The Income Support (General) Amendment No. 4 Regulations 1988

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Income Support (General) Amendment No. 4 Regulations 1988 and shall come into force as follows—

(a) regulations 1 and 14, on 5th September 1988;

(b) regulations 2 to 13, 15 to 17 and 19 to 26, on 12th September 1988;

(c) regulations 18, 27 and 28, on 10th April 1989.

(2) In these Regulations “the General Regulations” means the Income Support (General) Regulations 1987(1).

Amendment of regulation 2 of the General Regulations

2.  In Regulation 2(1) of the General Regulations (interpretation)—

(a) at the end of the definition of “benefit week” there shall be added the words “and for the purposes of calculating any payment of income and of regulation 74(2)(a) “benefit week” shall also mean the period of 7 days ending on the day before the first day of the first benefit week following the date of claim or the last day on which income support is paid if it is in payment for less than a week;”;

(b) after the definition of “employed earner” there shall be inserted the following definition—

““employment” except for the purposes of section 20(3)(d) of the Act, includes any trade, business, profession, office or vocation;”;

(c) for the definition of ““residential accommodation” there shall be substituted the following definition— “residential accommodation” except in regulations 19 and 20 and paragraph 8(c)(i) of Schedule 5 has the meaning prescribed in regulation 21(3);”.

Amendment of regulation 5 of the General Regulations

3.  In regulation 5 of the General Regulations (persons treated as engaged in remunerative work) after paragraph (5) there shall be added the following paragraph—

“(6) For the purposes of this regulation, in determining the number of hours in which a person is engaged or treated as engaged in remunerative work, no account shall be taken of any hours in which the person is engaged in an employment or a scheme to which paragraph (a) to paragraph (f) of regulation 6 (persons not treated as engaged in remunerative work) applies.”.

Amendment of regulation 6 of the General Regulations

4.  In regulation 6 of the General Regulations (persons not treated as engaged in remunerative work)—

(a) for the words “remunerative work if—” there shall be substituted the words “remunerative work in so far as—”;

(b) in paragraph (e) after the words “regulation 5(4)” there shall be inserted the words “and (5)”.

Amendment of regulation 14 of the General Regulations

5.  In regulation 14(1) of the General Regulations (persons of a prescribed description) for the words “and 3” there shall be substituted the words “and (3)”.

Amendment of regulation 18 of the General Regulations

6.  In regulation 18(1) of the General Regulations (polygamous marriages) after sub-paragraph (f) there shall be added the following sub-paragraph—

“(g) any amount determined in accordance with regulation 17(1)(f) (applicable amounts);”.

Amendment of regulation 19 of the General Regulations

7.  In regulation 19(3) of the General Regulations (applicable amounts for persons in residential care and nursing homes) in the definition of “residential care home”—

(a) in paragraph (b) the words from “for persons in need” to “mental disorder” shall be omitted;

(b) at the beginning of paragraph (d) there shall be inserted the words “which provides residential accommodation with both board and personal care and is”; and

(c) after paragraph (e) there shall be added the following—

“and in paragraphs (b) and (d) of this definition “personal care” means personal care for persons in need of personal care by reason of age, disablement, past or present dependence on alcohol or drugs, or past or present mental disorder.”.

Amendment of regulations 31 and 32 of the General Regulations

8.  In regulations 31(2) and 32(4)(a) of the General Regulations (date on which income is treated as paid and calculation of income) after the words “unemployment benefit,” there shall be inserted in each of those provisions the words “maternity allowance,”.

Amendment of regulation 41 of the General Regulations

9.  In regulation 41 of the General Regulations (capital treated as income) after paragraph (3) there shall be added the following paragraph—

“(4) In the case of a person to whom section 20(3) of the Act (conditions of entitlement to income support) has effect as modified by section 23A(b) of that Act (effect of return to work), any amount by way of repayment of income tax deducted from his emoluments in pursuance of section 203 of the Income and Corporation Taxes Act 1988(2), shall be treated as income.”.

Amendment of regulation 42 of the General Regulations

10.  In regulation 42 of the General Regulations (notional income)—

(a) for paragraph (4) there shall be substituted the following paragraphs—

“(4) Any payment of income, other than a payment of income made under the Macfarlane Trust or the Independent Living Fund, made—

(a) to a third party in respect of a single claimant or in respect of a member of the family (but not a member of the third party’s family) shall be treated—

(i) in a case where that payment is derived from a payment of any benefit under the benefit Acts, a war disablement pension or war widow’s pension, as possessed by that single claimant, if it is paid to him, or by that member, if it is paid to any member of that family;

(ii) in any other case, as possessed by that single claimant or by that member to the extent that it is used for the food, ordinary clothing or footwear, household fuel, rent or rates for which housing benefit is payable, or any housing costs to the extent that they are met under regulations 17(1)(e) or 18(1)(f) (housing costs) or accommodation charge to the extent that it is met under regulation 19 or 20 (persons in residential care or nursing homes or in board and lodging accommodation or hostels), of that single claimant or, as the case may be, of any member of that family;

(b) to a single claimant or a member of the family in respect of a third party (but not in respect of another member of that family) shall be treated as possessed by that single claimant or, as the case may be, that member of the family to the extent that it is kept or used by him or used by or on behalf of any member of the family;

but, except where sub-paragraph (a)(i) applies and in the case of a person to whom section 23 of the Act (trade disputes) applies, this paragraph shall not apply to any payment in kind.”;

(b) after paragraph (8) there shall be added the following paragraph—

“(9) In paragraph (4) the expression “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities.”.

Amendment of regulation 48 of the General Regulations

11.  In regulation 48 of the General Regulations (income treated as capital)—

(a) in paragraph (1) the word “annual” shall be omitted; and after the word “applies” there shall be inserted the words “and paid at intervals of at least one year”;

(b) in paragraph (2) after the words “(refund of tax in trade dispute cases)” there shall be inserted the words “or regulation 41(4) (capital treated as income)”.

Amendment of regulation 51 of the General Regulations

12.  In regulation 51 of the General Regulations (notional capital)—

(a) for paragraph (3) there shall be substituted the following paragraph—

“(3) Any payment of capital, other than a payment of capital made under the Macfarlane Trust or the Independent Living Fund, made—

(a) to a third party in respect of a single claimant or in respect of a member of the family (but not a member of the third party’s family) shall be treated—

(i) in a case where that payment is derived from a payment of any benefit under the benefit Acts, a war disablement pension or a war widow’s pension as possessed by that single claimant, if it is paid to him, or by that member if it is paid to any member of the family;

(ii) in any other case, as possessed by that single claimant or by that member to the extent that it is used for the food, ordinary clothing or footwear, household fuel, rent or rates for which housing benefit is payable, or any housing costs to the extent that they are met under regulation 17(1)(e) and 18(1)(f) (housing costs) or accommodation charge to the extent that it is met under regulation 19 or 20 (persons in residential care or nursing homes or board and lodging accommodation or hostels), of that single claimant or, as the case may be, of any member of that family;

(b) to a single claimant or a member of the family in respect of a third party (but not in respect of another member of the family) shall be treated as possessed by that single claimant or, as the case may be, that member of the family to the extent that it is kept or used by him or used by or on behalf of any member of the family.”;

(b) after paragraph (7) there shall be added the following paragraph—

“(8) In paragraph (3) the expression “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities.”.

Amendment of regulation 52 of the General Regulations

13.  In regulation 52 of the General Regulations (capital jointly held) at the end there shall be added the words “and the foregoing provisions of this Chapter shall apply for the purposes of calculating the amount of capital which the claimant is treated as possessing as if it were actual capital which the claimant does possess.”.

Amendment of regulation 62 of the General Regulations

14.  In regulation 62(2)(g) of the General Regulations (calculation of grant income) for the sum of “£210” there shall be substituted the sum of “£220”.

Amendment of regulation 71 of the General Regulations

15.  In regulation 71 of the General Regulations (applicable amounts in urgent cases)—

(a) in paragraph (1)(a)(iv) for the words “regulation 17(e) or 18(f) (housing costs)” there shall be substituted the words “regulation 17(1)(e) or, as the case may be, 18(1)(f) (housing costs)”;

(b) in paragraph (1)(d) for head (iii) there shall be substituted the following—

“(iii) any amounts applicable under regulation 17(1)(e) or, as the case may be, 18(1)(f).”.

Amendment of regulation 72 of the General Regulations

16.  In regulation 72(2) of the General Regulations (assessment of income and capital in urgent cases) for the words “and 9(b)” there shall be substituted the words “, 9(b) and 31”.

Amendment of regulations 73 and 75 of the General Regulations

17.  In regulations 73(3) and 75(b), (e) and (f) of the General Regulations (amount of income support payable and modifications in the calculation of income) after the words “unemployment benefit,” in each of those provisions there shall be inserted the words “maternity allowance,”.

Amendment of Schedule 1 to the General Regulations

18.  In Schedule 1 to the General Regulations (persons not required to be available for employment) paragraph 15 (allowances under the Job Release Act 1977(3)) shall be omitted.

Amendment of Schedule 2 to the General Regulations

19.  In Schedule 2 to the General Regulations (applicable amounts) after the words “regulation 17” wherever they occur in that Schedule there shall be inserted “(1)”; and—

(a) in paragraph 1 for “18(a)” there shall be substituted “18(1)(a)”;

(b) in paragraph 2 for “18(c)” there shall be substituted “18(1)(c)”;

(c) in paragraphs 3 and 4 for the words “and 18” wherever they occur in those paragraphs there shall be substituted “and 18(1)”;

(d) after paragraph 14 (disabled child premium) there shall be inserted the following paragraph—

“Persons in receipt of concessionary payments

14A.   For the purpose of determining whether a premium is applicable to a person under paragraphs 12 to 14, any concessionary payment made to compensate that person for the non-payment of any benefit mentioned in those paragraphs shall be treated as if it were a payment of that benefit.”.

Amendment of Schedule 3 to the General Regulations

20.  In Schedule 3 to the General Regulations (housing costs)—

(a) in paragraph 1 for the words “regulation 17(e) or 18(f)” there shall be substituted the words “regulation 17(1)(e) or 18(1)(f)”;

(b) in paragraph 7, at the end of sub-paragraph (9) there shall be added the following—

“(f) where—

(i) the claimant was a member of a family of a person (not being a former partner) entitled to income support and at least one other member of that family was a child or young person; and

(ii) the claimant becomes a member of another family which includes that child or young person; and

(iii) the claimant made his claim for income support within 8 weeks of the date on which the person entitled to income support mentioned in (i) above ceased to be so entitled,

the claimant shall be treated as being in receipt of income support for the same period as that person had been or had been treated, for the purposes of sub-paragraph (1), as having been.”.

Amendment of Schedule 4 to the General Regulations

21.  In Schedule 4 to the General Regulations (applicable amounts of persons in residential care and nursing homes) in paragraph 1—

(a) in sub-paragraph (1)(c) for the words “regulation 17(e) or 18(f)” there shall be substituted the words “regulation 17(1)(e) or 18(1)(f)”;

(b) after sub-paragraph (1)(c) there shall be added the following—

“and

(d) any amount determined in accordance with regulation 17(1)(f) or 18(1)(g) (applicable amounts).”.

Amendment of Schedule 5 to the General Regulations

22.  In Schedule 5 to the General Regulations (applicable amounts of persons in board and lodging accommodation or hostels)—

(a) in paragraph 1—

(i) in sub-paragraph (1)(c) for the words “regulation 17(e) or 18(f)” there shall be substituted the words “regulation 17(1)(e) or 18(1)(f)”;

(ii) after sub-paragraph (1)(c), there shall be added the following—

“and

(d) any amount determined in accordance with regulation 17(1)(f) or 18(1)(g) (applicable amounts).”;

(b) in paragraph 7 after the word “family” in the second place in which it occurs, there shall be inserted the words “, increased where appropriate in accordance with paragraph 2,”;

(c) in paragraph 10(1) for the words “for the board and lodging accommodation over the maximum” there shall be substituted the words “, increased where appropriate in accordance with paragraph 2, for the board and lodging or hostel accommodation over the maximum”.

Amendment of Schedule 7 to the General Regulations

23.  In Schedule 7 to the General Regulations (applicable amounts in special cases) after the words “regulation 17” wherever they occur in that Schedule there shall be inserted “(1)”; and—

(a) in Column 2, in paragraph 1—

(i) in sub-paragraph (a), at the end there shall be added the words “or (f)”;

(ii) in sub-paragraphs (b) and (c)(ii) for the words “or (e)” in each of those provisions there shall be substituted the words “, (e) or (f)”;

(iii) in sub-paragraph (d)(ii) for the words “regulation 18(c) and (d) or (f)” there shall be substituted the words “regulation 18(1)(c), (d), (f) or (g),”;

(b) in Column (2), in paragraph 3 for the words “or 18(c)” wherever they occur there shall be substituted the words “or 18(1)(c)”;

(c) in Column (1), in paragraph 11 for the words “Great Britain” there shall be substituted the words “United Kingdom.”;

(d) in Column (2), in paragraph 13(1) at the beginning there shall be added the words “Any amount applicable under regulation 17(1)(f) or 18(1)(g), plus”;

(e) in Column (1), in paragraph 16(b) for the words “or 18 (patients)” there shall be substituted the words “or 18(b)(i), (b)(ii) case two, or (b)(iv) cases one and three (patients)”;

(f) in Column (2), in paragraph 17(b)(ii) and (c)(i), for the words “(e), or as the case may be,” in each of those provisions there shall be substituted the words “(e) and (f) or, as the case may be,”;

(g) in Column (2), in paragraph 18—

(i) in sub-paragraph (a)(iii) at the end there shall be added the words “plus any amount applicable under regulation 17(1)(f);”;

(ii) in sub-paragraph (b)(i) after “£8.25” there shall be inserted the words “, plus any amount applicable under regulation 17(1)(f),”;

(iii) in sub-paragraph (b)(ii), case two, for the words “(c) or (d)” there shall be substituted “(c), (d) or (f)”;

(iv) in sub-paragraph (b)(iv), case one, after the words “polygamous marriage” there shall be inserted the words “, plus any amount applicable under regulation 17(1)(f) or 18(1)(g),”;

(v) in sub-paragraph (b)(iv) case three, for the words “or 18(f)” there shall be substituted the words “or 18(1)(f)”.

Amendment of Schedule 8 to the General Regulations

24.  In Schedule 8 to the General Regulations (sums to be disregarded in the calculation of earnings)—

(a) in paragraph 1(a) for the words “on termination of his employment” there shall be substituted the words “in respect of that employment which has terminated”;

(b) in paragraph 1(b) for the words “on the interruption of his employment” there shall be substituted the words “in respect of that employment which is interrupted”; and

(c) in paragraph 2 the word “immediately” shall be omitted; and for the words “on termination or interruption of that employment” there shall be substituted the words “or due to be paid in respect of that employment which has been terminated or interrupted before the claim is made.”.

Amendment of Schedule 9 to the General Regulations

25.  In Schedule 9 to the General Regulations (sums to be disregarded in the calculation of income other than earnings)—

(a) in paragraph 22—

(i) in sub-paragraph (1) for the words “or 12” there shall be substituted the words “12 or 25 to 28”;

(ii) in sub-paragraph (2) for the words “or 4” there shall be substituted the words “4 or 25 to 28”;

(b) in paragraph 26 for the words “section 12” there shall be substituted the words “section 21”;

(c) in paragraph 30(d) after the words “actual charge” there shall be inserted the words “increased where appropriate in accordance with paragraph 2 of Schedule 4 or paragraph 2 of Schedule 5”;

(d) after paragraph 39 there shall be added the following paragraph—

“40.   Any payment made by the Secretary of State to compensate for the loss (in whole or in part) of entitlement to housing benefit.”.

Amendment of Schedule 10 to the General Regulations

26.  In Schedule 10 to the General Regulations (capital to be disregarded)—

(a) in paragraph 2 after the words “intends to occupy” there shall be inserted the words “as his home”;

(b) in paragraph 4(a) after the words “member of the family” there shall be inserted the words “as his home”;

(c) after paragraph 28 there shall be added the following paragraphs—

“29. Any payment in kind made by a charity.

30. Any payment not exceeding £200 made under section 2 of the Employment and Training Act 1973(4) (functions of the Secretary of State) as a training bonus to a person participating in arrangements for training made under that section.

31. Any payment made by the Secretary of State to compensate for the loss (in whole or in part) of entitlement to housing benefit.”.

Board and Lodging Accommodation

27.  The provisions of the General Regulations relating to persons in board and lodging accommodation shall be amended in accordance with Schedule 1 to these Regulations.

Transitional Provision

28.—(1) Where a claimant’s benefit week in the week commencing 3rd April 1989 begins on a day other than that day his applicable amount for the purpose of calculating his entitlement to income support for that benefit week shall, notwithstanding the amendments made by regulation 27 of these Regulations, be determined as if those amendments had not been made.

(2) In this regulation the expressions used have the same meanings as in the General Regulations.

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

Nicholas Scott

Minister of State,

Department of Social Security

11th August 1988