Explanatory note

These Regulations amend the Income Support (General) Regulations 1987 (S.I.1987/1967), the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207), the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971), the Council Tax Benefit (General) Regulations 1992 (S.I.1992/1814) (“the principal sets of regulations”) and the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 (S.I.2003/325).

Regulations 2(2), 3(2), 4(2) and 5(2) amend the principal sets of Regulations by inserting a definition of “ERA payment” in the interpretation provisions of each of the principal sets of Regulations. Regulations 2(4)(c), 2(5)(d), 3(4)(c), 3(5)(d), 4(5)(c), 4(6)(e), 5(4)(c) and 5(5)(e) make provision in each of the principal sets of Regulations for ERA payments made under the Employment, Retention and Advancement Scheme to be disregarded both in calculation of income other than earnings and as capital. The Employment, Retention and Advancement Scheme is an arrangement made by the Secretary of State under section 2 of the Employment and Training Act 1973 (c. 50) that provides assistance to individuals to improve their job retention or career advancement (or both). Information about the Employment, Retention and Advancement Scheme can be obtained from offices of Jobcentre Plus.

Regulations 2(3), 3(3), 4(4) and 5(3) amend the principal sets of regulations in relation to the awards of carer premium. They revoke sub-paragraph (2) because all those who are entitled now fall with sub-paragraph (1) and make associated changes.

Regulations 2(4)(a), 2(5)(d), 3(4)(a), 3(5)(d), 4(5)(a), 4(6)(e), 5(4)(a) and 5(5)(e) amend the principal sets of regulations to provide for income and capital disregards of payments made under the Adoption and Children Act 2002 (c. 38).

Regulations 2(4)(b), 2(5)(c), 3(4)(b), 3(5)(c), 4(5)(b), 4(6)(d), 5(4)(b), 5(5)(d) and 6(2) amend the principal sets of regulations and the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 to clarify the extent of income and capital disregards in relation to the scheme known as “supporting people”.

Regulations 2(5)(a) and (b), 3(5)(a) and (b), 4(6)(b) and (c) and 5(5)(b) and (c) amend the principal sets of regulations to reflect changes to court procedure following the introduction of the Civil Procedure Rules 1998 in England and Wales and the Children (Scotland) Act 1995 in Scotland.

Regulations 2(5)(d), 3(5)(d), 4(6)(e) and 5(5)(e) add to the capital disregards in the principal sets of regulations payments made to a claimant in respect of community care services.

Regulation 4(3) amends references to the scheme known as “supporting people” in relation to the circumstances in which the costs of cleaning exterior windows and communal areas of a claimant’s accommodation can be met by housing benefit under the Housing Benefit (General) Regulations 1987.

Regulations 4(6)(a) and 5(5)(a) amend the Housing Benefit (General) Regulations 1987 and the Council Tax Benefit (General) Regulations 1992 to remove the capital disregard for arrears of council tax benefit and housing benefit respectively.

These Regulations do not impose a charge on business.