The Income Support (General) Amendment No. 5 Regulations 1988

Amendment of Schedule 3A to the General Regulations

19.  In Schedule 3A to the General Regulations(1) (protected sum)—

(a) in paragraph 1(1), in the definition of“eligible housing benefit”, for the reference“10th April, 1989” there shall be substituted the words“10th April, 1989 which relates to the board and lodging accommodation normally occupied as the home by him or, if he has a partner, by him and his partner;”;

(b) in paragraph 1(2)(b) at the beginning there shall be inserted the words“except in so far as it relates to any temporary absence to which paragraph 7(7) refers,”;

(c) in paragraph 3 at the end there shall be added the following sub-paragraphs—

“(2) A protected sum shall not be applicable to a claimant where he, or any partner of his, has not made or is not treated as having made, a claim for housing benefit under regulation 72 of the Housing Benefit (General) Regulations 1987(2) (time and manner in which claims are to be made) for the period of 7 consecutive days beginning 10th April 1989 in respect of the board and lodging accommodation normally occupied as the home by him, or if he has a partner, by him and his partner.

(3) Subject to paragraph 7, a protected sum shall not be applicable to a claimant where he changes or vacates his accommodation during the period of 7 consecutive days beginning 10th April 1989.”;

(d) in paragraph 6(b) for the word“leaves” there shall be substituted the word“vacates”;

(e) in paragraph 7(1)(b)(i) after the words“by reason of” there shall be inserted the words“old age,”;

(f) in paragraph 7(4)(c), for the reference“(i) and (iii)” there shall be substituted the reference“(i) to (iii)”;

(g) for paragraph 7(7) there shall be substituted the following—

“(7) Where a protected person or any partner of his is temporarily absent from his accommodation for a period not exceeding 13 weeks which includes the first week, on the protected person’s or, as the case may be, his partner’s return to that accommodation he shall be entitled to a protected sum equal to the difference between—

(a) the amount which would have fallen to be calculated under regulation 20 as his applicable amount for the first week if he or, as the case may be, his partner had been living in that accommodation, without regard to any temporary absence, and any eligible housing benefit for the period beginning 3rd April 1989; and, if less,

(b) either—

(i) if the full charge is made for the accommodation during the temporary absence, his applicable amount in the first complete week after he or, as the case may be, his partner has returned to the accommodation and any eligible housing benefit for the period beginning 10th April 1989, or

(ii) if no charge or a reduced charge is made for the accommodation during the temporary absence, his applicable amount in the first week after he or, as the case may be, his partner has returned to the accommodation and the amount of any housing benefit in respect of that accommodation to which he or his partner was entitled in the period of 7 consecutive days beginning on the date determined in accordance with regulation 65 of the Housing Benefit (General) Regulations 1987 (date on which entitlement is to commence) or, as the case may be, regulation 68(2) of those Regulations (date on which change of circumstances is to take effect) following his return to the accommodation.”.

(1)

See S.I. 1988/1445, regulation 27, Schedule 1, paragraph 14 and Schedule 2.

(2)

S.I. 1987/1971.