The Social Security (Miscellaneous Amendments) Regulations 2000

Remunerative work E+W+S

2.  In the Income Support Regulations–

(a) in regulation 5(6) M1 (persons treated as engaged in remunerative work), for the words “paragraph (a) to paragraph (k) of regulation 6" there shall be substituted the words “ regulation 6(1) ”;

(b) in regulation 6 M2 (persons not treated as engaged in remunerative work)–

(i) sub-paragraphs (a) and (e) to (g) in paragraph (1) shall be omitted;

(ii) in paragraph (1)(j), for the words “paragraph 2(6) of Schedule 8 to the Social Security Act 1989" there shall be substituted the words “ section 171F(2) of the Contributions and Benefits Act M3 ”;

(iii) after paragraph (3) there shall be added the following paragraph–

“(4) The following persons shall not be treated as engaged in remunerative work–

(a) a person who is mentally or physically disabled and by reason of that disability–

(i) his earnings are reduced to 75 per cent. or less of what a person without that disability and working the same number of hours would reasonably be expected to earn in that employment or in comparable employment in the area; or

(ii) his number of hours of work are 75 per cent. or less of what a person without that disability would reasonably be expected to undertake in that employment or in comparable employment in the area;

(b) subject to regulation 5(4) and (5) (persons treated as engaged in remunerative work), a person to whom section 126 of the Contributions and Benefits Act (trade disputes) applies or in respect of whom section 124(1) of that Act (conditions of entitlement to income support) has effect as modified by section 127(b) of that Act (effect of return to work);

(c) a person to whom paragraph 4 of Schedule 1B applies;

(d) a person who is in employment and who lives in, or is temporarily absent from, a residential care home, a nursing home or residential accommodation, and either–

(i) his, or his partner’s, applicable amount falls to be calculated in accordance with Part I of Schedule 4 (applicable amounts of persons in residential care and nursing homes) or, as the case may be, paragraph 9, 10 to 10C, 13, 16 or 18 of Schedule 7 (applicable amounts in special cases); or

(ii) he or his partner satisfies the conditions specified in paragraph 2A(2) of Part I of Schedule 2 (conditions for entitlement to a residential allowance).”;

(c) in the definition of “part-time employment" in both regulation 29(4D)(a) (calculation of earnings derived from employed earner’s employment) and regulation 35(3)(c) (earnings of employed earners) M4 , after “6(1)" there shall be inserted the words “ and (4) ”;

(d) in Schedule 1B M5 (prescribed categories of person)–

(i) in paragraph 8, for the words “regulation 6(1)(a)" there shall be substituted the words “ regulation 6(4)(a) ”;

(ii) in paragraph 9, for the words “regulation 6(1)(g)" there shall be substituted the words “ regulation 6(4)(d) ”.

Marginal Citations

M1 Regulation 5(6) was added by S.I. 1988/1445 and amended by S.I. 1993/2119.

M2 Regulation 6 was renumbered regulation 6(1) and paragraphs (2) and (3) were inserted by S.I. 1999/2556; paragraph (1)(f) was substituted by S.I. 1996/206; paragraph (1)(j) was inserted by S.I. 1992/468.

M3 Section 171F was inserted by the Social Security (Incapacity for Work) Act 1994 (c. 8), section 6(1).

M4 Regulations 29(4D) and 35(3) were inserted by S.I. 1989/1323. The relevant amending instrument is S.I. 1999/2556.

M5 Schedule 1B was inserted by S.I. 1996/206. The relevant amending instrument is S.I. 1999/2556.