The Income Support (General) Regulations 1987

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Changes over time for: Paragraph 4

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Changes to legislation:

The Income Support (General) Regulations 1987, Paragraph 4 is up to date with all changes known to be in force on or before 05 March 2025. 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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[F14.—(1) In a case to which this paragraph applies, [F2£20]; but notwithstanding regulation 23 (calculation of income and capital of members of claimant’s family and of a polygamous marriage), if this paragraph applies to a claimant it shall not apply to his partner except where, and to the extent that, the earnings of the claimant which are to be disregarded under this paragraph are less than [F2£20].E+W+S

(2) This paragraph applies where the claimant’s applicable amount includes, or but for his being an in-patient F3... F4... would include, an amount by way of a disability premium under Schedule 2 (applicable amounts).

(3) This paragraph applies where–

(a)the claimant is a member of a couple, and–

(i)his applicable amount would include an amount by way of the disability premium under Schedule 2 but for the higher pensioner premium under that Schedule being applicable; or

(ii)had he not been an in-patient F5... F6... his applicable amount would include the higher pensioner premium under that Schedule and had that been the case he would also satisfy the condition in (i) above; and

F7(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) This paragraph applies where–

(a)the claimant’s applicable amount includes, or but for his being an in-patient F8... F9... would include, an amount by way of the higher pensioner premium under Schedule 2; and

(b)[F10the claimant’s partner has attained the qualifying age for state pension credit;]

(c)immediately before attaining that age F11... his partner was engaged in part-time employment and the claimant was entitled by virtue of sub-paragraph (2) F11... to a disregard of [F2£20]; and

(d)he or, as the case may be, he or his partner has continued in part-time employment.

F12(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F13(7) For the purposes of this paragraph–

(a)except where head (b) or (c) applies, no account shall be taken of any period not exceeding eight consecutive weeks occurring–

(i)[F14on or after the date on which the claimant’s partner attained the qualifying age for state pension credit during which the partner was not engaged in part-time employment or the claimant was not entitled to income support [F15or employment and support allowance]; or]

(ii)immediately after the date on which the claimant or his partner ceased to participate in arrangements for training made under section 2 of the Employment and Training Act 1973 [F16or section 2 of the Enterprise and New Towns (Scotland) Act 1990] or to attend a course at an employment rehabilitation centre established under that section [F17of the 1973 Act];

(b)in a case where the claimant has ceased to be entitled to income support [F15or employment and support allowance] because he, or if he is a member of a couple, he or his partner becomes engaged in remunerative work, no account shall be taken of any period, during which he was not entitled to income support [F15or employment and support allowance], not exceeding the permitted period determined in accordance with regulation 3A (permitted period) occurring on or after the date on which [F18the claimant’s partner attains the qualifying age for state pension credit.];

(c)no account shall be taken of any period occurring on or after the date on which [F19the claimant’s partner, if he is a member of a couple, attained the qualifying age for state pension credit ] during which the claimant was not entitled to income support [F15or employment and support allowance] because he or his partner was participating in arrangements for training made under section 2 of the Employment and Training Act 1973 [F20or section 2 of the Enterprise and New Towns (Scotland) Act 1990] or attending a course at an employment rehabilitation centre established under that section [F21of the 1973 Act].]]