Search Legislation

The Income Support (General) Regulations 1987

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 24 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. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Schedule 8 Paragraph 4:

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

[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].]]

Textual Amendments

F1Sch. 8 para. 4 substituted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 10

F2Word in Sch. 8 para. 4 substituted (1.4.2001 for specified purposes, 2.4.2001 for specified purposes, 9.4.2001 in so far as not already in force) by The Social Security Amendment (Capital Limitsand Earnings Disregards) Regulations 2000 (S.I. 2000/2545), regs. 1(1)(a)(ii)(b)(c), 3, Sch. para. 2(a) (with reg. 4)

F13Sch. 8 para. 4(7) substituted (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(b), 12(a)

F16Words in Sch. 8 para. 4(7)(a)(ii) inserted (1.4.1991) by The Enterprise (Scotland) Consequential Amendments Order 1991 (S.I. 1991/387), arts. 1, 2, Sch.

F20Words in Sch. 8 para. 4(7)(c) inserted (S.) (1.4.1991) by The Enterprise (Scotland) Consequential Amendments Order 1991 (S.I. 1991/387), arts. 1, 2, Sch.

Commencement Information

I1Sch. 8 para. 4 in force at 11.4.1988, see reg. 1

Back to top

Options/Help

Print Options

You have chosen to open The Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Instrument as a PDF

The Whole Instrument you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources