3.—(1) The Social Security (Incapacity Benefit) Regulations 1994(1) are amended in accordance with the provisions of this regulation.
(2) At the end of regulation 4(2)(c) (days not to be treated as days of incapacity for work)(2), insert “, or” followed by the following sub-paragraph—
“(d)to any part of such a payment made—
(i)as a consequence of the person taking part in the scheme known as the Adult Learning Option (which is provided in pursuance of arrangements made by or on behalf of the Secretary of State under section 2 of the Employment and Training Act 1973), and
(ii)which is not intended to meet the cost of living expenses to which paragraph (3) applies.”.
(3) After regulation 4(2), insert—
“(3) This paragraph applies to living expenses which relate to—
(a)food,
(b)ordinary clothing or footwear,
(c)household fuel,
(d)rent for which housing benefit is payable,
(e)any housing costs (to the extent that they are met under regulation 83(f) or 84(1)(g) of the Jobseeker’s Allowance Regulations 1996(3) or regulation 17(1)(e) or 18(1)(f) of the Income Support (General) Regulations 1987(4) (housing costs)) of the claimant or, where the claimant is a member of the family, any other member of his family, or
(f)any council tax or water charges for which that claimant or member is liable.”.
Regulation 4(2)(c) was inserted by S.I. 2000/678.
S.I. 1996/207. Relevant amending instrument is S.I. 2001/3767.
Relevant amending instruments are S.I. 1988/1288, 1996/206 and 2001/3767.