Explanatory note

Regulations 2 to 8 of these Regulations amend respectively the Income Support (General) Regulations 1987 (S.I. 1987/1967), the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207), the State Pension Credit Regulations 2002 (S.I. 2002/1792), the Housing Benefit Regulations 2006 (S.I. 2006/213), the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (S.I. 2006/214), the Employment and Support Allowance Regulations 2008 (S.I. 2008/794) and the Universal Credit Regulations 2013 (S.I. 2013/376).

In particular, those amendments provide that payments made to a benefit recipient—

• from a scheme established or approved by the Secretary of State to provide compensation in respect of historic institutional child abuse in the United Kingdom; or

• under the Windrush Compensation (Expenditure) Act 2020 (c. 8) (“the Windrush Act”),

are to be disregarded as income and capital and therefore, not taken into account for the purposes of calculating entitlement to the benefits referred to above.

Regulations 9 and 10 amend respectively the Social Security (Recovery of Benefits) Regulations 1997 (S.I. 1997/2205) and the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 2008 (S.I. 2008/1596) to ensure that the payments made under theWindrush Act referred to above are not to be regarded as compensation payments for the purposes of those regulations.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.