The Income Support (General) Amendment No. 3 Regulations 1989

Amendment of Schedule 3B to the General Regulations

9.  In Schedule 3B to the General Regulations (protected sum)–

(a) in paragraph 1(1)–

(i) in paragraph (a) of the definition of “protected total” the words “in a case to which paragraph 6(4) applies,” shall be omitted; and for the words “in that week” there shall be substituted the words “for a period not exceeding 14 weeks which includes that week”;

(ii) in the definition of “relevant provisions” after paragraph (d) there shall be inserted the following paragraph–

“(dd) paragraph 13 of Schedule 7 (persons in residential accommo-dation);”;

(b) in paragraph 2(6) after the words “that week shall” there shall be inserted the words “, subject to the following paragraphs of this Schedule,”;

(c) in paragraph 3–

(i) in sub-paragraph (3) after head (b) there shall be added the following–

“or

(c) his applicable amount in the first week fell or would have fallen, but for any temporary absence, to be determined under regulation 20 but would not have fallen to be so determined in the March benefit week had he been in the same accommodation in that week and had his stay in that accommodation been other than temporary”;

(ii) after sub-paragraph (3) there shall be added the following sub-paragraph–

“(4) For the purposes of sub-paragraph (3), where–

(a) a claimant’s applicable amount in respect of the March benefit week has been determined under paragraph 13(1) of Schedule 7 and it is subsequently determined on review that it fell to be determined under regulation 20, he shall, notwithstanding that review, be treated as if his applicable amount fell to be determined under that paragraph;

(b) a claimant has been temporarily absent from his accommo-dation in the March benefit week and immediatley before the period of temporary absence his applicable amount was determined under paragraph 13(1) of Schedule 7, he shall be treated as if his applicable amount would have fallen to be determined under that paragraph during the period of temporary absence notwithstanding that it is subsequently determined on review that immediately before the period of temporary absence it fell to be determined under regulation 20;

(c) a claimant has entered his accommodation after the March benefit week, he shall be treated as if his applicable amount, had he been in that accommodation in the March benefit week, would not have fallen to be determined under regulation 20 in that week if the applicable amounts of other claimants in that accommodation in that week were determined otherwise than under that regulation notwithstanding that it is subsequently determined on review that they fell to be determined under regulation 20.”;

(d) in paragraph 6(3) for the words “a period of not more than 8 weeks” there shall be substituted the words “a period not exceeding the permitted period determined in accordance with regulation 3A (permitted period)”.