Social Security PART 1 PRELIMINARY Citation and commencement 1 These Regulations may be cited as the Social Security and Child Support (Care Payments and Tenant Incentive Scheme) (Amendment) Regulations 2017 and come into force on 7th November 2017. PART 2 AMENDMENTS RELATING TO THE TREATMENT OF KINSHIP CARE ASSISTANCE IN SOCIAL SECURITY BENEFITS Amendment of the Income Support (General) Regulations 1987 2 1 The Income Support (General) Regulations 1987 are amended as follows. 2 In regulation 37(2)(b) (earnings of self-employed earners)— a for “26 or 27” substitute “26, 27 or 27A”; b for “and payments” substitute “, payments”; c after “claimant’s care” insert “and any payments made to a claimant under section 73(1)(b) of the Children and Young People (Scotland) Act 2014 (kinship care assistance)”. 3 After paragraph 27 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) insert— 27A Any payment made to a claimant under section 73(1)(b) of the Children and Young People (Scotland) Act 2014 (kinship care assistance). . 4 At the end of Schedule 10 (capital to be disregarded) insert— 74 Any payment made to a claimant under section 73(1)(b) of the Children and Young People (Scotland) Act 2014 (kinship care assistance). . Amendment of the Jobseeker’s Allowance Regulations 1996 3 1 The Jobseeker’s Allowance Regulations 1996 are amended as follows. 2 In regulation 100(2)(b) (earnings of self-employed earners)— a for “27 or 28” substitute “27, 28 or 28A”; b for “and payments” substitute “, payments”; c after “claimant’s care” insert “and any payments made to a claimant under section 73(1)(b) of the Children and Young People (Scotland) Act 2014 (kinship care assistance)”. 3 After paragraph 28 of Schedule 7 (sums to be disregarded in the calculation of income other than earnings) insert— 28A Any payment made to a claimant under section 73(1)(b) of the Children and Young People (Scotland) Act 2014 (kinship care assistance). . 4 At the end of Schedule 8 (capital to be disregarded) insert— 67 Any payments made to a claimant under section 73(1)(b) of the Children and Young People (Scotland) Act 2014 (kinship care assistance). . Amendment of the State Pension Credit Regulations 2002 4 1 The State Pension Credit Regulations 2002 are amended as follows. 2 In regulation 17B(4)(b) (earnings of self-employed earners), in the text of the inserted paragraph (2), after paragraph (da) insert— db any payment made to a claimant under section 73(1)(b) of the Children and Young People (Scotland) Act 2014 (kinship care assistance). . Amendment of the Housing Benefit Regulations 2006 5 1 The Housing Benefit Regulations 2006 are amended as follows. 2 In regulation 37(2) (earnings of self-employed earners)— a for “26 or 27” substitute “26, 27 or 27A”; b for “and payments” substitute “, payments”; c after “claimant’s care” insert “and any payments made to a claimant under section 73(1)(b) of the Children and Young People (Scotland) Act 2014 (kinship care assistance)”. 3 After paragraph 27 of Schedule 5 (sums to be disregarded in the calculation of income other than earnings) insert— 27A Any payment made to a claimant under section 73(1)(b) of the Children and Young People (Scotland) Act 2014 (kinship care assistance). . 4 At the end of Schedule 6 (sums to be disregarded in the calculation of capital) insert— 64 Any payment made to a claimant under section 73(1)(b) of the Children and Young People (Scotland) Act 2014 (kinship care assistance). . Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 6 1 The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows. 2 After regulation 38(2)(da) (earnings of self-employed earners) insert— db any payment made to a claimant under section 73(1)(b) of the Children and Young People (Scotland) Act 2014 (kinship care assistance). . Amendment of the Employment and Support Allowance Regulations 2008 7 1 The Employment and Support Allowance Regulations 2008 are amended as follows. 2 In regulation 40(2)(d) (a claimant who works to be treated as not entitled to an employment and support allowance), for “28 or 29” substitute “28, 29 or 29A”. 3 In regulation 97(2)(b) (earnings of self-employed earners)— a for “28 or 29” substitute “28, 29 or 29A”; b for “and payments” substitute “, payments”; c after “claimant’s care)” insert “and any payments made to a claimant under section 73(1)(b) of the Children and Young People (Scotland) Act 2014 (kinship care assistance)”. 4 After paragraph 29 of Schedule 8 (sums to be disregarded in the calculation of income other than earnings) insert— 29A Any payment made to a claimant under section 73(1)(b) of the Children and Young People (Scotland) Act 2014 (kinship care assistance). . 5 At the end of Schedule 9 (sums to be disregarded in the calculation of capital) insert— 61 Any payment made to a claimant under section 73(1)(b) of the Children and Young People (Scotland) Act 2014 (kinship care assistance). . Amendment of the Jobseeker’s Allowance Regulations 2013 8 1 The Jobseeker’s Allowance Regulations 2013 are amended as follows. 2 In regulation 60(2) (earnings of self-employed earners), after paragraph (b) insert— ba any payment made to the claimant under section 73(1)(b) of the Children and Young People (Scotland) Act 2014 (kinship care assistance); . Amendment of the Employment and Support Allowance Regulations 2013 9 1 The Employment and Support Allowance Regulations 2013 are amended as follows. 2 In regulation 37(7) (a claimant who works to be treated as not entitled to an employment and support allowance), after paragraph (a) insert— aa any payment made to the claimant under section 73(1)(b) of the Children and Young People (Scotland) Act 2014 (kinship care assistance); . PART 3 AMENDMENTS RELATING TO THE TREATMENT OF CONTINUING CARE PAYMENTS IN SOCIAL SECURITY BENEFITS Amendment of the Income Support (General) Regulations 1987 10 1 The Income Support (General) Regulations 1987 are amended as follows. 2 In regulation 6 (persons not treated as engaged in remunerative work), in paragraph (1), after sub-paragraph (k) insert— ka he is engaged in caring for a person who is provided with continuing care by a local authority by virtue of arrangements made under section 26A of the Children (Scotland) Act 1995 (duty to provide continuing care) and is in receipt of a payment made under that section of that Act; . 3 In regulation 37 (earnings of self-employed earners)— a in paragraph (2), after sub-paragraph (b) insert— ba any payment made in accordance with section 26A of the Children (Scotland) Act 1995 (duty to provide continuing care)— i to a claimant; or ii where paragraph (3) applies, to another person (“A”) which A passes on to the claimant; ; b after paragraph (2) insert— 3 This paragraph applies only where A— a was formerly in the claimant’s care; b is aged 16 or over; and c continues to live with the claimant. . Amendment of the Jobseeker’s Allowance Regulations 1996 11 1 The Jobseeker’s Allowance Regulations 1996 are amended as follows. 2 In regulation 53 (persons treated as not engaged in remunerative work), after paragraph (f) insert— fa he is engaged in caring for a person who is provided with continuing care by a local authority by virtue of arrangements made under section 26A of the Children (Scotland) Act 1995 and is in receipt of a payment made under that section of that Act; . 3 In regulation 100 (earnings of self-employed earners)— a in paragraph (2), after sub-paragraph (b) insert— ba any payment made in accordance with section 26A of the Children (Scotland) Act 1995 (duty to provide continuing care)— i to a claimant; or ii where paragraph (3) applies, to another person (“A”) which A passes on to the claimant; ; b after paragraph (2) insert— 3 This paragraph applies only where A— a was formerly in the claimant’s care; b is aged 16 or over; and c continues to live with the claimant. . Amendment of the Housing Benefit Regulations 2006 12 1 The Housing Benefit Regulations 2006 are amended as follows. 2 In regulation 37 (earnings of self-employed earners)— a in paragraph (1), for “paragraph (2)” substitute “paragraphs (2) and (2A)”; b after paragraph (2) insert— 2A Earnings shall also not include any payment made in accordance with section 26A of the Children (Scotland) Act 1995 (duty to provide continuing care)— a to a claimant; or b where paragraph (2B) applies, to another person (“A”) which A passes on to the claimant. 2B This paragraph applies only where A— a was formerly in the claimant’s care; b is aged 16 or over; and c continues to live with the claimant. . Amendment of the Employment and Support Allowance Regulations 2008 13 1 The Employment and Support Allowance Regulations 2008 are amended as follows. 2 In regulation 40 (a claimant who works to be treated as not entitled to an employment and support allowance), in paragraph (2), after sub-paragraph (d) insert— da duties undertaken in caring for another person who is provided with continuing care by a local authority by virtue of arrangements made under section 26A of the Children (Scotland) Act 1995 and is in receipt of a payment made under that section of that Act; . 3 In regulation 97 (earnings of self-employed earners)— a in paragraph (2), after sub-paragraph (b) insert— ba any payment made in accordance with section 26A of the Children (Scotland) Act 1995 (duty to provide continuing care)— i to a claimant; or ii where paragraph (3) applies, to another person (“A”) which A passes on to the claimant; ; b after paragraph (2) insert— 3 This paragraph applies only where A— a was formerly in the claimant’s care; b is aged 16 or over; and c continues to live with the claimant. . Amendment of the Jobseeker’s Allowance Regulations 2013 14 1 The Jobseeker’s Allowance Regulations 2013 are amended as follows. 2 In regulation 60(2) (earnings of self-employed earners), in sub-paragraph (b), in paragraph (ii)— a after “26” insert “or 26A”; b after “local authority” in the second place where it occurs insert “and duty to provide continuing care”. Amendment of the Employment and Support Allowance Regulations 2013 15 1 The Employment and Support Allowance Regulations 2013 are amended as follows. 2 In regulation 37(7) (a claimant who works to be treated as not entitled to an employment and support allowance), in sub-paragraph (a), in paragraph (ii)— a after “26” insert “or 26A”; b after “local authority” in the second place where it occurs insert “and duty to provide continuing care”. PART 4 AMENDMENTS TO CHILD SUPPORT LEGISLATION RELATING TO KINSHIP CARE PAYMENTS AND CONTINUING CARE PAYMENTS Amendment of the Child Support (Maintenance Assessment Procedure) Regulations 1992 16 1 The Child Support (Maintenance Assessment Procedure) Regulations 1992 are amended as follows. 2 In regulation 51 (persons who are not persons with care), in paragraph (1), after sub-paragraph (b) insert— ba in Scotland, a family or relative with whom a child is placed by a local authority under the provisions of section 26 of the Children (Scotland) Act 1995 or who is providing continuing care by virtue of arrangements made under section 26A of that Act. . Amendment of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 17 1 The Child Support (Maintenance Assessments and Special Cases) Regulations 1992 are amended as follows. 2 In Schedule 2 (amounts to be disregarded when calculating or estimating M or N), after paragraph 29 insert— 29A Any payment made to a person under section 73(1)(b) of the Children and Young People (Scotland) Act 2014 (kinship care assistance). 29B Any payment made to a family or relative with whom a child is placed by a local authority under the provisions of section 26 of the Children (Scotland) Act 1995 or who is providing continuing care by virtue of arrangements made under section 26A of that Act. . Amendment of the Child Support (Maintenance Calculation Procedure) Regulations 2001 18 1 The Child Support (Maintenance Calculation Procedure) Regulations 2001 are amended as follows. 2 In regulation 21 (persons who are not persons with care), in paragraph (1), at the end of sub-paragraph (c) insert “or who is providing continuing care by virtue of arrangements made under section 26A of that Act”. Amendment of the Child Support Maintenance Calculation Regulations 2012 19 1 The Child Support Maintenance Calculation Regulations 2012 are amended as follows. 2 In regulation 78 (persons who are not persons with care), in paragraph (1)(c), after “1995” insert “or who is providing continuing care by virtue of arrangements made under section 26A of that Act”. PART 5 AMENDMENTS RELATING TO THE TENANT INCENTIVE SCHEME Amendment of the Housing Benefit Regulations 2006 20 1 The Housing Benefit Regulations 2006 are amended as follows. 2 In regulation 12 (rent) , after paragraph (2) insert— 2A Where a reduction in any of the payments listed in paragraph (1) for which a person would otherwise be liable is applied by a provider of social housing under an approved tenant incentive scheme, for the purposes of paragraph (1) the amount of the payment is to be treated as if no such reduction has been applied. 2B For the purposes of paragraph (2A)— “approved tenant incentive scheme” means a scheme which is— operated by a provider of social housing and designed to avoid rent arrears by allowing reductions in the payments listed at paragraph (1) or other advantages in return for meeting specified conditions; and approved by the Secretary of State; “provider of social housing” means— a local authority; a non-profit registered provider of social housing ; in relation to accommodation which is social housing, a profit-making registered provider of social housing; a registered social landlord; “registered social landlord” means— a body which is registered in the register maintained by the Welsh Ministers under Chapter 1 of Part 1 of the Housing Act 1996 ; a body which is registered in the register maintained by the Scottish Housing Regulator under the Housing (Scotland) Act 2010 ; “social housing” has the meaning given in section 68 of the Housing and Regeneration Act 2008 . . Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 21 1 The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows. 2 In regulation 12 (rent) , after paragraph (2) insert— 2A Where a reduction in any of the payments listed in paragraph (1) for which a person would otherwise be liable is applied by a provider of social housing under an approved tenant incentive scheme, for the purposes of paragraph (1) the amount of the payment is to be treated as if no such reduction has been applied. 2B For the purposes of paragraph (2A)— “approved tenant incentive scheme” means a scheme which is— operated by a provider of social housing and designed to avoid rent arrears by allowing reductions in the payments listed at paragraph (1) or other advantages in return for meeting specified conditions; and approved by the Secretary of State; “provider of social housing” means— a local authority; a non-profit registered provider of social housing; in relation to accommodation which is social housing, a profit-making registered provider of social housing; a registered social landlord; “registered social landlord” means— a body which is registered in the register maintained by the Welsh Ministers under Chapter 1 of Part 1 of the Housing Act 1996; a body which is registered in the register maintained by the Scottish Housing Regulator under the Housing (Scotland) Act 2010; “social housing” has the meaning given in section 68 of the Housing and Regeneration Act 2008. . Amendment of the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 22 1 The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations are amended as follows. 2 In paragraph 5 of Schedule 3 (transitional and savings provisions), in the substituted regulation 12 (rent) as set out in sub-paragraph (1) of that paragraph, after paragraph (6) insert— 6A Where a reduction in any of the payments listed in paragraph (1) for which a person would otherwise be liable is applied by a provider of social housing under an approved tenant incentive scheme, for the purposes of paragraph (1) the amount of the payment is to be treated as if no such reduction has been applied. 6B For the purposes of paragraph (6A)— “approved tenant incentive scheme” means a scheme which is— operated by a provider of social housing and designed to avoid rent arrears by allowing reductions in the payments listed at paragraph (1) or other advantages in return for meeting specified conditions; and approved by the Secretary of State; “provider of social housing” means— a local authority; a non-profit registered provider of social housing; in relation to accommodation which is social housing, a profit-making registered provider of social housing; a registered social landlord; “registered social landlord” means— a body which is registered in the register maintained by the Welsh Ministers under Chapter 1 of Part 1 of the Housing Act 1996; a body which is registered in the register maintained by the Scottish Housing Regulator under the Housing (Scotland) Act 2010; “social housing” has the meaning given in section 68 of the Housing and Regeneration Act 2008. . Signed by authority of the Secretary of State for Work and Pensions Caroline Dinenage Parliamentary Under-Secretary of State Department for Work and Pensions 16th October 2017