The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2010

Amendments to the Income Support (General) Regulations 1987

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

(2) In Schedule 1B(1) (prescribed categories of person)—

(a) in paragraph 7(c)(2), for “that Act” substitute “the Contributions and Benefits Act”;

(b) in paragraph 14(b)(3), omit “seven weeks after the date on which her pregnancy ends where the expected week of confinement begins prior to 6th April 2003 or” and “where the expected week of confinement begins on or after 6th April 2003”.

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

(a) in paragraph 5B(4), after sub-paragraph (2) add—

“(3) Any increase in respect of a dependent child or dependent young person under section 80 or 90(5) of the Contributions and Benefits Act where—

(a) the claimant has a child or young person who is a member of the claimant’s family for the purposes of the claimant’s claim for income support, and

(b) the claimant, or that claimant’s partner, has been awarded a child tax credit.”;

(b) for paragraph 26(6), substitute—

“26.   Any payment made to the claimant with whom a person is accommodated by virtue of arrangements made—

(a) by a local authority under—

(i) section 23(2)(a) of the Children Act 1989 (provision of accommodation and maintenance for a child whom they are looking after),

(ii) section 26 of the Children (Scotland) Act 1995 (manner of provision of accommodation to child looked after by local authority), or

(iii) regulations 33 or 51 of the Looked After Children (Scotland) Regulations 2009(7) (fostering and kinship care allowances and fostering allowances); or

(b) by a voluntary organisation under section 59(1)(a) of the Children Act 1989 (provision of accommodation by voluntary organisations).”;

(c) in paragraph 28(8)—

(i) in sub-paragraph (1)(c), after “section” insert “22, ”;

(ii) in sub-paragraph (2), before “29” insert “22 or”.

(1)

Inserted by S.I. 1996/206.

(2)

Paragraph 7 was amended by S.I. 2009/3152.

(3)

Relevant amending instrument is S.I. 2002/2689.

(4)

Inserted by S.I. 2003/455.

(5)

Section 80 was repealed by Schedule 6 to the Tax Credits Act 2002, with savings under article 3 of S.I. 2003/938 and section 90 was repealed by Part 2 of Schedule 7 to the Welfare Reform Act 2009 (c. 24), with transitional provisions under section 15(2) and (3) of that Act.

(6)

Relevant amending instruments are S.I. 1992/468, 2004/1141 and 2006/2378. The new paragraph 26 also substitutes the paragraph saved under S.I. 1992/468 in relation to Scotland.

(7)

S.S.I. 2009/210.

(8)

Substituted by S.I. 2008/698.