The Income Support (General) Regulations 1987

Changes over time for: Section 40

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The Income Support (General) Regulations 1987, Section 40 is up to date with all changes known to be in force on or before 25 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to Regulation 40:

Regulations amendment to earlier affecting provision S.S.I. 2003/460, sch. Pt. 2 Table B by S.S.I. 2024/311 reg. 11

Calculation of income other than earningsE+W+S

40.—(1) For the purposes of regulation 29 (calculation of income other than earnings) F1... the income of a claimant which does not consist of earnings to be taken into account shall, subject to [F2paragraphs (2) to (3B)], be his gross income and any capital treated as income under[F3 regulations F4... 41 and 44 (F4... capital treated as income and modifications in respect of children and young persons)] [F3regulation 41 (capital treated as income)].

(2) There shall be disregarded from the calculation of a claimant's gross income under paragraph (1), any sum, where applicable, specified in Schedule 9.

(3) Where the payment of any benefit under the benefit Acts F5 is subject to any deduction by way of recovery the amount to be taken into account under paragraph (1) shall be the gross amount payable.

[F6(3A) [F7Paragraphs (3AA) and (3AAA) apply] where—

(a)a relevant payment has been made to a person in an academic year; and

(b)that person abandons, or is dismissed from, his course of study before the payment to him of the final instalment of the relevant payment.

(3AA) [F8Where a relevant payment is made quarterly, the] amount of a relevant payment to be taken into account for the assessment period for the purposes of paragraph (1) in respect of a person to whom paragraph (3A) applies, shall be calculated by applying the formula—

where—

A = the total amount of the relevant payment which that person would have received had he remained a student until the last day of the academic term in which he abandoned, or was dismissed from, his course, less any deduction under regulation 66A(5);

B = the number of benefit weeks from the benefit week immediately following that which includes the first day of that academic year to the benefit week immediately before that which includes the day on which the person abandoned, or was dismissed from, his course;

C = the weekly amount of the relevant payment, before the application of the £10 disregard, which would have been taken into account as income under regulation 66A(2) had the person not abandoned or been dismissed from, his course and, in the case of a person who was not entitled to income support immediately before he abandoned or was dismissed from his course, had that person, at that time, been entitled to income support;

D = the number of benefit weeks in the assessment period.

[F9(3AAA) Where a relevant payment is made by two or more instalments in a quarter, the amount of a relevant payment to be taken into account for the assessment period for the purposes of paragraph (1) in respect of a person to whom paragraph (3A) applies, shall be calculated by applying the formula in paragraph (3AA) but as if—

A = the total amount of relevant payments which that person received, or would have received, from the first day of the academic year to the day the person abandoned the course, or was dismissed from it, less any deduction under regulation 66A(5).]

(3AB) [F10In this regulation]—

“academic year” and “student loan” shall have the same meanings as for the purposes of Chapter VIII of this Part;

[F11“assessment period” means—

(a)in a case where a relevant payment is made quarterly, the period beginning with the benefit week which includes the day on which the person abandoned, or was dismissed from, his course and ending with the benefit week which includes the last day of the last quarter for which an instalment of the relevant payment was payable to that person;

(b)in a case where the relevant payment is made by two or more instalments in a quarter, the period beginning with the benefit week which includes the day on which the person abandoned, or was dismissed from, his course and ending with the benefit week which includes—

(i)the day immediately before the day on which the next instalment of the relevant payment would have been due had the payments continued; or

(ii)the last day of the last quarter for which an instalment of the relevant payment was payable to that person,

whichever of those dates is earlier;]

[F12“quarter” in relation to an assessment period means a period in that year beginning on—

(a)1st January and ending on 31st March;

(b)1st April and ending on 30th June;

(d)1st September and ending on 31st December;]

“relevant payment” means either a student loan or an amount intended for the maintenance of dependants referred to in regulation 62(3B) or both.]

[F13(3B) In the case of income to which regulation 29(2B) applies (calculation of income of former students), the amount of income to be taken into account for the purposes of paragraph (1) shall be the amount of that income calculated in accordance with regulation 32(6A) and on the basis that none of that income has been repaid.]

(4) [F14Subject to paragraph (5)] for the avoidance of doubt there shall be included as income to be taken into account under paragraph (1)[F15—

(a)any payment to which regulation 35(2) or 37(2) (payments not earnings) applies; or

(b)in the case of a claimant who is receiving support provided under section 95 or 98 of the Immigration and Asylum Act including support provided by virtue of regulations made under Schedule 9 to that Act, the amount of such support provided in respect of essential living needs of the claimant and his [F16dependants] [F16partner] (if any) as is specified in regulations made under paragraph 3 of Schedule 8 to the Immigration and Asylum Act;]

[F17(5) In the case of a claimant who is the partner of a person subject to immigration control and whose partner is receiving support provided under section 95 or 98 of the Immigration and Asylum Act including support provided by virtue of regulations made under Schedule 9 to that Act, there shall not be included as income to be taken into account under paragraph (1) the amount of support provided in respect of essential living needs of the partner of the claimant and his dependants (if any) as is specified in regulations made under paragraph 3 of Schedule 8 to the Immigration and Asylum Act.]

[F18(6) Where the claimant—

(a)is a member of a couple;

(b)his partner is receiving a contributory employment and support allowance; and

(c)that benefit has been reduced under regulation 63 of the Employment and Support Allowance Regulations [F19or section 11J of the Welfare Reform Act as the case may be],

the amount of that benefit to be taken into account is the amount as if it had not been so reduced.]

Textual Amendments

F1Words in reg. 40(1) omitted (11.4.2011) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/674), regs. 1(4), 3(4)

F2Words in reg. 40(1) substituted (coming into force in accordance with reg. 1(2)(3) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/563), regs. 1(2), 13(1)(a)

F3Words in reg. 40(1) substituted (for specified purposes and with effect in accordance with reg. 1(2)-(5) of the amending S.I.) by The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 1 para. 8(a)

F4Words in reg. 40(1) omitted (12.12.1988) by virtue of The Income Support (General) Amendment No. 5 Regulations 1988 (S.I. 1988/2022), regs. 1(1)(a), 9

F5The benefit Acts are specified in section 84(1) of the Social Security Act 1986 (c. 50).

F6Reg. 40(3A)(3AA)(3AB) substituted for reg. 40(3A) (1.8.2001) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2001 (S.I. 2001/2319), regs. 1(1)(a), 5(1)

F7Words in reg. 40(3A) substituted (for specified purposes and with effect in accordance with reg. 1(3)(a)(b) of the amending S.I.) by The Social Security (Students and Miscellaneous Amendments) Regulations 2008 (S.I. 2008/1599), reg. 2(2)(a)

F8Words in reg. 40(3AA) substituted (for specified purposes and with effect in accordance with reg. 1(3)(a)(b) of the amending S.I.) by The Social Security (Students and Miscellaneous Amendments) Regulations 2008 (S.I. 2008/1599), reg. 2(2)(b)

F9Reg. 40(3AAA) inserted (for specified purposes and with effect in accordance with reg. 1(3)(a)(b) of the amending S.I.) by The Social Security (Students and Miscellaneous Amendments) Regulations 2008 (S.I. 2008/1599), reg. 2(2)(c)

F10Words in reg. 40(3AB) substituted (for specified purposes and with effect in accordance with reg. 1(3)(a)(b) of the amending S.I.) by The Social Security (Students and Miscellaneous Amendments) Regulations 2008 (S.I. 2008/1599), reg. 2(2)(d)(i)