The Social Security (Miscellaneous Amendments) Regulations 2004

Amendment of the Income Support (General) Regulations 1987 in relation to income and capital disregards

2.—(1) The Income Support (General) Regulations 1987 M1 shall be amended in accordance with this regulation.

(2) In regulation 2(1) (interpretation) omit the definition of “ERA payment”M2 .

(3) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)—

(a) for paragraph 13 M3 substitute the following paragraph—

“13.— (1) Any payment made pursuant to section 2 of the Employment and Training Act 1973 M4 (functions of the Secretary of State) or section 2 of the Enterprise and New Towns (Scotland) Act 1990 M5 (functions in relation to training for employment etc.) except a payment—

(a) made as a substitute for income support, a jobseeker’s allowance, incapacity benefit or severe disablement allowance;

(b) of an allowance referred to in section 2(3) of the Employment and Training Act 1973 or section 2(5) of the Enterprise and New Towns (Scotland) Act 1990;

(c) intended to meet the cost of living expenses which relate to any one or more of the items specified in sub-paragraph (2) whilst a claimant is participating in an education, training or other scheme to help him enhance his employment prospects unless the payment is a Career Development Loan M6 paid pursuant to section 2 of the Employment and Training Act 1973 and the period of education or training or the scheme, which is supported by that loan, has been completed; or

(d) made in respect of the cost of living away from home to the extent that the payment relates to rent for which housing benefit is payable in respect of accommodation which is not normally occupied by the claimant as his home.

(2) The items specified in this sub-paragraph for the purposes of sub-paragraph (1)(c) are food, ordinary clothing or footwear, household fuel, rent for which housing benefit is payable, or any housing costs to the extent that they are met under regulation 17(1)(e) or 18(1)(f) (housing costs), of the claimant or, where the claimant is a member of a family, any other member of his family, or any council tax or water charges for which that claimant or member is liable.

(3) For the purposes of this paragraph, “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities.”;

(b) in paragraph 51 M7 omit from “or in accordance with” to “Act 1973”;

(c) in paragraph 70 M8 omit from “or any payment” to “Act 1973”;

(d) omit paragraphs 59 M9 , 60 M10 , 62 M11 , 62A M12 , 63 M13 , 65 M14 , 77 M15 and 78 M16 .

(4) In Schedule 10 (capital to be disregarded)—

(a) for paragraph 30 M17 substitute the following paragraph—

“30.   Any payment made pursuant to section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990, but only for the period of 52 weeks beginning on the date of receipt of the payment.”;

(b) in paragraph 42 M18 omit—

(i) “, or a training bonus under section 2 of the Employment and Training Act 1973”; and

(ii) from “or in accordance with” to “Act 1973”;

(c) omit paragraphs 50 M19 , 50A M20 , 51 M21 , 53 M22 , 69 M23 and 70 M24 .

Marginal Citations

M1 Relevant amending instruments are S.I. 1988/1445, 663, 1992/468, 1997/2863, 1998/2117, 1999/2556, 3156, 2001/721, 859, 1029, 3767, 2002/2314, 2003/455, 1589, 2279 and 2439.

M2 The definition of “ERA payment” was inserted by S.I. 2003/2279.

M3 Paragraph 13 was substituted by S.I. 1988/663 and amended by S.I. 1997/2863 and 2001/1029.

M4 1973 c. 50. Section 2 was substituted by section 25(1) of the Employment Act 1988 (c. 19).

M5 1990 c. 35.

M6 Information about this Loan can be obtained from any Jobcentre Plus office or by telephoning 0800-585 505.

M7 Paragraph 51 was inserted by S.I. 1992/468.

M8 Paragraph 70 was inserted by S.I. 1999/2556, amended by S.I. 2001/859 and 2003/455 and is revoked by S.I. 2003/1589 with effect from 25 October 2004.

M9 Paragraph 59 was inserted by S.I. 1997/65 and amended by S.I. 2001/3767.

M10 Paragraph 60 was inserted by S.I. 1997/65.

M11 Paragraph 62 was inserted by S.I. 1997/2863, substituted by S.I. 2001/1029 and amended by S.I. 2002/2314.

M12 Paragraph 62A was inserted by S.I. 2002/2314.

M13 Paragraph 63 was inserted by S.I. 1997/2863.

M14 Paragraph 65 was inserted by S.I. 1998/2117 and amended by S.I. 2001/721.

M15 Paragraph 77 was added by S.I. 2003/2279.

M16 Paragraph 78 was added by S.I. 2003/2439.

M17 Paragraph 30 was inserted by S.I. 1988/1445 and amended by S.I. 1993/2119.

M18 Paragraph 42 was inserted by S.I. 1992/468.

M19 Paragraph 50 was inserted by S.I. 1997/2863, substituted by S.I. 2001/1029 and amended by S.I. 2002/2314.

M20 Paragraph 50A was inserted by S.I. 2002/2314.

M21 Paragraph 51 was inserted by S.I. 1997/2863.

M22 Paragraph 53 was inserted by S.I. 1998/2117.

M23 Paragraph 69 was added by S.I. 2003/2279.

M24 Paragraph 70 was added by S.I. 2003/2439.