The Income Support (General) Regulations 1987

Changes to legislation:

The Income Support (General) Regulations 1987, Section 6 is up to date with all changes known to be in force on or before 16 November 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.

Changes to Legislation

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Changes and effects yet to be applied to Regulation 6:

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

Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:

Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):

Sch. 2 para. 3(2)(3)(4) inserted by S.I. 1997/1790 reg. 11(c)
Sch. 2 para. 3(1)(a) words substituted by S.I. 1997/1790 reg. 11(b) (revoked before applied (by reg. 2 of 1998 SI766))

Persons not treated as engaged in remunerative workE+W+S

6.—[F1(1)] A person shall not be treated as engaged in [F2remunerative work in so far as—]

F3(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)he is engaged in child minding in his home;

(c)he is engaged by a charity or [F4voluntary organisationF5...,] or is a volunteer where the only payment received by him or due to be paid to him, is a payment which is to be disregarded under regulation 40(2) and paragraph 2 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) [F6and in this paragraph “volunteer” means a person who is engaged in voluntary work, otherwise than for a relative, where the only payment received, or due to be paid to the person by virtue of being so engaged, is in respect of any expenses reasonably incurred by the person in connection with that work];

(d)he is engaged on a scheme for which a training allowance is being paid; F7...

[F8(dd)he is receiving assistance under the self-employment route;]

F9(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10(h)he is engaged in any one of the employments mentioned in heads (a) to (d) of sub-paragraph (1) of paragraph 7 of Schedule 8 (which relates to persons serving as firemen, in coastal rescue activities etc); F11...]

[F10(j)he is performing his duties as a councillor, and for this purpose “councillor” has the same meaning as in [F12section 171F(2) of the Contributions and Benefits Act][F13; or]]

[F14(k)he is engaged in caring for a person who is accommodated with him by virtue of arrangements made under any of the provisions referred to in paragraph 26 [F15or in accordance with paragraph 27] of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) and is in receipt of any payment specified in [F16those paragraphs].]

[F17(ka)he is engaged in caring for a person who is provided with continuing care by a local authority by virtue of arrangements made under section 26A of the Children (Scotland) Act 1995 (duty to provide continuing care) and is in receipt of a payment made under that section of that Act;]

[F18(m)he is engaged in an activity in respect of which—

(i)a sports award has been made, or is to be made, to him; and

(ii)no other payment is made or is expected to be made to him.]

F19(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F21(4) The following persons shall not be treated as engaged in remunerative work–

F22(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)subject to regulation 5(4) and (5) (persons treated as engaged in remunerative work), a person to whom section 126 of the Contributions and Benefits Act (trade disputes) applies or in respect of whom section 124(1) of that Act (conditions of entitlement to income support) has effect as modified by section 127(b) of that Act (effect of return to work);

(c)a person to whom paragraph 4 of Schedule 1B applies;]

F23(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F24(5) A person shall not be treated as engaged in remunerative work for the period specified in paragraph (6) in so far as—

(a)he or his partner is engaged in work which—

(i)is remunerative work; and

(ii)he, or his partner, is expected to be engaged in for a period of no less than five weeks;

(b)he or his partner had, for a continuous period of 26 weeks ending on the day before the day on which he commenced the work referred to in sub-paragraph (a), been entitled to and in receipt of income support [F25, an income-based jobseeker's allowance or an income-related employment and support allowance];

(c)he or his partner had, as at the day before the day on which he commenced the work referred to in sub-paragraph (a), an applicable amount which included—

(i)an amount determined in accordance with Schedule 3 (housing costs) as applicable to him in respect of [F26housing costs which qualify [F27under paragraph 17]] of that Schedule; F28...

(ii)an amount determined in accordance with Schedule 2 to the Jobseeker’s Allowance Regulations 1996 (housing costs) as applicable to him in respect of [F29housing costs which qualify [F30under paragraph 16]] of that Schedule; [F31or

(iii)an amount determined in accordance with Schedule 6 to the Employment and Support Allowance Regulations (housing costs) as applicable to him in respect of housing costs which qualify [F32under paragraph 18] of that Schedule; and]

(d)he or his partner remain liable to make payments [F33in respect of such housing costs].

(6) A person referred to in paragraph (5) shall not be treated as engaged in remunerative work for—

(a)the period of four weeks commencing with the day on which he was first engaged in the work referred to in sub-paragraph (a) of that paragraphF34...

F35(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In calculating the period of benefit entitlement referred to in paragraphF36... (5)(b), no account shall be taken of entitlement arising by virtue of paragraphF36... (6).

(8) In paragraph (5), a reference to the claimant or his partner being entitled to and in receipt of an income-based jobseeker’s allowance or to an amount being applicable to either of them under the Jobseeker’s Allowance Regulations 1996 shall include a reference to the claimant and his partner being entitled to, and in receipt of, a joint-claim jobseeker’s allowance and to an amount being applicable to that couple under those Regulations.]

Textual Amendments

F1Reg. 6(1): reg. 6 renumbered as reg. 6(1) (4.10.1999) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/2556), regs. 1, 2(3)

F2Words in reg. 6 substituted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 4(a)

F3Reg. 6(1)(a) omitted (3.4.2000) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/681), regs. 1(1)(c), 2(b)(i)

F4Words in reg. 6(c) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No.5) Regulations 1994 (S.I. 1994/2139), regs. 1(1)(a), 23(a)

F5Words in reg. 6(c) omitted (10.4.1995) by virtue of The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1995 (S.I. 1995/516), regs. 1(1)(a), 20 (with reg. 1(2))

F6Words in reg. 6(1)(c) inserted (6.4.2010) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(1), 2(4)

F7Word in reg. 6(d)(e) omitted (6.4.1992) by virtue of The Income Support (General) Amendment Regulations 1992 (S.I. 1992/468), regs. 1(1), 2(a) (with reg. 1(2))

F8Reg. 6(1)(dd) inserted (4.5.2004) by The Social Security (Income-Related Benefits Self-Employment Route Amendment) Regulations 2004 (S.I. 2004/963), regs. 1(1), 3

F9Reg. 6(1)(e)-(g) omitted (3.4.2000) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/681), regs. 1(1)(c), 2(b)(i)

F10Reg. 6(h)(j) added (6.4.1992) by The Income Support (General) Amendment Regulations 1992 (S.I. 1992/468), regs. 1(1), 2(b) (with reg. 1(2))

F11Word in reg. 6(h) revoked (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 3) Regulations 1992 (S.I. 1992/2155), regs. 1(1), 13(a)