The Income-related Benefits Schemes (Miscellaneous Amendments) (No.2) Regulations 1994

Statutory Instruments

1994 No. 1608

SOCIAL SECURITY

The Income-related Benefits Schemes (Miscellaneous Amendments) (No.2) Regulations 1994

Made

16th June 1994

Laid before Parliament

23rd June 1994

Coming into force in accordance with regulation 1(1)

The Secretary of State for Social Security, in exercise of powers conferred on him by sections 123(1), 130(2) and (4), 136(3) and (5), 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 agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it(2), hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Income-related Benefits Schemes (Miscellaneous Amendments) (No.2) Regulations 1994 and shall come into force—

(a) for the purposes of this regulation, on 1st August 1994;

(b) for the purposes of sub-paragraphs (a) and (d) of paragraph (2) of regulation 2, regulation 2(1) so far as it relates to those sub-paragraphs, and regulation 3,

(i) in relation to a student whose period of study begins on or after 1st August 1994 but before 1st September 1994, on the first Monday of that period;

(ii) in any other case, on 5th September 1994;

(c) for the purposes of sub-paragraphs (b) and (c) of paragraph (2) of regulation 2, and regulation 2(1) so far as it relates to those sub-paragraphs,

(i) in relation to a student whose period of study begins on or after 1st August 1994 but before 1st September 1994, on the first Tuesday of that period;

(ii) in any other case, on 6th September 1994;

(d) for the purposes of sub-paragraph (e) of paragraph (2) of regulation 2, and regulation 2(1) so far as it relates to that sub-paragraph,

(i) in relation to a student whose period of study begins on or after 1st August 1994 but before 1st September 1994, on the first day of that period;

(ii) in any other case, on 1st September 1994;

so however that regulation 2(2)(e) shall have effect in relation to any particular claimant at the beginning of the first benefit week to commence for that claimant on or after the day mentioned in head (i) of this sub-paragraph, or the date mentioned in head (ii) of this sub-paragraph, whichever applies in his case; and for this purpose the expressions “claimant” and “benefit week” have the same meanings as in regulation 2(1) of the Income Support Regulations.

(2) In these Regulations—

“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987(3);

“the Income Support Regulations” means the Income Support (General) Regulations 1987(4).

Student’s grant income

2.—(1) In the regulations specified in paragraph (2) below (which all relate to the calculation of the amount of a student’s grant income) for the amount “£273” in each place where it occurs there shall be substituted the amount “£276”.

(2) The regulations are—

(a) regulation 42(2)(g) of the Council Tax Benefit (General) Regulations 1992(5);

(b) regulation 42(2)(e) of the Disability Working Allowance (General) Regulations 1991(6);

(c) regulation 38(2)(f) of the Family Credit (General) Regulations 1987(7);

(d) regulation 53(2)(g) of the Housing Benefit Regulations;

(e) regulation 62(2)(g) of the Income Support Regulations.

Student’s eligible rent

3.  In regulation 51(1) of the Housing Benefit Regulations (calculation of eligible rent for full-time students) for the amount “£24.80” in sub-paragraph (a) there shall be substituted the amount “£25.00” and for the amount “£17.20” in sub-paragraph (b) there shall be substituted the amount “£17.35”.

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

Astor

Parliamentary Under-Secretary of State,

Department of Social Security

16th June 1994

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the following Regulations—

• the Council Tax Benefit (General) Regulations 1992;

• the Disability Working Allowance (General) Regulations 1991;

• the Family Credit (General) Regulations 1987;

• the Housing Benefit (General) Regulations 1987;

• the Income Support (General) Regulations 1987.

They increase the amount to be allowed in respect of the cost of books and equipment in calculating a student’s grant income.

In respect of housing benefit only, they increase the amount of the deduction to be made in calculating a student’s eligible rent.

In respect of the amendments relating to housing benefit and council tax benefit, under section 176(1) of the Social Security Administration Act 1992 (c. 5), the Secretary of State is not required to consult, and has not consulted, with organisations appearing to him to be representative of the authorities concerned.

These Regulations do not impose a charge on businesses.

(1)

1992 c. 4; sections 123, 130 and 137 of the Contributions and Benefits Act 1992 were amended to have effect with respect to council tax benefit by Schedule 9 to the Local Government Finance Act 1992 (c. 14); 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 173(1)(b) and (7); section 173(7) defines “regulations”.

(3)

S.I. 1987/1971; the relevant amending instrument is S.I. 1993/1540.

(4)

S.I. 1987/1967; the relevant amending instrument is S.I. 1993/1540.

(5)

S.I. 1992/1814; the relevant amending instrument is S.I. 1993/1540.

(6)

S.I. 1991/2887; the relevant amending instrument is S.I. 1993/1540.

(7)

S.I. 1987/1973; the relevant amending instrument is S.I. 1993/1540.