# The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2004 S.I. 2004/1141 · made 14 April 2004 · revised to 6 March 2006 These Regulations amend the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/1814), the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971), the Income Support (General) Regulations 1987 (S.I. 1987/1967), the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207) and the State Pension Credit Regulations 2002 (S.I. 2002/1792) (“the Principal Regulations”). PDFs: Printed copy https://openlegislation.uk/social-security-miscellaneous-amendments-no-2-regulations-2004/pdf/uksi_20041141_en.pdf ## Introductory text SOCIAL SECURITY Made 14th April 2004 Laid before Parliament 21st April 2004 Coming into force 12th May 2004 The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by section 123(1)(a), (d) and (e), sections 135(1), 136(3), 136(5)(b) and (d), sections 137(1), 138(1)(a) and (4) and 175(4) of the Social Security Contributions and Benefits Act 1992 , sections 12(1), 12(4)(b) and (d), 35(1) and 36(4) of the Jobseekers Act 1995 , sections 15(3) and (6) and 17(1) of the State Pension Credit Act 2002 and section 29 of and paragraph 8 of Schedule 1 to the Social Security (Recovery of Benefits) Act 1997 and all other powers enabling him in that behalf, after consultation in respect of provisions in these regulations relating to housing benefit and council tax benefit with organisations appearing to him to be representative of the authorities concerned , and after agreement by the Social Security Advisory Committee that proposals in respect of the Regulations should not be referred to it , hereby makes the following Regulations: ## 1 Citation, commencement and interpretation (1) These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No. 2) Regulations 2004 and shall come into force on 12th May 2004. (2) In these Regulations— ... ... “the Income Support Regulations” means the Income Support (General) Regulations 1987 ; “the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996 ; “the Recovery of Benefits Regulations” means the Social Security (Recovery of Benefits) Regulations 1997 ; “the Social Fund Maternity and Funeral Expenses Regulations” means the Social Fund Maternity and Funeral Expenses (General) Regulations 1987 ; “the State Pension Credit Regulations” means the State Pension Credit Regulations 2002 . ## 2 Common amendments relating to interpretation In regulation 2(1) of ... the Income Support Regulations, in regulation 1(3) of the Jobseeker’s Allowance Regulations and regulation 1(2) of the State Pension Credit Regulations— (a) in the definition of “qualifying person” for the words “or the Eileen Trust” there shall be substituted “ , the Eileen Trust or the Skipton Fund ”; (b) immediately after the definitions of— (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ii) in the Income Support Regulations ..., “the Macfarlane Trust”; (iii) in the Jobseeker’s Allowance Regulations, “single claimant”; and (iv) in the State Pension Credit Regulations, “qualifying person”, there shall be inserted the following definition— ““the Skipton Fund” means the ex-gratia payment scheme administered by the Skipton Fund Limited, incorporated on 25th March 2004, for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with the scheme’s provisions;”. ## 3 Common amendments relating to capital to be disregarded (1) In each of the paragraphs of the Schedules to the Regulations specified in paragraph (2) for the words “section 12, 24 or 26 of the Social Work (Scotland) Act 1968” there shall be substituted “ section 12 of the Social Work (Scotland) Act 1968 or sections 29 or 30 of the Children (Scotland) Act 1995 ”. (2) The paragraphs of the Schedules specified for the purpose of paragraph (1) above are— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) paragraph 17 of Schedule 10 to the Income Support Regulations; (d) paragraph 22 of Schedule 8 to the Jobseeker’s Allowance Regulations. (3) In each of the paragraphs of the Schedules to the Regulations specified in paragraph (4) for the words “or the Independent Living Funds” there shall be substituted “ , the Independent Living Funds or the Skipton Fund ”. (4) The paragraphs of the Schedules specified for the purpose of paragraph (3) above are— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) paragraph 22(1) of Schedule 10 to the Income Support Regulations; (d) paragraph 15(1) of Schedule V to the State Pension Credit Regulations. (5) In each of the paragraphs of the Schedules to the Regulations specified in paragraph (6) for the words “and the Eileen Trust” there shall be substituted “ , the Eileen Trust and the Skipton Fund ”. (6) The paragraphs of the Schedules specified for the purpose of paragraph (5) above are— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) paragraph 22(7) of Schedule 10 to the Income Support Regulations; (d) paragraph 15(7) of Schedule V to the State Pension Credit Regulations. (7) In each of the paragraphs of the Schedules to the Regulations specified in paragraph (8) after the words “the Eileen Trust” there shall be inserted “ , the Skipton Fund ”. (8) The paragraphs of the Schedules specified for the purpose of paragraph (7) above are— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) paragraph 27(1) of Schedule 8 to the Jobseeker’s Allowance Regulations. ## 4 Common amendments relating to sums to be disregarded in the calculation of income other than earnings (1) In each of the paragraphs of the Schedules to the Regulations specified in paragraph (2) for the words “section 21 of the Social Work (Scotland) Act 1968” there shall be substituted “ section 26 of the Children (Scotland) Act 1995 ”. (2) The paragraphs of the Schedules specified for the purpose of paragraph (1) above are— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) paragraph 26 of Schedule 9 to the Income Support Regulations; (d) paragraph 27 of Schedule 7 to the Jobseeker’s Allowance Regulations. (3) In each of the paragraphs of the Schedules to the Regulations specified in paragraph (4) for the words “section 12, 24 or 26 of the Social Work (Scotland) Act 1968” there shall be substituted “ section 12 of the Social Work (Scotland) Act 1968 or sections 29 or 30 of the Children (Scotland) Act 1995 ”. (4) The paragraphs of the Schedules specified for the purpose of paragraph (3) above are— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) paragraph 28 of Schedule 9 to the Income Support Regulations; (d) paragraph 29 of Schedule 7 to the Jobseeker’s Allowance Regulations. ## 5 Income support and jobseeker’s allowance: capital treated as income In regulation 41(3) of the Income Support Regulations and in regulation 104(3) of the Jobseeker’s Allowance Regulations for the words “section 12, 24 or 26 of the Social Work (Scotland) Act 1968” there shall be substituted “ section 12 of the Social Work (Scotland) Act 1968 or sections 29 or 30 of the Children (Scotland) Act 1995 ”. ## 6 Further amendment of the Income Support Regulations In paragraph 12(1)(d)(i) of Schedule 2 to the Income Support Regulations (applicable amounts) for the words “Social Security (Hospital In-Patient) Regulations 1975” there shall be substituted “ Social Security (Attendance Allowance) Regulations 1991 or the Social Security (Disability Living Allowance) Regulations 1991 ”. ## 7 Amendment of the Recovery of Benefit Regulations relating to the Skipton Fund In regulation 2(2) of the Recovery of Benefit Regulations— (a) in sub-paragraph (i) for “10th April 1992.” there shall be substituted “ 10th April 1992; ”; (b) after sub-paragraph (i) there shall be inserted— “(j) any payment made from the Skipton Fund, the ex-gratia payment scheme administered by the Skipton Fund Limited, incorporated on 25th March 2004, for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with the scheme’s provisions..” ## 8 Amendment of the Social Fund Maternity and Funeral Expenses Regulations relating to the Skipton Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## Signature Signed by authority of the Secretary of State for Work and Pensions. Chris Pond Parliamentary Under-Secretary of State, Department for Work and Pensions ## Explanatory note (This note is not part of the Regulations) These Regulations amend the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/1814), the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971), the Income Support (General) Regulations 1987 (S.I. 1987/1967), the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207) and the State Pension Credit Regulations 2002 (S.I. 2002/1792) (“the Principal Regulations”). These Regulations also amend the Social Fund Maternity and Funeral Expenses (General) Regulations 1987 (S.I. 1987/481) (“the Social Fund Maternity and Funeral Expenses Regulations”) and the Social Security (Recovery of Benefits) Regulations 1997 (S.I. 1997/2205) (“the Recovery of Benefit Regulations”). The Principal Regulations are amended to— – insert a definition of the Skipton Fund (regulation 2); – include in the definition of “qualifying person” reference to a person in respect of whom payment has been made from the Skipton Fund (regulation 2); and – provide that payments made to a person from the Skipton Fund will be disregarded when calculating a person’s capital and, in the case of the State Pension Credit Regulations 2002, provide that payments received will be disregarded for the purpose of calculating a person’s income from capital (regulation 3(3) – (8)). The Skipton Fund is an ex-gratia payment scheme administered by the Skipton Fund Limited on behalf of the Department of Health for the benefit of persons who have contracted hepatitis C from NHS blood, blood products or tissue. Except in the case of the State Pension Credit Regulations 2002, the Principal Regulations are also amended to substitute references to the Social Work (Scotland) Act 1968, which were repealed by the Children (Scotland) Act 1995, with references to the latter Act (regulations 3(1) and (2), 4 and 5). Regulation 6 amends the Income Support (General) Regulations 1987 to correct a reference to supporting legislation in the conditions for Higher Pensioner Premium and Disability Premium which was inserted by the State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019). Regulation 7 amends regulation 2(2) of the Recovery of Benefit Regulations to include an exemption for payments made from the Skipton Fund from the compensation recovery scheme. Regulation 8 amends regulation 8 of the Social Fund Maternity and Funeral Expenses Regulations to provide that payments received from the Skipton Fund will not be deducted from an award of a funeral payment. A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business. --- Source: https://www.legislation.gov.uk/uksi/2004/1141 (the official version) Page: https://openlegislation.uk/social-security-miscellaneous-amendments-no-2-regulations-2004 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.