Social Security News - July 2021

Social Security News
                                                                                            Issue 189 July 2021

This News Bulletin is intended to brief those with a special interest in social security matters of the changes
in the law following each sitting of Tynwald at which the changes are approved.
Copies of the Orders and Regulations referred to in this bulletin may be obtained from:
Tynwald Library, Legislative Buildings, Douglas, IM1 3PW.
Tel: 01624 685520
Email: library@tynwald.org.im
Website: www.tynwald.org.im/links/tls
Social Security legislation is available online.
The relevant document number is shown against the item.
For more details on the Orders and Regulations described in this newsletter.
Tel: 01624 685025
Email: darrin.oldam@gov.im

In this issue:

SD2021/0186 extends the period in which section 30A(3) of the Social Security Contributions and
Benefits Act 1992 as it is applied to the Island is omitted. The continued omission of section 30A(3) means
that persons who make a successful claim for short-term incapacity benefit before 1 April 2022 won’t have
to serve waiting days and will be entitled to benefit from the first day of any period of incapacity for work.

SD2021/0187 extends until 1 April 2022 the period in which paragraph 4 of Schedule 1 to the Jobseekers
Act 1995 as it is applied to the Island is omitted. Under paragraph 4 of Schedule 1, subject to regulations,
a person is not entitled to jobseeker’s allowance for a prescribed number of days at the beginning of a
jobseeking period (known as “waiting days”).

SD2021/0188 further continues relaxations to some of the rules affecting entitlement to, and amounts
payable of, certain social security benefits which were introduced to mitigate the impact of coronavirus
disease on the Island’s working population.
This Order relates to –
     The suspension of time-based reductions of jobseeker’s allowances;
     The rules of entitlement to jobseeker’s allowance and carer’s allowance; and
     The disapplication of 3 waiting days at the start of an award of jobseeker’s allowance (JSA).

                                                   The Treasury

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SD2021/0189 substitutes provision in the Income Support (General) (Isle of Man) Regulations 2000
which is used to determine the applicable amount of income support for persons resident in adult care
homes. It also amends the way certain types of income and capital are treated for income support
purposes.

SD2021/0190 amends provision in the Employed Person's Allowance (General) Regulations 2011 as to
the way certain types of income and capital are treated for claims for employed person’s allowance. It also
inserts a definition of “adult care home” into those regulations.

SD2021/0191 amends section 179 of the Social Security Administration Act 1992 of the UK Parliament as
that Act is applied to the Island, which relates to reciprocal social security agreements made with other
countries.

SD2021/0192 revokes and replaces existing provision which specifies the categories and descriptions into
which persons who are subject to immigration control must fall, and the conditions which such a person
must satisfy, if they are not to be excluded from entitlement to certain social security benefits because they
are subject to immigration control.

Social Security Contributions and Benefits Act 1992 (Application) (Amendment)
(No.7) Order 2021
SD2021/0186

This Order is one of a number of measures which further continue relaxations to some of the rules
affecting entitlement to, and amounts payable of, certain social security benefits which were introduced to
mitigate the impact of coronavirus disease on the Island’s working population.
It does so by further amending the Security Contributions and Benefits Act 1992 (Application)
(Amendment) Order 2020 (SD2020/0143).
That Order omits section 30A(3) from the Social Security Contributions and Benefits Act 1992 as it is
applied in the Island. Under section 30A(3) a person who qualifies for short-term incapacity benefit is not
entitled to incapacity benefit for the first 3 days of any period of incapacity for work (known as “waiting
days”).
Originally section 30A(3) was omitted in relation to claims for benefit falling in the period of 26 weeks
beginning on 12 March 2020 (see SD2020/0143). That period was extended until 1 April 2021 (see
SD2020/0410) and again until 1 October 2021 (see SD2021/0072). This Order further extends that period
until 1 April 2022.
The continued omission of section 30A(3) means that persons who make a successful claim for short-term
incapacity benefit before 1 April 2022 will be entitled to benefit from the first day of any period of
incapacity for work.

Jobseekers Act 1995 (Application (Amendment) (No.3) Order 2021
SD2021/0187

This Order is one of a number of measures which further continue relaxations to some of the rules
affecting entitlement to, and amounts payable of, certain social security benefits which were introduced to
mitigate the impact of coronavirus disease on the Island’s working population.
It does so by further amending the Jobseekers Act 1995 (Application) (Amendment) Order 2020
(SD2020/0208).

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That Order omits paragraph 4 of Schedule 1 from the Jobseekers Act 1995 as it is applied in the Island.
Under paragraph 4 of Schedule 1, subject to regulations, a person is not entitled to jobseeker’s allowance
for a prescribed number of days at the beginning of a jobseeking period (known as “waiting days”).
Originally paragraph 4 of Schedule 1 was omitted for the period of 26 weeks beginning on 9 April 2020
(see SD2020/0208). That period was extended until 1 April 2021 (see SD2020/0409) and again until 1
October 2021 (see SD2021/0073). This Order further extends that period until 1 April 2022.

Social Security Legislation (Benefits) (Application) (Amendment) (No.3) Order 2021
SD2021/0188

This Order is one of a number of measures which further continue certain relaxations to some of the rules
affecting entitlement to, and amounts payable of, certain social security benefits which were introduced to
mitigate the impact of coronavirus disease on the Island’s working population.
Suspension of time-based reductions of jobseeker’s allowances
Under the Jobseeker’s Allowance Regulations 1996 as they are applied to the Island, in most cases,
personal allowances for persons claiming jobseeker’s allowance (JSA) are reduced after 6, or in some cases
12, months’ entitlement to JSA.
This provision was modified in July last year to provide that, in calculating the period for which a person is
entitled to JSA for these purposes, any period of entitlement to JSA on or after 2 March 2020 and before 1
March 2021 is to be ignored.
That provision was then amended to provide that periods of entitlement to JSA on or after 1 March 2021
and before 1 October 2021 are also to be ignored.
This Order now provides that periods of entitlement to JSA on or after 1 October 2021 and before 1 April
2022 are also to be ignored.
Rules of entitlement to jobseeker’s allowances and carer’s allowance
The Social Security (Coronavirus) (Further Measures) Regulations 2020 as applied to the Island modify
some of the rules relating to jobseeker’s allowance (JSA) and carer’s allowance on account of coronavirus
to enable persons to qualify for, or to retain entitlement to, benefit.
Under regulations 7 to 9 of those applied Regulations –
      As a consequence of the outbreak of coronavirus disease, a person who has an award of
       jobseeker’s allowance is to be treated as available for work and actively seeking work for the
       purposes of JSA legislation (regulation 7);
      jobseekers who satisfy the other conditions for JSA and who are infected or contaminated with
       coronavirus disease, in isolation or caring for a child in their household who is similarly infected,
       contaminated or in isolation, are treated as if they are capable of work and so will qualify for JSA
       (regulation 8);
      carers can retain entitlement to carer’s allowance while they have a temporary break in caring as a
       result of isolation due to, or infection or contamination with, coronavirus disease of either the carer
       or the person being cared for (regulation 9).
Originally regulations 7 to 9 of the applied Regulations were due to expire on 30 September 2020.
However, they were later amended so that they would not expire until 31 March 2021.
The applied Regulations were further amended to provide that regulations 8 and 9 would not expire until
30 September 2021 (while regulation 7 would expire on 31 March 2021).
This Order provides that regulations 8 and 9 will now not expire until 31 March 2022.

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Disapplication of 3 waiting days at the start of an award of jobseeker’s allowance (JSA)
Subject to regulations, a person is not entitled to JSA for a number of days specified in regulations at the
beginning of a jobseeking period (known as “waiting days”). Provisions in the Jobseeker’s Allowance
Regulations 1996 (as they are applied to the Island) specify that number of days as being 3 and also
specify the cases in which waiting days do not apply.
Those provisions were omitted (and consequential amendment was made to other provisions in those
Regulations) for the period of 26 weeks beginning on 9 April 2020.
That period was later extended until 31 March 2021, and subsequently until 30 September 2021.
This Order provides that it will now not expire until 31 March 2022.

Income Support (General) (Isle of Man) (Amendment) (No.3) Regulations 2021
SD2021/0189

Introduction
These Regulations substitute provision in the Income Support (General) (Isle of Man) Regulations 2000
(“the Income Support Regulations”) which is used to determine the applicable amount of income support
for persons resident in adult care homes.
They also amend provision in the Income Support Regulations as to the way certain types of income and
capital are treated for income support purposes.
People resident in adult care homes
Provisions in the Income Support Regulations which determine the applicable amount of income support
for people living in adult care homes are redrawn to reflect the full range of care premises carried on by
the Department of Health and Social Care and to more closely align those provisions with regulations made
by the DHSC prescribing charges for residential social care services.
These changes do not change policy in any respect and will have no impact on benefit recipients.
War pensions disregards
The Regulations redraw and update provisions in the Income Support Regulations in relation to income
disregards for war pensions consequent on changes which have been made to the various war pension and
armed forces pension schemes.
They also introduce a new disregard into the Income Support Regulations to enable the full benefit of the
existing £30 war pensions income disregard to continue to apply where the amount of war pension has
been abated to less than £30 by an armed forces pension scheme payment.
Windrush compensation payments
A new income disregard is inserted into the Income Support Regulations for payments made under, or in
connection with, the UK Windrush compensation scheme. A corresponding capital disregard is also
inserted.
Notional income – pension savings
These Regulations also amend the Income Support Regulations to change the way in which notional
income is calculated in relation to pension savings. “Notional income” is income that a person doesn’t
actually get, but is treated as getting for benefit purposes.
Individuals can now access their pension savings more flexibly. The amendments made provide that the
amount of pension income which would otherwise be available to a claimant is to be the rate of the annuity
which may have been purchased with the claimant’s pension fund and set out how that amount should be
determined.

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Technical amendments
These Regulations also make minor technical amendments to update outdated references, and revoke
redundant provisions, in the Income Support Regulations.

Employed Person’s Allowance General (Amendment) (No.3) Regulations 2021
SD2021/0190

Introduction
These Regulations amend provision in the Employed Person's Allowance (General) Regulations 2011 (“the
EPA regulations”) as to the way certain types of income and capital are treated for claims for employed
person’s allowance.
They also insert a definition of “adult care home” into those regulations.
War pensions disregard
The Regulations introduce a new disregard into the EPA regulations to enable the full benefit of the
existing £30 war pensions income disregard to continue to apply where the amount of a war pension has
been abated to less than £30 by an armed forces pension scheme payment.
Windrush compensation payments
A new income disregard is inserted into the EPA regulations for payments made under, or in connection
with, the UK Windrush compensation scheme. A corresponding capital disregard is also inserted.
Technical amendments
The regulations also make minor technical amendments to update outdated references, and revoke
redundant provisions, in the EPA regulations.

Social Security Administration Act 1992 (Application) (Amendment) Order 2021
SD2021/0191

This Order amends the Order which applied to the Island the Social Security Administration Act 1992 of the
UK Parliament (“the Administration Act”).
The amendments are made to section 179 of the Administration Act, which relates to reciprocal social
security agreements made with other countries.
With the exception of the reciprocal agreements between the IOM and the UK, such agreements are, and
have been, made between the UK Government and the governments of other countries, within and beyond
the EU and the EEA. Where the IoM is joined to such agreements, they are given effect in IOM legislation
by an Order in Council. Typically, the IOM is joined to such agreements by being included within the
definition of the territory of the United Kingdom.
One amendment is made to the Administration Act to reflect the expanded scope of legislation which may
be modified generally to give effect to: (a) the provisions in such an agreement; or (b) alterations to such
an agreement, in accordance with proposals to alter it which the UK Government has made to the other
government or organisation in question in consequence of a change in the law in the Island or Great
Britain. The other amendment made corrects a minor textual error.
The Acts of the UK Parliament which are not currently referred to in section 179(2) of the Administration
Act, but which need to be - and which will be as a result of this Order - are the Jobseekers Act 1995 and
Parts 1 and 5 of the Pensions Act 2014, as those Acts of the UK Parliament have effect in the Island.
The other amendment corrects a minor textual error by removing unnecessary words.

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Social Security (Persons subject to Immigration Control not excluded from Benefits)
Regulations 2021
SD2021/0192

These Regulations revoke and replace existing provision which specifies the categories and descriptions
into which persons who are subject to immigration control must fall, and the conditions which such a
person must satisfy, if they are not to be excluded from entitlement to certain social security benefits
because they are subject to immigration control.
Persons subject to immigration control normally excluded from some benefits
Persons to whom section 150E of the Social Security Contributions and Benefits Act 1992 (as it is applied to
the IOM) are excluded from entitlement to certain social security benefits if that section applies to them
unless they fall within a category or description, or satisfy conditions, specified in regulations. Similar
provision is made in the Jobseekers Act 1995 (as it is applied to the IOM) for income-based jobseeker’s
allowance.
Meaning of “persons subject to immigration control”
Section 150E applies to a “person subject to immigration control”, which means a person who –
   a)   requires leave to enter or remain in the IOM but does not have it;
   b)   has leave to enter or remain in the IOM provided that he does not have recourse to public funds;
   c)   has leave to enter or remain in the IOM as a result of a maintenance undertaking given by another
        person; or
   d)   may not be removed from, or required to leave, the IOM while an appeal against an immigration
        decision in their case is pending.
Since the UK left the EU and the ending of the right of free movement for EU citizens and citizens of
certain other European countries after the end of the transition period (i.e., 31 December 2020), EEA
nationals (except Irish nationals) not covered by the Withdrawal Agreement are persons subject to
immigration control for these purposes.
Affected benefits
The benefits concerned are: income-based jobseeker’s allowance, income support, maternity expenses
payments, exceptional needs grants, budgeting loans, employed person’s allowance, attendance allowance,
severe disablement allowance, carer’s allowance, disability living allowance and child benefit.
New provision in the Regulations
The principal differences between these Regulations and the provision they replace are that the new
regulations –
   a)   reflect the fact that employed person’s allowance replaced family income supplement and disability
        working allowance in January 2012;
   b)   reflect the transfer of the power to give leave to persons to enter or remain in the Isle of Man
        from the Lieutenant-Governor to the Minister for the Cabinet Office;
   c)   don’t contain provision enabling persons subject to immigration control to qualify for benefits if
        there is a temporary disruption to their income from abroad; and
   d)   include changes in consequence of the UK’s withdrawal from the EU, in particular the new power
        the UK Government has to conclude an agreement which replaces an agreement under Article 217
        of the Treaty on the Functioning of the European Union which makes provision for receipt of
        family allowances for members of their family who are legally resident in the United Kingdom.
The new regulations are also presented in such a way as to make them easier to read than the regulations
they replace.

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