The Social Security (Miscellaneous Amendments) Regulations 2011

Amendments to the Income Support (General) Regulations 1987

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

(2) In regulation 31 (date on which income is treated as paid)—

(a) in paragraph (1) for “to (4) apply” substitute “applies”; and

(b) omit paragraphs (3) and (4)(2).

(3) In regulation 32(1) (calculation of weekly amount of income) omit “and regulation 31(3) (date on which income is treated as paid)(3)”.

(4) In regulation 40(1) (calculation of income other than earnings) omit “and regulation 31(3) and (4) (date on which income is treated as paid)(4)”.

(5) In Schedule 2 (applicable amounts)—

(a) in paragraph 13A(5) (enhanced disability premium), after sub-paragraph (1) insert–

“(1A) Where the condition in sub-paragraph (1) ceases to be satisfied because of the death of a child or young person, the condition is that the claimant is entitled to child benefit in respect of that person under section 145A of the Contributions and Benefits Act(6) (entitlement after death of child or qualifying young person).”; and

(b) in paragraph 14(7) (disabled child premium)–

(i) after sub-paragraph (1)(a) omit “or”,

(ii) after sub-paragraph (1)(b) insert–

“; or

(c) a child or young person in respect of whom section 145A of the Contributions and Benefits Act (entitlement after death of child or qualifying young person) applies for the purposes of entitlement to child benefit but only for the period prescribed under that section, and in respect of whom a disabled child premium was included in the claimant’s applicable amount immediately before the death of that child or young person, or ceased to be included in the claimant’s applicable amount because of that child or young person’s death.”, and

(iii) in sub-paragraph (2), after “condition” insert “in sub-paragraph (1)(a) or (b)”.

(6) In Schedule 3 (housing costs)—

(a) in paragraphs 4(4A)(b)(8), 14(4)(b) and 14(12)(c) after “income” insert “equal to or”;

(b) in paragraph 14(1) omit “Subject to sub-paragraph (2),”; and

(c) omit paragraph 14(2).

(1)

S.I 1987/1967.

(2)

Paragraph (3) was substituted by regulation 2(2) of S.I. 2003/1731 and paragraph (4) was added by regulation 2(4)(c) of S.I. 2008/2767.

(3)

The same words were inserted in regulation 32(1) by regulation 2(5)(a) of S.I. 2008/2767.

(4)

The same words were inserted in regulation 40(1) by regulation 2(8) of S.I. 2009/655.

(5)

Paragraph 13A was inserted by regulation 2(c)(ii) of S.I. 2000/2629. Sub-paragraph (1)(b) was amended by paragraph 20(c)(i) of Schedule 1 to S.I. 2003/455.

(6)

Section 145A was inserted by section 55 of the Tax Credits Act 2002 (c. 21). It has been amended but not in a way material to these Regulations.

(7)

Paragraph 14 remains in force by virtue of regulation 2 and paragraph 20 of Schedule 1 to S.I. 2003/455. It was substituted by regulation 2(7)(g) of S.I. 2007/719.

(8)

Paragraph (4A) was inserted by regulation 2 of S.I. 1997/2863.