{
  "url": "https://openlegislation.uk/housing-benefit-regulations-2006/regulation-28",
  "json_url": "https://openlegislation.uk/housing-benefit-regulations-2006/regulation-28.json",
  "legislation": "uksi/2006/213",
  "legislation_title": "The Housing Benefit Regulations 2006",
  "legislation_url": "https://openlegislation.uk/housing-benefit-regulations-2006",
  "path": "regulation/28",
  "kind": "regulation",
  "number": "28",
  "heading": "Treatment of child care charges",
  "text": "(1) This regulation applies where a claimant is incurring relevant child care charges and—\n(a) is a lone parent and is engaged in remunerative work;\n(b) is a member of a couple both of whom are engaged in remunerative work; or\n(c) is a member of a couple where one member is engaged in remunerative work and the other—\n(i) is incapacitated;\n(ii) is an in-patient in hospital; or\n(iii) is in prison (whether serving a custodial sentence or remanded in custody awaiting trial or sentence).\n(2) For the purposes of paragraph (1) and subject to paragraph (4), a person to whom paragraph (3) applies shall be treated as engaged in remunerative work for a period not exceeding 28 weeks during which he—\n(a) is paid statutory sick pay;\n(b) is paid short-term incapacity benefit at the lower rate under sections 30A to 30E of the Act;\n(ba) is paid an employment and support allowance;\n(c) is paid income support on the grounds of incapacity for work under regulation 4ZA of, and paragraph 7 or 14 of Schedule 1B to, the Income Support Regulations; or\n(d) is credited with earnings on the grounds of incapacity for work or limited capability for work under regulation 8B of the Social Security (Credits) Regulations 1975.\n(3) This paragraph applies to a person who was engaged in remunerative work immediately before—\n(a) the first day of the period in respect of which he was first paid statutory sick pay, short-term incapacity benefit, an employment and support allowance or income support on the grounds of incapacity for work; or\n(b) the first day of the period in respect of which earnings are credited,\nas the case may be.\n(4) In a case to which paragraph (2)(c) or (d) applies, the period of 28 weeks begins on the day on which the person is first paid income support or on the first day of the period in respect of which earnings are credited, as the case may be.\n(5) Relevant child care charges are those charges for care to which paragraphs (6) and (7) apply, and shall be calculated on a weekly basis in accordance with paragraph (10).\n(6) The charges are paid by the claimant for care which is provided—\n(a) in the case of any child of the claimant's family who is not disabled, in respect of the period beginning on that child's date of birth and ending on the day preceding the first Monday in September following that child's fifteenth birthday; or\n(b) in the case of any child of the claimant's family who is disabled, in respect of the period beginning on that person's date of birth and ending on the day preceding the first Monday in September following that person's sixteenth birthday.\n(7) The charges are paid for care which is provided by one or more of the care providers listed in paragraph (8) and are not paid—\n(a) in respect of the child's compulsory education;\n(b) by a claimant to a partner or by a partner to a claimant in respect of any child for whom either or any of them is responsible in accordance with regulation 20 (circumstances in which a person is treated as responsible or not responsible for another); or\n(c) in respect of care provided by a relative of a child wholly or mainly in the child's home.\n(8) The care to which paragraph (7) refers may be provided—\n(a) out of school hours, by a school on school premises or by a local authority—\n(i) for children who are not disabled in respect of the period beginning on their eighth birthday and ending on the day preceding the first Monday in September following their fifteenth birthday; or\n(ii) for children who are disabled in respect of the period beginning on their eighth birthday and ending on the day preceding the first Monday in September following their sixteenth birthday;\n(b) by a child care provider approved in accordance with the Tax Credit (New Category of Child Care Provider) Regulations 1999;\n(c) by persons registered under Part 10A of the Children Act 1989 Part 2 of the Children and Families (Wales) Measure 2010; or\n(d) by a person who is excepted from registration under Part 2 of the Children and Families (Wales) Measure 2010 because the child care that person provides is in a school or establishment referred to in article 11, 12 or 14 of the Child Minding and Day Care Exceptions (Wales) Order 2010;\n(e) by—\n(i) persons registered under section 59(1) of the Public Services Reform (Scotland) Act 2010; or\n(ii) local authorities registered under section 83(1),\nwhere the care provided is child minding or day care of children within the meaning of that Act; or\n(f) by a person prescribed in regulations made pursuant to section 12(4) of the Tax Credits Act; or\n(g) by a person who is registered under Chapter 2 or 3 of Part 3 of the Childcare Act 2006; or\n(h) by any of the schools mentioned in section 34(2) of the Childcare Act 2006 in circumstances where the requirement to register under Chapter 2 of Part 3 of that Act does not apply by virtue of section 34(2) of that Act; or\n(i) by any of the schools mentioned in section 53(2) of the Childcare Act 2006 in circumstances where the requirement to register under Chapter 3 of Part 3 of that Act does not apply by virtue of section 53(2) of that Act; or\n(j) by any of the establishments mentioned in section 18(5) of the Childcare Act 2006 in circumstances where the care is not included in the meaning of “childcare” for the purposes of Part 1 and Part 3 of that Act by virtue of that subsection; or\n(k) by a foster parent or kinship carer under the Fostering Services Regulations 2002, the Fostering Services (Wales) Regulations 2003 or the Looked After Children (Scotland) Regulations 2009 in relation to a child other than one whom the foster parent is fostering or kinship carer is looking after; or\n(l) by a domiciliary care worker under the Domiciliary Care Agencies Regulations 2002 or by a person who is employed, or engaged under a contract for services, to provide care and support by the provider of a domiciliary support service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016; or\n(m) by a person who is not a relative of the child wholly or mainly in the child’s home.\n(9) In paragraphs (6) and (8)(a), “the first Monday in September” means the Monday which first occurs in the month of September in any year.\n(10) Relevant child care charges shall be estimated over such period, not exceeding a year, as is appropriate in order that the average weekly charge may be estimated accurately having regard to information as to the amount of that charge provided by the child minder or person providing the care.\n(11) For the purposes of paragraph (1)(c) the other member of a couple is incapacitated where—\n(a) the claimant’s applicable amount includes a disability premium on account of the other member’s incapacity or the support component or the other member is a member of the work-related activity group ... on account of the other member having limited capability for work;—\n(i) a disability premium; or\n(ii) a higher pensioner premium by virtue of the satisfaction of paragraph 11(2)(b) of Schedule 3,\non account of the other member's incapacity;\n(b) the claimant's applicable amount would include a disability premium ... on account of the other member's incapacity but for that other member being treated as capable of work by virtue of a determination made in accordance with regulations made under section 171E of the Act;\n(ba) the claimant's applicable amount would include the support component or the other member would be a member of the work-related activity group ... on account of the other member having limited capability for work but for that other member being treated as not having limited capability for work by virtue of a determination made in accordance with the Employment and Support Allowance Regulations or the Employment and Support Allowance Regulations 2013;\n(c) the claimant (within the meaning of regulation 2) is, or is treated as, incapable of work and has been so incapable, or has been so treated as incapable, of work in accordance with the provisions of, and regulations made under, Part 12A of the Act (incapacity for work) for a continuous period of not less than 196 days; and for this purpose any two or more separate periods separated by a break of not more than 56 days shall be treated as one continuous period;\n(ca) the claimant (within the meaning of regulation 2(1)) has, or is treated as having, limited capability for work and has had, or been treated as having, limited capability for work in accordance with the Employment and Support Allowance Regulations or the Employment and Support Allowance Regulations 2013 for a continuous period of not less than 196 days and for this purpose any two or more separate periods separated by a break of not more than 84 days must be treated as one continuous period;\n(d) there is payable in respect of him one or more of the following pensions or allowances—\n(i) long-term incapacity benefit or short-term incapacity benefit at the higher rate under Schedule 4 to the Act;\n(ii) attendance allowance under section 64 of the Act;\n(iia) pension age disability payment;\n(iii) severe disablement allowance under section 68 of the Act;\n(iv) disability living allowance under section 71 of the Act;\n(iva) child disability payment;\n(ivb) Scottish adult disability living allowance;\n(v) increase of disablement pension under section 104 of the Act;\n(vi) a pension increase paid as part of a war disablement pension or under an industrial injuries scheme which is analogous to an allowance or increase of disablement pension under head (ii), (iv) or (v) above;\n(vii) main phase employment and support allowance;\n(viii) personal independence payment;\n(viiia) adult disability payment;\n(ix) armed forces independence payment;\n(e) a pension, allowance or payment to which head (ii), (iv), (v), (vi) or (viii) of sub-paragraph (d) above refers was payable on account of his incapacity but has ceased to be payable in consequence of his becoming a patient , which in this regulation shall mean a person (other than a person who is serving a sentence of imprisonment or detention in a youth custody institution) who is regarded as receiving free in-patient treatment within the meaning of regulation 2(4) and (5) of the Social Security (Hospital In-Patients) Regulations 2005;\n(ea) a pension age disability payment was payable on account of his incapacity but has ceased to be payable in accordance with regulation 20 (effect of admission to hospital on ongoing entitlement to pension age disability payment) of the Disability Assistance for Older People (Scotland) Regulations 2024;\n(eb) Scottish adult disability living allowance was payable on account of his incapacity but has ceased to be payable in accordance with regulation 23 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;\n(ec) an adult disability payment was payable on account of the other member’s incapacity but has ceased to be payable in accordance with regulation 28 of the Disability Assistance for Working Age People (Scotland) Regulations 2022 (effect of admission to hospital on ongoing entitlement to adult disability payment);\n(f) sub-paragraph (d) or (e) would apply to him if the legislative provisions referred to in those sub-paragraphs were provisions under any corresponding enactment having effect in Northern Ireland; or\n(g) he has an invalid carriage or other vehicle provided to him by the Secretary of State under section 5(2)(a) of and Schedule 2 to the National Health Service Act 1977 or by Scottish Ministers under section 46 of the National Health Service (Scotland) Act 1978 or provided by the Department of Health, Social Services and Public Safety in Northern Ireland under Article 30(1) of the Health and Personal Social Services (Northern Ireland) Order 1972.\n(12) For the purposes of paragraph (11), once paragraph (11)(c) applies to the claimant, if he then ceases, for a period of 56 days or less, to be incapable, or to be treated as incapable, of work, that paragraph shall, on his again becoming so incapable, or so treated as incapable, of work at the end of that period, immediately thereafter apply to him for so long as he remains incapable, or is treated as remaining incapable, of work.\n(12A) For the purposes of paragraph (11), once paragraph (11)(ca) applies to the claimant, if he then ceases, for a period of 84 days or less, to have, or to be treated as having, limited capability for work, that paragraph is, on his again having, or being treated as having, limited capability for work at the end of that period, immediately thereafter to apply to him for so long as he has, or is treated as having, limited capability for work.\n(13) For the purposes of paragraphs (6) and (8)(a), a person is disabled if he is a person—\n(a) in respect of whom disability living allowance is payable, or has ceased to be payable solely because he is a patient;\n(aa) in respect of whom child disability payment is payable;\n(b) who is certified as severely sight impaired or blind by a consultant ophthalmologist;\n(c) who ceased to be certified as severely sight impaired or blind within the period beginning 28 weeks before the first Monday in September following that person's fifteenth birthday and ending on the day preceding the first Monday in September following that person's sixteenth birthday; ...\n(d) in respect of whom personal independence payment is payable, has ceased to be payable solely by virtue of regulations made under section 86(1) (hospital in-patients) of the 2012 Act; or\n(da) in respect of whom adult disability payment is payable, or has ceased to be payable solely by virtue of regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability Assistance for Working Age People (Scotland) Regulations 2022\n(e) in respect of whom armed forces independence payment is payable.\n(14) For the purposes of—\n(a) paragraph (1) a person on maternity leave, paternity leave , shared parental leave , parental bereavement leave , neonatal care leave or adoption leave shall be treated as if she is engaged in remunerative work for the period specified in sub-paragraph (b) (“the relevant period”) provided that—\n(i) in the week before the period of maternity leave, paternity leave , shared parental leave , parental bereavement leave , neonatal care leave or adoption leave began she was in remunerative work;\n(ii) the claimant is incurring relevant child care charges within the meaning of paragraph (5); and\n(iii) she is entitled to statutory maternity pay under section 164 of the Act, ... statutory paternity pay by virtue of section 171ZA or 171ZB of the Act , additional statutory paternity pay by virtue of section 171ZEA or 171ZEB of the Act, statutory adoption pay by virtue of section 171ZL of the Act, maternity allowance under section 35 of the Act , statutory shared parental pay by virtue of section 171ZU or 171ZV of the Act , statutory neonatal care pay by virtue of section 171ZZ16 of the Act , statutory parental bereavement pay by virtue of section 171ZZ6 of the Act or qualifying support;\n(b) sub-paragraph (a) the relevant period shall begin on the day on which the person's maternity leave, paternity leave , parental bereavement leave , neonatal care leave or adoption leave commences and shall end on—\n(i) the date that leave ends;\n(ii) if no child care element of working tax credit is in payment on the date that entitlement to maternity allowance, qualifying support, statutory maternity pay, statutory paternity pay, statutory adoption pay , statutory shared parental pay , statutory neonatal care pay or statutory parental bereavement pay ends, the date that entitlement ends; or\n(iii) if a child care element of working tax credit is in payment on the date that entitlement to maternity allowance, qualifying support, statutory maternity pay, statutory paternity pay, statutory adoption pay , statutory shared parental pay , statutory neonatal care pay or statutory parental bereavement pay ends, the date that entitlement to that award of the child care element of working tax credit ends,\nwhichever shall occur first.\n(15) In paragraph (14)—\n(a) “qualifying support” means income support to which that person is entitled by virtue of paragraph 14B of Schedule 1B to the Income Support Regulations; and\n(b) “child care element” of working tax credit means the element of working tax credit prescribed under section 12 of the Tax Credits Act (child care element).",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Reg. 28(2)(ba) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) Regulations 2008 (S.I. 2008/1082), regs. 1, 14(a)(i)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in reg. 28(2)(d) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) Regulations 2008 (S.I. 2008/1082), regs. 1, 14(a)(ii)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in reg. 28(3)(a) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) Regulations 2008 (S.I. 2008/1082), regs. 1, 14(b)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in reg. 28(8)(c) substituted by SI 2010/2582 Sch. 4 para. 10(2)(a) (as inserted) (W.) (1.4.2011) by The Children and Families (Wales) Measure 2010 (Commencement No.2, Savings and Transitional Provisions) (Amendment) and (Consequential Amendments) Order 2011 (S.I. 2011/577), art. 2(3), Sch."
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Reg. 28(8)(d) substituted (1.4.2011) by The Children and Families (Wales) Measure 2010 (Commencement No.2, Savings and Transitional Provisions) (Amendment) and (Consequential Amendments) Order 2011 (S.I. 2011/577), art. 2(3), Sch."
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Reg. 28(8)(e) substituted (28.10.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications of Enactments) Order 2011 (S.I. 2011/2581), art. 1(2)(b), Sch. 2 para. 51(b)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Reg. 28(8)(g)-(m) and word inserted (5.8.2009) by The Housing Benefit and Council Tax Benefit (Child Benefit Disregard and Child Care Charges) Regulations 2009 (S.I. 2009/1848), regs. 1(2)(a), 2(1)(a)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Words in reg. 28(8)(k) inserted (1.11.2010) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2010 (S.I. 2010/2429), regs. 1(2), 7(2)(a)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Words in reg. 28(8)(k) substituted (1.11.2010) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2010 (S.I. 2010/2429), regs. 1(2), 7(2)(b)"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "Words in reg. 28(8)(k) inserted (1.11.2010) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2010 (S.I. 2010/2429), regs. 1(2), 7(2)(c)"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "Words in reg. 28(8)(l) substituted (2.4.2018) by The Social Security and Child Support (Regulation and Inspection of Social Care (Wales) Act 2016) (Consequential Provision) Regulations 2018 (S.I. 2018/228), regs. 1, 9(3)"
    },
    {
      "type": "F",
      "label": "F12",
      "text": "Words in reg. 28(11)(a) substituted (19.5.2008) by The Social Security (Miscellaneous Amendments) (No.2) Regulations 2008 (S.I. 2008/1042), regs. 1(2), 3(4)(a)"
    },
    {
      "type": "F",
      "label": "F13",
      "text": "Words in reg. 28(11)(a) added (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) Regulations 2008 (S.I. 2008/1082), regs. 1, 14(c)(i)"
    },
    {
      "type": "F",
      "label": "F14",
      "text": "Words in reg. 28(11)(a) inserted (3.4.2017) by The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), reg. 1, Sch. 1 para. 6(5)(a)(ii) (with Sch. 2 paras. 1-7)"
    },
    {
      "type": "F",
      "label": "F15",
      "text": "Words in reg. 28(11)(a) omitted (3.4.2017) by virtue of The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), reg. 1, Sch. 1 para. 6(5)(a)(i) (with Sch. 2 paras. 1-7)"
    },
    {
      "type": "F",
      "label": "F16",
      "text": "Words in reg. 28(11)(b) omitted (19.5.2008) by virtue of The Social Security (Miscellaneous Amendments) (No.2) Regulations 2008 (S.I. 2008/1042), regs. 1(2), 3(4)(b)"
    },
    {
      "type": "F",
      "label": "F17",
      "text": "Reg. 28(11)(ba) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) Regulations 2008 (S.I. 2008/1082), regs. 1, 14(c)(ii)"
    },
    {
      "type": "F",
      "label": "F18",
      "text": "Words in reg. 28(11)(ba) inserted (3.4.2017) by The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), reg. 1, Sch. 1 para. 6(5)(b)(ii) (with Sch. 2 paras. 1-7)"
    },
    {
      "type": "F",
      "label": "F19",
      "text": "Words in reg. 28(11)(ba) omitted (3.4.2017) by virtue of The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), reg. 1, Sch. 1 para. 6(5)(b)(i) (with Sch. 2 paras. 1-7)"
    },
    {
      "type": "F",
      "label": "F20",
      "text": "Words in reg. 28(11)(ba) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 35(4)"
    },
    {
      "type": "F",
      "label": "F21",
      "text": "Reg. 28(11)(ca) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) Regulations 2008 (S.I. 2008/1082), regs. 1, 14(c)(iii)"
    },
    {
      "type": "F",
      "label": "F22",
      "text": "Words in reg. 28(11)(ca) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 35(4)"
    },
    {
      "type": "F",
      "label": "F23",
      "text": "Reg. 28(11)(d)(iia) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 11(3)(a)"
    },
    {
      "type": "F",
      "label": "F24",
      "text": "Reg. 28(11)(d)(iva) inserted (26.7.2021) by The Social Security (Scotland) Act 2018 (Disability Assistance for Children and Young People) (Consequential Modifications) Order 2021 (S.I. 2021/786), art. 1(2), Sch. 5 para. 3(a)"
    },
    {
      "type": "F",
      "label": "F25",
      "text": "Reg. 28(11)(d)(ivb) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 11(3)(a)"
    },
    {
      "type": "F",
      "label": "F26",
      "text": "Words in reg. 28(11)(d)(vi) substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 5(3)"
    },
    {
      "type": "F",
      "label": "F27",
      "text": "Reg. 28(11)(d)(vii) added (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) Regulations 2008 (S.I. 2008/1082), regs. 1, 14(c)(iv)"
    },
    {
      "type": "F",
      "label": "F28",
      "text": "Reg. 28(11)(d)(viii) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 36(3)(a)"
    },
    {
      "type": "F",
      "label": "F29",
      "text": "Reg. 28(11)(d)(viiia) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 9(3)(a)"
    },
    {
      "type": "F",
      "label": "F30",
      "text": "Reg. 28(11)(d)(ix) inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 34(3)(a)"
    },
    {
      "type": "F",
      "label": "F31",
      "text": "Words in reg. 28(11)(e) substituted (1.4.2014 for specified purposes, 7.4.2014 in so far as not already in force) by The Housing Benefit (Miscellaneous Amendments) Regulations 2014 (S.I. 2014/213), regs. 1(3), 3(3)(a)"
    },
    {
      "type": "F",
      "label": "F32",
      "text": "Words in reg. 28(11)(e) substituted by S.I. 2005/2502, reg. 2(5) (as amended) (3.4.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 27(6) (with regs. 2, 3, Sch. 3, Sch. 4)"
    },
    {
      "type": "F",
      "label": "F33",
      "text": "Words in reg. 28(11)(e) substituted by S.I. 2005/3360, reg. 5(2) (as substituted) (10.4.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 30(1) (with regs. 2, 3, Sch. 3, Sch. 4)"
    },
    {
      "type": "F",
      "label": "F34",
      "text": "Reg. 28(11)(ea) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 11(3)(b)"
    },
    {
      "type": "F",
      "label": "F35",
      "text": "Reg. 28(11)(eb) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 11(3)(b)"
    },
    {
      "type": "F",
      "label": "F36",
      "text": "Reg. 28(11)(ec) inserted (16.7.2026) by The Social Security (Scotland) Act 2018 (Disability and Carer Benefits) (Consequential Amendments) Order 2026 (S.I. 2026/679), arts. 1(1), 6(2)"
    },
    {
      "type": "F",
      "label": "F37",
      "text": "Words in reg. 28(11)(g) substituted (19.5.2008) by The Social Security (Miscellaneous Amendments) (No.2) Regulations 2008 (S.I. 2008/1042), regs. 1(2), 3(4)(c)"
    },
    {
      "type": "F",
      "label": "F38",
      "text": "Reg. 28(12A) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) Regulations 2008 (S.I. 2008/1082), regs. 1, 14(d)"
    },
    {
      "type": "F",
      "label": "F39",
      "text": "Reg. 28(13)(aa) inserted (26.7.2021) by The Social Security (Scotland) Act 2018 (Disability Assistance for Children and Young People) (Consequential Modifications) Order 2021 (S.I. 2021/786), art. 1(2), Sch. 5 para. 3(b)"
    },
    {
      "type": "F",
      "label": "F40",
      "text": "Reg. 28(13)(b) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments (No.2) Regulations 2014 (S.I. 2014/2888), regs. 1(1), 3(5)(a)(i)"
    },
    {
      "type": "F",
      "label": "F41",
      "text": "Words in reg. 28(13)(c) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments (No.2) Regulations 2014 (S.I. 2014/2888), regs. 1(1), 3(5)(a)(ii)"
    },
    {
      "type": "F",
      "label": "F42",
      "text": "Reg. 28(13)(d) and word inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 36(3)(c)"
    },
    {
      "type": "F",
      "label": "F43",
      "text": "Word in reg. 28(13) omitted (8.4.2013) by virtue of The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 34(3)(b)"
    },
    {
      "type": "F",
      "label": "F44",
      "text": "Words in reg. 28(13)(d) substituted (1.4.2014 for specified purposes, 7.4.2014 in so far as not already in force) by The Housing Benefit (Miscellaneous Amendments) Regulations 2014 (S.I. 2014/213), regs. 1(3), 3(3)(b)"
    },
    {
      "type": "F",
      "label": "F45",
      "text": "Reg. 28(13)(e) and word inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 34(3)(c)"
    },
    {
      "type": "F",
      "label": "F46",
      "text": "Reg. 28(13)(da) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 9(3)(b)"
    },
    {
      "type": "F",
      "label": "F47",
      "text": "Words in reg. 28(14)(a) inserted (31.12.2014) by The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255), arts. 1(2), 17(4)(a)"
    },
    {
      "type": "F",
      "label": "F48",
      "text": "Words in reg. 28(14)(a) inserted (6.4.2020) by The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2020 (S.I. 2020/354), regs. 1, 14(4)(a)"
    },
    {
      "type": "F",
      "label": "F49",
      "text": "Words in reg. 28(14)(a) inserted (6.4.2025) by The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025 (S.I. 2025/201), regs. 1(2), 12(4)(a)"
    },
    {
      "type": "F",
      "label": "F50",
      "text": "Words in reg. 28(14)(a)(i) inserted (31.12.2014) by The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255), arts. 1(2), 17(4)(b)"
    },
    {
      "type": "F",
      "label": "F51",
      "text": "Words in reg. 28(14)(a)(i) inserted (6.4.2020) by The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2020 (S.I. 2020/354), regs. 1, 14(4)(b)"
    },
    {
      "type": "F",
      "label": "F52",
      "text": "Words in reg. 28(14)(a)(i) inserted (6.4.2025) by The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025 (S.I. 2025/201), regs. 1(2), 12(4)(b)"
    },
    {
      "type": "F",
      "label": "F53",
      "text": "Word in reg. 28(14)(a)(iii) omitted (5.4.2015) by virtue of The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255), arts. 1(3), 17(4)(c)(i) (with art. 35(1))"
    },
    {
      "type": "F",
      "label": "F54",
      "text": "Words in reg. 28(14)(a)(iii) substituted (E.W.S.) (1.4.2012 for specified purposes, 2.4.2012 in so far as not already in force) by The Social Security (Miscellaneous Amendments) Regulations 2012 (S.I. 2012/757), regs. 1(2), 7(3)(a)"
    },
    {
      "type": "F",
      "label": "F55",
      "text": "Words in reg. 28(14)(a)(iii) omitted (5.4.2015) by virtue of The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255), arts. 1(3), 17(4)(c)(ii) (with art. 35(1))"
    },
    {
      "type": "F",
      "label": "F56",
      "text": "Words in reg. 28(14)(a)(iii) inserted (31.12.2014) by The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255), arts. 1(2), 17(4)(c)(iii)"
    },
    {
      "type": "F",
      "label": "F57",
      "text": "Words in reg. 28(14)(a)(iii) inserted (6.4.2025) by The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025 (S.I. 2025/201), regs. 1(2), 12(4)(c)"
    },
    {
      "type": "F",
      "label": "F58",
      "text": "Words in reg. 28(14)(a)(iii) inserted (6.4.2020) by The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2020 (S.I. 2020/354), regs. 1, 14(4)(c)"
    },
    {
      "type": "F",
      "label": "F59",
      "text": "Words in reg. 28(14)(b) inserted (6.4.2020) by The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2020 (S.I. 2020/354), regs. 1, 14(4)(d)"
    },
    {
      "type": "F",
      "label": "F60",
      "text": "Words in reg. 28(14)(b) inserted (6.4.2025) by The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025 (S.I. 2025/201), regs. 1(2), 12(4)(d)"
    },
    {
      "type": "F",
      "label": "F61",
      "text": "Words in reg. 28(14)(b)(ii) substituted (5.4.2015) by The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255), arts. 1(3), 17(4)(d)(i) (with art. 35(1))"
    },
    {
      "type": "F",
      "label": "F62",
      "text": "Words in reg. 28(14)(b)(ii) substituted (6.4.2020) by The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2020 (S.I. 2020/354), regs. 1, 14(4)(e)"
    },
    {
      "type": "F",
      "label": "F63",
      "text": "Words in reg. 28(14)(b)(ii) inserted (6.4.2025) by The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025 (S.I. 2025/201), regs. 1(2), 12(4)(e)"
    },
    {
      "type": "F",
      "label": "F64",
      "text": "Words in reg. 28(14)(b)(iii) substituted (5.4.2015) by The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255), arts. 1(3), 17(4)(e)(i) (with art. 35(1))"
    },
    {
      "type": "F",
      "label": "F65",
      "text": "Words in reg. 28(14)(b)(iii) substituted (6.4.2020) by The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2020 (S.I. 2020/354), regs. 1, 14(4)(e)"
    },
    {
      "type": "F",
      "label": "F66",
      "text": "Words in reg. 28(14)(b)(iii) inserted (6.4.2025) by The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025 (S.I. 2025/201), regs. 1(2), 12(4)(f)"
    },
    {
      "type": "M",
      "label": "M1",
      "text": "Sections 30A to 30E were inserted by the Social Security (Incapacity for Work) Act 1994 (c. 18). Section 30A(1) was substituted by, and section 30A(2) was amended by, the Welfare Reform and Pensions Act 1999 (c. 30). Section 30B(3) was amended by the Pensions Act 1995 (c. 26) and the Tax Credits Act 2002 (c. 21). Section 30C(5) was amended by the Tax Credits Act 1999 (c. 10) and substituted by the Tax Credits Act 2002."
    },
    {
      "type": "M",
      "label": "M2",
      "text": "S.I. 1987/1967. Regulation 4ZA was inserted by S.I. 1996/206. Schedule 1B was inserted by S.I. 1996/1517. The relevant amending instruments are S.I. 1997/2197, S.I. 2000/636, S.I. 2000/1981, S.I. 2001/3070 and S.I. 2002/2689."
    },
    {
      "type": "M",
      "label": "M3",
      "text": "S.I. 1975/556."
    },
    {
      "type": "M",
      "label": "M4",
      "text": "S.I. 1999/3110."
    },
    {
      "type": "M",
      "label": "M5",
      "text": "1989 c. 41; Part 10A (comprising sections 79A to 79X) was inserted by section 79 of the Care Standards Act 2000 (c. 14)."
    },
    {
      "type": "M",
      "label": "M6",
      "text": "Section 171E was inserted by section 6 of the Social Security (Incapacity for Work) Act 1994 (c. 18)."
    },
    {
      "type": "M",
      "label": "M7",
      "text": "1977 c. 49."
    },
    {
      "type": "M",
      "label": "M8",
      "text": "1978 c. 29."
    },
    {
      "type": "M",
      "label": "M9",
      "text": "Sections 171ZA and 171ZB were inserted into the Social Security Contributions and Benefits Act 1992 by section 2 of the Employment Act 2002 (c. 22)."
    },
    {
      "type": "M",
      "label": "M10",
      "text": "Section 171ZL was inserted by section 4 of the Employment Act 2002."
    },
    {
      "type": "M",
      "label": "M11",
      "text": "Schedule 1B was inserted by S.I. 1996/206; paragraph 14B was inserted by S.I. 2002/2689 and amended by S.I 2003/455 and 2003/1731."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2006/213/regulation/28",
    "retrieved_at": "2026-11-06T03:35:43.605354+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}