The Income Support (General) Amendment (No. 3) Regulations 1992

Statutory Instruments

1992 No. 2804

SOCIAL SECURITY

The Income Support (General) Amendment (No. 3) Regulations 1992

Made

10th November 1992

Laid before Parliament

12th November 1992

Coming into force

3rd December 1992

The Secretary of State for Social Security in exercise of the powers conferred bysections 124(1)(d), 137(1) and 175(1) to (5) of the Social Security Contributions and Benefits Act 1992(1), and of all other powers enabling him in that behalf, after reference to the Social Security Advisory Committee(2), hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Income Support (General) Amendment (No.3) Regulations 1992 and shall come into force on 3rd December 1992.

(2) In these Regulations “ the principal Regulations” means the Income Support (General) Regulations 1987(3).

Amendment of regulation 10A of the principal Regulations

2.  In regulation 10A of the principal Regulations (actively seeking employment) for paragraph (2) the following paragraph shall be substituted—

“(2) A claimant, other than a person to whom regulation 10(1)(h) applies, shall not be required to be a person who is actively seeking employment during any week in which—

(a) the claimant—

(i) is a single woman and is pregnant, and

(ii) the adjudication officer is satisfied that, unless income support is paid, the claimant will suffer hardship; or

(b) the claimant is a member of a married or unmarried couple where—

(i) one member of that couple is pregnant, and

(ii) the adjudication officer is satisfied that, unless income support is paid, that member will suffer hardship; or

(c) the claimant is a member of a married or unmarried couple where—

(i) he or his partner, or both of them, are responsible for a child or young person, and

(ii) the adjudication officer is satisfied that, unless income support is paid, the child or young person will suffer hardship; or

(d) the claimant’s applicable amount includes a disability premium under Part III of Schedule 2 (premiums) and the adjudication officer is satisfied that, unless income support is paid, the person, whether the claimant or his partner, who satisfies the additional condition in paragraph 12 of that Schedule for the award of the premium will suffer hardship.”.

Signed by authority of the Secretary of State for Social Security.

Alistair Burt

Parliamentary Under-Secretary of State,

Department of Social Security

10th November 1992

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Income Support (General) Regulations 1987 so as to except a claimant for income support from the requirement that he is actively seeking employment where—

(a) the claimant is a single woman and is pregnant;

(b) the claimant is a member of a married or unmarried couple one of whom is pregnant;

(c) the claimant is a member of a married or unmarried couple where either or both of that couple are responsible for a child or young person, or

(d) the claimant’s applicable amount includes a disability premium in respect of himself or his partner,

and the adjudication officer is satisfied that unless income support is paid hardship will be suffered by a specified person.

The report of the Social Security Advisory Committee dated 28th October 1992 on the draft of these Regulations which had been referred to them, together with a statement showing why the Regulations give effect to the Committee’s recommendations only in part, is contained in Command Paper No. 2099 published by Her Majesty’s Stationery Office.

(1)

1992 c. 4; section 137(1) is an interpretation provision and is cited because of the meaning ascribed to the word “ prescribed”.

(2)

See the Social Security Administration Act 1992 (c. 5), section 172(1).

(3)

S.I. 1987/1967; relevant amending instrument is S.I. 1989/1323.