The Social Security (Coronavirus) (Prisoners) Regulations 2020
S.I. 2020/409 · Made 7 April 2020 · Extends to England, Wales and Scotland
Social Security
Made at 10.23 a.m. on 7th April 2020
Laid before Parliament at 3.00 p.m. on 7th April 2020
Coming into force 8th April 2020
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 123(1)(a) and (d), 124, 130, 135(1), 137(1) and (2)(h) and (l), 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992 M1, sections 4(5) and (12), 6(4), 7(4), 35 and 36(2) and (4) of, and paragraph 12 of Schedule 1 to, the Jobseekers Act 1995 M2, sections 2(3), (4), (6) and (9), 3(8) and 17(1) and (2)(a) of the State Pension Credit Act 2002 M3, sections 4(2) and (3), 24(1) and 25(2), (3) and (5) of, and paragraph 6(8) of Schedule 1 to, the Welfare Reform Act 2007 M4 and sections 2(2), 6(1), 8(1), 40, 42(1) to (3) of, and paragraph 5(1) of Schedule 1 to, the Welfare Reform Act 2012 M5.
In accordance with section 173(1)(a) of the Social Security Administration Act 1992 M6, it appears to the Secretary of State that by reason of the urgency of this matter it is inexpedient to refer the proposals in respect of these Regulations to the Social Security Advisory Committee.
In accordance with section 176(2)(a) of the Social Security Administration Act 1992 it appears to the Secretary of State that by reason of the urgency of this matter it is inexpedient to consult with representative bodies.
Annotations to the whole text
Marginal citations
- M1
1992 c.4. Section 137(1) is cited for the meaning of “prescribed”. Section 175 is applied to provisions of the State Pension Credit Act 2002 by section 19(1) of the Act.
- M2
1995 c.18. Section 6 is substituted by the Welfare Reform Act 2012 (c.5). Section 35 is cited for the meaning of “prescribed” and “regulations”.
- M3
2002 c.16. Section 17(1) is cited for the meaning of “prescribed” and “regulations”.
- M4
2007 c.5. Section 4 and paragraph 6(8) of Schedule 12 were repealed for certain purposes by the Welfare Reform Act 2012 (c.5). Section 24(1) is cited for the meaning of “prescribed” and “regulations”.
- M5
2012 c.5. Section 40 is cited for the meaning of “prescribed”.
- M6
Contents
- 1Citation and commencement
- 1AInterpretation
- 2Income Support, Jobseeker's Allowance, State Pension Credit, Employment and Support Allowance and Universal Credit – definition of prisoner
- 3Income Support, Jobseeker's Allowance, State Pension Credit and Employment and Support Allowance – persons treated as being or not being members of the same household
- 4Jobseeker's Allowance – availability for employment
- 5Housing Benefit – modification of the rule on whether a person is or is not to be treated as occupying a dwelling as their home
- 6Expiry
- Signature
- Explanatory note
1Citation and commencementI1
These Regulations may be cited as the Social Security (Coronavirus) (Prisoners) Regulations 2020 and come into force on 8th April 2020.
1AInterpretationF1
In these Regulations “coronavirus disease” means COVID-19 (the official designation of the disease which can be caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2)).
2Income Support, Jobseeker's Allowance, State Pension Credit, Employment and Support Allowance and Universal Credit – definition of prisonerI1
F1Where the Secretary of State is satisfied that it is expedient as a result of coronavirus disease and in such cases as the Secretary of State determines, the Regulations in paragraph (2) are to be read as if the definition of “prisoner” did not include a person on temporary release in accordance with the provisions of the Prison Act 1952.
3Income Support, Jobseeker's Allowance, State Pension Credit and Employment and Support Allowance – persons treated as being or not being members of the same householdI1
F1Where the Secretary of State is satisfied that it is expedient as a result of coronavirus disease and in such cases as the Secretary of State determines, the following provisions are to be read as if the words “the Prison Act 1952 or” were omitted—
regulation 16(3)(b)(ii) of the Income Support (General) Regulations 1987 M1;
regulation 5(1)(c)(iii) of the State Pension Credit Regulations 2002; and
regulation 156(4)(b)(ii) of the Employment and Support Allowance Regulations 2008.
F2Where the Secretary of State is satisfied that it is expedient as a result of coronavirus disease and in such cases as the Secretary of State determines, regulation 78(3)(b)(ii) of the Jobseeker's Allowance Regulations 1996 M2 is to be read as if the words “the provisions of the Prison Act 1952 or” were omitted.
4Jobseeker's Allowance – availability for employmentI1
F1Where the Secretary of State is satisfied that it is expedient as a result of coronavirus disease and in such cases as the Secretary of State determines, regulation 15(1)(b) of the Jobseeker's Allowance Regulations 1996 is to be read as if the words “the provisions of the Prison Act 1952 or” were omitted.
5Housing Benefit – modification of the rule on whether a person is or is not to be treated as occupying a dwelling as their homeI1
For the purposes of entitlement to housing benefit, F1where the Secretary of State is satisfied that it is expedient as a result of coronavirus disease and in such cases as the Secretary of State determines, the following provisions are to be read as if the words “the Prison Act 1952 or” were omitted—
regulation 7(14) of the Housing Benefit Regulations 2006 M1; and
regulation 7(14) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 M2.
6ExpiryI1
The Secretary of State must keep the operation of these Regulations under review.
These Regulations cease to have effect F1on 31st August 2021.
Signature
Signed by the authority of the Secretary of State for Work and Pensions
Will Quince
Minister for Welfare Delivery
Department for Work and Pensions
Explanatory note
(This note is not part of the Regulations)
These Regulations make provision for individuals on temporary release from prison due to the outbreak of COVID-19 in Great Britain to access means tested benefits during the period of that release.
Regulation 2 requires the definition of prisoner in various means tested benefits to be read so that individuals temporarily released from a prison in England and Wales are no longer included within that definition. This means those individuals will be entitled to make a claim, or their presence in a household claiming means tested benefits will be taken into account in calculating entitlement.
Regulation 3 enables a person temporarily released from a prison in England and Wales to be included as a member of a claimant's household in a number of means tested benefits.
Regulation 4 enables a person temporarily released from a prison in England and Wales to be treated as available for employment in a claim for jobseeker's allowance.
Regulation 5 provides entitlement to housing benefit for individuals temporarily released from a prison in England and Wales.
Under regulation 6 the Secretary of State must keep the operation of the Regulations under review. Regulations 2 to 5 expire on the same day as the Employment and Support Allowance and Universal Credit (Coronavirus Disease) Regulations 2020 (S.I. 2020/289) and the Social Security (Coronavirus) (Further Measures) Regulations 2020 (S.I. 2020/371).
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, public or voluntary sectors is foreseen.