Social Security Act 1990

Incapacity for work: councillor’s allowances and expenses

30 (1) In Schedule 8 to that Act, paragraph 2 (which makes provision with respect to local authority councillors and incapacity for work) shall be amended in accordance with sub-paragraphs (2) to (4) below.

(2) In sub-paragraph (2) (certain benefits to be reduced by the excess of the councillor’s allowance over the earnings limit specified in regulation 3(3) of the Social [S.I. 1983/1598.] Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983, which was £35 at the passing of this Act) for the words “the amount of councillor’s allowance” there shall be substituted the words “the net amount of councillor’s allowance”.

(3) In the definition of “councillor’s allowance” in sub-paragraph (6), the following shall be omitted—

(a) in the paragraph (a) substituted by paragraph 113 of Schedule 11 to the Local [1989 c. 42.] Government and Housing Act 1989, the words “or in section 18(2) of that Act of 1989”; and

(b) in the paragraph (b) so substituted, the words “other than such an allowance as is mentioned in section 18(2) of that Act of 1989”.

(4) In that sub-paragraph, after the definition of “incapacity benefit” there shall be inserted—

““net amount”, in relation to any councillor’s allowance to which a person is entitled, means the aggregate amount of the councillor’s allowance or allowances to which he is entitled for the week in question, reduced by the amount of any expenses incurred by him in that week in connection with his membership of the council or councils in question;”.

(5) In section 36(7) of the principal Act (regulations relating to severe disablement allowance), in paragraph (cc) (which was inserted by paragraph 2(5) of Schedule 8 to the 1989 Act and authorises the reduction of benefit by the excess of the amount of councillor’s allowance over a prescribed sum) for the words “the amount of councillor’s allowance” there shall be substituted the words “the net amount of councillor’s allowance”.