The Social Security (Infected Blood and Thalidomide) Regulations 2017

Amendments to the Income Support (General) Regulations 1987

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

(2) In regulation 2(1) (interpretation)—

(a) in the appropriate place insert—

““approved blood scheme” means a scheme established or approved by the Secretary of State, or trust established with funds provided by the Secretary of State, for the purpose of providing compensation in respect of a person having been infected from contaminated blood products;”;

(b) in the definition of “qualifying person”, after “the Scottish Infected Blood Support Scheme” insert “, an approved blood scheme”.

(3) In each of the following provisions, after “the Scottish Infected Blood Support Scheme” insert “, an approved blood scheme”—

(a) regulation 42(4ZA)(a) (notional income);

(b) regulation 48(10)(c) (income treated as capital);

(c) regulation 51(3A)(a) (notional capital);

(d) paragraph 18(8)(b) of Schedule 3 (housing costs);

(e) paragraphs 21(2) and 39(1) and (7) of Schedule 9 (sums to be disregarded in the calculation of income other than earnings);

(f) paragraphs 22(1) and (7) and 29 of Schedule 10 (capital to be disregarded).

(4) In Schedule 3, after paragraph 18(8)(c) insert—

“(d) any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.”.

(5) In Schedule 10, after paragraph 72 add—

“73.   Any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.”.

(1)

S.I. 1987/1967. Relevant amending instruments are S.I. 1988/663, 999, 1445 and 2022, 1990/127, 1991/1175, 1992/1101, 1993/963 and 1249, 1995/1613, 1998/2117, 2002/2689, 2004/1141 and 2308, 2005/574 3391, 2007/2538, 2008/2767, 2010/641, 2011/2425, and 2017/329, 422 and 689.