Explanatory note
(This note is not part of the Regulations)
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) and the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/1814) (“the principal Regulations”).
Regulation 2(5)(a) extends entitlement to income support, where a woman is or has been pregnant and has an expected week of confinement beginning on or after 6th April 2003, to a period commencing 11 weeks before her expected week of confinement and ending fifteen weeks after the date on which her pregnancy ends. Regulation 3(3) makes similar provision in respect of joint-claim couples under the Jobseeker’s Allowance Regulations 1996.
Regulation 2(5)(b) extends entitlement to income support to a person who is entitled to and taking paternity leave by virtue of section 80A or 80B of the Employment Rights Act 1986 and who satisfies the prescribed conditions.
Regulations 2(3), 3(4), 4(3) and 5(3) amend the principal Regulations to provide that a person on statutory paternity leave or statutory adoption leave shall not be treated as engaged in remunerative work for the purposes of the principal Regulations.
Regulations 2(4) and 3(5) amend the Income Support (General) Regulations 1987 and the Jobseeker’s Allowance Regulations 1996 to provide that remuneration received while on statutory paternity or statutory adoption leave is not counted as earnings for the purposes of calculating entitlement to income support or jobseeker’s allowance.
Regulations 2(6), 3(6), 4(6) and 5(6) amend the principal Regulations to add statutory adoption pay and statutory paternity pay to those payments in respect of which prescribed sums are to be disregarded in the calculation of income for the purposes of those regulations.
Regulations 4(4) and 5(4) amend the Council Tax Benefit (General) Regulations 1992 and the Housing Benefit (General) Regulations 1987 to provide that—
for the purposes of child care charges, a parent on statutory adoption leave or statutory paternity leave is to be treated as being in remunerative work when receiving housing benefit or council tax benefit;
statutory adoption pay and statutory paternity pay are to be treated as earnings for the purposes of council tax benefit and housing benefit.
These Regulations do not impose a charge on business.