SOCIAL SECURITY Citation and commencement 1 These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No. 2) Regulations 1999 and shall come into force on 4th October 1999. Amendment of the Income Support (General) Regulations 1987 2 1 The Income Support (General) Regulations 1987 shall be amended in accordance with the following paragraphs of this regulation. 2 At the end of regulation 5 (persons treated as engaged in remunerative work), there shall be added the following paragraphs— 8 Subject to paragraph (9), a person who has not been treated as engaged in remunerative work in accordance with regulation 6(2) as a consequence of his commencing work shall be treated as engaged in remunerative work for the period specified in paragraph (10) where he ceased to be engaged in that work within the period of five weeks beginning on the date on which he commenced it. 9 Paragraph (8) shall not apply in the case of a person who is temporarily absent from the work referred to in regulation 6(2)(a). 10 A person to whom paragraph (8) applies shall be treated as engaged in remunerative work for the period commencing on the day after the day on which he was last engaged in the work referred to in regulation 6(2)(a) and ending on the day on which the length of that period corresponds with the length of the period in respect of which he had not been treated as engaged in remunerative work in accordance with regulation 6(2). . 3 Regulation 6 (persons not treated as engaged in remunerative work) shall be renumbered paragraph (1) of regulation 6 and after the renumbered paragraph (1) there shall be added the following paragraphs— 2 A lone parent shall not be treated as engaged in remunerative work for the period specified in paragraph (3) in so far as— a he is engaged in work which— i is remunerative work; and ii he is expected to be engaged in for a period of no less than five weeks; and b he had been, for a continuous period of 26 weeks ending on the day before the day on which he commenced the work referred to in sub-paragraph (a)— i entitled to and in receipt of income support or income-based jobseeker’s allowance; and ii a lone parent. 3 A person referred to in paragraph (2) shall not be treated as engaged in remunerative work for the period of 14 days commencing with the day on which he was first engaged in the work referred to in sub-paragraph (a) of that paragraph. . 4 In the definition of “part-time employment" in both regulation 29(4D)(a) (calculation of earnings derived from employed earner’s employment) and regulation 35(3)(c) (earnings of employed earners) , for “6" there shall be substituted “ 6(1) ” . 5 In regulation 36(2) (calculation of net earnings of employed earners), after “13" there shall be inserted “ , 15A or 15B ” . 6 In regulation 38(2) (calculation of net profit of self-employed earners), after “13" there shall be inserted “ or 15B ” . 7 In Schedule 1B (prescribed categories of person)— a in paragraph 8, for the words “regulation 6(a)" there shall be substituted the words “ regulation 6(1)(a) ” ; b in paragraph 9, for the words “regulation 6(g)" there shall be substituted the words “ regulation 6(1)(g) ” . 8 After sub-paragraph (6) in paragraph 12 of Schedule 2 (additional condition for the higher pensioner and disability premiums) there shall be added the following sub-paragraph— 7 A person— a to whom regulation 6(2) (persons not treated as engaged in remunerative work) applies; and b whose applicable amount immediately before he was engaged in the work referred to in regulation 6(2)(a), included a premium applicable under paragraph 11(a), shall, for the period specified in regulation 6(3), be treated as having continued to satisfy the additional condition specified in this paragraph for the payment of that premium. . 9 After paragraph 15A in Schedule 8 (sums to be disregarded in the calculation of earnings) there shall be inserted the following paragraph— 15B In the case of a person to whom regulation 6(2) (persons not treated as engaged in remunerative work) applies, any earnings which derive from the work referred to in sub-paragraph (a) of that paragraph but only to the extent that they relate to work performed during the period specified in regulation 6(3). . 10 At the end of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) there shall be added the following paragraph— 70 In the case of a person to whom regulation 6(2) (persons not treated as engaged in remunerative work) applies, any working families tax credit or disabled person’s tax credit to which section 128 or as the case may be 129 of the Contributions and Benefits Act refers which is paid to that person. . 11 At the end of Schedule 10 (sums to be disregarded in the calculation of capital) there shall be added the following paragraph— 57 In the case of a person to whom regulation 6(2) (persons not treated as engaged in remunerative work) applies, the amount of any— a back to work bonus payable to that lone parent by way of a jobseeker’s allowance or income support in accordance with section 26 of the Jobseekers Act 1995 or a corresponding payment under article 28 of the Jobseekers (Northern Ireland) Order 1995 ; or b child maintenance bonus payable to that lone parent by way of a jobseeker’s allowance or income support in accordance with section 10 of the Child Support Act 1995 or a corresponding payment under article 4 of the Child Support (Northern Ireland) Order 1995 , which is paid during the period specified in regulation 6(3). . Amendment of the Jobseeker’s Allowance Regulations 1996 3 At the end of regulation 52 of the Jobseeker’s Allowance Regulations 1996 (persons treated as engaged in remunerative work), there shall be added the following paragraphs— 4 Subject to paragraph (5), a person who has not been treated as engaged in remunerative work in accordance with regulation 6(2) of the Income Support Regulations (persons not treated as engaged in remunerative work) as a consequence of his commencing work shall be treated as engaged in remunerative work for the period specified in paragraph (6) where he ceased to be engaged in that work within the period of five weeks beginning on the date on which he commenced it. 5 Paragraph (4) shall not apply in the case of a person who is temporarily absent from the work referred to in regulation 6(2)(a) of the Income Support Regulations. 6 A person to whom paragraph (4) applies shall be treated as engaged in remunerative work for the period commencing on the day after the day on which he was last engaged in the work referred to in regulation 6(2)(a) of the Income Support Regulations and ending on the day on which the length of that period corresponds with the length of the period in respect of which he had not been treated as engaged in remunerative work in accordance with regulation 6(2) of those Regulations. . Amendment of the Council Tax Benefit (General) Regulations 1992 4 1 The Council Tax Benefit (General) Regulations 1992 shall be amended in accordance with the following paragraphs of this regulation. 2 In regulation 53A (extended payments)— a in paragraph (1)— i after the words “in a case" where they first occur, there shall be inserted the words “ other than a case to which paragraph (1A) applies ” ; ii in sub-paragraph (a)(i) for “58(a)" there shall be substituted “ 58(1)(a) ” ; iii in sub-paragraph (a)(ii) for “58(c)" there shall be substituted “ 58(1)(c) ” ; b after paragraph (1) there shall be inserted the following paragraphs— 1A Subject to paragraph (2), in the case of a person to whom regulation 6(2) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies, his council tax benefit shall be determined in accordance with Part II of Schedule 5A where— a he was entitled to council tax benefit and his benefit period has come to an end— i on either of the grounds specified in paragraph (1)(a); or ii in accordance with regulation 58(1)(c) on the ground that he vacated the dwelling of which he was a resident during the period specified in regulation 6(3) of those Regulations; and b the Secretary of State has certified to the appropriate authority— i that regulation 6(2) of those Regulations applies to him; ii the date on which he was first engaged in the work referred to in sub-paragraph (a) of regulation 6(2) of those Regulations; and iii the date on which his entitlement to income support ceased or is expected to cease. 1B Any award determined in accordance with paragraph (1A) shall be referred to in these Regulations as an “extended payment". ; c in paragraph (5)— i in sub-paragraph (a), for the words from “during" to the end of the sub-paragraph there shall be substituted the following— i in a case where the beneficiary is a person to whom regulation 6(2) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies, during the period beginning on the day immediately following the end of the relevant benefit period and ending on the last day of the benefit week which includes the day— aa which is 4 weeks after the day on which that person was first engaged in the work referred to in sub-paragraph (a) of that paragraph of that regulation; or bb on which that person’s liability for council tax ends, whichever shall first occur; ii in any other case, during the 4 weeks immediately following the end of the relevant benefit period; and ; ii in sub-paragraph (b), for the words “made within that 4 week period" there shall be substituted the words “ made by the beneficiary within the period which, under sub-paragraph (a), applies in his case ” . 3 In regulation 62 (time and manner in which claims are to be made)— a in paragraph (15)— i in sub-paragraph (a)— aa at the beginning, there shall be inserted the words “ subject to paragraph (15A), ” ; bb for “58(a)" there shall be substituted “ 58(1)(a) ” ; ii at the end of sub-paragraph (b) there shall be inserted the word “ or ” ; iii after sub-paragraph (b) there shall be inserted the following sub-paragraph— c the Secretary of State has certified the matters specified in regulation 53A(1A)(b) to the appropriate authority, ; b after paragraph (15), there shall be inserted the following paragraph— 15A Where the appropriate authority has invited a person to make a claim for a further grant of council tax benefit pursuant to paragraph (15)(c), it need not invite that person to make a claim for a further grant of that benefit pursuant to paragraph (15)(a). . 4 In regulation 66 (who is to make a determination)— a in paragraph (4), after the words “this regulation" there shall be inserted the words “ and subject to paragraph (5) ” ; b after paragraph (4) there shall be added the following paragraph— 5 For the purposes of paragraph (4), a person shall be treated as having claimed an extended payment where— a he is a person to whom regulation 6(2) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies; and b the Secretary of State has certified the matters specified in regulation 53A(1A)(b) to the appropriate authority during the period of 14 days commencing on the day on which that person was first engaged in the work referred to in sub-paragraph (a) of regulation 6(2) of those Regulations, and the appropriate day in relation to that person shall be the day on which that person was first engaged in the work referred to in that sub-paragraph of that regulation. . 5 In regulation 95 (information to be supplied by an authority to another authority)— a in paragraph (3)— i in sub-paragraph (a)— aa after the words “authority A, details" there shall be inserted the words “ relevant to that claim ” ; bb at the end of head (iii), the word “and" shall be omitted; ii after sub-paragraph (a) there shall be inserted the following sub-paragraph— aa in the case of a person to whom regulation 6(2) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies, the matters certified by the Secretary of State pursuant to regulation 53A(1A)(b); and ; b at the end there shall be added the following paragraph— 5 For the purposes of this regulation, a person shall be treated as having claimed an extended payment from an authority where— a he is a person to whom regulation 6(2) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies; and b the Secretary of State has certified the matters specified in regulation 53A(1A)(b) to the appropriate authority. . 6 In Schedule 5A (extended payments of council tax benefit)— a in sub-paragraph (c) of paragraph 2— i at the end of head (iii) there shall be inserted the word “ or ” ; ii after head (iii) there shall be added the following heads— iv the claimant’s applicable amount included an amount applicable under paragraph 11 of Schedule 2 to the Income Support (General) Regulations 1987 or, as the case may be, under paragraph 13 of Schedule 1 to the Jobseeker’s Allowance Regulations 1996 (disability premium); or v the claimant was, or was treated as, incapable of work in accordance with Part XIIA of the Contributions and Benefits Act 1992 and the regulations made thereunder (incapacity for work); ; b in sub-paragraph (b) of paragraph 6, for the words “4 weeks liability to council tax" there shall be substituted the words “ liability to council tax for the period specified in regulation 53A(5)(a) ” ; c in paragraph 7, for the words “4 weeks immediately following the end of the relevant benefit period" there shall be substituted the words “ the period specified in regulation 53A(5)(a) ” ; d paragraph 8 shall be renumbered paragraph 8(1) and in that renumbered sub-paragraph— i in the definition of “claimant", after the word “means" there shall be inserted the words “ , subject to sub-paragraph (2), ” ; ii at the end of the definition of “the relevant benefit period" there shall be inserted the words “ or, as the case may be, (1A)(a) ” ; e after the renumbered paragraph 8(1) there shall be added the following sub-paragraph— 2 For the purposes of this Schedule (other than Part I), a person shall be treated as having claimed an extended payment where— a he is a person to whom regulation 6(2) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies; and b the Secretary of State has certified the matters specified in regulation 53A(1A)(b) to the appropriate authority, and the words “claim" and “claimant" shall be construed accordingly. . Amendment of the Housing Benefit (General) Regulations 1987 5 1 The Housing Benefit (General) Regulations 1987 shall be amended in accordance with the following paragraphs of this regulation. 2 In regulation 62A (extended payments)— a in paragraph (1)— i after the words “in a case" where they first occur, there shall be inserted the words “ other than a case to which paragraph (1A) applies ” ; ii in sub-paragraph (a)(i) for “67(a)" there shall be substituted “ 67(1)(a) ” ; iii in sub-paragraph (a)(ii) for “67(c)" there shall be substituted “ 67(1)(c) ” ; b after paragraph (1) there shall be inserted the following paragraphs— 1A Subject to paragraph (2), in the case of a person to whom regulation 6(2) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies, his housing benefit shall be determined in accordance with Part II of Schedule 5A where— a he was entitled to housing benefit and his benefit period has come to an end— i on either of the grounds specified in paragraph (1)(a); or ii in accordance with regulation 67(1)(c) on the ground that he vacated the dwelling of which he was a resident during the period specified in regulation 6(3) of those Regulations; and b the Secretary of State has certified to the appropriate authority— i that regulation 6(2) of those Regulations applies to him; ii the date on which he was first engaged in the work referred to in sub-paragraph (a) of regulation 6(2) of those Regulations; and iii the date on which his entitlement to income support ceased or is expected to cease. 1B Any award determined in accordance with paragraph (1A) shall be referred to in these Regulations as an “extended payment". ; c in paragraph (5)— i in sub-paragraph (a), for the words from “during" to the end of the sub-paragraph there shall be substituted the following— i in a case where the beneficiary is a person to whom regulation 6(2) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies, during the period beginning on the day immediately following the end of the relevant benefit period and ending on the last day of the benefit week which includes the day— aa which is 4 weeks after the day on which that person was first engaged in the work referred to in sub-paragraph (a) of that paragraph of that regulation; or bb on which that person’s liability for rent ends, whichever shall first occur; ii in any other case, during the 4 weeks immediately following the end of the relevant benefit period; and ; ii in sub-paragraph (b), for the words “made within that 4 week period" there shall be substituted the words “ made by the beneficiary within the period which, under sub-paragraph (a) applies in his case ” . 3 In regulation 72 (time and manner in which claims are to be made)— a in paragraph (14)— i in sub-paragraph (a)— aa at the beginning, there shall be inserted the words “ subject to paragraph (14A), ” ; bb for “67(a)" there shall be substituted “ 67(1)(a) ” ; ii at the end of sub-paragraph (b) there shall be inserted the word “ or ” ; iii after sub-paragraph (b) there shall be inserted the following sub-paragraph— c the Secretary of State has certified the matters specified in regulation 62A(1A)(b) to be the appropriate authority, ; b after paragraph (14), there shall be inserted the following paragraph— 14A Where the appropriate authority has invited a person to make a claim for a further grant of housing benefit pursuant to paragraph (14)(c), it need not invite that person to make a claim for a further grant of that benefit pursuant to paragraph (14)(a). . 4 In regulation 76 (who is to make a determination)— a in paragraph (4) after the words “this regulation", there shall be inserted the words “ and subject to paragraph (5) ” ; b after paragraph (4) there shall be added the following paragraph— 5 For the purposes of paragraph (4), a person shall be treated as having claimed an extended payment where— a he is a person to whom regulation 6(2) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies; and b the Secretary of State has certified the matters specified in regulation 62A(1A)(b) to the appropriate authority during the period of 14 days commencing on the day on which that person was first engaged in the work referred to in sub-paragraph (a) of regulation 6(2) of those Regulations, and the appropriate day in relation to that person shall be the day on which that person was first engaged in the work referred to in that sub-paragraph of that regulation. . 5 In Schedule 5A (extended payments of housing benefit)— a in sub-paragraph (c) of paragraph 2— i at the end of head (iii) there shall be inserted the word “ or ” ; ii after head (iii) there shall be added the following heads— iv the claimant’s applicable amount included an amount applicable under paragraph 11 of Schedule 2 to the Income Support (General) Regulations 1987 or, as the case may be, under paragraph 13 of Schedule 1 to the Jobseeker’s Allowance Regulations 1996 (disability premium); or v the claimant was, or was treated as, incapable of work in accordance with Part XIIA of the Contributions and Benefits Act and the regulations made thereunder (incapacity for work); ; b in paragraph 4— i in sub-paragraph (3), for the words “paragraph (1)" there shall be substituted the words “ sub-paragraph (1) ” ; ii in sub-paragraph (4), for the words “4 weeks following the last day" there shall be substituted the words “ weeks in the period specified in regulation 62A(5)(a) ” ; c in sub-paragraph (b) of paragraph 8, for the words “4 weeks rent" there shall be substituted the words “ the rent in respect of the period specified in regulation 62A(5)(a) ” ; d paragraph 12 shall be renumbered paragraph 12(1) and in that renumbered sub-paragraph— i in the definition of “claimant", after the word “means" there shall be inserted the words “ , subject to sub-paragraph (2), ” ; ii at the end of the definition of “the relevant benefit period" there shall be inserted the words “ or, as the case may be, (1A)(a) ” ; e after the renumbered paragraph 12(1) there shall be added the following sub-paragraph— 2 For the purposes of this Schedule (other than Part I), a person shall be treated as having claimed an extended payment where— a he is a person to whom regulation 6(2) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies; and b the Secretary of State has certified the matters specified in regulation 62A(1A)(b) to the appropriate authority, and the words “claim" and “claimant" shall be construed accordingly. . Amendment of the Housing Benefit (Supply of Information) Regulations 1988 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Social Security (Claims and Payments) Regulations 1987 7 At the end of regulation 3 of the Social Security (Claims and Payments) Regulations 1987 (claims not required for entitlement to benefit in certain cases) there shall be added the following paragraph— h in the case of income support where the beneficiary— i is a person to whom regulation 6(2) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies; ii was in receipt of an income-based jobseeker’s allowance on the day before the day on which he was first engaged in the work referred to in sub-paragraph (a) of that paragraph; and iii would satisfy the conditions of entitlement to income support (apart from the condition of making a claim which would apply in the absence of this paragraph) only by virtue of regulation 6(3) of those Regulations. . Signed by authority of the Secretary of State for Social Security. Hugh Bayley Parliamentary Under-Secretary of State, Department of Social Security