Asked by: Lisa Nandy (Labour - Wigan)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, what financial support is available to parents after the stillbirth of a child.
Answered by Mims Davies - Parliamentary Under-Secretary (Department for Work and Pensions)
Government recognises that stillbirth and neonatal death are extremely sad and difficult for parents and families.
To protect a woman’s health and wellbeing, where qualifying conditions are met, a woman is eligible for maternity payments in the sad event that her baby is stillborn from the start of the 24th week of pregnancy or if her baby sadly dies shortly after birth at any point in the pregnancy.
There are two maternity payments available: Statutory Maternity Pay (SMP) paid by employers to qualifying employed women and Maternity Allowance (MA) paid by the Department for Work and Pensions to eligible women (including the self-employed and those employed women who cannot get SMP).
Both SMP and MA are paid for 39 weeks. For SMP, the first six weeks are paid at a weekly rate equal to 90 percent of the woman's average weekly earnings, with no upper limit, followed by 33 weeks at the lower of either the standard rate or 90 percent of the woman's average weekly earnings. MA is paid at either the standard rate or 90 percent of the woman's average weekly earnings, whichever is the lower, for the whole 39 week-period. The standard rate for both SMP and MA is £172.48 per week (2023/24).
A Sure Start Maternity Grant of £500 may be payable for a stillbirth if at the time of the claim the claimant is in receipt of an income related benefit such as Universal Credit. A Sure Start Maternity Grant is usually only paid for the first child.
Depending on individual circumstances, additional financial support may be available for parents through the benefit system, for example Universal Credit.
Asked by: Dan Jarvis (Labour - Barnsley Central)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, for what reason (a) statutory maternity pay is treated as earned income and (b) maternity allowance is treated as unearned income for the purposes of calculating universal credit.
Answered by Guy Opperman - Parliamentary Under-Secretary (Department for Transport)
Universal Credit is a means tested system of support and where an individual claims Universal Credit, their award is adjusted to take account of any other financial support that the claimant is already receiving – including earnings, income and benefits.
Maternity Allowance is a benefit paid by the State which is unearned income for Universal Credit purposes. Unearned income that is available to help meet daily living costs is taken fully into account in determining the amount of Universal Credit that an individual can be paid. As such, in determining the amount of Universal Credit that is available, Maternity Allowance is deducted pound for pound from the total value of the award. This principle applies to other benefits, such as new style Jobseeker’s Allowance and new style Employment and Support Allowance.
Maternity Pay (SMP) is more akin to earnings and is treated as a form of earnings in common with other statutory payments paid by employers. As a result, when adjusting the Universal Credit award, as with other earnings SMP is subject to the work allowance and tapering rules that are built into Universal Credit. Claimants retain 37p for every pound of earnings (or more if they are entitled to a work allowance).
Asked by: Navendu Mishra (Labour - Stockport)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, if she will (a) increase the rate of maternity allowance or (b) exclude maternity allowance as unearned income when claiming universal credit.
Answered by Guy Opperman - Parliamentary Under-Secretary (Department for Transport)
The Government has no plans to review the rate of Maternity Allowance. Maternity Allowance is intended to enable eligible pregnant women and new mothers, who cannot get Statutory Maternity Pay, such as the low paid and the self-employed to prepare for, and recover from birth and to bond with their child. We believe that the rate of Maternity Allowance available allows most mothers to do this.
There are no plans to change the way that Maternity Allowance is treated in Universal Credit. Universal Credit is a means tested system of support, and where an individual claims Universal Credit, their award is adjusted to take account of any other financial support that the claimant is already receiving – including earnings, other income and benefits. Maternity Allowance is a benefit paid by the State which is unearned income. Unearned income that is available to help meet daily living costs is taken fully into account in determining the amount of Universal Credit that an individual is entitled to. As such, in determining the entitlement to Universal Credit, Maternity Allowance is deducted pound for pound from the total value of the award. This principle applies to other benefits.
Asked by: Owen Thompson (Scottish National Party - Midlothian)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, what estimate her Department has made of the annual cost of ending the differential treatment of maternity allowance and statutory maternity pay in the calculation of universal credit awards.
Answered by Mims Davies - Parliamentary Under-Secretary (Department for Work and Pensions)
No such estimate has been made as Statutory Maternity Pay is paid by an employer and is considered to be earned income, which can be taxed, and is therefore a form of earnings subject to Universal Credit’s Work Allowance (where a claimant is eligible) and tapering, in the same way as other earned income.
Maternity Allowance is paid by the Department to people who are not eligible for Statutory Maternity Pay but who do meet the eligibility criteria for the allowance. The rate varies according to the criteria fulfilled which principally covers employed people who have worked less than the time before they become eligible for Statutory Maternity Pay, self-employed people and people out of work.
It is a longstanding principle of the welfare system that benefits are not paid to claimants with income available from other sources to support themselves. Unearned income, which is provided to meet everyday living costs, is taken into account in the calculation of Universal Credit and benefit entitlement may be adjusted accordingly.
Asked by: Mark Tami (Labour - Alyn and Deeside)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, if she will make it her policy to relax the qualifying conditions for Statutory Sick Pay to enable people contracted for 16 hours per week on the minimum wage to claim that benefit after they have been on the Coronavirus Job Retention Scheme in line with (a) Maternity Allowance, (b) Statutory Maternity Pay, (c) Statutory Paternity Pay, (d) Statutory Adoption Pay, (e) Statutory Shared Parental Pay and (f) Statutory Parental Bereavement Pay (Normal Weekly Earnings etc.) (Coronavirus) (Amendment) Regulations 2020.
Answered by Justin Tomlinson
This government has a strong safety net that helps people who are facing hardship and are unable to support themselves financially.
Individuals who meet the eligibility criteria, receive a flat rate of SSP at £95.85 per week irrespective of their wage. Since SSP is paid at a flat rate rather than being earnings-related, the impact on individuals whose salary is paid at a reduced rate under the Coronavirus Job Retention Scheme is not as significant as for the statutory payments covered by those regulations. We will continue to review the situation and take appropriate measures in line with further developments.
SSP is just one part of our welfare safety net and our wider offer to support people in times of need. Many of those on low incomes are already in receipt of benefits. For those on Universal Credit, their award will rise if their income falls. Those who are not already in receipt of benefits may be able to claim Universal Credit and new style Employment and Support Allowance, depending on their personal circumstances, to support them when they are unable to work. We have ensured that benefits are easily accessible and more supportive for those who need to make a claim which will help millions of people most in need.
Asked by: Graham Brady (Conservative - Altrincham and Sale West)
Question to the Leader of the House:
To ask the Leader of the House, what covid-19 related provisions the Government has put in place since 1 March 2020; under what statutory powers each provision was put in place; on what date each provision was (a) announced and (b) laid before Parliament; and on what date each provision (i) came into force and (ii) was approved by Parliament.
Answered by Jacob Rees-Mogg
Since 1 March 2020, and as of Monday 20 July, the Government has laid 127 statutory instruments in response to the Coronavirus pandemic. This has enabled the Government to swiftly put in place the legislation needed and we will continue to bring forward further SIs for Parliament to consider, as required. The table below provides a list of each SI, outlining the powers it was made under; the date it was laid before Parliament; the date the SI came into force; and, where applicable, the date it was approved by Parliament.
The Government continues to make every effort to ensure that announcements are made in good time ahead of the legislation being brought forward, while balancing the need for urgent action to deal with the pandemic.
Table of Statutory Instruments laid since 1 March 2020
Department | Title | Power it is made under | Procedure | Laying date | Coming into force date | Approved in Parliament |
DHSC | The Health Protection (Notification) (Amendment) Regulations 2020 | Public Health (Control of Disease) Act 1984 | Negative | 06/03/20 | 05/03/20 | N/A |
DWP | The Statutory Sick Pay (General) (Coronavirus Amendment) Regulations 2020 | Social Security Contributions and Benefits Act 1992 | Negative | 12/03/20 | 13/03/20 | N/A |
DWP | Universal Credit and Employment Support Allowance Amendment Regulations 2020 and their | Social Security Contributions and Benefits Act 1992 | Negative | 12/03/20 | 13/03/20 | N/A |
DWP | Universal Credit and Employment Support Allowance Amendment (Northern Ireland) Regulations 2020 | Social Security Contributions and Benefits Act 1992 | Negative | 12/03/20 | 13/03/20 | N/A |
DWP | The Statutory Sick Pay (General) (Coronavirus Amendment) No.2 Regulations 2020 | Social Security Contributions and Benefits Act 1992 | Negative | 16/03/20 | 17/03/20 | N/A |
HMT | Financial Services and Markets Act 2000 (Exemption) (Amendment) Order 2020 | Financial Services and Markets Act 2000 | Negative | 20/03/20 | 23/03/20 | N/A |
Defra | Single Use Carrier Bags Charges (England) (Amendment) Order 2020 | Climate Change Act 2008 | Negative | 20/03/20 | 21/03/20 | N/A |
MHCLG | Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2020 | Town and Country Planning Act 1990 | Negative | 23/03/20 | 24/03/20 | N/A |
DHSC | The Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 | Public Health (Control of Disease) Act 1984 | Made affirmative | 23/03/20 | 21/03/20 | The regulations were revoked before they could be approved. |
DfT | Street and Road Works (Amendments Relating to Electronic Communications) (England) (Amendment) Regulations 2020 | The New Roads and Street Works Act 1991 and The Traffic Management Act 2004 | Negative | 26/03/20 | 30/03/20 | N/A |
DHSC | The National Health Service (Amendments Relating to the Provision of Primary Care Services During a Pandemic etc.) Regulations 2020 | The National Health Service Act 2006 | Negative | 26/03/20 | 27/03/20 | N/A |
DHSC | Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 | The Public Health (Control of Disease) Act 1984 | Made affirmative | 26/03/20 | 26/03/20 | 14/05/20 |
DWP | Occupational and Personal Pension Schemes (General Levy) (Revocation) Regulations 2020 | The Pensions Act 2004 | Negative | 27/03/20 | 31/03/20 | N/A |
BEIS | Competition Act 1998 (Health Services for Patients in England) (Coronavirus) (Public Policy Exclusion) Order 2020 | The Competition Act 1998 | Negative | 27/03/20 | 28/03/20 | N/A |
BEIS | Competition Act 1998 (Groceries) (Coronavirus) (Public Policy Exclusion) Order 2020 | The Competition Act 1998 | Negative | 27/03/20 | 28/03/20 | N/A |
BEIS | Working Time (Coronavirus) (Amendment) Regulations 2020 | The European Communities Act 1972 | Negative | 27/03/20 | 26/03/20 | N/A |
DWP | Social Security (Coronavirus) (Further Measures) Regulations 2020 | The Social Security Contributions and Benefits Act 1992; the Jobseekers Act 1995; the Housing Act 1996; The Welfare Reform Act 2012 | Negative | 27/03/20 | 30/03/20 | N/A |
DWP | NI Equivalent | The Social Security Contributions and Benefits Act 1992; the Jobseekers Act 1995; the Housing Act 1996; The Welfare Reform Act 2012 | Negative | 27/03/20 | 30/03/20 | N/A |
DWP | Statutory Sick Pay (Coronavirus) (Suspension of Waiting Days and General Amendment) Regulations 2020 | The Social Security Contributions and Benefits Act 1992; The Coronavirus Act 2020 | Negative | 27/03/20 | 28/03/20 | N/A |
DWP | NI Equivalent | The Social Security Contributions and Benefits Act 1992; The Coronavirus Act 2020 | Negative | 27/03/20 | 28/03/20 | N/A |
DWP | The Occupational and Personal Pension Schemes (General Levy) (Revocation) Regulations 2020 | The Pension Schemes Act 1993 | Negative | 27 March | 31/03/20 | N/A |
BEIS | Competition Act 1998 (Solent Maritime Crossings) (Coronavirus) (Public Policy Exclusion) Order 2020 | The Competition Act 1998 | Negative | 27/03/20 | 28/03/20 | N/A |
HO | Police Act 1997 (Criminal Records) (Amendment) Regulations 2020 | The Police Act 1997 | Negative | 27/03/20 | 28/03/20 | N/A |
HO | Investigatory Powers (Temporary Judicial Commissioners and Modification of Time Limits) Regulations 2020 | The Coronavirus Act 2020 | Negative | 27 March | 27/03/20 | N/A |
BEIS | The Feed-in Tariffs (Amendment) (Coronavirus) Order 2020 | The Energy Act 2008 | Negative | 30 March | 31/03/20 | N/A |
DfT | The Motor Vehicles (Tests) (Amendment) Regulations 2020 | The Road Traffic Act 1988 | Negative | 30/03/20 | 31/03/20. | N/A |
DHSC | Nursing and Midwifery Council (Emergency Procedures) (Amendment) Rules 2020 Order of Council 2020 | The Nursing and Midwifery Order 2001 | Negative | 30/03/20 | 31/03/20 | N/A |
HO | Coronavirus (Retention of Fingerprints and DNA Profiles in the Interests of National Security) Regulations 2020 | Coronavirus Act 2020 | Negative | 01/04/20 | 02/04/20 | N/A |
MHCLG | The Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 | The Police Reform and Social Responsibility Act 2011 | Negative | 02/04/20 | 04/04/20 | N/A |
DWP | The Social Security (Coronavirus) (Further Measures) Amendment Regulations 2020 | The Housing Act 1996 and the Welfare Reform Act 2012 | Negative | 3 April | 06/04/20 | N/A |
DWP | The Social Security (Coronavirus) (Further Measures) Amendment Regulations (Northern Ireland) 2020 | The Welfare Reform (Northern Ireland) Order 2015 | Negative | 3 April | 06/04/20 | N/A |
MHCLG | The Local Government and Police and Crime Commissioner (Coronavirus) (Postponement of Elections and Referendums) (England and Wales) Regulations 2020 | The Coronavirus Act 2020 | Negative | 6 April | 07/04/20 | N/A |
MoJ | The Prison and Young Offender Institution (Coronavirus) (Amendment) Rules 2020 | The Prison Act 1952 | Negative | 6 April | 06/04/20 | N/A |
MoJ | The Offender Management Act 2007 (Coronavirus) (Approved Premises) Regulations 2020 | The Offender Management Act 2007 | Negative | 6 April | 06/04/20 | N/A |
DWP | The Social Security (Coronavirus) (Prisoners) Regulations 2020 | The Social Security Contributions and Benefits Act 1992 The Jobseekers Act 1995 The State Pension Credit Act 2002 The Welfare Reform Act 2007 The Welfare Reform Act 2012 | Negative | 7 April | 08/04/20 | N/A |
DWP | The Social Security (Coronavirus) (Prisoners) Regulations 2020 Northern Ireland | The Social Security Contributions and Benefits (Northern Ireland) Act 1992 The Jobseekers (Northern Ireland) Order 1995 The State Pension Credit Act (Northern Ireland) 2002 The Welfare Reform Act (Northern Ireland) 2007 The Welfare Reform (Northern Ireland) Order 2015 | Negative | 7 April | 08/04/20 | N/A |
DWP | Social Fund Funeral Expenses Payment (Coronavirus) (Amendment) Regulations 2020 | The Social Security Contributions and Benefits Act 1992 | Negative | 7 April | 08/04/20 | N/A |
MHCLG | Accounts and Audit (Coronavirus) (Amendment) Regulations 2020 | The Local Audit and Accountability Act 2014 | Negative | 7 April | 30/04/20 | N/A |
MHCLG | Town and Country Planning (General Permitted Development) (Coronavirus) (England) (Amendment) Order 2020 | The Town and Country Planning Act 1990 | Negative | 08/04/20 | 09/04/20 | N/A |
DHSC | The National Health Service (Performers List) (England) (Coronavirus) (Amendment) Regulations 2020 | The National Health Service Act 2006 | Negative | 08/04/20 | 09/04/20 | N/A |
MoJ | The Criminal Procedure (Amendment No. 2) (Coronavirus) Rules 2020 | The Courts Act 2003 | Negative | 09/04/20 | 14/04/20 | N/A |
MoJ | The Electronic Monitoring (Responsible Persons) Order 2020 | The Criminal Justice and Court Services Act 2000 | Negative | 09/04/20 | 10/04/20 | N/A |
MoJ | Tribunal Procedure (Coronavirus) (Amendment) Rules 2020 | The Tribunals, Courts and Enforcement Act 2007 | Negative | 09/04/20 | 10/04/20 | N/A |
MoJ | Employment Appeals (Coronavirus) (Amendment) Rules 2020 | The Employment Tribunals Act 1996 | Negative | 09/04/20 | 10/04/20 | N/A |
DWP | The Statutory Sick Pay (General) (Coronavirus Amendment) (No. 3) Regulations 2020 | The Social Security Contributions and Benefits Act 1992 | Negative | 15/04/20 | 16/04/20 | N/A |
BEIS | Land Registry Amendment 2020 | The Land Registration Act 2002 | Negative | 15/04/20 | 16/04/20 | N/A |
MHCLG | The Local Government (Coronavirus) (Structural Changes) (Consequential Amendments) (England) Regulations 2020. | The Coronavirus Act 2020 | Negative | 16 April | 08/04/20 | N/A |
DHSC | The Safeguarding Vulnerable Groups Act 2006 (Regulated Activities) (Coronavirus) Order 2020 | The Safeguarding Vulnerable Groups Act 2006 | Negative | 17/04/20 | 17/04/20 | N/A |
BEIS | Competition Act 1998 (Health Services for Patients in Wales) (Coronavirus) (Public Policy Exclusion) Order 2020 | The Competition Act 1998 | Negative | 20/04/20 | 21/04/20 | N/A |
BEIS | Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) (Coronavirus) (Amendments) 2020 | The European Communities Act 1972 | Negative | 22/04/20 | 23/04/20 | N/A |
DHSC | Health Protection (Coronavirus, Restrictions) (England) (Amendment) Regulations 2020 | The Public Health (Control of Disease) Act 1984 | Made affirmative | 22/04/20 | 22/04/20 | 14/05/20 |
DfE | The Adoption and children (coronavirus) (amendment) Regulations 2020. | The Children Act 1989 The Care Standards Act 2000 The Adoption and Children Act 2002 The Children Act 2004 The Education and Inspections Act 2006 | Negative | 23/04/20 | 24/04/20 | N/A |
MHCLG | The Non-Domestic Rating (Transitional Protection Payments and Rates Retention) (Coronavirus) (Amendment) Regulations 2020 | The Local Government Finance Act 1988 | Negative | 23/04/20 | 1(2)Subject to paragraph (3), these Regulations come into force on 15th May 2020. | N/A |
DfE | The School Admissions (Appeals Arrangements) (England) (Amendment) (Coronavirus) Regulations 2020. | The School Standards and Framework Act 1998 | Negative | 23/04/20 | 24/04/20 | N/A |
DfE | The Early Years Foundation Stage (learning and development requirements) and (Welfare requirements) Miscellaneous provisions) (amendment) (coronavirus) Regulations 2020. | The Childcare Act 2006 | Negative | 23/04/20 | 24/04/20 | N/A |
MoJ | The Taking Control of Goods and Certification of Enforcement Agents (Amendment) (Coronavirus) Regulations 2020 | The Tribunals, Courts and Enforcement Act 2007 | Negative | 24/04/20 | 25/04/20 | N/A |
DWP | The Maternity Allowance, Statutory Maternity Pay, Statutory Adoption Pay, Statutory Paternity Pay, Statutory Shared Parental Pay and Statutory Parental Bereavement Pay (Normal Weekly Earnings etc.) (Coronavirus) (Amendment) Regulations 2020. | The Social Security Contributions and Benefits Act 1992 | Negative | 24/04/20 | 25/04/20 | N/A |
DWP | The State Pension Credit (Coronavirus) (Electronic Claims) Regulations 2020 | The Social Security Administration Act 1992 | Negative | 27/04/20 | 04/05/20 | N/A |
DHSC | National Health Service (Quality Accounts) (Amendment) (Coronavirus) Regulations 2020 | The Health Act 2009 | Negative | 28/04/20 | 29/05/20 | N/A |
HO | The Misuse of Drugs (Amendments) (Pandemic supply) Regulations 2020 | The Misuse of Drugs Act 1971 | Negative | 29/04/20 | 29/05/20 | N/A |
DfE | The Special Educational Needs and Disability (Coronavirus) (Amendment) Regulations 2020 | The Children and Families Act 2014 The Education Act 1996 | Negative | 30/04/20 | 01/05/20 | N/A |
DfE | The Education (School Teachers' Qualifications and Induction Arrangements) (England) (Coronavirus) (Amendment) Regulations 2020 | The Education Act 2002 | Negative | 30/04/20 | 21/05/20 | N/A |
MoJ | Criminal Legal Aid (Coronavirus, Remuneration) (Amendment) Regulations 2020 | The Legal Aid, Sentencing and Punishment of Offenders Act 2012 | Negative | 30/04/20 | 01/05/20 | N/A |
Defra | The Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) (Amendment) (England) Regulations 2020. | The European Communities Act 1972 Article 78(b) of Regulation (EU) 1306/2013 of the European Parliament and of the Council | Negative | 01/05/20 | 15/05/20 | N/A |
BEIS | Competition Act 1998 (Dairy Produce) (Coronavirus) (Public Policy Exclusion) Order 2020 | Competition Act 1998 | Negative | 01/05/20 | 01/05/20 | N/A |
HMT | Financial Services and Markets Act 2000 (Regulated Activities) (Coronavirus) (Amendment) Order 2020 | Financial Services and Markets Act 2000 | Negative | 01/05/20 | 04/05/20 | N/A |
DHSC | Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 2) Regulations 2020 | Public Health (Control of Disease) Act 1984 | Made affirmative | 13/05/20 | 13/05/20 | 15/06/20 |
MHCLG | The Town and Country Planning (Development Management Procedure) (England) (Coronavirus)(Amendment) Order 2020 | European Communities Act 1972 | Negative | 13/05/20 | 14/05/20 | N/A |
HMRC | The Individual Savings Account (Amendment No 3) Regulations 2020 | Finance Act 1993; Income Tax (Trading and Other Income) Act 2005; Finance Act 2016 | Negative | 14/05/20 | 04/06/20 | N/A |
Defra | The Direct Payments (Application Deadlines) (Coronavirus) (Amendment) (England) Regulations 2020 | Article 78(b)(1) of Regulation (EU) 1306/2013 of the European Parliament and of the Council | Negative | 14/05/20 | 15/05/20 | N/A |
MoJ | Prison and Young Offender Institution (Coronavirus) (Amendment) (No. 2) Rules 2020 | Prison Act 1952 | Negative | 14/05/20 | 15/05/20 | N/A |
DWP | Statutory Sick Pay (Coronavirus) (Funding of Employers' Liabilities) Regulations 2020 | Social Security Contributions and Benefits Act 1992 | Negative | 15/05/20 | 26/05/20 | N/A |
DWP | Statutory Sick Pay (Coronavirus) (Funding of Employers' Liabilities) Northern Ireland Regulations 2020 | Social Security Contributions and Benefits (Northern Ireland) Act 1992 | Negative | 15/05/20 | 26/05/20 | N/A |
MoJ | The Civil Legal Aid (Remuneration) (Amendment) (Coronavirus) Regulations 2020 | Legal Aid, Sentencing and Punishment of Offenders Act 2012 | Negative | 18/05/20 | 08/06/20 | N/A |
DWP | Universal Credit (Coronavirus) (Self-employed Claimants and Reclaims) (Amendment) Regulations 2020 | The Social Security Administration Act 1992; Welfare Reform Act 2012 | Negative | 20/05/20 | 21/05/20 | N/A |
DWP | Universal Credit (Coronavirus) (Self-employed Claimants and Reclaims) (Amendment) Regulations (Northern Ireland) 2020 | Social Security Administration (Northern Ireland) Act 1992 | Negative | 20/05/20 | 21/05/20 | N/A |
BEIS | Electricity Capacity (Amendment etc.) (Coronavirus) Regulations 2020 | Income Tax (Earnings and Pensions) Act 2003 | Draft affirmative | 20/05/20 | N/A | 02/07/20 |
HMRC | The Income Tax (Exemption for Coronavirus Related Home Office Expenses) Regulations 2020 | Income Tax (Earnings and Pensions) Act 2003 | Negative | 21/05/20 | 11/06/20 | N/A |
HMRC | The Social Security Contributions (Disregarded Payments) (Coronavirus) Regulations 2020 | Social Security Contributions and Benefits Act 1992 | Negative | 21/05/20 | 11/06/20 | N/A |
HMRC | The Tax Credits (Miscellaneous Amendments) Regulations 2020 | Tax Credits Act 2002 | Negative | 22/05/20 | 23/05/20 | N/A |
DfT | The Traffic Order Procedure (England) (Coronavirus) (Amendment) Regulations 2020 | Road Traffic Regulation Act 1984 | Negative | 22/05/20 | 23/05/20 | N/A |
DWP | The Statutory Sick Pay (General) (Coronavirus Amendment) (No. 4) Regulations 2020 | Social Security Contributions and Benefits Act 1992 | Negative | 27/05/20 | 28/05/20 | N/A |
DfE | Independent Schools (DBS Checks) (Coronavirus) SI | Education and Skills Act 2008 | Negative | 28/05/20 | 18/06/20 | N/A |
DfE | The Education (Pupil Registration) (England) (Coronavirus) (Amendment) Regulations 2020 | Education Act 1996 | Negative | 28/05/20 | 01/06/20 | N/A |
DfE | The School Discipline (England) (Coronavirus) (Pupil Exclusions and Reviews) (Amendment) Regulations 2020 | Education Act 2002 | Negative | 28/05/20 | 01/06/20 | N/A |
DfE | The Schools Forums (England) (Coronavirus) (Amendment) Regulations 2020 | School Standards and Framework Act 1998 | Negative | 28/05/20 | 18/06/20 | N/A |
DHSC | Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 3) Regulations 2020 | Public Health (Control of Disease) Act 1984 | Made affirmative | 01/06/20 | 01/06/20 | 25/06/20 |
AG | Prosecution of Offences Act 1985 (Specified Proceedings) (Amendment) Order 2020 | Prosecution of Offences Act 1985 | Negative | 02/06/20 | 02/06/20 | N/A |
DHSC | The Human Fertilisation and Embryology (Statutory Storage Period for Embryos and Gametes) (Coronavirus) Regulations 2020 | Human Fertilisation and Embryology Act 1990 | Negative | 03/06/20 | 01/07/20 | N/A |
DHSC | Health Protection (Coronavirus, Public Health Information for Passengers Travelling to England) Regulations 2020 | Public Health (Control of Disease) Act 1984 | Negative | 03/06/20 | 08/06/20 | N/A |
DfT | The Health Protection (Coronavirus, Public Health Advice for Passengers) (England) Regulations 2020 | Public Health (Control of Disease) Act 1984 | Negative | 03/06/20 | 08/06/20 | N/A |
DfE | The Higher Education (Fee Limits and Student Support) (England) (Coronavirus) SI | Higher Education and Research Act 2017; Teaching and Higher Education Act 1998 | Draft affirmative | 04/06/20 | N/A | 02/07/20 |
BEIS | Contracts for Difference (Electricity Supplier Obligations) | Energy Act 2013 | Draft affirmative | 04/06/20 | N/A | 02/07/20 |
Defra | Direct Payments to Farmers (Inspections) (Coronavirus) (England) Regulations 2020 | Article 62(2)(1) of Regulation (EU) No 1306/2013 of the European Parliament and of the Council | Negative | 09/06/20 | 30/06/20 | N/A |
DHSC | Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 4) Regulations 2020 | Public Health (Control of Disease) Act 1984 | Made affirmative | 12/06/20 | 13/06/20 | The regulations were revoked before they could be approved. |
DfT/DHSC | The Health Protection (Coronavirus, Wearing of Face Coverings on Public Transport) (England) Regulations 2020 (S.I., 2020, No. 592) | Public Health (Control of Disease) Act 1984 | Made affirmative | 15/06/21 | 15/06/20 | 08/07/20 |
DfE | The Education (Pupil Information) (England) (Coronavirus) (Amendment) Regulations 2020 | Education Act 1996 | Negative | 18/06/20 | 09/07/20 | N/A |
MHCLG | The Business Tenancies (Restriction on Forfeiture: Relevant Period) (Coronavirus) (England) Regulations 2020 | Coronavirus Act 2020 | Negative | 19/06/20 | 29/06/20 | N/A |
MoJ | Taking Control of Goods and Certification of Enforcement Agents (Amendment) (No.2) (Coronavirus) Regulations 2020 | Tribunals, Courts and Enforcement Act 2007 | Negative | 19/06/20 | 24/06/20 | N/A |
MoJ | Competition Appeals Tribunal | Crime and Courts Act 2013 | Draft affirmative | 22/06/20 | N/A | 15/07/20 |
BEIS | Enterprise Act 2002 (Specification of Additional Section 58 Consideration) Order 2020 | Enterprise Act 2002 | Made affirmative | 22/06/20 | 23/06/20 | 15/07/20 |
HMRC | The Life Assurance Scheme (English and Welsh Schemes) (Excluded Benefits for Tax Purposes) Regulations 2020 | Income Tax (Earnings and Pensions) Act 2003 | Negative | 22/06/20 | 13/07/20 | N/A |
MHCLG | The Town and Country Planning (Permitted Development and Miscellaneous Amendments) (England) (Coronavirus) Regulations 2020 | Town and Country Planning Act 1990 | Negative | 24/06/20 | 25/06/20 | N/A |
BEIS | The Limited Liability Partnerships (Amendment etc.) Regulations 2020 | Limited Liability Partnerships Act 2000 | Negative | 26/06/20 | 26/06/20 | N/A |
BEIS | The Companies etc. (Filing Requirements) (Temporary Modifications) Regulations 2020 Negative Procedure | Companies Act 2006; Corporate Insolvency and Governance Act 2020 | Negative | 26/06/20 | 27/06/20 | N/A |
BEIS | Patents, Trade Marks and Registered Designs (Fees) (Coronavirus) (Amendment) Rules 2020 | Trade Marks Act 1994; Registered Designs Act 1949 | Negative | 29/06/20 | 30/07/20 | N/A |
DfT | Electric Scooter (Trials) Regulations - (working title) | Vehicle Excise and Registration Act 1994; Road Traffic Act 1988; Road Traffic Regulation Act 1984 | Negative | 30/06/20 | 04/07/20 | N/A |
HMRC | The Childcare Payments (Miscellaneous Amendments) Regulations 2020 | Childcare Payments Act 2014 | Negative | 30/06/20 | 21/07/20 | N/A |
MHCLG | Community Infrastructure Levy (Coronavirus) (Amendment)(England) Regulations 2020 | The Planning Act 2008 | Draft affirmative | 30/06/2020 | N/A | 14/07/20 |
MOJ | The Secure Training Centre (Amendment) (Coronavirus) Rules 2020 | Prison Act 1952 | Negative | 01/07/2020 | 02/07/20 | N/A |
DWP | The Statutory Sick Pay (General) (Coronavirus Amendment) (No.2) Regulations 2020 | Social Security (Incapacity for Work) Act 1994; Coronavirus Act 2020; Social Security Contributions (Transfer of Functions, etc.) Act 1999 | Negative | 03/07/20 | 06/07/20 | N/A |
DWP | The Statutory Sick Pay (General) (Coronavirus Amendment) (No.2) (Northern Ireland) Regulations 2020 | Social Security Contributions and Benefits (Northern Ireland) Act 1992; Coronavirus Act 2020 | Negative | 03/07/20 | 06/07/20 | N/A |
DHSC | Health Protection (Coronavirus, Restrictions) (Leicester) Regulations 2020 | 06/07/20 | Made affirmative | 03/07/20 | 04/07/20 | Still going through parliamentary process |
DHSC | Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 | Public Health (Control of Disease) Act 1984 | Made affirmative | 03/07/20 | 04/07/20 | Still going through parliamentary process |
DHSC | The Health Protection (Coronavirus, International Travel and Public Health Information) (England) (Amendment) Regulations 2020 | Public Health (Control of Disease) Act 1984 | Negative | 06/07/20 | 07/07/20 | N/A |
DWP | Pension Protection Fund (Moratorium and Arrangements and Reconstructions for Companies in Financial Difficulty) Regulations 2020 | The Insolvency Act 1986; The Companies Act 2006; Corporate Insolvency and Governance Act 2020 | Made affirmative | 06/07/20 | 07/07/20 | Still going through parliamentary process |
DCMS | Charitable Incorporated Organisations Moratorium Regulations 2020 | Charities Act 2011 | Made affirmative | 08/07/20 | 06/07/20 | Still going through parliamentary process |
HMRC | The Value Added Tax (Zero Rate for Personal Protective Equipment) (Coronavirus) (Amendment) Order 2020 | Value Added Tax Act 1994 | Negative | 09/07/20 | 30/07/20 | N/A |
HMRC | International Tax Enforcement (Disclosable Arrangements) (Coronavirus) (Amendment) Regulations 2020 | the Finance Act 2019 | Negative | 09/07/20 | 30/07/20 | N/A |
DfE | The Childcare (Coronavirus) (Miscellaneous) (Amendment) Regulations 2020 | the Childcare Act 2016 | Negative | 10/07/20 | 31/07/20 | N/A |
DHSC | Health Protection (Coronavirus, Restrictions) (No. 2) (England) (Amendment) Regulations 2020 | the Public Health (Control of Disease) Act 1984 | Made affirmative | 10/07/20 | 11/07/20 | Still going through parliamentary process |
DHSC | Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 2) Regulations 2020 | the Public Health (Control of Disease) Act 1984 | Negative | 10/07/20 | 11/07/20 | N/A |
HMRC | Value Added Tax (Reduced Rate) (Hospitality and Tourism) (Coronavirus) Order 2020 | the Value Added Tax Act 1994 | Negative | 14/07/20 | 15/07/20 | N/A |
MHCLG | Town and Country Planning (Local Planning) (England) (Coronavirus) (Amendment) Regulations 2020 | The Planning and Compulsory Purchase Act 2004 | Negative | 15/07/20 | 16/07/20 | N/A |
BEIS | Environmental Assessment of Plans and Programmes (Coronavirus) (Amendment) Regulations 2020 | European Union (Withdrawal) Act 2018 | Negative | 15/07/20 | 16/07/20 | N/A |
DHSC | Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020 | the Public Health (Control of Disease) Act 1984 | Made affirmative | 17/07/20 | 18/07/20 | Still going through parliamentary process |
DHSC | Health Protection (Coronavirus, Restrictions) (Leicester) (Amendment) Regulations 2020 | the Public Health (Control of Disease) Act 1984 | Made affirmative | 20/07/20 | 18/07/20 | Still going through parliamentary process |
Asked by: Sarah Olney (Liberal Democrat - Richmond Park)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, if she will make it her policy to provide additional statutory maternity pay to mothers who are unable to find childcare to enable their return to work during the covid-19 outbreak.
Answered by Mims Davies - Parliamentary Under-Secretary (Department for Work and Pensions)
Statutory Maternity Pay (SMP) and Maternity Allowance (MA) provide a measure of earnings replacement to help women who have worked during or close to their pregnancies to stop working towards the end of their pregnancy and in the months after childbirth, in the interests of their own and their babies' health and wellbeing.
We currently have no plans to extend maternity pay or allowance. If SMP or MA entitlement ends, Universal Credit and/or Employment and Support Allowance are available to claim for people unable to work because they are directly affected by coronavirus or self-isolating according to Government advice.
Asked by: Jonathan Reynolds (Labour (Co-op) - Stalybridge and Hyde)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, for what reasons statutory maternity pay and maternity allowance are treated differently under the regulatory framework for universal credit.
Answered by Mims Davies - Parliamentary Under-Secretary (Department for Work and Pensions)
Statutory Maternity Pay is paid by an employer and is considered to be earned income, which can be taxed. Maternity Allowance is a tax-free allowance and is not considered to be earned income.
Maternity Allowance is paid by the state to people who are not eligible for statutory maternity pay but who do meet the eligibility criteria for the allowance. The rate varies according to the criteria fulfilled which principally covers employed people who have worked less than the time before they become eligible for Statutory Maternity Pay, self-employed people and people out of work.
It is a longstanding principle of the welfare system that benefits are not paid to claimants with income available from other sources to support themselves. Unearned income, which is provided to meet everyday living costs, is taken into account in the calculation of UC and their benefit entitlement may be adjusted accordingly.
Asked by: Baroness Lister of Burtersett (Labour - Life peer)
Question to the Department for Work and Pensions:
To ask Her Majesty's Government why maternity allowance is not treated the same way as statutory maternity pay for the purposes of calculating Universal Credit; what estimate they have made of (1) the cost of doing so, and (2) the number of women claiming maternity allowance who are affected by that disparity, during the COVID-19 pandemic.
Answered by Baroness Stedman-Scott
It is a longstanding principle of the welfare system that benefits are not paid to claimants with income available from other sources to support themselves. Where claimants have income available to meet their everyday living costs, such as Maternity Allowance (MA), it is right that their entitlement to Universal Credit (UC) is adjusted accordingly. The general principle is that unearned income, which is provided to meet everyday living costs, is taken into account in the calculation of UC. Where claimants have income available to meet their everyday living costs, their benefit entitlement is adjusted accordingly. This is particularly the case where there would be double provision of social security benefits and the same approach is applied to Jobseeker’s Allowance and Employment and Support Allowance.
The difference in the treatment of Statutory Maternity Pay (SMP) and MA in UC is not unintended and is a consequence of the simplification of the treatment of earned income in UC. One of the simplifications introduced by UC is for information on people’s earned income to be collected automatically through revenue information which we receive from Her Majesty’s Revenue and Customs. This enables a claimant’s UC entitlement to be reassessed quickly in response to any changes in earnings.
As statutory benefits (such as SMP) are paid by employers, and are an earnings equivalent, they are treated as earned income. However, other benefits paid to meet living costs, such as MA will continue to be taken fully into account in the UC assessment, as they have been with other legacy benefits.
This simplification in the process of the treatment of earned income in UC is essential to make it responsive to changes in a claimant’s circumstances, and has been key to the vital role it has played in supporting people through this pandemic to date.
The Department has made no estimate of (1) the cost, and (2) the number of women affected by the disparity, in the treatment of MA and SMP for the purposes of calculating UC, during the COVID 19 pandemic.
Asked by: Caroline Lucas (Green Party - Brighton, Pavilion)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, pursuant to the Answer of 20 March 2020 to Question 28608, on Universal Credit, how many universal credit claims were made in 2019 by households containing a person that declared they are receiving Statutory Maternity Pay.
Answered by Mims Davies - Parliamentary Under-Secretary (Department for Work and Pensions)
Statutory Maternity Pay (SMP) is paid by an employer through their payroll system and is therefore treated as a form of earnings for the purposes of assessing entitlement to Universal Credit. Any SMP received is subject to the work allowance (where a claimant is eligible) and tapering, in the same way as other earned income. The earnings data we receive does not allow the Department to identify earnings that include SMP.
Universal Credit seeks to take earnings into account in a way that is fair and transparent. The amount of Universal Credit paid reflects, as closely as possible, the actual circumstances of a household during each monthly assessment period, including any earnings reported by their employer or employers during the assessment period, regardless of when they were paid, or which month they relate to.
Assessment periods allow for Universal Credit awards to be adjusted on a monthly basis, ensuring that if a claimant’s income changes, they do not have to wait several months for a corresponding change in their Universal Credit award. Claimants can discuss the implications of any changes in earnings with their Case Manager or Work Coach and can be referred to personal budgeting support to help them manage their budgeting.