The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 2) Regulations 1992

Statutory Instruments

1992 No. 1585

SOCIAL SECURITY HOUSING, ENGLAND AND WALES HOUSING, SCOTLAND

The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 2) Regulations 1992

Made

1st July 1992

Laid before Parliament

8th July 1992

Coming into force in accordance with regulation 1(1)

The Secretary of State for Social Security, in exercise of powers conferred 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 1992M1 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 itM2 , hereby makes the following Regulations:

Marginal Citations

M1 1992 c.4; section 137(1) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed”.

M2 See the Social Security Administration Act 1992 (c.5), section 173(1)(b) and (7); section 173(7) defines “regulations”.

Citation, commencement and interpretation E+W+S

1.—(1) These Regulations may be cited as the Income-related Benefits Schemes (Miscellaneous Amendments) (No. 2) Regulations 1992 and shall come into force—

(a) for the purposes of this regulation, on 1st August 1992;

(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) to the extent that they relate to a case where a student’s period of study begins on or after 1st August 1992 but before 1st September 1992, on the first Monday of that period;

(ii) in any other case, on 7th September 1992;

(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) to the extent that they relate to a case where a student’s period of study begins on or after 1st August 1992 but before 1st September 1992, on the first Tuesday of that period;

(ii) in any other case, on 1st September 1992;

(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, but subject to sub-paragraph (e) below,

(i) to the extent that they relate to a case where a student’s period of study begins on or after 1st August 1992 but before 1st September 1992, on the first day of that period;

(ii) in any other case, on 1st September 1992;

(e) regulation 2(2)(e) shall come into force in relation to any particular claimant at the beginning of the first benefit week to commence for that claimant on or after the date specified in sub-paragraph (d) of this paragraph which 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 M3 ;

• “the Income Support Regulations” means the Income Support (General) Regulations 1987 M4 .

Marginal Citations

M3 S.I. 1987/1971; the relevant amending instrument is S.I. 1991/1599.

M4 S.I. 1987/1967; the relevant amending instrument is S.I. 1991/1559.

Student’s grant income E+W+S

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 “£257” in each place where it occurs there shall be substituted the amount “ £267 ”.

(2) The regulations are—

(a) regulation 38(2)(g) of the Community Charge Benefits (General) Regulations 1989 M5 ;

(b) regulation 42(2)(e) of the Disability Working Allowance (General) Regulations 1991 M6 ;

(c) regulation 38(2)(f) of the Family Credit (General) Regulations 1987 M7 ;

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

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

Marginal Citations

M5 1989/1321; the relevant amending instrument is S.I. 1991/1599.

M6 S.I. 1991/2887.

M7 S.I. 1987/1973; the relevant amending instrument is S.I. 1991/1520.

Student’s eligible rent E+W+S

3.  In regulation 51(1) of the Housing Benefit Regulations (calculation of eligible rent for full-time students) for the amount “£23.45” in sub-paragraph (a) there shall be substituted the amount “ £24.30 ” and for the amount “£16.25” in sub-paragraph (b) there shall be substituted the amount “ £16.85 ”.

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

Alistair Burt

Parliamentary Under-Secretary of State,

Department of Social Security

1st July 1992

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the following Regulations—

the Community Charge Benefits (General) Regulations 1989;

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 community charge 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.