877, 3391, 2010/641, 2011/2425, 2017/329, 689, 870, 2020/618, 2021/1405, 2023/640, 1144, 2025/44, 778, 884.
S.I. 2006/213; relevant amending instruments are S.I. 2007/2868, 2008/2767, 2010/641, 2011/2425, 2017/329, 689, 870, 2020/618, 2021/1405, 2023/640, 1144, 2025/44, 778.
S.I. 2006/214; relevant amending instruments are S.I. 2007/2869, 2010/641, 2011/2425, 2017/329, 689, 870, 2020/618, 2021/1405, 2023/640, 1144, 2025/44, 778.
S.I. 2008/794; relevant amending instruments are S.I. 2008/2428, 2010/641, 2011/2425, 2017/329, 689, 870, 2020/618, 2021/1405, 2023/640, 1144, 2025/44, 778.
S.I. 2008/1596; relevant amending instrument is S.I. 2025/44.
S.I. 2013/376; relevant amending instrument is S.I. 2025/778.
S.I. 2013/384, to which there are amendments not relevant to these Regulations.
S.I. 2013/387; relevant amending instrument is S.I. 2016/189.
S.I. 2014/1230; relevant amending instruments are S.I. 2019/1152, 2022/752 and 2025/3.