The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006

Amendment of the Income Support (General) Regulations 1987

5.—(1) The Income Support (General) Regulations 1987 are amended as follows.

(2) In regulation 16(3)(a)(circumstances in which a person is to be treated as being or not being a member of the same household) for “special hospitals” substitute “high security psychiatric services”.

(3) In regulation 35(1)(j)(earnings of employed earners)(1) for “regulation 18(22) to (25) of the Social Security (Contributions) Regulations 1979(2)” substitute “Part 5 of Schedule 3 to the Social Security (Contributions) Regulations 2001(3)”.

(4) In regulation 48(4) (income treated as capital)(4) for “or 25 to 28” substitute “, 25 to 28, 44 or 45”.

(5) In regulation 65 (relationship with amounts to be disregarded under Schedule 9)(5), omit from “and any other income” to the end of the regulation.

(6) Omit paragraph 16 of Schedule 1B (certain persons aged 50 who have not been in remunerative work for 10 years)(6).

(7) In—

(a) paragraphs 10(4) and 12(1A) of Schedule 2 (applicable amounts)(7), and

(b) paragraphs 7(10) and 14(3AA)(b) and (10) of Schedule 3 (housing costs)(8)

for “52 weeks” in each place that it appears substitute “104 weeks”.

(8) In Schedule 3 (housing costs)(9)—

(a) at the end of paragraph 1(3)(b) (housing costs)(10), insert—

“; or

(c) who is disabled or severely disabled for the purposes of section 9(6) (maximum rate) of the Tax Credits Act 2002(11).”;

(b) for paragraph 3(7)(c)(ii) (circumstances in which a person is to be treated as occupying a dwelling as his home), substitute—

“(ii) the move was delayed pending the outcome of an application under Part 8 of the Contributions and Benefits Act for a social fund payment to meet a need arising out of the move or in connection with setting up the home in the dwelling, and—

(aa) a member of the claimant’s family is aged five or under,

(bb) the claimant’s applicable amount includes a premium under paragraph 9, 9A, 10, 11, 13 or 14 of Schedule 2 (applicable amounts), or

(cc) a child tax credit is paid for a member of the claimant’s family who is disabled or severely disabled for the purposes of section 9(6) (maximum rate) of the Tax Credits Act 2002; or”;

(c) in paragraph 7 (transitional protection), after sub-paragraph (4) insert—

“(4A) For the purposes of sub-paragraphs (3) and (4), there is an increase in the amount of existing housing costs where in any benefit week, those costs are higher than they were in the previous benefit week (whether or not those costs are higher than they were in the second benefit week).”;

(d) in paragraph 17(1)(a) (other housing costs), omit “and, in Scotland, payments by way of feu duty”.

(9) In paragraphs 7(1)(d) and 15A(a) of Schedule 8 (sums to be disregarded in the calculation of earnings)(12) for “Schedule 3 to the Social Security (Contributions) Regulations 1979” in each place that it appears substitute “Schedule 6 to the Social Security (Contributions) Regulations 2001”.

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

(a) in paragraph 15(13)—

(i) for sub-paragraph (1) substitute—

“(1) Subject to sub-paragraph (3) and paragraph 39, any relevant payment made or due to be made at regular intervals.”;

(ii) in sub-paragraph (3), for “Sub-paragraphs (1) and (2)” substitute “Sub-paragraph (1)”;

(iii) omit sub-paragraphs (2), (4) and (5);

(b) omit paragraph 15A(14);

(c) in paragraph 26 for the words from “care authority” to the end of the paragraph substitute “local authority under regulation 9 of the Fostering of Children (Scotland) Regulations 1996 (payment of allowances)(15)”;

(d) in paragraph 30A(16) omit “but not a payment to which paragraph 15A applies”;

(e) in paragraph 36(17), for “paragraphs 15(1) and 16” substitute “paragraph 16”.

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

(a) in paragraph 12(18), after “claimant” insert “or the claimant’s partner”;

(b) after paragraph 12 insert—

“12A.— (1) Any payment made to the claimant or the claimant’s partner in consequence of any personal injury to the claimant or, as the case may be, the claimant’s partner.

(2) But sub-paragraph (1)—

(a) applies only for the period of 52 weeks beginning with the day on which the claimant first receives any payment in consequence of that personal injury;

(b) does not apply to any subsequent payment made to him in consequence of that injury (whether it is made by the same person or another);

(c) ceases to apply to the payment or any part of the payment from the day on which the claimant no longer possesses it;

(d) does not apply to any payment from a trust where the funds of the trust are derived from a payment made in consequence of any personal injury to the claimant.

(3) For the purposes of sub-paragraph (2)(c), the circumstances in which a claimant no longer possesses a payment or a part of it include where the claimant has used a payment or part of it to purchase an asset.

(4) References in sub-paragraphs (2) and (3) to the claimant are to be construed as including references to his partner (where applicable).”;

(c) for paragraph 44(19) substitute—

“44.— (1) Any sum of capital to which sub-paragraph (2) applies and—

(a) which is administered on behalf of a person by the High Court or the County Court under Rule 21.11(1) of the Civil Procedure Rules 1998 or by the Court of Protection;

(b) which can only be disposed of by order or direction of any such court; or

(c) where the person concerned is under the age of 18, which can only be disposed of by order or direction prior to that person attaining age 18.

(2) This sub-paragraph applies to a sum of capital which is derived from—

(a) an award of damages for a personal injury to that person; or

(b) compensation for the death of one or both parents where the person concerned is under the age of 18.”.

(1)

Paragraph (1)(j) was inserted by S.I. 1999/1509.

(2)

S.I. 1979/591.

(3)

S.I. 2001/1004.

(4)

Relevant amending instrument is S.I. 1988/2022.

(5)

Regulation 65 was amended by S.I. 1990/547 and 1996/462.

(6)

Schedule 1B was inserted by S.I. 1996/206.

(7)

Paragraphs 10(4) and 12(1A) were inserted by S.I. 1998/2231.

(8)

Paragraphs 7(10) and 14(10) were inserted by S.I. 1998/2231. Paragraph 14(10) was amended by S.I. 2001/488. Paragraph 14(3AA) was inserted by S.I. 1999/1921.

(9)

Schedule 3 was substituted by S.I. 1995/1613.

(10)

Paragraph 1(3) was amended by S.I. 1995/2927.

(11)

2002 c.21.

(12)

Paragraph 15A was inserted by S.I. 1996/1944.

(13)

Relevant amending instruments are S.I. 1990/547, 1990/1776, 1991/1559, 1993/2119, 1994/527, 1996/462, 2001/3767, 2002/2442, 2004/2308 and 2005/574.

(14)

Relevant amending instruments are S.I. 1993/518, 1995/516, 2001/3767, 2005/2078 and 2005/2687.

(15)

S.I. 1996/3263 (S.253).

(16)

Paragraph 30A was inserted by S.I. 1993/2119 and amended by S.I. 2005/2687.

(17)

Relevant amending instruments are S.I. 1990/547, 1990/1657, 1996/462 and 2000/1922.

(18)

Paragraph 12 was substituted by S.I. 1990/1776.

(19)

Relevant amending instruments are S.I. 1994/2139, 1997/2197 and 2003/2279.