The Social Security (Miscellaneous Amendments) Regulations 2026
Introduced benefit disregards for the Irish Mother and Baby Institutions Payment Scheme and increased fraud-related recovery rates for State Pension Credit.
These Regulations amend various social security instruments to ensure that payments from the Irish Mother and Baby Institutions Payment Scheme are disregarded when calculating entitlement to benefits including Universal Credit, Housing Benefit, and State Pension Credit.
The instrument increases the maximum recovery rate for State Pension Credit overpayments involving fraud from 25% to 40% and reinstates Disability Living Allowance for claimants who show 'good reason' for failing to comply with Personal Independence Payment transfer requirements.
The regulations apply to the Department for Work and Pensions and local authorities administering Housing Benefit, primarily across England, Wales, and Scotland.
Arguments For
The legislation states that it corrects technical defects in several previous Statutory Instruments, including S.I. 2013/376 and S.I. 2015/499.
Proponents argue that the amendments ensure recipients of the Irish Mother and Baby Institutions Payment Scheme are not financially disadvantaged, as these payments will be disregarded as income and capital across various benefits.
The document asserts that the changes to the Personal Independence Payment (Transitional Provisions) Regulations 2013 provide a fairer framework for claimants who had a 'good reason' for failing to provide information, allowing their Disability Living Allowance to be reinstated.
The order states that increasing the fraud recovery rate for State Pension Credit from 25% to 40% aligns it with intended policy following a previous drafting omission.
Arguments Against
Legal scholars might question the complexity of the transitional element calculations for Universal Credit, particularly the net increase rules when switching between carer and LCW/LCWRA elements.
Affected parties, specifically those receiving State Pension Credit, may raise concerns regarding the significant increase in the maximum deduction rate for overpayments resulting from fraud, which rises by 15 percentage points.
Civil liberties or welfare advocacy groups might point to potential confusion caused by the differing geographical extents of regulations 10 and 12, which apply to England and Wales only, unlike the rest of the instrument.
Citation, commencement and extent
- -(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations 2026 and come into force on 30th October 2026.
- (2) Subject to paragraph (3), these Regulations extend to England and Wales and Scotland.
- (3) Regulations 10 and 12 extend to England and Wales.
This section establishes the official name of the regulations and sets the commencement date as 30 October 2026.
It specifies that most provisions apply to England, Wales, and Scotland, while regulations 10 and 12 are restricted to England and Wales.
Amendment of the Social Security (Recovery of Benefits) Regulations 1997
2 In regulation 2(2) of the Social Security (Recovery of Benefits) Regulations 1997 (exempted trusts and payments) after sub-paragraph (u) insert-
';
- (v) any payment that is made under the Mother and Baby Institutions Payment Scheme established by the Irish Government under section 5 of the Irish Mother and Baby Institutions Payment Scheme Act 2023.'.
This section adds payments from the Irish Mother and Baby Institutions Payment Scheme to the list of exempted payments.
This prevents the government from recovering these specific compensation payments from personal injury settlements.
Amendment of the State Pension Credit Regulations 2002
- -(1) The State Pension Credit Regulations 2002 are amended as follows.
- (2) In regulation 1(2) (citation, commencement and interpretation)-
- (a) after the definition of 'miscarriage of justice compensation payment' insert-
''Mother and Baby Scheme payment' means a payment under the Mother and Baby Institutions Payment Scheme established by the Irish Government under section 5 of the Irish Mother and Baby Institutions Payment Scheme Act 2023;';
- (b) in the definition of 'qualifying person' for 'or a miscarriage of justice compensation payment' substitute ', a miscarriage of justice compensation payment or a Mother and Baby Scheme payment'.
(3) In regulation 5(1D) (persons treated as being or not being members of the same household), after sub-paragraph (a) insert-
- '(aa) paragraph (1A)(a), (b) or (c) applied to the person when the public information was issued or the evacuation began;'.
- (4) In Schedule 2 (housing costs), in paragraph 14(8), after paragraph (bf) insert-
'(bg) any Mother and Baby Scheme payment;'.
- (5) In Schedule 5 (income from capital), in paragraph 15-
- (a) in sub-paragraph (1A) for 'or miscarriage of justice compensation payment' substitute ', miscarriage of justice compensation payment, Mother and Baby Scheme payment';
- (b) in each of sub-paragraphs (2) to (5) and (6) for 'or a miscarriage of justice compensation payment' substitute ', a miscarriage of justice compensation payment or a Mother and Baby Scheme payment'.
This section ensures that payments from the Irish Mother and Baby Institutions Payment Scheme are ignored when assessing a person's income or capital for State Pension Credit.
It also clarifies that certain temporary absences from Great Britain only qualify for special consideration if the claimant was already abroad for a permitted reason when government evacuation advice was issued.
Amendment of the Housing Benefit Regulations 2006
- -(1) The Housing Benefit Regulations 2006 are amended as follows.
- (2) In regulation 2(1) (interpretation)-
- (a) after the definition of 'miscarriage of justice compensation payment' insert-
''Mother and Baby Scheme payment' means a payment under the Mother and Baby Institutions Payment Scheme established by the Irish Government under section 5 of the Irish Mother and Baby Institutions Payment Scheme Act 2023;';
- (b) in the definition of 'qualifying person' for 'or a miscarriage of justice compensation payment' substitute ', a miscarriage of justice compensation payment or a Mother and Baby Scheme payment'.
- (3) In regulation 42(7A) (notional income) after sub-paragraph (f) insert-
';
(g) a Mother and Baby Scheme payment.'.
- (4) In regulation 46(6) (income treated as capital) after 'a miscarriage of justice compensation payment' insert ', a Mother and Baby Scheme payment'.
- (5) In regulation 49(4A) (notional capital) after sub-paragraph (g) insert-
';
- (h) a Mother and Baby Scheme payment.'.
- (6) In regulation 74(9) (non-dependant deductions) after sub-paragraph (bf) insert-
'(bg) any Mother and Baby Scheme payment;'.
- (7) In Schedule 5 (sums to be disregarded in the calculation of income other than earnings), in paragraph 35-
- (a) in sub-paragraph (1A) after paragraph (f) insert-
';
- (g) Mother and Baby Scheme payment.';
- (b) in each of sub-paragraphs (2) to (6) for 'or a miscarriage of justice compensation payment' substitute ', a miscarriage of justice compensation payment or a Mother and Baby Scheme payment'.
- (8) In Schedule 6 (capital to be disregarded), in paragraph 24-
- (a) in sub-paragraph (1A) for 'or miscarriage of justice compensation payment' substitute ', miscarriage of justice compensation payment, Mother and Baby Scheme payment';
- (b) in each of sub-paragraphs (2) to (5) and (6) for 'or a miscarriage of justice compensation payment' substitute ', a miscarriage of justice compensation payment or a Mother and Baby Scheme payment'.
This section amends Housing Benefit rules to exclude Irish Mother and Baby Scheme payments from being counted as income or capital.
These payments are also disregarded when determining if a non-dependant (such as an adult child living at home) triggers a deduction from the claimant's Housing Benefit award.
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
- -(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.
(2) In regulation 2(1) (interpretation)-
- (a) after the definition of 'miscarriage of justice compensation payment' insert-
''Mother and Baby Scheme payment' means a payment under the Mother and Baby Institutions Payment Scheme established by the Irish Government under section 5 of the Irish Mother and Baby Institutions Payment Scheme Act 2023;';
- (b) in the definition of 'qualifying person' for 'or a miscarriage of justice compensation payment' substitute ', a miscarriage of justice compensation payment or a Mother and Baby Scheme payment'.
(3) In regulation 55(10) (non-dependant deductions) after sub-paragraph (bf) insert-
'(bg) any Mother and Baby Scheme payment;'.
- (4) In Schedule 6 (capital to be disregarded), in paragraph 16-
- (a) in sub-paragraph (1A) for 'or miscarriage of justice compensation payment' substitute ', miscarriage of justice compensation payment, Mother and Baby Scheme payment';
- (b) in each of sub-paragraphs (2) to (5) and (6) for 'or a miscarriage of justice compensation payment' substitute ', a miscarriage of justice compensation payment or a Mother and Baby Scheme payment'.
This section mirrors the disregards for the Mother and Baby Scheme for pensioners claiming Housing Benefit.
It ensures these payments do not count as capital and prevents them from causing non-dependant deductions.
Amendment of the Employment and Support Allowance Regulations 2008
- -(1) The Employment and Support Allowance Regulations 2008 are amended as follows.
(2) In regulation 2(1) (interpretation)-
- (a) after the definition of 'mobility supplement' insert-
''Mother and Baby Scheme payment' means a payment under the Mother and Baby Institutions Payment Scheme established by the Irish Government under section 5 of the Irish Mother and Baby Institutions Payment Scheme Act 2023;';
- (b) in the definition of 'qualifying person' for 'or a miscarriage of justice compensation payment' substitute ', a miscarriage of justice compensation payment or a Mother and Baby Scheme payment'.
(3) In regulation 107(5A) (notional income - income due to be paid or income paid to or in respect of a third party) after sub-paragraph (f) insert-
';
- (g) a Mother and Baby Scheme payment.'.
(4) In regulation 112(8)(b) (income treated as capital) after paragraph (vi) insert-
';
(vii) Mother and Baby Scheme payment.'.
- (5) In regulation 115(5A) (notional capital) after sub-paragraph (g) insert-
';
- (h) a Mother and Baby Scheme payment.'.
- (6) In Schedule 6 (housing costs), in paragraph 19(8)(b), for 'or miscarriage of justice compensation payment' substitute ', miscarriage of justice compensation payment, Mother and Baby Scheme payment'.
- (7) In Schedule 8 (sums to be disregarded in the calculation of income other than earnings), in paragraph 41-
- (a) in sub-paragraph (1A), after paragraph (f) insert-
';
- (g) Mother and Baby Scheme payment.';
- (b) in each of sub-paragraphs (2) to (6) for 'or a miscarriage of justice compensation payment' substitute ', a miscarriage of justice compensation payment or a Mother and Baby Scheme payment'.
- (8) In Schedule 9 (capital to be disregarded), in paragraph 27-
- (a) in sub-paragraph (1A) for 'or miscarriage of justice compensation payment' substitute ', miscarriage of justice compensation payment, Mother and Baby Scheme payment';
- (b) in each of sub-paragraphs (2) to (5) and (6) for 'or a miscarriage of justice compensation payment' substitute ', a miscarriage of justice compensation payment or a Mother and Baby Scheme payment'.
This section applies the Mother and Baby Scheme disregards to Employment and Support Allowance (ESA).
It prevents these payments from being treated as actual or notional income and capital during the means-testing process.
Amendment of the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 2008
- 7 In regulation 7(2) of the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 2008 (exempted trusts and payments), after sub-paragraph (r) insert-
';
- (s) any payment that is made under the Mother and Baby Institutions Payment Scheme established by the Irish Government under section 5 of the Irish Mother and Baby Institutions Payment Scheme Act 2023.'.
This section exempts Irish Mother and Baby Scheme payments from the recovery rules applied to certain lump sum social security payments.
This ensures the recipient retains the full value of the compensation.
Amendment of the Universal Credit Regulations 2013
- -(1) The Universal Credit Regulations 2013 are amended as follows.
- (2) In regulation 55(2)(b) (employed earnings), after 'Part 4' insert '(other than section 232)'.
- (3) In regulation 76 (special schemes for compensation etc.), after paragraph (1D) insert-
'(1E) This regulation also applies where a person receives a payment under the Mother and Baby Institutions Payment Scheme established by the Irish Government under section 5 of the Irish Mother and Baby Institutions Payment Scheme Act 2023.'.
This section clarifies that mileage allowance tax relief is not to be deducted from a claimant's earnings when calculating Universal Credit.
It also incorporates the Mother and Baby Scheme into the list of special compensation schemes disregarded under Universal Credit.
Amendment of the Social Security (Overpayments and Recovery) Regulations 2013
- 9 In regulation 14(2)(a) of the Social Security (Overpayments and Recovery) Regulations 2013 (recovery by deduction from state pension credit) for the words '5 times 5 per cent.' substitute '8 times 5 per cent.'.
This section increases the maximum amount the Department for Work and Pensions can deduct from State Pension Credit to recover overpayments resulting from fraud.
The rate rises from 25% (5 times 5%) to 40% (8 times 5%) of the standard allowance.
Amendment of the Personal Independence Payment (Transitional Provisions) Regulations 2013
- -(1) The Personal Independence Payment (Transitional Provisions) Regulations 2013 are amended as follows.
(2) In regulation 13 (failure to provide information etc.)-
- (a) after paragraph (1) insert-
'(1A) Where it is accepted that the claimant had good reason for the failure giving rise to a determination under paragraph (1), whether or not at the same time as making an assessment determination, the determination under paragraph (1) is treated as not made and the transfer claimant's entitlement to disability living allowance is reinstated as if the determination had never been made.';
- (b) omit paragraph (2).
(3) In regulation 17 (procedure following and consequences of determination of claim for personal independence payment)-
- (a) in paragraph (1)(b), omit 'except where paragraph (2) of regulation 13 applies to the claimant,';
- (b) omit paragraph (2)(b);
- (c) in paragraph (3)(a), omit 'except where paragraph (2) of regulation 13 applies to the claimant,'.
This section modifies the rules for claimants moving from Disability Living Allowance (DLA) to Personal Independence Payment (PIP).
It mandates that if a claimant has a 'good reason' for failing to provide information or attend a consultation, their DLA award must be reinstated as if it had never ended.
Amendment of the Universal Credit (Transitional Provisions) Regulations 2014
11 In regulation 55 of the Universal Credit (Transitional Provisions) Regulations 2014 (the transitional element - initial amount and adjustment where other elements increase)-
- (a) in paragraph (4), for 'paragraphs (5) and (5A)' substitute 'paragraphs (5), (5A) and (5B)';
- (b) after paragraph (5A), insert-
'(5B) In an assessment period where-
- (a) the carer element has been replaced by the LCW element or the LCWRA element, or
- (b) the LCW element or the LCWRA element has been replaced by the carer element,
the 'relevant increase' is to be treated as the net increase (if any) produced by deducting the amount of the element which is being removed from the amount of the element replacing it.';
- (c) in paragraph (6)-
- (i) after 'In this regulation,' insert ''carer element',';
- (ii) after ''housing costs element'' omit ', 'LCW element'';
- (d) after paragraph (6), insert-
'(7) In this regulation, 'LCW element' has the same meaning as in regulation 27 of the Universal Credit Regulations 2013 as it has effect apart from the amendments made by regulation 4(4) of the Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017.'.
This section adjusts how 'transitional elements' in Universal Credit are calculated when a claimant switches between a carer element and a limited capability for work (LCW) or work-related activity (LCWRA) element.
It specifies that only the net increase in the payment amount is used to reduce the transitional protection, rather than the full value of the new element.
Amendment of the Universal Credit, Personal Independence Payment and Employment and Support Allowance (Amendment) Regulations 2026
- 12 In regulation 1 of the Universal Credit, Personal Independence Payment and Employment and Support Allowance (Amendment) Regulations 2026 (citation, commencement and extent)-
- (a) in paragraph (2), for 'Any' substitute 'Subject to paragraph (3), any';
- (b) after paragraph (2), insert-
- '(3) Regulation 3 extends to England and Wales only.'.
This section amends a previous set of regulations to clarify that a specific provision (Regulation 3 of S.I. 2026/395) applies only in England and Wales.
This corrects a technical error regarding the geographical jurisdiction of that instrument.
Related
The Employment Rights Act 2025 (Commencement No. 6 and Transitional and Saving Provisions) Regulations 2026
Commenced workplace sexual harassment protections and expanded trade union recognition and access rights from 30 October 2026.
Read MoreThe Air Navigation (Restriction of Flying) (Tottenham, London) (No. 2) Regulations 2026
Prohibited unmanned aircraft from flying below 1,100 feet within a 0.25 nautical mile radius of Tottenham Hotspur Stadium on two specific dates in October 2026.
Read MoreThe Air Navigation (Restriction of Flying) (Windsor) Regulations 2026
Established a temporary restricted airspace around Windsor for a state visit on 20 October 2026.
Read MoreThe Access to the Countryside (Coastal Margin) (Kimmeridge Bay to Highcliffe) (No. 2) Order 2026
Set 2nd October 2026 as the commencement date for new public access rights on segments of the Dorset coast path.
Read More