The Income Support (General) Amendment Regulations 1988

Amendment of Schedule 9 to the General Regulations E+W+S

35.  In Schedule 9 to the General Regulations (sums to be disregarded in the calculation of income other than earnings)—

(a) after paragraph 4 there shall be inserted the following paragraph—

“4A.   In the case of the payment of statutory sick pay under Part II of the Social Security (Northern Ireland) Order 1982(1) or statutory maternIty pay under Part VI of the Social Security (Northern Ireland) Order 1986(2)—

(a) any amount deducted by way of primary Class 1 contributions under the Social Security (Northern Ireland) Act 1975(3);

(b) one-half of any sum paid by way of a contribution towards an occupational or personal pension scheme.”

(b) for paragraph 13 there shall be substituted the following paragraph—

“13.   In the case of a claimant participating in arrangements for training made under section 2 of the Employment and Training Act 1973(4) or attending a course at an employment rehabilitation centre established under that section—

(a) any travelling expenses reimbursed to the claimant;

(b) any living away from home allowance under section 2(2)(d) of that Act but only to the extent that rent or rates payable in respect of accommodation not normally occupied by him as his home are not met by housing benefit;

(c) any training premium,

but this paragraph, except in so far as it relates to a payment under subparagraph (a), (b) or (c), does not apply to any part of any allowance under section 2(2)(d) of that Act.”;

(c) in paragraphs 15 and 28 for the words “and for so long as it applies” there shall be substituted the words “or in respect of whom section 20(3) of the Act (conditions of entitlement to income support) has effect as modified by section 23A(b) of the Act (effect of return to work)”;

(d) for paragraph 21 there shall be substituted the following paragraph—

“21.— (1) Subject to sub-paragraph (2), except where regulation 42(4)(a)(i) (notional income) applies or in the case of a person to whom section 23 of the Act (trade disputes) applies, any income in kind;

(2) The exception under sub-paragraph (1) shall not apply where the income in kind is received from the Macfarlane Trust.”;

(e) in paragraph 30 for the words “paragraph 28” there shall be substituted the words “paragraph 29”;

(f) after paragraph 37 there shall be added the following paragraphs—

“38.   Any resettlement benefit which is paid to the claimant by virtue of regulation 3 of the Social Security (Hospital In-Patients) Amendment (No. 2) Regulations 1987(5).

39.   Any payment made under the Macfarlane Trust.”.

Commencement Information

I1 Reg. 35 in force at 11.4.1988, see reg. 1(1)

(1)

S.I. 1982/1086 (N.I. 6).

(2)

S.I. 1986/1888 (N.I. 18).

(3)

1975 c. 15 (N.I.).

(4)

1973 c. 50: section 2 was amended by sections 9 and 11, Schedule 2, Part II, paragraph 9 and Schedule 3 of the Employment and Training Act 1981 (c. 57)

(5)

S.I. 1987/1683