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- Point in Time (24/05/1998)
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Version Superseded: 27/10/2008
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75. For the purposes of regulation 73 (amount of income support payable for part-weeks), a claimant’s income and the income of any person which the claimant is treated as possessing under section 22(5) of the Act or regulation 23(3) shall be calculated in accordance with Part V and, where applicable, VI subject to the following modifications—
(a)any income which is due to be paid in the relevant week shall be treated as paid on the first day of that week;
(b)any income support, [F2jobseeker’s allowance], [F3maternity allowance,] [F4short-term or long-term incapacity benefit], or severe disablement allowance F5... payable in the relevant week but not in respect of any day in the part-week shall be disregarded;
(c)where the part-week occurs at the end of the claim, any income or any change in the amount of income of the same kind which is first payable within the relevant week but not on any day in the part-week shall be disregarded;
(d)where the part-week occurs immediately after a period in which a person was treated as engaged in remunerative work under regulation 5(5) (persons treated as engaged in remunerative work) any earnings which are taken into account for the purposes of determining that period shall be disregarded;
(e)where regulation 74(2) (relevant week) applies, any payment of income which—
(i)is the final payment in a series of payments of the same kind or, if there has been an interruption in such payments, the last one before the interruption;
(ii)is payable in respect of a period not exceeding a week; and
(iii)is due to be paid on a day which falls within both the first and second relevant weeks,
shall be taken into account in either the first relevant week or, if it is impracticable to take it into account in that week, in the second relevant week; but this paragraph shall not apply to a payment of income support, [F6jobseeker’s allowance], [F7maternity allowance,] [F8short-term or long-term incapacity benefit] or severe disablement allowanceF9...;
(f)where regulation 74(2) applies, any payment of income which—
(i)is the final payment in a series of payments of the same kind or, if there has been an interruption in such payments, the last one before the interruption;
(ii)is payable in respect of a period exceeding a week but not exceeding 2 weeks; and
(iii)is due to be paid on a day which falls within both the first and second relevant weeks,
shall be disregarded; but this sub-paragraph shall not apply to a payment of income support, [F10jobseeker’s allowance], [F11maternity allowance,] [F8short-term or long-term incapacity benefit], or severe disablement allowanceF9...;
(g)where regulation 74(2) applies, if the weekly amount of any income which is due to be paid on a day which falls within both the first and second relevant weeks is more than the weekly amount of income of the same kind due to be paid in the last complete benefit week, the excess shall be disregarded;
(h)where only part of the weekly amount of income is taken into account in the relevant week, the balance shall be disregarded.]
Textual Amendments
F1Pt. 7 inserted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 27
F2Words in reg. 75(b) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/206), regs. 1(1), 20
F3Words in reg. 75(b) inserted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 17
F4Words in reg. 75(b) substituted (13.4.1995) by The Disability Working Allowance and Income Support (General) Amendment Regulations 1995 (S.I. 1995/482), regs. 1(1), 13 (with reg. 1(4))
F5Words in reg. 75(b) omitted (13.4.1995) by virtue of The Disability Working Allowance and Income Support (General) Amendment Regulations 1995 (S.I. 1995/482), regs. 1(1), 13 (with reg. 1(4))
F6Words in reg. 75(e) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/206), regs. 1(1), 20
F7Words in reg. 75(e) inserted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 17
F8Words in reg. 75(e)(f) substituted (13.4.1995) by The Disability Working Allowance and Income Support (General) Amendment Regulations 1995 (S.I. 1995/482), regs. 1(1), 13 (with reg. 1(4))
F9Words in reg. 75(e)(f) omitted (13.4.1995) by virtue of The Disability Working Allowance and Income Support (General) Amendment Regulations 1995 (S.I. 1995/482), regs. 1(1), 13 (with reg. 1(4))
F10Words in reg. 75(f) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/206), regs. 1(1), 20
F11Words in reg. 75(f) inserted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 17
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