PART IGENERAL
Citation and commencementI11
These Regulations may be cited as the Income Support (General) Regulations 1987 and shall come into force on 11th April 1988.
InterpretationI22
C91
In these Regulations, unless the context otherwise requires—
“the Act” means the Social Security Act 1986;
“attendance allowance” means—
- a
an attendance allowance under section 35 of the Social Security ActF1;
- b
an increase of disablement pension under section 61 or 63 of that ActF2;
- c
a payment under regulations made in exercise of the power conferred by section 159(3)(b) of that Act;
- d
an increase of an allowance which is payable in respect of constant attendance under section 5 of the Industrial Injuries and Diseases (Old Cases) Act 1975F3;
- e
a payment by virtue of article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 1983F4 or any analogous payment; or
- f
any payment based on need for attendance which is paid as part of a war disablement pension;
- a
F373“the benefit Acts" means the Contributions and Benefits Act and the Jobseekers Act 1995;
“benefit week” has the meaning prescribed in paragraph 4 of Schedule 7 to the Social Security (Claims and Payments) Regulations 1987F5; F73and for the purposes of calculating any payment of income and of regulation 74(2)(a) “benefit week” shall also mean the period of 7 days ending on the day before the first day of the first benefit week following the date of claim or the last day on which income support is paid if it is in payment for less than a week;
F118“board and lodging accommodation” means—
- a
accommodation provided to a person or, if he is a member of a family, to him or any other member of his family, for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which both are cooked or prepared (by a person other than the person to whom the accommodation is provided or a member of his family) and are consumed in that accommodation or associated premises; or
- b
accommodation provided to a person in a hotel, guest house, lodging house or some similar establishment,
except accommodation provided by a close relative of his or of any other member of his family, or other than on a commercial basis;
- a
F464“the Children Order" means the Children (Northern Ireland) Order 1995;
“claimant” means a person claiming income support;
“close relative” means a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, sister, or the spouse of any of the preceding persons or, if that person is one of an unmarried couple, the other member of that couple;
F263“community charge benefit” means community charge benefits under Part VII of the Contributions and Benefits Act as originally enacted;
“concessionary payment” means a payment made under arrangements made by the Secretary of State with the consent of the Treasury which is charged either to the National Insurance Fund or to a Departmental Expenditure Vote to which payments of benefit under the Act, the Social Security Act or the Child Benefit Act 1975F6 are charged;
F264“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992;
“co-ownership scheme” means a scheme under which a dwelling is let by a housing association and the tenant, or his personal representative, will, under the terms of the tenancy agreement or of the agreement under which he became a member of the association, be entitled, on his ceasing to be a member and subject to any condition stated in either agreement, to a sum calculated by reference directly or indirectly to the value of the dwelling;
“couple” means a married or an unmarried couple;
F568“course of study" means any course of study, whether or not it is a sandwich course (within the meaning prescribed in regulation 61(1)) and whether or not a grant is made for attending or undertaking it;
“Crown tenant” means a person who occupies a dwelling under a tenancy or licence where the interest of the landlord belongs to Her Majesty in right of the Crown or to a government department or is held in trust for Her Majesty for the purposes of a government department, except (in the case of an interest belonging to Her Majesty in right of the Crown) where the interest is under the management of the Crown Estate Commissioners;
F275“date of claim” means the date on which the claimant makes, or is treated as making, a claim for income support for the purposes of regulation 6 of the Social Security (Claims and Payments) Regulations 1987;
F220“disability living allowance” means a disability living allowance under section 37ZA of the Social Security Act;
F512“disabled person’s tax credit” means a disabled person’s tax credit under section 129 of the Contributions and Benefits Act;
“dwelling occupied as the home” means the dwelling together with any garage, garden and outbuildings, normally occupied by the claimant as his home including any premises not so occupied which it is impracticable or unreasonable to sell separately, in particular, in Scotland, any croft land on which the dwelling is situated.
“earnings” has the meaning prescribed in regulation 35 or, as the case may be, 37;
F375“earnings top-up" means the allowance paid by the Secretary of State under the Earnings Top-up Scheme;
“employed earner” shall be construed in accordance with section 2(1)(a) of the Social Security Act;
F74“employment” except for the purposes of section 20(3)(d) of the Act, includes any trade, business, profession, office or vocation;
F600...
F537“employment zone” means an area within Great Britain designated for the purposes of section 60 of the Welfare Reform and Pensions Act 1999 and an “employment zone programme” means a programme established for such an area or areas designed to assist claimants for a jobseeker’s allowance to obtain sustainable employment;
F537“employment zone contractor” means a person who is undertaking the provision of facilities in respect of an employment zone programme on behalf of the Secretary of State for Education and Employment;
F599“full-time student" has the meaning prescribed in regulation 61(1);
“housing association” has the meaning assigned to it by section 1(1) of the Housing Associations Act 1985F7;
F438“housing benefit expenditure" means expenditure in respect of which housing benefit is payable as specified in regulation 10(1) of the Housing Benefit (General) Regulations 1987 but does not include any such expenditure in respect of which an amount is applicable under regulation 17(1)(e) or 18(1)(f) (housing costs);
F535“Immigration and Asylum Act" means the Immigration and Asylum Act 1999;
F536...
F622“Intensive Activity Period for 50 plus” means the programme known by that name and provided in pursuance of arrangements made by or on behalf of the Secretary of State under section 2 of the Employment and Training Act 1973, being a programme lasting for up to 52 weeks for any one individual aged 50 years or over on the day that he or she first joined any such programme, and consisting for that individual of any one or more of the following elements, namely employed earner’s employment, assistance in pursuing self-employed earner’s employment, education and training, work experience, assistance with job search, motivation and skills training;
“invalid carriage or other vehicle” means a vehicle propelled by petrol engine or by electric power supplied for use on the road and to be controlled by the occupant;
F569“last day of the course" has the meaning prescribed in regulation 61(1);
“liable relative” has the meaning prescribed in regulation 54;
“lone parent” means a person who has no partner and who is responsible for, and a member of the same household as, a child or young person;
“long tenancy” means a tenancy granted for a term of years certain exceeding twenty one years, whether or not the tenancy is, or may become, terminable before the end of that term by notice given by or to the tenant or by re-entry, forfeiture (or, in Scotland, irritancy) or otherwise and includes a lease for a term fixed by law under a grant with a covenant or obligation for perpetual renewal unless it is a lease by sub-demise from one which is not a long tenancy;
F232“lower rate” where it relates to rates of tax has the same meaning as in the Income and Corporation Taxes Act 1988 by virtue of section 832(1) of that Act;
F275“maternity leave” means a period during which a woman is absent from work because she is pregnant or has given birth to a child, and at the end of which she has a right to return to work either under the terms of her contract of employment or under Part III of the Employment Protection (Consolidation) Act 1978;
“mobility allowance” means an allowance under section 37A of the Social Security ActF8;
“mobility supplement” means any supplement under article 26A of the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 1983 F9 including such a supplement by virtue of any other scheme or order or under Article 25A of the Personal Injuries (Civilians) Scheme 1983F10;
“net earnings” means such earnings as are calculated in accordance with regulation 36;
“net profit” means such profit as is calculated in accordance with regulation 38;
F621“the New Deal options” means the employment programmes specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996 and the training scheme specified in regulation 75(1)(b)(ii) of those Regulations;
“non-dependant” has the meaning prescribed in regulation 3;
“non-dependant deduction” means a deduction that is to be made under regulation 17(e) and paragraph 11 of Schedule 3;
“nursing home” has the meaning prescribed in regulation 19(3);
“occupational pension” means any pension or other periodical payment under an occupational pension scheme but does not include any discretionary payment out of a fund established for relieving hardship in particular cases;
“partner” means where a claimant—
- a
is a member of a married or an unmarried couple, the other member of that couple;
- b
is married polygamously to two or more members of his household, any such member;
- a
“payment” includes a part of a payment;
F311“pay period” means the period in respect of which a claimant is, or expects to be, normally paid by his employer, being a week, a fortnight, four weeks, a month or other shorter or longer period as the case may be;
F347“pension fund holder" means with respect to a personal pension scheme or retirement annuity contract, the trustees, managers or scheme administrators, as the case may be, of the scheme or contract concerned;
F570“period of study" means the period beginning with the date on which a person starts attending or undertaking a course of study and ending with the last day of the course or such earlier date (if any) as he finally abandons it or is dismissed from it;
F275“personal pension scheme” has the same meaning as in F348section 1 of the Pension Schemes Act 1993 and, in the case of a self-employed earner, includes a scheme approved by the Inland Revenue under Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988;
“policy of life insurance” means any instrument by which the payment of money is assured on death (except death by accident only) or the happening of any contingency dependent on human life, or any instrument evidencing a contract which is subject to payment of premiums for a term dependent on human life;
F104“polygamous marriage” means any marriage during the subsistence of which a party to it is married to more than one person and the ceremony of marriage took place under the law of a country which permits polygamy;
F245“preserved right” means a preserved right for the purpose of regulation 19;
F227“qualifying person” means a person in respect of whom payment has been made from the Fund F272or the Eileen Trust;
F374...
“relative” means close relative, grand-parent, grand-child, uncle, aunt, nephew or neice;
“relevant enactment” has the meaning prescribed in regulation 16(8)(a);
“remunerative work” has the meaning prescribed in regulation 5;
F75“residential accommodation” except in F136regulation 19 and Schedule 3B has the meaning prescribed in regulation 21(3);
F245“residential allowance” means the weekly amount determined in accordance with paragraph 2A of Schedule 2;
“residential care home” has the meaning prescribed in regulation 19(3);
F349“retirement annuity contract" means a contract or trust scheme approved under Chapter III of Part XIV of the Income and Corporation Taxes Act 1988;
“self-employed earner” shall be construed in accordance with section 2(1)(b) of the Social Security Act;
F602“self-employment route" means—
- a
that part of the Employment Option of the New Deal which is specified in regulation 75(1)(a)(ii)(aa)(ii) of the Jobseeker’s Allowance Regulations 1996; or
- b
assistance in pursuing self-employed earner’s employment whilst participating in
- i
F611an employment zone programme;
- ii
a course of training or instruction funded by or on behalf of the Secretary of State for Education and Employment, the National Assembly for Wales, the Scottish Enterprise or Highlands and Islands EnterpriseF623or
- iii
F624the Intensive Activity Period specified in regulation 75(1)(a)(iv); or
- iv
the Intensive Activity Period for 50 plus;
- i
- a
“single claimant” means a claimant who neither has a partner nor is a lone parent;
“Social Security Act” means the Social Security Act 1975F11;
F486“sports award" means an award made by one of the Sports Councils named in section 23(2) of the National Lottery etc. Act 1993 out of sums allocated to it for distribution under that section;
F571...
F537“subsistence allowance” means an allowance which an employment zone contractor has agreed to pay to a person who is participating in an employment zone programme;
“supplementary benefit” means a supplementary pension or allowance under section 1 or 4 of the Supplementary Benefits Act 1976F12;
“terminal date” in respect of a claimant means the terminal date in his case for the purposes of regulation 7 of the Child Benefit (General) Regulations 1976 F13;
F375“the Earnings Top-up Scheme" means the Earnings Top-up Scheme 1996
F273“the Eileen Trust” means the charitable trust of that name established on 29th March 1993 out of funds provided by the Secretary of State for the benefit of persons eligible for payment in accordance with its provisions;
F227“the Fund” means moneys made available from time to time by the Secretary of State for the benefit of persons eligible for payment in accordance with the provisions of a scheme established by him on 24th April 1992 or, in Scotland, on 10th April 1992;
F270“the Independent Living (1993) Fund” means the Trust of that name established by a deed dated 25th February 1993 and made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Shepherd of the other part;
F270“the Independent Living (Extension) Fund” means the Trust of that name established by a deed dated 25th February 1993 and made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Fletcher Shepherd of the other part;
F71“the Independent Living Fund” means the charitable trust established out of funds provided by the Secretary of State for the purpose of providing financial assistance to those persons incapacitated by or otherwise suffering from very severe disablement who are in need of such assistance to enable them to live independently;
F270“the Independent Living Funds” means the Independent Living Fund, the Independent Living (Extension) Fund and the Independent Living (1933) Fund;
F174“the Macfarlane (Special Payments) Trust” means the trust of that name, established on 29th January 1990 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia;
F203“the Macfarlane (Special Payments) (No. 2) Trust" means the trust of that name, established on 3rd May 1991 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia and other beneficiaries;
F42“the Macfarlane Trust” means the charitable trust, established partly out of funds provided by the Secretary of State to the Haemophilia Society, for the relief of poverty or distress among those suffering from haemophilia;
“training allowance” means an allowance (whether by way of periodical grants or otherwise) payable—
- a
out of public funds by a Government department or by or on behalf of the F199Secretary of State for EmploymentF195, Scottish Enterprise or Highlands and Islands EnterpriseF612, the Learning and Skills Council for England or the National Assembly for Wales;
- b
to a person for his maintenance or in respect of a member of his family; and
- c
for the period, or part of the period, during which he is following a course of training or instruction provided by, or in pursuance of arrangements made with, that department or approved by that department in relation to him or so provided or approved by or on behalf of F200the Secretary of State for EmploymentF195, Scottish Enterprise or Highlands and Islands EnterpriseF613or the National Assembly for Wales,
but it does not include an allowance paid by any Government department to or in respect of a person by reason of the fact that he is following a course of full-time educationF134, other than under arrangements made under section 2 of the Employment and Training Act 1973, or is training as a teacher;
- a
F330“voluntary organisation” means a body, other than a public or local authority, the activities of which are carried on otherwise than for profit;
F265“water charges” means—
- a
as respects England and Wales, any water and sewerage charges under Chapter I of Part V of the Water Industry Act 1991;
- b
as respects Scotland, any water and sewerage charges under Schedule 11 to the Local Government Finance Act 1992;
in so far as such charges are in respect of the dwelling which a person occupies as his home;
- a
F481“welfare to work beneficiary" means a person–
- a
to whom regulation 13A(1) of the Social Security (Incapacity for Work) (General) Regulations 1995 applies; and
- b
who again becomes incapable of work for the purposes of Part XIIA of the Contributions and Benefits Act 1992;
- a
F513“working families' tax credit” means a working families' tax credit under section 128 of the Contributions and Benefits Act;
F312“year of assessment” has the meaning prescribed in section 832(1) of the Income and Corporation Taxes Act 1988;
“young person” has the meaning prescribed in regulation 14.
F72“youth training scheme” F201or youth training means—
- a
arrangements made under section 2 of the Employment and Training Act 1973 (functions of the Secretary of State); or
- b
arrangements made by the Secretary of State for persons enlisted in Her Majesty’s forces for any special term of service specified in regulations made under section 2 of the Armed Forces Act 1966 (power of Defence Council to make regulations as to engagement of persons in regular forces),
for purposes which include the training of persons who, at the beginning of their training, are under the age of 18.
- a
2
In these Regulations, unless the context otherwise requires, a reference—
a
to a numbered Part is to the Part of these Regulations bearing that number;
b
to a numbered regulation or Schedule is to the regulation in or Schedule to these Regulations bearing that number;
c
in a regulation or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number;
d
in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.
3
Unless the context requires otherwise, any reference to the claimant's family or, as the case may be, to a member of his family, shall be construed for the purposes of these Regulations as if it included in relation to a polygamous marriage a reference to any partner and to any child or young person who is treated as the responsibility of the claimant or his partner, where that child or young person is a member of the claimant's household.
F4144
For the purposes of these Regulations references to “benefit under the benefit Acts” shall be construed as including a reference to earnings top-up.
F461Disapplication of section 1(1A) of the Administration Act2A
Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply—
a
to a child or young person in respect of whom income support is claimed;
b
to a partner in respect of whom a claim for income support is made or treated as made before F4625th October 1998.
Definition of non-dependantI33
1
F2192
This paragraph applies to—
a
any member of the claimant’s family;
b
a child or young person who is living with the claimant but who is not a member of his household by virtue of regulation 16 (circumstances in which a person is to be treated as being or not being a member of the household);
c
a person who lives with the claimant in order to care for him or for the claimant’s partner and who is engaged for that purpose by a charitable or F331voluntary organisation which makes a charge to the claimant or the claimant’s partner for the care provided by that person;
d
the partner of a person to whom sub-paragraph (c) applies.
2A
This paragraph applies to a person, other than a close relative of the claimant or the claimant’s partner,—
a
who is liable to make payments on a commercial basis to the claimant or the claimant’s partner in respect of his occupation of the claimant’s dwelling;
b
to whom the claimant or the claimant’s partner is liable to make payments on a commercial basis in respect of his occupation of that person’s dwelling;
c
who is a member of the household of a person to whom sub-paragraph (a) or (b) applies.
2B
Subject to paragraph (2C), this paragraph applies to—
a
a person who jointly occupies the claimant’s dwelling and who is either—
i
a co-owner of that dwelling with the claimant or the claimant’s partner (whether or not there are other co-owners); or
ii
jointly liable with the claimant or the claimant’s partner to make payments to a landlord in respect of his occupation of that dwelling;
b
a partner of a person to whom sub-paragraph (a) applies.
2C
Where a person is a close relative of the claimant or the claimant’s partner, paragraph (2B) shall apply to him only if the claimant’s, or the claimant’s partner’s, co-ownership, or joint liability to make payments to a landlord in respect of his occupation, of the dwelling arose either before 11th April 1988, or, if later, on or before the date upon which the claimant or the claimant’s partner first occupied the dwelling in question.
F1373
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
For the purposes of this regulation a person resides with another only if they share any accommodation except a bathroom, a lavatory or a communal area F119but not if each person is separately liable to make payments in respect of his occupation of the dwelling to the landlord.
5
In this regulation “communal area” means any area (other than rooms) of common access (including halls and passageways) and rooms of common use in sheltered accommodation.
F135Permitted periodC63A
1
For the purposes of regulation 17(6), F355... paragraph 7(6) of Schedule 3A, paragraph 6(3) of Schedule 3B and paragraphs 4 and 6 of Schedule 8 (applicable amounts, mortgage interest, protected sums and earnings to be disregarded), where a claimant has ceased to be entitled to income support–
a
because he or his partner becomes engaged in remunerative work the permitted period, F376... shall be twelve weeks; or
b
for any other reason, the permitted period shall be eight weeks.
F3772
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3783
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART IICONDITIONS OF ENTITLEMENT
F371Prescribed categories of person4ZA
1
Subject to the following provisions of this regulation, a person to whom any paragraph of Schedule 1B applies falls within a prescribed category of person for the purposes of section 124(1)(e) of the Contributions and Benefits Act (entitlement to income support).
2
Paragraph (1) does not apply to a F572full-time student during the period of study.
3
A F572full-time student during the period of study falls within a prescribed category of person for the purposes of section 124(1)(e) of the Contributions and Benefits Act only if—
a
F538paragraph 1 of Part I of the Schedule to the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 applies to him; or
b
paragraph 1, 2, 10, 11, 12, or 18 of Schedule 1B applies to him; or
c
any other paragraph of Schedule 1B applies to him and he has a partner who is also a F572full-time student, and either he or his partner is treated as responsible for a child or young person, but this provision shall apply only for the period of the summer vacation appropriate to his course.
F4544
A person who falls within a prescribed category in Schedule 1B for the purposes of this regulation for any day in a benefit week, shall fall within that category for the whole of that week.
Temporary absence from Great BritainI44
1
Where a claimant is entitled to income support for a period immediately preceding a period of temporary absence from Great Britain, his entitlement to income support F177shall continue only—
a
in the circumstances specified in paragraph (2), during the first 4 weeks of that period of temporary absence; and
b
in the circumstances specified in paragraph (3), during the first 8 weeks of that period.
2
The circumstances in which a claimant's entitlement to income support is to continue during the first four weeks of a temporary absence from Great Britain are that—
a
the period of absence is unlikely to exceed 52 weeks; and
b
while absent from Great Britain, the claimant continues to satisfy the other conditions of entitlement to income support; and
c
any one of the following conditions applies—
F379i
the claimant falls within one or more of the prescribed categories of person listed in Schedule 1B other than paragraphs 7, 15, 20, 21, 24, 25, 26 or 27 of that Schedule; or
F379ii
the claimant falls within paragraph 7 of Schedule 1B (persons incapable of work) and his absence from Great Britain is for the sole purpose of receiving treatment from an appropriately qualified person for the incapacity by reason of which he satisfies the conditions of that paragraph; or
iii
he is in Northern Ireland; or
iv
C7F339v
on the day on which the absence began he had satisfied the provisions of F380paragraph 7 of Schedule 1B (persons incapable of work) for a continuous period of not less than—
aa
196 days in the case of a claimant who is terminally ill within the meaning of section 30B(4) of the Contributions and Benefits Act, or who is entitled to the highest rate of the care component of disability living allowance; or
bb
364 days in any other case,
and for this purpose any two or more separate periods separated by a break of not more than 56 days shall be treated as one continuous period.
F1783
The circumstances in which a claimant’s entitlement to income support is to continue during the first 8 weeks of a temporary absence from Great Britain are that—
a
the period of absence is unlikely to exceed 52 weeks; and
b
the claimant continues to satisfy the other conditions of entitlement to income support; and
c
the claimant is, or the claimant and any other member of his family are, accompanying a member of the claimant’s family who is a child or young person solely in connection with arrangements made for the treatment of that child or young person for a disease or bodily or mental disablement; and
d
those arrangements relate to treatment—
i
outside Great Britain;
ii
during the period whilst the claimant is, or the claimant and any member of his family are, temporarily absent from Great Britain; and
iii
by, or under the supervision of, a person appropriately qualified to carry out that treatment.
F1784
In paragraphs (2) and (3) “appropriately qualified” means qualified to provide medical treatment, physiotherapy or a form of treatment which is similar to, or related to, either of those forms of treatment.
Persons treated as engaged in remunerative workI55
1
Subject to the following provisions of this regulation, for the purposes of section 20(3)(c) of the Act (conditions of entitlement to income support), remunerative work is work in which a person is engaged, or, where his hours of work fluctuate, he is engaged on average, for F226not less than 16 hours a week being work for which payment is made or which is done in expectation of payment.
F3821A
In the case of any partner of the claimant paragraph (1) shall have effect as though for the words “16 hours" there were substituted the words “24 hours".
2
F332Subject to paragraph (3B), the number of hours for which a person is engaged in work shall be determined—
a
where no recognisable cycle has been established in respect of a person's work, by reference to the number of hours or, where those hours are likely to fluctuate, the average of the hours, which he is expected to work in a week;
b
where the number of hours for which he is engaged fluctuate, by reference to the average of hours worked over—
i
if there is a recognisable cycle of work, the period of one complete cycle (including, where the cycle involves periods in which the person does no work, those periods but disregarding any other absences);
ii
in any other case, the period of five weeks immediately before the date of claim or the date F520on which a superseding decision is made under section 10 (decisions superseding earlier decisions) of the Social Security Act 1998, or such other length of time as may, in the particular case, enable the person's average hours of work to be determined more accurately.
3
A person shall be treated as engaged in remunerative work during any period for which he is absent from work referred to in paragraph (1) if the absence is either without good cause or by reason of a recognised, customary or other holiday.
F2763A
A person shall not be treated as engaged in remunerative work on any day on which the person is on maternity leave or is absent from work because he is ill.
F3333B
Where for the purpose of paragraph (2)(b)(i), a person’s recognisable cycle of work at a school, other educational establishment or other place of employment is one year and includes periods of school holidays or similar vacations during which he does not work, those periods and any other periods not forming part of such holidays or vacations during which he is not required to work shall be disregarded in establishing the average hours for which he is engaged in work.
4
A person who makes a claim and to whom or whose partner section 23 of the Act (trade disputes) applies F44or applied shall, for the period of seven days following the date on which the stoppage of work due to a trade dispute at his or his partner's place of work commenced or, if there is no stoppage, the date on which he or his partner first withdrew his labour in furtherance of a trade dispute, be treated as engaged in remunerative work.
5
A person who was, or was treated as being, engaged in remunerative work and in respect of that work earnings to which F138regulation 35(1)(b) to (d) and (i) (earnings of employed earners) applies are F105paid shall be treated as being engaged in remunerative work for the period for which those earnings are taken into account in accordance with Part V.
F766
For the purposes of this regulation, in determining the number of hours in which a person is engaged or treated as engaged in remunerative work, no account shall be taken of any hours in which the person is engaged in an employment or a scheme to which F539regulation 6(1) (persons not treated as engaged in remunerative work) applies.
F1797
For the purposes of paragraphs (1) and (2), in determining the number of hours for which a person is engaged in work, that number shall include any time allowed to that person by his employer for a meal or for refreshment, but only where that person is, or expects to be, paid earnings in respect of that time.
F6258
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6259
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F62510
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Persons not treated as engaged in remunerative workI66
C10F5031
A person shall not be treated as engaged in F77remunerative work in so far as—
F541a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
he is engaged in child minding in his home;
c
he is engaged by a charity or F313voluntary organisationF334..., or is a volunteer where the only payment received by him or due to be paid to him, is a payment which is to be disregarded under regulation 40(2) and paragraph 2 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings);
d
he is engaged on a scheme for which a training allowance is being paid; F221...
F543e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F543f
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F543g
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F222h
he is engaged in any one of the employments mentioned in heads (a) to (d) of sub-paragraph (1) of paragraph 7 of Schedule 8 (which relates to persons serving as firemen, in coastal rescue activities etc); F233...
F222j
F235k
he is engaged in caring for a person who is accommodated with him by virtue of arrangements made under any of the provisions referred to in paragraph 26 F314or in accordance with paragraph 27 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) and is in receipt of any payment specified in F315those paragraphs.
F487m
he is engaged in an activity in respect of which—
i
a sports award has been made, or is to be made, to him; and
ii
no other payment is made or is expected to be made to him.
F5042
A lone parent shall not be treated as engaged in remunerative work for the period specified in paragraph (3) in so far as—
a
he is engaged in work which—
i
is remunerative work; and
ii
he is expected to be engaged in for a period of no less than five weeks; and
b
he had been, for a continuous period of 26 weeks ending on the day before the day on which he commenced the work referred to in sub-paragraph (a)—
i
entitled to and in receipt of income support or income-based jobseeker’s allowance; and
ii
a lone parent.
3
A person referred to in paragraph (2) shall not be treated as engaged in remunerative work for the period of 14 days commencing with the day on which he was first engaged in the work referred to in sub-paragraph (a) of that paragraph.
F5404
The following persons shall not be treated as engaged in remunerative work–
a
a person who is mentally or physically disabled and by reason of that disability–
i
his earnings are reduced to 75 per cent. or less of what a person without that disability and working the same number of hours would reasonably be expected to earn in that employment or in comparable employment in the area; or
ii
his number of hours of work are 75 per cent. or less of what a person without that disability would reasonably be expected to undertake in that employment or in comparable employment in the area;
b
subject to regulation 5(4) and (5) (persons treated as engaged in remunerative work), a person to whom section 126 of the Contributions and Benefits Act (trade disputes) applies or in respect of whom section 124(1) of that Act (conditions of entitlement to income support) has effect as modified by section 127(b) of that Act (effect of return to work);
c
a person to whom paragraph 4 of Schedule 1B applies;
d
a person who is in employment and who lives in, or is temporarily absent from, a residential care home, a nursing home or residential accommodation, and either–
i
his, or his partner’s, applicable amount falls to be calculated in accordance with Part I of Schedule 4 (applicable amounts of persons in residential care and nursing homes) or, as the case may be, paragraph 9, 10 to 10C, 13, 16 or 18 of Schedule 7 (applicable amounts in special cases); or
ii
he or his partner satisfies the conditions specified in paragraph 2A(2) of Part I of Schedule 2 (conditions for entitlement to a residential allowance).
F6265
A person shall not be treated as engaged in remunerative work for the period specified in paragraph (6) in so far as—
a
he or his partner is engaged in work which—
i
is remunerative work; and
ii
he, or his partner, is expected to be engaged in for a period of no less than five weeks;
b
he or his partner had, for a continuous period of 26 weeks ending on the day before the day on which he commenced the work referred to in sub-paragraph (a), been entitled to and in receipt of income support or an income-based jobseeker’s allowance;
c
he or his partner had, as at the day before the day on which he commenced the work referred to in sub-paragraph (a), an applicable amount which included—
i
an amount determined in accordance with Schedule 3 (housing costs) as applicable to him in respect of a loan which qualifies under paragraph 15 or 16 of that Schedule; or
ii
an amount determined in accordance with Schedule 2 to the Jobseeker’s Allowance Regulations 1996 (housing costs) as applicable to him in respect of a loan which qualifies under paragraph 14 or 15 of that Schedule; and
d
he or his partner remain liable to make payments on such a loan.
6
A person referred to in paragraph (5) shall not be treated as engaged in remunerative work for—
a
the period of four weeks commencing with the day on which he was first engaged in the work referred to in sub-paragraph (a) of that paragraph; or
b
in the case of a person to whom paragraph (2) applies, a period of two weeks commencing with the day after the end of the 14 day period specified in paragraph (3).
7
In calculating the period of benefit entitlement referred to in paragraph (2)(b) or (5)(b), no account shall be taken of entitlement arising by virtue of paragraph (3) or (6).
8
In paragraph (5), a reference to the claimant or his partner being entitled to and in receipt of an income-based jobseeker’s allowance or to an amount being applicable to either of them under the Jobseeker’s Allowance Regulations 1996 shall include a reference to the claimant and his partner being entitled to, and in receipt of, a joint-claim jobseeker’s allowance and to an amount being applicable to that couple under those Regulations.
Meaning of employmentF383I77
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Persons not required to be available for employmentF384I88
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Persons treated as available for employmentF385I99
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Circumstances in which claimants are not to be treated as available for employmentF386I1010
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Actively seeking employmentF38710A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Registration for employmentF388I1111
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F180Relevant EducationI1212
1
For the purposes of these Regulations a child or young person is to be treated as receiving relevant education if, and only if—
a
he is not receiving advanced education; but
b
he is receiving full-time education for the purposes of section 2 of the Child Benefit Act 1975 (meaning of child) or, as the case may be, he is treated as a child for the purposes of that section.
2
For the purposes of this regulation “receiving advanced education” means participating in any course (whether full-time or part-time)—
a
leading to a postgraduate degree or comparable qualification, a first degree or comparable qualification, a diploma of higher education, F236a higher national diploma or higher national certificate of either the Business & F277Technology Education Council or the Scottish Vocational Education Council or a teaching qualification; or
b
any other course which is a course of a standard above ordinary national diploma, F237a national diploma or national certificate of either the Business & F277Technology Education Council or the Scottish Vocational Education Council, a general certificate of education (advanced level), a Scottish certificate of education F238(higher level) or a Scottish certificate of sixth year studies.
Circumstances in which persons in relevant education are to be entitled to income supportI1313
1
Notwithstanding that a person is to be treated as receiving relevant education under regulation 12 (relevant education) he shall, if paragraph (2) applies to him and he satisfies the other conditions of entitlement to income support, be entitled to income support.
2
This paragraph applies to F212a person aged 16 or over but under 19 (hereinafter referred to as an eligible person) who—
a
is the parent of a child for whom he is treated as responsible under regulation 15 (circumstances in which a person is to be treated as responsible or not responsible for another) and who is treated as a member of his household under regulation 16 (circumstances in which a person is to be treated as being or not being a member of the household); or
b
is severely mentally or physically handicapped and because of that he would be unlikely, even if he were available for employment, to obtain employment within the next 12 months; or
c
has no parent nor any person acting in the place of his parents; or
F129d
of necessity has to live away from his F202parents and any person acting in the place of his parents because–
i
he is estranged from his F202parents and that person; or
ii
he is in physical or moral danger; or
iii
there is a serious risk to his physical or mental health;
F223dd
has ceased to live in accommodation provided for him by a local authority under Part III of the Children Act 1989(local authority support for children and families) and is of necessity living away from his parents and any person acting in place of his parents;
e
is living away from his parents and any person acting in the place of his parents in a case where his parents are or, as the case may be, that person is unable financially to support him and—
i
chronically sick or mentally or physically disabled; or
ii
detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court; or
iii
prohibited from entering or re-entering Great Britain; or
F392f
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F392g
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F393h
is a person to whom paragraph 18 of Schedule 1B (refugees) applies.
3
In this regulation—
F641a
any reference to a person acting in the place of an eligible person’s parents includes—
i
for the purposes of paragraph (2)(c), (d) and (dd), a reference to a local authority or voluntary organisation where the eligible person is being looked after by them under a relevant enactment or where the eligible person is placed by the local authority or voluntary organisation with another person, that other person, whether or not a payment is made to him;
ii
for the purposes of paragraph (2)(e), the person with whom the person is so placed;
b
“chronically sick or mentally or physically disabled” means, in relation to a person to whom that expression refers, a person—
i
in respect of whom the condition specified in paragraph 12(1) of Schedule 2 (additional condition for the higher pensioner and disability premiums) is satisfied; or
ii
in respect of whom an amount under article 26 of the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 1983 F14 (provision of expenses in respect of appropriate aids for disabled living) is payable in respect of the cost of providing a vehicle, or maintaining a vehicle to a disabled person; or
iii
who is substantially and permanently disabled.
Persons under 18 yearsF38913A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART IIIMEMBERSHIP OF THE FAMILY
Persons of a prescribed descriptionI1414
1
Subject to paragraph (2), a person of a prescribed description for the purposes of section 20(11) of the Act as it applies to income support (definition of the family) and section 23(1) F78and (3) of the Act (trade disputes) is a person aged 16 or over but under 19 who is treated as a child for the purposes of section 2 of the Child Benefit Act 1975 (meaning of child), and in these Regulations such a person is referred to as a “young person”.
2
Paragraph (1) shall not apply to F181a person who is receiving advanced education within the meaning of regulation 12(2) (relevant education) or to a person who is entitled to income support or would, but for section 20(9) of the Act (provision against dual entitlement of members of family), be so entitled.
Circumstances in which a person is to be treated as responsible or not responsible for anotherI1515
F2781
Subject to the following provisions of this regulation, a person is to be treated as responsible for a child or young person for whom he is receiving child benefit.
1A
In a case where a child (“the first child”) is in receipt of child benefit in respect of another child (“the second child”), the person treated as responsible for the first child in accordance with the provisions of this regulation shall also be treated as responsible for the second child.
2
In the case of a child or young person in respect of whom no person is receiving child benefit, the person who shall be treated as responsible for that child or young person shall be—
a
except where sub-paragraph (b) applies, the person with whom the child or young person usually lives; or
b
where only one claim for child benefit has been made in respect of the child or young person, the person who made that claim.
3
Where regulation 16(6) (circumstances in which a person is to be treated as being or not being a member of the household) applies in respect of a child or young person, that child or young person shall be treated as the responsibility of the claimant for that part of the week for which he is under that regulation treated as being a member of the claimant's household.
4
Except where paragraph (3) applies, for the purposes of these Regulations a child or young person shall be treated as the responsibility of only one person in any benefit week and any person other than the one treated as responsible for the child or young person under this regulation shall be treated as not so responsible.
Circumstances in which a person is to be treated as being or not being a member of the householdI1616
1
Subject to paragraphs (2) to (5), the claimant and any partner and, where the claimant or his partner is treated as responsible under regulation 15 (circumstances in which a person is to be treated as responsible or not responsible for another) for a child or young person, that child or young person and any child of that child or young person shall be treated as members of the same household F45notwithstanding that any of themF279is temporarily living away from the other members of his family.
F2802
Paragraph (1) shall not apply to a person who is living away from the other members of his family where—
a
that person does not intend to resume living with the other members of his family; or
b
his absence from the other members of his family is likely to exceed 52 weeks, unless there are exceptional circumstances (for example the person is in hospital or otherwise has no control over the length of his absence), and the absence is unlikely to be substantially more than 52 weeks.
3
Paragraph (1) shall not apply in respect of any member of a couple or of a polygamous marriage where—
a
F398b
one, both or all of them are—
i
detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court; or
ii
on temporary release in accordance with the provisions of the Prison Act 1952 or the Prisons (Scotland) Act 1989;
F246c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
the claimant is abroad and does not satisfy the conditions of regulation 4 (temporary absence from Britain); or
e
one of them is permanently in residential accommodation or a residential care home or a residential nursing home.
4
A child or young person shall not be treated as a member of the claimant's household where he is—
F644a
placed with the claimant or his partner by a local authority under section 23(2)(a) of the Children Act 1989 or by a voluntary organisation under section 59(1)(a) of that Act; or
b
placed with the claimant or his partner prior to adoption; or
5
Subject to paragraph (6), paragraph (1) shall not apply to a child or young person who is not living with the claimant F46and who—
a
F182in a case which does not fall within sub-paragraph (aa), has been continuously absent from Great Britain for a period of more than four weeks commencing—
i
F394subject to paragraph (5A), where he went abroad before the date of claim for income support, with that date;
ii
in any other case, F184on the day which immediately follows the day on which he went abroad; or
F183aa
where regulation 4(3) or paragraph 11A or 12A of Schedule 7 (temporary absence abroad for the treatment of a child or young person) applies, has been continuously absent from Great Britain for a period of more than 8 weeks, that period of 8 weeks commencing—
i
F395subject to paragraph (5A), where he went abroad before the date of the claim for income support, on the date of that claim;
ii
in any other case, on the day which immediately follows the day on which he went abroad; or
b
has been an in-patient or in F47accommodation provided under any of the provisions referred to in F120any of sub-paragraphs (a) to (d) (F139excluding heads (i) and (ii) of sub-paragraph (d)) of the definition of residential accommodation” in regulation 21(3) for a continuous period of more than 12 weeks commencing—
i
F396subject to paragraph (5A), where he became an in-patient or, as the case may be, entered that accommodation before the date of the claim for income support, with that date; or
ii
in any other case, with the date on which he became an in-patient or entered that accommodation,
and, in either case, has not been in regular contact with either the claimant or any member of the claimant's household; or
F645c
is being looked after by a local authority under a relevant enactment; or
d
has been placed with a person other than the claimant prior to adoption; or
e
has been placed for adoption pursuant to a decision under the Adoption Agencies Regulations 1983 or the Adoption Agencies (Scotland) Regulations 1984; or
f
is detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court.
F3975A
Sub-paragraphs (a)(i), (aa)(i) and (b)(i) of paragraph (5) shall not apply in a case where immediately before the date of claim for income support the claimant was entitled to an income-based jobseeker’s allowance.
6
A child or young person to whom any of the circumstances mentioned in sub-paragraphs (c) or (f) of paragraph (5) applies shall be treated as being a member of the claimant's household only for that part of any benefit week where that child or young person lives with the claimant.
7
Where a child or young person for the purposes of attending the educational establishment at which he is receiving relevant education is living with the claimant or his partner and neither one is treated as responsible for that child or young person that child or young person shall be treated as being a member of the household of the person treated as responsible for him and shall not be treated as a member of the claimant's household.
8
In this regulation—
F646a
“relevant enactment” means the Army Act 1955, the Social Work (Scotland) Act 1968, the Matrimonial Causes Act 1973, the Adoption (Scotland) Act 1978, the Family Law Act 1986 and the Children Act 1989
b
“voluntary organisation” has the meaning assigned to it in the F643Children Act 1989 or, in Scotland, the Social Work (Scotland) Act 1968.
PART IVAPPLICABLE AMOUNTS
Applicable amountsI1717
1
Subject to regulations F39918 to 22A and 70 (applicable amounts in other cases and reductions in applicable amounts and urgent cases), a claimant's weekly applicable amount shall be the aggregate of such of the following amounts as may apply in his case:
a
an amount in respect of himself or, if he is a member of a couple, an amount in respect of both of them, determined in accordance with paragraph 1 (1), (2) or (3), as the case may be, of Schedule 2;
C18b
an amount determined in accordance with paragraph 2 of Schedule 2 in respect of any child or young person who is a member of his family, except a child or young person whose capital, if calculated in accordance with Part V in like manner as for the claimant, F281except as provided in regulation 44(1) (modifications in respect of children and young persons), would exceed £3,000;
F247bb
an amount in respect of himself, or where the claimant is a member of a family, an amount in respect of any member of the family aged 16 or over, determined in accordance with paragraph 2A of Schedule 2 (residential allowance);
c
if he is a member of a family of which at least one member is a child or young person, an amount determined in accordance with Part II of Schedule 2 (family premium);
d
the amount of any premiums which may be applicable to him, determined in accordance with Parts III and IV of Schedule 2 (premiums);
e
any amounts determined in accordance with Schedule 3 (housing costs) which may be applicable to him in respect of mortgage interest payments or such other housing costs as are prescribed in that Schedule.
F702
Where —
a
a claimant has throughout the period beginning on 11th April 1988 and ending immediately before the coming into force of paragraphs 25 to 28 of Schedule 10 (capital to be disregarded) failed to satisfy the capital condition in section 22(6) of the Act (no entitlement to benefit if capital exceeds prescribed amount); and
b
as a consequence he is not entitled to any transitional addition, special transitional addition or personal expenses addition under Part II of the Transitional Regulations; and
c
had those paragraphs been in force on 11th April 1988 he would have satisfied that condition and been entitled to any such addition,
the amount applicable under this paragraph shall, subject to paragraph (3), be equal to the amount of any transitional addition, special transitional addition and personal expenses addition to which he would be entitled under Part II of the Transitional Regulations had he been entitled to any such addition in the week commencing 11th April 1988.
F703
For the purposes of paragraph (2), in determining a claimant’s total benefit income in his second benefit week for the purpose of calculating the amount of any transitional addition to which he would have been entitled, no account shall be taken of any payment referred to in paragraph (1)(j) of regulation 9 of the Transitional Regulations (total benefit income) which is made in respect of that week to compensate for the loss of entitlement to income support.
F704
Subject to paragraph (6), where —
a
the claimant or any member of his family was temporarily absent from his home in the claimant’s first or second benefit week (or both), because he was —
i
a patient; or
ii
outside Great Britain for the purpose of receiving treatment for any disease or bodily or mental disablement or for the purpose of accompanying a child or young person who is outside Great Britain for the purpose of receiving such treatment; or
iii
in a residential care or nursing home or in accommodation provided under any of the provisions referred to in any of sub-paragraphs (a) to (d) of the definition of residential accommodation in regulation 21(3) (special cases); or
iv
in the care of a local authority under a relevant enactment; or
v
staying with a person who was contributing to his maintenance; and
b
as a result —
i
in the claimant’s first benefit week his requirements for the purpose of calculating his entitlement to supplementary benefit were increased or reduced or he was not entitled to that benefit; or
ii
in the claimant’s second benefit week his applicable amount was increased or reduced or he was not entitled to income support; and
c
the period during which his requirements were, or his applicable amount was, increased or reduced, or he was not entitled to benefit, or any one or more of those circumstances existed, did not exceed 8 weeks,
the amount applicable under this paragraph shall be equal to the amount determined under paragraph (5).
F705
The amount for the purposes of paragraph (4) shall be an amount equal to the difference between —
a
the amount that his total benefit income in his first benefit week would have been had he been entitled in respect of that week to supplementary benefit calculated on the basis that he or any member of his family had not been absent from the home; and, if less,
b
the amount of his total benefit income in the first complete week after the period of temporary absence ends; but for the purpose of calculating his total benefit income in that week —
i
no account shall be taken of any payment referred to in paragraph (1)(j) of regulation 9 of the Transitional Regulations which is made in respect of that week to compensate for the loss (in whole or in part) of entitlement to income support; and
ii
if the period of temporary absence ends after the coming into force of paragraph (4), the amount of income support to be taken into account shall, notwithstanding regulation 9(6) of the Transitional Regulations, be calculated as if that paragraph were not in force.
F706
The amount under paragraph (4) shall cease to be applicable to a claimant if he ceases to be entitled to income support for a period exceeding F141the permitted period determined in accordance with regulation 3A (permitted period).
F1426A
For the purposes of paragraph (6), where a claimant has ceased to be entitled to income support because he or his partner is participating in arrangements for training made under section 2 of the Employment and Training Act 1973 F196or section 2 of the Enterprise and New Towns (Scotland) Act 1990 or attending a course at an employment rehabilitation centre established under that section F197of the 1973 Act, he shall be treated as if he had been entitled to income support for the period during which he or his partner is participating in such arrangements or attending such a course.
F707
In this Regulation —
“first benefit week” and “second benefit week” have the meanings given to those expressions in regulations 2(1) of the Transitional Regulations and shall also include the week which would have been the claimant’s “first benefit week” or, as the case may be, “second benefit week” had he been entitled to supplementary benefit or, as the case may be, income support in that week;
“total benefit income” has, subject to paragraphs (3) and (5)(b), the same meaning as in regulation 9 of the Transitional Regulations;
“Transitional Regulations” means the Income Support (Transitional) Regulations 1987.
Polygamous marriagesI1818
F801
F81Subject to paragraph (2) and regulationsF40019 to 22A and 70 (applicable amounts in other cases and reductions in applicable amounts and urgent cases), where a claimant is a member of a polygamous marriage his weekly applicable amount shall be the aggregate of such of the following amounts as may apply in his case:
a
the highest amount applicable to him and one of his partners determined in accordance with sub-paragraph (3) of paragraph 1 of Schedule 2 as if he and that partner were a couple;
b
c
C31an amount determined in accordance with paragraph 2 of Schedule 2 (applicable amounts) in respect of any child or young person for whom he or a partner of his is responsible and who is a member of the same household except a child or young person whose capital, if calculated in accordance with Part V in like manner as for the claimant, F282except as provided in regulation 44(1) (modifications in respect of children and young persons), would exceed £3,000;
F248cc
an amount, whether in respect of the claimant or any member of his household aged 16 or over, determined in accordance with paragraph 2A of Schedule 2 (residential allowance);
d
if he or another partner of the polygamous marriage is responsible for a child or young person who is a member of the same household, the amount specified in Part II of Schedule 2 (family premiums);
e
the amount of any premiums which may be applicable to him determined in accordance with Parts III and IV of Schedule 2 (premiums);
f
any amounts determined in accordance with Schedule 3 (housing costs) which may be applicable to him in respect of mortgage interest payments or such other housing costs as are prescribed in that Schedule.
F79g
any amount determined in accordance with regulation 17(1)(f) (applicable amounts);
F822
In the case of a partner who is aged less than 18, the amount which applies in respect of that partner shall be nil unless—
a
that partner is treated as responsible for a child, or
F402b
that partner is a person who—
i
had he not been a member of a polygamous marriage would have qualified for income support under regulation 4ZA; or
ii
satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (prescribed circumstances for persons aged 16 but less than 18); or
iii
is the subject of a direction under section 16 of the Jobseekers Act 1995 (persons under 18: severe hardship).
Applicable amounts for persons in residential care and nursing homesI1919
F48F2531
Subject to F403regulation 22A (reduction of applicable amounts) where a claimant has a preserved right and either—
a
lives in a residential care or nursing home; or
b
is a member of a family and he and the members of his family live in such a home,
his weekly applicable amount shall, except in a case to which regulation 21 (applicable amounts in special cases) or Part II of Schedule 4 (persons to whom regulation 19 does not apply) applies, be calculated in accordance with Part I of that Schedule.
F2051ZA
A person to whom paragraph (1) applies shall be treated as not being severely disabled.
F2491ZB
In this regulation a person has a preserved right, subject to paragraphs (1ZE) and (1ZF), where—
a
on 31st March 1993, he was living in a residential care home or a nursing home, and—
i
was entitled to income support for the benefit week in which that day fell and his applicable amount was calculated in accordance with Part I of Schedule 4; or
ii
was not in that week entitled to income support because he was able to meet the cost of the accommodation from other sources available to him, but subsequently becomes entitled to income support; or
F318iii
was not in that week entitled to income support, but was residing with his partner as a member of a couple on the relevant date where the partner was a person to whom head (i) or (ii) applies; or
b
he would have been living in a residential care home or nursing home on 31st March 1993 but for an absence which, including that day, does not exceed—
i
except in a case to which head (ii)
applies—
aa
where the person was before his absence a temporary resident in the home, 4 weeks, or
bb
where the person was before his absence a permanent resident in the home, 13 weeks; or
ii
where throughout the period of absence the person was a patient, 52 weeks,
and the provisions of sub-paragraph (a) would have applied to him but for that absence.
1ZC
Subject to paragraphs (1ZD), (1ZE) and (1ZF), a person also has a preserved right where—
a
on 31st March 1993 he was living in a residential care home or nursing home within the meaning of paragraph (3) as then in force, and was entitled to income support but his applicable amount was not calculated in accordance with Part I of Schedule 4 because he was a person to whom paragraph 14 of Schedule 4 applied (accommodation provided by a close relative); and
b
after 31st March 1993, either—
i
he moved from the home in which he was residing on that date to another residential care home or nursing home, or
ii
the ownership of the home changed,
and in the home to which he moved, or as the case may be, following the change of ownership, the accommodation and meals (if any) are provided for him by a person other than a close relative of his F284or of any member of his family, and are provided on a commercial basis.
1ZD
Where a person has a preserved right under paragraph (1ZC), that right shall commence on the first full day of residence in the residential care home or nursing home to which he moved, or as the case may be, the day after the ownership of the F300home changed.
1ZE
F319In England and Wales, a person does not have a preserved right by virtue of paragraph (1ZB)(a)(ii) or (1ZC) where the residential care home in which he was living provided both board and personal care for less than 4 persons.
F3161ZEA
Where, in Scotland, a person would have had a preserved right by virtue of paragraph (1ZB)(a)(ii) or (1ZC) but for the provisions of paragraph (1ZE) as it originally had effect, that person shall be treated from the date this regulation has effect in respect of him as though the first two paragraphs referred to continued to have effect in his case.
1ZF
Paragraphs (1ZB) and (1ZC) shall cease to apply to a person who has a preserved right where he is absent from a residential care home or nursing home and that absence exceeds a period of—
a
except in a case to which sub-paragraph (b) applies—
i
4 weeks, where the person was before his absence a temporary resident in the home, or,
ii
13 weeks, where the person was before his absence a permanent resident in the home; or
b
52 weeks where throughout the period of absence the person was a patient.
1ZG
a
A person who acquired a preserved right under paragraph (1ZB) or (1ZC) shall cease to have that right where either—
i
he moves from the home he resided in, or would but for an absence specified in paragraph (1ZB)(b) have resided in, on 31st March 1993 to another residential care home or nursing home, or
ii
the ownership of that home changes;
b
a preserved right acquired under paragraph (1ZB) or (1ZC) which ceased to apply to a person in accordance with sub-paragraph (a) shall, notwithstanding that paragraph, revive and again apply in his case where—
i
he moves from the home mentioned in sub-paragraph (a)(i) to another residential care home or nursing home, or
ii
the ownership of that home changes, or in the case of a home mentioned in sub-paragraph (a)(ii), changes again,
and in the home to which he moves or, as the case may be, following the change or further change of ownership, the accommodation and meals (if any) are provided for him otherwise than by a close relative of his F286or of any member of his family, and are provided on a commercial basis.
1ZH
For the purposes of paragraphs (1ZB) and (1ZF) a person is a permanent resident in a residential care home or nursing home where the home is his principal place of abode, and a temporary resident where it is not.
1ZJ
For the avoidance of doubt, the expression “residential care home” in paragraphs (1ZB) and (1ZE) has the meaning it bore on 31st March 1993.
F2831ZK
Where a person—
a
formerly had a preserved right by virtue of paragraph (1ZB); and
b
on 1st April 1993 was living in a home which was exempt from registration under Part I of the Registered Homes Act 1984 pursuant to section 1(4)(a) of that Act (exemption from registration in respect of certain homes) because one or more of the residents were treated as relatives pursuant to section 19(4) of that Act; and
c
is living in that home on 4th October 1993; and
d
between 1st April 1993 and 4th October 1993 he has not been absent from that home, or has been absent from it for a period not exceeding 13 weeks;
then subject to paragraph (1ZL) that person shall be treated for the purposes of this regulation as though he had a preserved right on and after 4th October 1993.
1ZL
Paragraph (1ZK) shall cease to apply to a person who is treated as though he had a preserved right where he is absent from a residential care home or nursing home and that absence exceeds a period of—
a
except in a case to which sub-paragraph (b) applies, 13 weeks; or
b
52 weeks where throughout the period of absence the person was a patient.
F3011ZM
Where a person is treated in accordance with paragraph (1ZK) as having a preserved right, paragraph (1ZG) shall apply to that person as if he had acquired a preserved right under paragraph (1ZB).
F3171ZN
Where a person—
a
on 31st March 1993 was a member of a couple and his partner acquired a preserved right under paragraph (1ZB)(a)(i);
b
before 3rd October 1994 ceased to be a member of a couple; and
c
between 31st March 1993 and 3rd October 1994 has been living in a residential care home or a nursing home,
he shall be treated for the purposes of this regulation as having a preserved right from 3rd October 1994.
1ZO
Subject to paragraph (1ZG), where a person would have been living in a residential care home or nursing home on 31st March 1993 but for an absence which, including that day, does not exceed—
a
where the person was before his absence a temporary resident in the home, 4 weeks; or
b
where the person was before his absence a permanent resident in the home, 13 weeks; or
c
where throughout the period of absence the person was a patient, 52 weeks,
and the provisions of paragraph (1ZN) would have applied to him but for that absence, he shall be treated as having a preserved right from 3rd October 1994.
1ZP
Where a person is treated as having a preserved right in accordance with paragraphs (1ZK), (1ZN) or (1ZO) above, paragraph (1ZG) shall apply to that person as if he had acquired a preserved right under paragraph (1ZB).
1ZQ
Where a person to whom paragraph (IZO) refers is absent from a residential care home or nursing home in the period from 31st March 1993 to 3rd October 1994 for a period which exceeds a period to which paragraph (1ZO) refers and which is appropriate in his case, he shall cease to be treated as having a preserved right.
F3571ZR
A person who acquired a preserved right under paragraph (1ZB) or (1ZC) shall cease to have that right if —
a
he resides in a home which falls within sub-paragraph (c) of the definition of “residential care home" in paragraph (3) (homes run by the Abbeyfield Society) and which is not registered or deemed to be registered under any of the enactments referred to in sub-paragraph (a) or (e) of that definition;
b
he requires personal care, including assistance with bodily functions, and that residential care home does not provide such care; and
c
he, or a person on his behalf, contracts with another person or body to provide that care,
but that preserved right shall revive if any of the conditions specified in sub-paragraphs (a) to (c) above ceases to apply and that person would, but for this provision, have retained that right.
F481A
For the purposes of paragraph (1)(b) F144and Schedule 4 a claimant and the members of his family are to be taken as living in a residential care home or nursing home even during periods when one or more members of the family are temporarily absent from the home but only if the claimant or his partner is living in the home during any such period.
2
Where—
a
a claimant immediately before 27th July 1987 was in receipt of supplementary benefit as a boarder in a residential care home which was not required to register under Part I of the Registered Homes Act 1984 because section 1(4) of that Act (registration) applied to it; and
b
immediately before 11th April 1988 his appropriate amount fell to be determined, by virtue of regulation 3 of the Supplementary Benefit (Requirements and Resources) Amendment Regulations 1987 F19 (transitional provisions), in accordance with paragraph 1 of Schedule 1A to the Supplementary Benefit Requirements Regulations 1983 F20 (maximum amounts for residential care homes) or would have been so determined but for his temporary absence from the home,
his weekly applicable amount shall be calculated in accordance with Part I of Schedule 4 (applicable amounts of persons in residential care homes or nursing homes) as if the home was a residential care home within the meaning of this regulation if, and for so long as, the claimant remains resident in the same home apart from any temporary absence, and the home continues to provide accommodation with board and personal care for the claimant by reason of his old age, disablement, past or present dependence on alcohol or drugs or past or present mental disorder.
3
In this regulation and Schedule 4—
“nursing home” means—
- a
premises which are a nursing home or mental nursing home within the meaning of the Registered Homes Act 1984 F21 and which are either registered under Part II of that Act or exempt from registration under section 37 thereof (power to exempt Christian Science Homes); or
- b
any premises used or intended to be used for the reception of such persons or the provision of such nursing or services as is mentioned in any paragraph of subsection (1) of section 21 or section 22 (1) of the Registered Homes Act 1984 (meaning of nursing home or mental nursing home) or, in Scotland, as are mentioned in section 10 (2) of the Nursing Homes Registration (Scotland) Act 1938 F22 (interpretation) and which are maintained or controlled by a body instituted by special Act of Parliament or incorporated by Royal Charter;
- c
in Scotland,
- i
premises which are a nursing home within the meaning of section 10 of the Nursing Homes Registration (Scotland) Act 1938 which are either registered under that Act or exempt from registration under section 6 or 7 thereof (general power to exempt homes and power to exempt Christian Science Homes); or
- ii
premises which are a private hospital within the meaning of section 12 of the Mental Health (Scotland) Act 1984 F23 (private hospitals), and which are registered under that Act;
- i
- a
“residential care home” means an establishment—
- a
F49which is required to be registered under Part I of the Registered Homes Act 1984 and is so registeredF250, or is deemed to be registered under section 2(3) of the Registered Homes (Amendment) Act 1991 (which refers to the registration of small homes where the application for registration has not been determined); or
- b
F251...
- c
run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society; or
- d
F83which provides residential accommodation with both board and personal care and is managed or provided by a body incorporated by Royal Charter or constituted by Act of Parliament other than a local social services authority; or
- e
in Scotland, which is a home registered under section 61 of the Social Work (Scotland) Act 1968 F24 or is an establishment provided by F252a housing association registered with Scottish Homes established by the Housing (Scotland) Act 1988F25 which provides care equivalent to that given in residential accommodation provided under Part IV of the Social Work (Scotland) Act F2881968; or
- f
F287which is exempt from registration under Part I of the Registered Homes Act 1984 pursuant to section 1(4)(a) of that Act (exemption from registration in respect of certain homes) because one or more of the residents are treated as relatives pursuant to section 19(4) of that Act;
F84and in paragraphs (b) and (d) of this definition “personal care” means personal care for persons in need of personal care by reason of F106old age, disablement, past or present dependence on alcohol or drugs, or past or present mental disorder.
- a
“temporary absence” means—
- a
F50in paragraph (2) or in the case of a person who is over pensionable age, 52 weeks;
- b
in any other case, 13 weeks.
- a
4
In Schedule 4 the expressions “old age”, “mental disorder”, “mental handicap”, “drug or alcohol dependence” and “disablement” have the same meanings as those expressions have for the purposes of the Registered Homes Act 1984 and Regulations made thereunder.
F1455
Notwithstanding the foregoing paragraphs of this regulation, where–
a
a person has been registered under the Registered Homes Act 1984 in respect of premises which have been carried on as a residential care home or, as the case may be, a nursing home, and that person has ceased to carry on such a home; and
b
an application for registration under that Act has been made by another person and that application has not been determined or abandoned,
the applicable amount of a person resident in those premises shall be determined under Schedule 4 as if the most recent registration under the Registered Homes Act 1984 in respect of those premises continued until the day on which the application is determined or abandoned.
Applicable amounts for persons in board and lodging accommodation and hostelsF146I2020
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Special casesI2121
C191
Subject to F435F544regulation 21ZB (treatment of refugees) andF404regulation 22A (reductions in applicable amounts) in the case of a person to whom any paragraph in column (1) of Schedule 7 applies (applicable amounts in special cases), the amount included in the claimant's weekly amount in respect of him shall be the amount prescribed in the corresponding paragraph in column (2) of that Schedule; but no amount shall be included in respect of a child or young person if the capital of that child or young person calculated in accordance with Part V in like manner as for the claimant, F302except as provided in regulation 44(1) (modifications in respect of children and young persons), would exceed £3,000.
F2061A
Except where the amount prescribed in Schedule 7 in respect of a person to whom paragraph (1) applies includes an amount applicable under regulation 17(1)(d) or 18(1)(e), a person to whom paragraph (1) applies shall be treated as not being severely disabled.
2
In Schedule 7, for the purposes of paragraph 1, 2, 3 or 18 (patients), where a person has been a patient for two or more distinct periods separated by one or more intervals each not exceeding 28 days, he shall be treated as having been a patient continuously for a period equal in duration to the total of those distinct periods.
3
F370Subject to paragraph (3F), in Schedule 7—
F546“partner of a person subject to immigration control" means a person–
- i
who is not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act; or
- ii
to whom section 115 of that Act does not apply by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000; and
- iii
who is a member of a couple and his partner is subject to immigration control within the meaning of section 115(9) of that Act and section 115 of that Act applies to her for the purposes of exclusion from entitlement to income support;
- i
F545...
F310“person from abroad” F547... means a claimant who is not habitually resident in the United Kingdom, F405the Channel Islands, the Isle of Man or the Republic of Ireland, but for this purpose, no claimant shall be treated as not habitually resident in the United Kingdom who is—
- a
a worker for the purposes of Council Regulation (EEC) No. 1612/68 or (EEC) No. 1251/70 or a person with a right to reside in the United Kingdom pursuant to Council Directive No.68/360/EEC or No.73/148/EEC; or
- b
a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951, as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967; or
- c
a person who has been granted exceptional leave F466to enter the United Kingdom by an immigration officer within the meaning of the Immigration Act 1971, or to remain in the United Kingdom by the Secretary of StateF567; or
- d
a person who is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act and who is in the United Kingdom as a result of his deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom;
- a
“patient” means a person (other than a prisoner) who is regarded as receiving free in-patient treatment within the meaning of the Social Security (Hospital In-Patients) Regulations 1975F26.
F335“prisoner” means a person who—
- a
is detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court; or
- b
is on temporary release in accordance with the provisions of the Prison Act 1952 or the Prisons (Scotland) Act 1989,
other than a person F465who is detained in hospital under the provisions of the Mental Health Act 1983, or, in Scotland, under the provisions of the Mental Health (Scotland) Act 1984 or the Criminal Procedure (Scotland) Act 1995,
- a
F256“residential accommodation” means, subject to the following provisions of this regulation, accommodation provided by a local authority in a home owned or managed by that or another local authority—
- a
under sections 21 to 24 F336...of the National Assistance Act 1948 (provision of accommodation); or
- b
in Scotland, under section 13B or 59 of the Social Work (Scotland) Act 1968 (provision of residential and other establishments)F320...; or
- c
under section 7 of the Mental Health (Scotland) Act 1984 (functions of local authorities),
where the accommodation is provided for a person whose stay in that accommodation has become other than temporary.
- a
F2113A
Where on or after 12th August 1991 a person is in, or only temporarily absent from, residential accommodation within the meaning of paragraph (3) and that accommodation subsequently becomes a residential care home within the meaning of regulation 19 (applicable amounts for persons in residential care and nursing homes) that person shall continue to be treated as being in residential accommodation within the meaning of paragraph (3) if, and for so long as, he remains in the same accommodation F437....
F2543B
In a case where on 31st March 1993 a person was in or was temporarily absent from accommodation provided under section 26 of the National Assistance Act 1948, the definition of “residential accommodation” in paragraph (3) shall have effect in relation to that case as if for the words “provided by a local authority in a home owned or managed by that or another authority” there were substituted the words “provided in accordance with arrangements made by a local authority”, and for the words in sub-paragraph (a) “under sections 21 to 24F337...” there were substituted the words “under section 26”.
3C
In a case where on 31st March 1993 a person was in or was temporarily absent from accommodation provided by a local authority under section 21 of the National Assistance Act 1948, the definition of “residential accommodation” in paragraph (3) shall have effect in relation to that case as if, after the words “by that or another F289local authority” there were inserted the words “or provided in accordance with arrangements made by a local authority”.
F3213D
In Scotland, in a case where on the 31st March 1993 a person was in or was temporarily absent from accommodation provided under section 13B in a private or voluntary sector home, section 59(2)(c) of the Social Work (Scotland) Act 1968 or section 7 of the Mental Health (Scotland) Act 1984 in a voluntary or private sector home, the definition of “residential accommodation” in paragraph (3) shall have effect in that case as if—
a
for the words “provided by a local authority in a home owned or managed by that or another local authority” there were substituted the words “provided in accordance with arrangements made by a local authority”; and
b
for the words in sub-paragraph (b) “under section 13B or 59” there were substituted the words “under section 13B or 59(2)(c)”;
and for the purpose of this paragraph the definition of “residential accommodation” above shall continue to have effect as though the words “other than in premises registered under section 61 of that Act (registration) and which are used for the rehabilitation of alcoholics or drug addicts,” were retained at the end of sub-paragraph (b) of the definition.
3E
In Scotland, in a case where on 31st March 1993 a person was in or was temporarily absent from accommodation the provision of which was secured by a local authority under section 13B in a home owned or managed by that or another local authority, section 59(2)(a) or (b) of the Social Work (Scotland) Act 1968, or section 7 of the Mental Health (Scotland) Act 1984 in a home owned or managed by that or another local authority, the definition of “residential accommodation” in paragraph (3) shall have effect in relation to that case as if, after the words “by that or another local authority” there were inserted the words “or provided in accordance with arrangements made by a local authority”.
F3693F
In paragraph (3) “person from abroad” does not include any person in Great Britain who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption.
4
A person who would, but for this paragraph, be in residential accommodation within the meaning of paragraph (3) shall not be treated as being in residential accommodation if he is a person—
a
who is under the age of 18 and in the care of a local authority under Part II or III of the Social Work (Scotland) Act 1968 (promotion of social welfare of children in need of care), or
F338b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F59c
for whom board is not provided.
F2394A
F257In paragraph (4), sub-paragraph (c) in the definition of “residential accommodation” shall apply only to accommodation—
a
where no cooked or prepared food is made available to the claimant in consequence solely of his paying the charge for the accommodation or any other charge which he is required to pay as a condition of occupying the accommodation, or both of those charges, or
b
where such food is actually made available for his consumption on payment of a further charge or charges.
F2554B
In the case of a person who on 31st March 1993 was either in or only temporarily absent from, residential accommodation within the meaning of regulation 21(3) as then in force, paragraph (4) shall apply as if sub-paragraph (c) was omitted.
5
A claimant to whom paragraph 19 of Schedule 7 (disability premium) applies shall be entitled to income support for the period in respect of which that paragraph applies to him notwithstanding that his partner was also entitled to income support for that same period.
F434Treatment of refugeesF53421ZB
1
This paragraph applies to a person who has submitted a claim for asylum on or after 3rd April 2000 and who is notified that he has been recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967.
2
Subject to paragraph (3), a person to whom paragraph (1) applies, who claims income support within 28 days of receiving the notification referred to in paragraph (1), shall have his claim for income support determined as if he had been recorded as a refugee on the date when he submitted his claim for asylum.
3
The amount of support provided under section 95 or 98 of the Immigration and Asylum Act, including support provided by virtue of regulations made under Schedule 9 to that Act, by the Secretary of State in respect of essential living needs of the claimant and his dependants (if any) as specified in regulations made under paragraph 3 of Schedule 8 to the Immigration and Asylum Act shall be deducted from any award of income support due to the claimant by virtue of paragraph (2).
Reductions in applicable amounts in certain cases of failure to attend coursesF39021A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reductions in applicable amounts in certain cases of actual or notional unemployment benefit disqualificationF391I2222
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F372Reduction in applicable amount where the claimant is appealing against a decision F497which embodies a determination that he is not incapable of work22A
C8C201
Subject to paragraph (3), where a claimant falls within paragraph 25 of Schedule 1B (persons appealing against a decision F498which embodies a determination that they are not incapable of work under the F548personal capability assessment), and none of the other paragraphs of that Schedule applies to him, his applicable amount shall be reduced by a sum equivalent to 20 per cent. of the following amount—
a
in the case of a person to whom regulation 17 or 18 or paragraphs 6, 9 to 12, 16, 17(c)(i) or (d)(i) of Schedule 7 applies—
i
where he is a single claimant aged less than 18 or a member of a couple or a polygamous marriage where all the members, in either case, are less than 18, the amount specified in paragraph 1(1)(a), (b) or (c), as the case may be, of Schedule 2 (applicable amounts);
ii
where he is a single claimant aged not less than 18 but less than 25 or a member of a couple or a polygamous marriage where one member is aged not less than 18 but less than 25 and the other member, or in the case of a polygamous marriage each other member, is a person under 18 who—
aa
does not qualify for income support under regulation 4ZA, or who would not so qualify if he were to make a claim; and
bb
does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (prescribed circumstances for persons aged 16 but less than 18); and
cc
is not the subject of a direction under section 16 of the Jobseekers Act 1995 (persons under 18: severe hardship),
the amount specified in paragraph 1(1)(d) of that Schedule;
iii
where he is a single claimant aged not less than 25 or a member of a couple or a polygamous marriage (other than a member of a couple or a polygamous marriage to whom head (ii) of this sub-paragraph applies) at least one of whom is aged not less than 18, the amount specified in paragraph 1(1)(e) of that Schedule;
b
in the case of a person to whom regulation 19 applies (applicable amounts for people in residential care and nursing homes), the amount allowed for personal expenses for him specified in paragraph 13 of Schedule 4.
2
A reduction under paragraph (1) shall, if it is not a multiple of 5p, be rounded to the nearest such multiple or, if it is a multiple of 2.5p but not of 5p, to the next lower multiple of 5p.
3
Paragraph (1) shall not apply to a claimant who is appealing against a decision F499which embodies a determination that he is not incapable of work under the F549personal capability assessment where that F500determination was F550the first determination made in accordance with, the all work test before 3rd April 2000 or, after that date, the personal capability assessment, in relation to the claimant, and the claimant was, immediately prior to 13th April 1995, either—
a
in receipt of invalidity pension under Part II of the Contributions and Benefits Act as then in force, or severe disablement allowance; or
b
incapable of work in accordance with paragraph 5 of Schedule 1 as in force on 12th April 1995 and had been so for a continuous period of 28 weeks.
PART VINCOME AND CAPITAL
CHAPTER Igeneral
Calculation of income and capital of members of claimant's family and of a polygamous marriageI2323
1
F85Subject to paragraphs (2) and (4) and to regulation 44 (modifications in respect of children and young persons), the income and capital of a claimant’s partner and the income of a child or young person which by virtue of section 22(5) of the Act is to be treated as income and capital of the claimant, shall be calculated in accordance with the following provisions of this Part in like manner as for the claimant; and any reference to the “claimant” shall, except where the context otherwise requires, be construed, for the purposes of this Part, as if it were a reference to his partner or that child or young person.
2
Regulations 36(2) and 38(2), so far as they relate to paragraphs 1 to 10 of Schedule 8 (earnings to be disregarded) and regulation 41(1) (capital treated as income) shall not apply to a child or young person.
3
F86Subject to paragraph (5) where a claimant or the partner of a claimant is married polygamously to two or more members of his household—
a
the claimant shall be treated as possessing capital and income belonging to each such member and the income of any child or young person who is one of that member's family; and
b
the income and capital of that member or, as the case may be, the income of that child or young person shall be calculated in accordance with the following provisions of this Part in like manner as for the claimant or, as the case may be, as for any child or young person who is a member of his family.
F874
Where at least one member of a couple is aged less than 18 and the applicable amount of the couple falls to be determined under F406paragraphs 1(3)(b), (c), (f) or (g) of Schedule 2 (applicable amounts), the income of the claimant’s partner shall not be treated as the income of the claimant to the extent that–
a
in the case of a couple where both members are aged less than 18, the amount specified in paragraph 1(3)(a) of that Schedule exceeds the amount specified in F407paragraph 1(3)(c) of that Schedule; and
b
in the case of a couple where only one member is aged less than 18, the amount specified in paragraph 1(3)(d) of that Schedule exceeds the amount which applies in that case which is specified in F408paragraph 1(3)(f) or (g) of that Schedule.
F875
Where a member of a polygamous marriage is a partner aged less than 18 and the amount which applies in respect of him under regulation 18(2) (polygamous marriages) is nil, the claimant shall not be treated as possessing the income of that partner to the extent that an amount in respect of him would have been included in the applicable amount if he had fallen within the circumstances set out in regulation 18(2)(a) or (b).
F476Income of participants in the self-employment routeF603...23A
Chapters II, III, IV, V, VII and VIIA of this Part and regulations 62 to 66A, 68 and 69 shall not apply to any income which is to be calculated in accordance with Chapter IVA of this Part (participants in the self-employment routeF604...).
Treatment of charitable or voluntary paymentsF107I2424
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Liable relative paymentsI2525
Regulations 29 to 44, 46 to 52 and Chapter VIII of this Part shall not apply to any payment which is to be calculated in accordance with Chapter VII thereof (liable relatives).
F269Child support25A
Regulations 29, 31, 32, 40 and 42 and Chapter VII of this Part shall not apply to any payment which is to be calculated in accordance with Chapter VIIA of this Part (child support).
Calculation of income and capital of students I2626
The provisions of Chapters II to VI of this Part (income and capital) shall F615have effect in relation to students and their partners subject to the modifications set out in Chapter VIII thereof (students).
F51Rounding of fractionsI2727
Where any calculation under this Part results in a fraction of a penny that fraction shall, if it would be to the claimant’s advantage, be treated as a penny, otherwise it shall be disregarded.
CHAPTER IIincome
Calculation of incomeI2828
1
For the purposes of section 20(3) of the Act (conditions of entitlement to income support) the income of a claimant shall be calculated on a weekly basis—
a
by determining in accordance with this Part, other than Chapter VI, the weekly amount of his income; and
b
by adding to that amount the weekly income calculated under regulation 53 (calculation of tariff income from capital).
F2132
For the purposes of paragraph (1) “income” includes capital treated as income under regulation 41 (capital treated as income) and income which a claimant is treated as possessing under regulation 42 (notional income).
Calculation of earnings derived from employed earner's employment and income other than earningsI2929
1
F108... Earnings derived from employment as an employed earner and income which does not consist of earnings shall be taken into account over a period determined in accordance with the following paragraphs and at a weekly amount determined in accordance with regulation 32 (calculation of weekly amount of income).
2
Subject to F439the following provisions of this regulation, the period over which a payment is to be taken into account shall be—
a
in a case where it is payable in respect of a period, a period equal to the length of that period;
b
in any other case, a period equal to such number of weeks as is equal to the number obtained (and any fraction shall be treated as a corresponding fraction of a week) by dividing the net earnings, or in the case of income which does not consist of earnings, the amount of that income F185less any amount paid by way of tax on that income which is disregarded under paragraph 1 of Schedule 9 (income other than earnings to be disregarded) by the amount of income support which would be payable had the payment not been made plus an amount equal to the total of the sums which would fall to be disregarded from that payment under Schedule 8 F186(earnings to be disregarded) or, as the case maybe, any paragraph of Schedule 9 other than paragraph 1 of that Schedule, as is appropriate in the claimant's case,
and that period shall begin on the date on which the payment is treated as paid under regulation 31 (date on which income is treated as paid).
F4402A
The period over which a Career Development Loan, which is paid pursuant to section 2 of the Employment and Training Act 1973, shall be taken into account shall be the period of education and training intended to be supported by that loan.
2B
Where grant income as defined in Chapter VIII of this Part has been paid to a person who ceases to be a F573full-time student before the end of the period in respect of which that income is payable and, as a consequence, the whole or part of that income falls to be repaid by that person, that income shall be taken into account over the period beginning on the date on which that income is treated as paid under regulation 31 and ending—
a
on the date on which repayment is made in full; or
F467aa
where the grant is paid in instalments, on the day before the next instalment would have been paid had the claimant remained a F573full-time student; or
b
on the last date of the academic term or vacation during which that person ceased to be a F573full-time student,
whichever shall first occur.
3
Where earnings not of the same kind are derived from the same source and the periods in respect of which those earnings would, but for this paragraph, fall to be taken into account—
a
overlap, wholly or partly, those earnings shall be taken into account over a period equal to the aggregate length of those periods;
b
and that period shall begin with the earliest date on which any part of those earnings would otherwise be treated as paid under regulation 31 (date on which income is treated as paid).
F1474
In a case to which paragraph (3) applies, earnings under regulation 35 (earnings of employed earners) shall be taken into account in the following order of priority—
a
earnings normally derived from the employment;
b
any payment to which paragraph (1)(b) or (c) of that regulation applies;
c
any payment to which paragraph (1)(i) of that regulation applies;
d
any payment to which paragraph (1)(d) of that regulation applies.
F1094A
Where earnings to which regulation 35(1)(b) to (d) (earnings of employed earners) applies are paid in respect of part of a day, those earnings shall be taken into account over a period equal to a day.
F1484B
Where earnings to which regulation 35(1)(i)(i) applies (earnings of employed earners) are paid in respect of or on the termination of any employment which is not part-time employment, the period over which they are to be taken into account shall be—
a
a period equal to such number of weeks as is equal to the number (less any fraction of a whole number) obtained by dividing the net earnings by the maximum weekly amount which, on the date on which the payment of earnings is made, is specified in paragraph 8(1)(c) of Schedule 14 to the Employment Protection (Consolidation) Act 1978; or
b
a period equal to the length of the specified period, whichever is the shorter, and that period shall begin on the date on which the payment is treated as paid under regulation 31 (date on which income is treated as paid).
F1484C
Any earnings to which regulation 35(1)(i)(ii) applies which are paid in respect of or on the termination of part-time employment, shall be taken into account over a period equal to one week.
F1484D
In this regulation—
a
b
“specified period” means a period equal to—
i
the period of notice which is applicable to a person, or would have been applicable if it had not been waived; less
ii
any part of that period during which the person has continued to work in the employment in question or in respect of which he has received a payment to which regulation 35(1)(c) applies, and for the purposes of this definition “period of notice” means the periodof notice of termination of employment to which a person is entitled by statute or by contract, whichever is the longer, or, if he is not entitled to such notice, the period of notice which is customary in the employment in question.
5
For the purposes of this regulation the claimant's earnings and income which does not consist of earnings shall be calculated in accordance with Chapters III and V respectively of this Part.
Calculation of earnings of self-employed earnersI3030
1
Except where paragraph (2) applies, where a claimant's income consists of earnings from employment as a self-employed earner the weekly amount of his earnings shall be determined by reference to his average weekly earnings from that employment—
a
over a period of F290one year; or
b
where the claimant has recently become engaged in that employment or there has been a change which is likely to affect the normal pattern of business, over such other period F291... as may, in any particular case, enable the weekly amount of his earnings to be determined more accurately.
2
Where the claimant's earnings consist of royalties or sums paid periodically for or in respect of any copyright those earnings shall be taken into account over a period equal to such number of weeks as is equal to the number obtained (and any fraction shall be treated as a corresponding fraction of a week) by dividing the earnings by the amount of income support which would be payable had the payment not been made plus an amount equal to the total of the sums which would fall to be disregarded from the payment under Schedule 8 (earnings to be disregarded) as is appropriate in the claimant's case.
3
For the purposes of this regulation the claimant's earnings shall be calculated in accordance with Chapter IV of this Part.
Date on which income is treated as paidI3131
1
Except where paragraph (2) F553or (3) applies, a payment of income to which regulation 29 (calculation of earnings derived from employed earner's employment and income other than earnings) applies shall be treated as paid—
a
in the case of a payment which is due to be paid before the first benefit week pursuant to the claim, on the date on which it is due to be paid;
b
in any other case, on the first day of the benefit week in which it is due to be paid or the first succeeding benefit week in which it is practicable to take it into account.
2
F5523
Working families’ tax credit under section 128 of the Contributions and Benefits Act and disabled person’s tax credit under section 129 of that Act shall be treated as paid on the first day of the benefit week in which the Tuesday following the day on which the award of that tax credit commenced falls.
Calculation of weekly amount of incomeI3232
1
For the purposes of regulation 29 (calculation of earnings derived from employed earner's employment and income other than earnings), subject to F149paragraphs (2) to (7)F53..., where the period in respect of which a payment is made—
a
does not exceed a week, the weekly amount shall be the amount of that payment;
b
exceeds a week, the weekly amount shall be determined—
i
in a case where that period is a month, by multiplying the amount of the payment by 12 and dividing the product by 52;
ii
in a case where that period is three months, by multiplying the amount of the payment by 4 and dividing the product by 52;
iii
in a case where that period is a year by dividing the amount of the payment by 52;
iv
in any other case by multiplying the amount of the payment by 7 and dividing the product by the number equal to the number of days in the period in respect of which it is made.
2
Where a payment for a period not exceeding a week is treated under regulation 31(1)(a) (date on which income is treated as paid) as paid before the first benefit week and a part is to be taken into account for some days only in that week (the relevant days), the amount to be taken into account for the relevant days shall be calculated by multiplying the amount of the payment by the number equal to the number of relevant days and dividing the product by the number of days in the period in respect of which it is made.
3
Where a payment is in respect of a period equal to or in excess of a week and a part thereof is to be taken into account for some days only in a benefit week (the relevant days), the amount to be taken into account for the relevant days shall, except where paragraph (4) applies, be calculated by multiplying the amount of the payment by the number equal to the number of relevant days and dividing the product by the number of days in the period in respect of which it is made.
4
In the case of a payment of—
a
b
income support F411or jobseeker’s allowance, the amount to be taken into account for the relevant days shall be calculated by multiplying the weekly amount of the benefit by the number of relevant days and dividing the product by seven.
5
Except in the case of a payment which it has not been practicable to treat under regulation 31(1)(b) as paid on the first day of the benefit week in which it is due to be paid, where a payment of income from a particular source is or has been paid regularly and that payment falls to be taken into account in the same benefit week as a payment of the same kind and from the same source, the amount of that income to be taken into account in any one benefit week shall not exceed the weekly amount determined under paragraph (1)(a) or (b), as the case may be, of the payment which under regulation 31(1)(b) (date on which income is treated as paid) is treated as paid first.
6
Where the amount of the claimant's income fluctuates and has changed more than once, or a claimant's regular pattern of work is such that he does not work every week, the foregoing paragraphs may be modified so that the weekly amount of his income is determined by reference to his average weekly income—
a
if there is a recognisable cycle of work, over the period of one complete cycle (including, where the cycle involves periods in which the claimant does no work, those periods but disregarding any other absences);
b
in any other case, over a period of five weeks or such other period as may, in the particular case, enable the claimant's average weekly income to be determined more accurately.
F4416A
Where income is taken into account under paragraph (2B) of regulation 29 over the period specified in that paragraph, the amount of that income to be taken into account in respect of any week in that period shall be an amount equal to the amount of that income which would have been taken into account under regulation 62 had the person to whom that income was paid not ceased to be a F574full-time student.
F1507
Where any payment of earnings is taken into account under paragraph (4C) of regulation 29 (calculation of earnings derived from employed earner’s employment and income other than earnings), over the period specified in that paragraph, the amount to be taken into account shall be equal to the amount of the payment.
Weekly amount of charitable or voluntary paymentF110I3333
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Incomplete weeks of benefitF55I3434
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER IIIemployed earners
Earnings of employed earnersI3535
1
F151Subject to paragraphs (2) and (3), “earnings” means in the case of employment as an employed earner, any remuneration or profit derived from that employment and includes—
a
any bonus or commission;
b
any payment in lieu of remuneration except any periodic sum paid to a claimant on account of the termination of his employment by reason of redundancy;
c
any payment in lieu of notice F152...;
d
any holiday pay except any payable more than four weeks after the termination or interruption of employment but this exception shall not apply to a claimant to whom F56section 23 of the Act (trade disputes) applies or in respect of whom section 20(3) of the Act (conditions of entitlement to income support) has effect as modified by section 23A(b) of the Act (effect of return to work).
e
any payment by way of a retainer;
f
any payment made by the claimant's employer in respect of expenses not wholly, exclusively and necessarily incurred in the performance of the duties of the employment, including any payment made by the claimant's employer in respect of—
i
travelling expenses incurred by the claimant between his home and place of employment;
ii
expenses incurred by the claimant under arrangements made for the care of a member of his family owing to the claimant's absence from home;
g
any award of compensation made under section 68(2) or 71(2)(a) of the Employment Protection (Consolidation) Act 1978 F27 (remedies for unfair dismissal and compensation);
h
any such sum as is referred to in section 18(2) of the Social Security (Miscellaneous Provisions) Act 1977 F28 (certain sums to be earnings for social security purposes).
F153i
where—
i
a payment of compensation is made in respect of employment which is not part-time employment and that payment is not less than the maximum weekly amount, the amount of the compensation less the deductible remainder, where that is applicable;
ii
a payment of compensation is made in respect of employment which is part-time employment, the amount of the compensation.
F484j
the amount of any payment by way of a non-cash voucher which has been taken into account in the computation of a person’s earnings in accordance with regulation 18(22) to (25) of the Social Security (Contributions) Regulations 1979.
F1541A
For the purposes of paragraph (1)(i)(i) the “deductible remainder”—
a
applies in cases where dividing the amount of the compensation by the maximum weekly amount produces a whole number plus a fraction; and
b
is equal to the difference between—
i
the amount of the compensation; and
ii
the product of the maximum weekly amount multiplied by the whole number.
2
“Earnings” shall not include—
a
F485subject to paragraph (2A), any payment in kind;
b
any remuneration paid by or on behalf of an employer to the claimant F292in respect of a period throughout which the claimant is on maternity leave or is absent from work because he is ill;
c
any payment in respect of expenses wholly, exclusively and necessarily incurred in the performance of the duties of the employment;
d
any occupational pension.
F442e
any lump sum payment made under the Iron and Steel Re-adaptation Benefits Scheme
F4832A
Paragraph (2)(a) shall not apply in respect of any non-cash voucher referred to in paragraph (1)(j).
F1553
In this regulation—
a
“compensation” means any payment made in respect of or on the termination of employment in a case where a person has not received or received only part of a payment in lieu of notice due or which would have been due to him had he not waived his right to receive it, other than—
i
any payment specified in paragraph (1)(a) to (h);
ii
any payment specified in paragraph (2)(a) to F443(e);
iii
any redundancy payment within the meaning of section 81(1) of the Employment Protection (Consolidation) Act 1978, and
iv
any refund of contributions to which that person was entitled under an occupational pension scheme within the meaning of section 66(1) of the Social Security Pensions Act 1975;
F176v
any compensation payable by virtue of section 173 or section 178(3) or (4) of the Education Reform Act 1988.
b
“maximum weekly amount” means the maximum weekly amount which, on the date on which the payment of compensation is made, is specified in paragraph 8(1)(c) of Schedule 14 to the Employment Protection (Consolidation) Act 1978;
Calculation of net earnings of employed earnersI3636
1
For the purposes of regulation 29 (calculation of earnings of employed earners) the earnings of a claimant derived from employment as an employed earner to be taken into account shall, subject to paragraph (2), be his net earnings.
2
There shall be disregarded from a claimant's net earnings, any sum, where applicable, specified in paragraphs 1 to 13 F507, 15A or 15B of Schedule 8.
3
For the purposes of paragraph (1) net earnings shall be calculated by taking into account the gross earnings of the claimant from that employment less—
a
any amount deducted from those earnings by way of—
i
income tax;
ii
primary Class 1 contributions under the Social Security ActF29; and
b
one-half of any sum paid by the claimant F322in respect of a pay period by way of a contribution towards an occupational or personal pension scheme.
CHAPTER IVself-employed earners
Earnings of self-employed earnersI3737
1
Subject to paragraph (2), “earnings”, in the case of employment as a self-employed earner, means the gross receipts of the employment and shall include any allowance paid under section 2 of the Employment and Training Act 1973 F30F198or section 2 of the Enterprise and New Towns (Scotland) Act 1990 to the claimant for the purpose of assisting him in carrying on his business.
F2402
“Earnings” shall not include—
a
where a claimant is involved in providing board and lodging accommodation for which a charge is payable, any payment by way of such a charge;
F323b
any payment to which paragraph 26 or 27 of Schedule 9 refers (payments in respect of a person accommodated with the claimant under an arrangement made by a local authority or voluntary organisation and payments made to the claimant by a health authority, local authority or voluntary organisation in respect of persons temporarily in the claimant’s care).
F488c
any sports award.
Calculation of net profit of self-employed earnersI3838
1
For the purposes of regulation 30 (calculation of earnings of self-employed earners), the earnings of a claimant to be taken into account shall be—
a
in the case of a self-employed earner who is engaged in employment on his own account, the net profit derived from that employment;
b
in the case of a self-employed earner whose employment is carried on in partnership or is that of a share fisherman within the meaning of the Social Security (Mariners' Benefits) Regulations 1975F31, his share of the net profit derived from that employment less—
i
an amount in respect of income tax and of social security contributions payable under the Social Security Act calculated in accordance with regulation 39 (deduction of tax and contributions for self-employed earners); and
2
There shall be disregarded from a claimant's net profit any sum, where applicable, specified in paragraphs 1 to 13 F508or 15B of Schedule 8.
3
For the purposes of paragraph (1) (a) the net profit of the employment shall, except where paragraph (9) applies, be calculated by taking into account the earnings of the employment over the period determined under regulation 30 (calculation of earnings of self-employed earners) less—
a
subject to paragraphs (5) to (7), any expenses wholly and exclusively defrayed in that period for the purposes of that employment;
b
an amount in respect of—
i
income tax; and
ii
social security contributions payable under the Social Security Act, calculated in accordance with regulation 39 (deduction of tax and contributions for self-employed earners); and
4
For the purposes of paragraph (1) (b), the net profit of the employment shall be calculated by taking into account the earnings of the employment over the period determined under regulation 30 less, subject to paragraphs (5) to (7), any expenses wholly and exclusively defrayed in that period for the purposes of that employment.
5
Subject to paragraph (6), no deduction shall be made under paragraph (3) (a) or (4) in respect of—
a
any capital expenditure;
b
the depreciation of any capital asset;
c
any sum employed or intended to be employed in the setting up or expansion of the employment;
d
any loss incurred before the beginning of the period determined under regulation 30 (calculation of earnings of self-employed earners);
e
the repayment of capital on any loan taken out for the purposes of the employment;
f
any expenses incurred in providing business entertainment.
6
A deduction shall be made under paragraph (3) (a) or (4) in respect of the repayment of capital on any loan used for—
a
the replacement in the course of business of equipment or machinery; and
b
the repair of an existing business asset except to the extent that any sum is payable under an insurance policy for its repair.
7
F521The Secretary of State shall refuse to make a deduction in respect of any expenses under paragraph (3) (a) or (4) where he is not satisfied that the expense has been defrayed or, having regard to the nature of the expense and its amount, that it has been reasonably incurred.
8
For the avoidance of doubt—
a
a deduction shall not be made under paragraph (3) (a) or (4) in respect of any sum unless it has been expended for the purposes of the business;
b
a deduction shall be made thereunder in respect of—
i
the excess of any VAT paid over VAT received in the period determined under regulation 30 (calculation of earnings of self-employed earners);
ii
any income expended in the repair of an existing asset except to the extent that any sum is payable under an insurance policy for its repair;
iii
any payment of interest on a loan taken out for the purposes of the employment.
9
Where a claimant is engaged in employment as a child minder the net profit of the employment shall be one-third of the earnings of that employment, less—
a
an amount in respect of—
i
income tax; and
ii
social security contributions payable under the Social Security Act, calculated in accordance with regulation 39 (deduction of tax and contributions for self-employed earners); and
b
F293one half of any premium paid in respect of a retirement annuity contract or a personal pension scheme.
10
Notwithstanding regulation 30 (calculation of earnings of self-employed earners) and the foregoing paragraphs, F522the Secretary of State may assess any item of a claimant's income or expenditure over a period other than that determined under regulation 30 as may, in the particular case, enable the weekly amount of that item of income or expenditure to be determined more accurately.
11
For the avoidance of doubt where a claimant is engaged in employment as a self-employed earner and he is also engaged in one or more other employments as a self-employed or employed earner any loss incurred in any one of his employments shall not be offset against his earnings in any other of his employments.
F35012
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Deduction of tax and contributions for self-employed earnersI3939
1
The amount to be deducted in respect of income tax under regulation 38 (1) (b) (i), (3) (b) (i) or (9) (a) (i) (calculation of net profit of self-employed earners) shall be calculated on the basis of the amount of chargeable income and as if that income were assessable to income tax at F241the lower rate or, as the case may be, the lower rate and the basic rate of tax less only the personal relief to which the claimant is entitled under sections 8 (1) and (2) and 14 (1) (a) and (2) of the Income and Corporation Taxes Act 1970 (personal relief) F32 as is appropriate to his circumstances; but, if the period determined under regulation 30 (calculation of earnings of self-employed earners) is less than a year, F242the earnings to which the lower rate F326... of tax is to be applied and the amount of the personal relief deductible under this paragraph shall be calculated on a pro rata basis.
2
The amount to be deducted in respect of social security contributions under regulation 38(1)(b)(i), (3)(b)(ii) or (9)(a)(ii) shall be the total of—
F294a
the amount of Class 2 contributions payable under section 11(1) or, as the case may be, 11(3) of the Contributions and Benefits Act at the rate applicable at the date of claim except where the claimant’s chargeable income is less than the amount specified in section 11(4) of that Act (small earnings exception) for the tax year in which the date of claim falls; but if the assessment period is less than a year, the amount specified for that tax year shall be reduced pro rata; and
F294b
the amount of Class 4 contributions (if any) which would be payable under section 15 of that Act (Class 4 contributions recoverable under the Income Tax Acts) at the percentage rate applicable at the date of claim on so much of the chargeable income as exceeds the lower limit but does not exceed the upper limit of profits and gains applicable for the tax year in which the date of claim falls; but if the assessment period is less than a year, those limits shall be reduced pro rata.
3
In this regulation “chargeable income” means—
a
except where sub-paragraph (b) applies, the earnings derived from the employment less any expenses deducted under paragraph (3) (a) or, as the case may be, (4) of regulation 38;
b
in the case of employment as a child minder, one-third of the earnings of that employment.
F475CHAPTER IVAPARTICIPANTS IN THE SELF-EMPLOYMENT ROUTEF601...
Words in Pt. V Ch. IVA heading omitted (27.11.2000) by virtue of The Social Security Amendment (Employment Zones) (No. 2) Regulations 2000 (S.I. 2000/2910), regs. 1(1), 5(1)(c)
InterpretationC13C12C1139A
In this Chapter—
F605...
“special account" means, where a person was carrying on a commercial activity in respect of which assistance is received under the self-employment route, the account into which the gross receipts from that activity were payable during the period in respect of which such assistance was received.
Treatment of gross receipts of participants in the self-employment routeF606...39B
The gross receipts of a commercial activity carried on by a person in respect of which assistance is received under the self-employment route, shall be taken into account in accordance with the following provisions of this Chapter.
Calculation of income of participants in the self-employment routeF607...39C
1
The income of a person who has received assistance under the self-employment route shall be calculated by taking into account the whole of the monies in the special account at the end of the last day upon which such assistance was received and deducting from those monies—
a
an amount in respect of income tax calculated in accordance with regulation 39D (deduction in respect of tax for participants in the self-employment routeF608...); and
b
any sum to which paragraph (4) refers.
2
Income calculated pursuant to paragraph (1) shall be apportioned equally over a period which starts on the date the income is treated as paid under paragraph (3) and is equal in length to the period beginning with the day upon which assistance was first received under the self-employment route and ending on the last day upon which such assistance was received.
3
Income calculated pursuant to paragraph (1) shall be treated as paid—
a
in the case where it is due to be paid before the first benefit week in respect of which the participant or his partner first claims income support following the last day upon which assistance was received under the self-employment route, on the day in the week in which it is due to be paid which corresponds to the first day of the benefit week;
b
in any other case, on the first day of the benefit week in which it is due to be paid.
4
This paragraph refers, where applicable in each benefit week in respect of which income calculated pursuant to paragraph (1) is taken into account pursuant to paragraphs (2) and (3), to the sums which would have been disregarded under paragraphs 4 to 6B and 9 of Schedule 8 had the income been earnings.
Deduction in respect of tax for participants in the self-employment routeF609...39D
1
The amount to be deducted in respect of income tax under regulation 39C(1)(a) (calculation of income of participants in the self-employment routeF610...) in respect of the period determined under regulation 39C(2) shall be calculated as if—
a
the chargeable income is the only income chargeable to tax;
b
the personal reliefs which are applicable to the person receiving assistance under the self-employment route by virtue of sections 257(1), 257A(1) and 259 of the Income and Corporation Taxes Act 1988 (personal reliefs) are allowable against that income; and
c
the rate at which the chargeable income less the personal relief is assessable to income tax is the lower rate of tax or, as the case may be, the lower rate and the basic rate of tax.
2
For the purpose of paragraph (1), the lower rate of tax to be applied and the amount of the personal relief deductible shall, where the period determined under regulation 39C(2) is less than a year, be calculated on a pro rata basis.
3
In this regulation, “chargeable income" means the monies in the special account at the end of the last day upon which assistance was received under the self-employment route.
CHAPTER Vother income
Calculation of income other than earningsI4040
1
For the purposes of regulation 29 (calculation of income other than earnings) the income of a claimant which does not consist of earnings to be taken into account shall, subject to F468paragraphs (2) to (3B), be his gross income and any capital treated as income under regulations F111... 41 and 44 (F111... capital treated as income and modifications in respect of children and young persons).
2
There shall be disregarded from the calculation of a claimant's gross income under paragraph (1), any sum, where applicable, specified in Schedule 9.
3
Where the payment of any benefit under the benefit Acts F33 is subject to any deduction by way of recovery the amount to be taken into account under paragraph (1) shall be the gross amount payable.
F1903A
Where a loan is made to a person pursuant to arrangements made under section 1 of the Education (Student Loans) Act 1990 F194or article 3 of the Education (Student Loans) (Northern Ireland) Order 1990 and that person ceases to be a F575full-time student before the end of the academic year in respect of which the loan is payable or, as the case may be, before the end of his course, a sum equal to the weekly amount apportionable under paragraph (2) of regulation 66A shall be taken into account under paragraph (1) for each F455benefit week, in the period over which the loan fell to be apportioned, following the date on which that person ceases to be a F575full-time student; but in determining the weekly amount apportionable under paragraph (2) of regulation 66A so much of that paragraph as provides for a disregard shall not have effect.
F4443B
In the case of income to which regulation 29(2B) applies (calculation of income of former students), the amount of income to be taken into account for the purposes of paragraph (1) shall be the amount of that income calculated in accordance with regulation 32(6A) and on the basis that none of that income has been repaid.
4
a
any payment to which regulation 35(2) or 37(2) (payments not earnings) applies; or
b
in the case of a claimant who is receiving support provided under section 95 or 98 of the Immigration and Asylum Act including support provided by virtue of regulations made under Schedule 9 to that Act, the amount of such support provided in respect of essential living needs of the claimant and his dependants (if any) as is specified in regulations made under paragraph 3 of Schedule 8 to the Immigration and Asylum Act;
F5555
In the case of a claimant who is the partner of a person subject to immigration control and whose partner is receiving support provided under section 95 or 98 of the Immigration and Asylum Act including support provided by virtue of regulations made under Schedule 9 to that Act, there shall not be included as income to be taken into account under paragraph (1) the amount of support provided in respect of essential living needs of the partner of the claimant and his dependants (if any) as is specified in regulations made under paragraph 3 of Schedule 8 to the Immigration and Asylum Act.
Capital treated as incomeI4141
F5231
Capital which is payable by instalments which are outstanding on–
a
the first day in respect of which income support is payable or the date of the determination of the claim, whichever is earlier; or
b
in the case of a supersession, the date of that supersession,
shall be treated as income if the aggregate of the instalments outstanding and the amount of the claimant’s capital otherwise calculated in accordance with Chapter VI of this Part exceeds £8,000 F627or, in a case where regulation 45(aa) applies, £12,000 or, in a case where regulation 45(b) applies, £16,000.
2
Any payment received under an annuity shall be treated as income.
3
In the case of a person to whom section 23 of the Act (trade disputes) applies F57or in respect of whom section 20(3) of the Act (conditions of entitlement to income support) has effect as modified by section 23A(b) of the Act (effect of return to work), any payment under F131F642section 17 or 24 of the Children Act 1989 or, as the case may be, section 12, 24 or 26 of the Social Work (Scotland) Act 1968 (local authorities' duty to promote welfare of children and powers to grant financial assistance to persons in, or formerly in, their care) shall be treated as income.
F904
In the case of a person to whom section 20(3) of the Act (conditions of entitlement to income support) has effect as modified by section 23A(b) of that Act (effect of return to work), any amount by way of repayment of income tax deducted from his emoluments in pursuance of section 203 of the Income and Corporation Taxes Act 1988, shall be treated as income.
F1565
Any earnings to the extent that they are not a payment of income shall be treated as income.
F4456
Any Career Development Loan paid pursuant to section 2 of the Employment and Training Act 1973 shall be treated as income.
Notional incomeI42C1442
1
A claimant shall be treated as possessing income of which he has deprived himself for the purpose of securing entitlement to income support or increasing the amount of that benefit.
2
Except in the case of—
a
a discretionary trust;
b
a trust derived from a payment made in consequence of a personal injury;
F412c
jobseeker’s allowance;
F446d
child benefit to which paragraph (2D) refers;
e
F514working families' tax credit;
f
F515disabled person’s tax credit,
F351g
a personal pension scheme or retirement annuity contract where the claimant is aged under 60,
F456i
any sum to which paragraph 44(a) or 45(a) of Schedule 10 (disregard of compensation for personal injuries which is administered by the Court) refers,F469or
F469j
rehabilitation allowance made under section 2 of the Employment and Training Act 1973.
income which would become available to the claimant upon application being made but which has not been acquired by him shall be treated as possessed by him but only from the date on which F58it could be expected to be acquired were an application made.
F3522A
Where a person, aged not less than 60, is a member of, or a person deriving entitlement to a pension under, a personal pension scheme, or is a party to, or a person deriving entitlement to a pension under, a retirement annuity contract, and—
a
in the case of a personal pension scheme, he fails to purchase an annuity with the funds available in that scheme where—
i
he defers, in whole or in part, the payment of any income which would have been payable to him by his pension fund holder;
ii
he fails to take any necessary action to secure that the whole of any income which would be payable to him by his pension fund holder upon his applying for it, is so paid; or
iii
income withdrawal is not available to him under that scheme; or
b
in the case of a retirement annuity contract, he fails to purchase an annuity with the funds available under that contract,
the amount of any income foregone shall be treated as possessed by him, but only from the date on which it could be expected to be acquired were an application for it to be made.
2B
The amount of any income foregone in a case to which either head (2A)(a)(i) or (ii) applies shall be the maximum amount of income which may be withdrawn from the fund and shall be determined by the F524Secretary of State who shall take account of information provided by the pension fund holder in accordance with regulation 7(5) of the Social Security (Claims and Payments) Regulations 1987.
2C
The amount of any income foregone in a case to which either head (2A)(a)(iii) or sub-paragraph (2A)(b) applies shall be the income that the claimant could have received without purchasing an annuity had the funds held under the relevant personal pension scheme or retirement annuity contract been held under a personal pension scheme where income withdrawal was available and shall be determined in the manner specified in paragraph (2B).
F4472D
This paragraph refers to child benefit payable in accordance with regulation 2(1)(a)(ii) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 (weekly rate for only, elder or eldest child of a lone parent) but only to the extent that it exceeds the amount specified in regulation 2(1)(a)(i) of those Regulations.
3
Except in the case of a discretionary trust, or a trust derived from a payment made in consequence of a personal injury, any income which is due to be paid to the claimant but—
a
has not been paid to him;
b
F2303A
This paragraph applies to an amount which is due to be paid to the claimant under an occupational pension scheme but which is not paid because the trustees or managers of the scheme have suspended or ceased payments F266... due to an insufficiency of resources.
F2303B
This paragraph applies to any amount by which a payment made to the claimant from an occupational pension scheme falls short of the payment to which he was due under the scheme where the shortfall arises because the trustees or managers of the scheme have insufficient resources available to them to meet in full the scheme’s liabilitiesF267....
F5323C
This paragraph applies to any earnings which are due to an employed earner on the termination of his employment by reason of redundancy but which have not been paid to him.
C1F924
F477Any payment of income, other than a payment of income specified in paragraph (4ZA), made—
a
to a third party in respect of a single claimant or in respect of a member of the family (but not a member of the third party’s family) shall be treated—
i
in a case where that payment is derived from a payment of any benefit under the benefit Acts, a war disablement pensionF354, war widow’s pension or a pension payable to a person as a widow under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983 insofar as that Order is made under the Naval and Marine Pay and Pensions Act 1865 F356or the Pensions and Yeomanry Pay Act 1884, or is made only under section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977 and any power of Her Majesty otherwise than under an enactment to make provision about pensions for or in respect of persons who have been disabled or have died in consequence of service as members of the armed forces of the Crown, as possessed by that single claimant, if it is paid to him, or by that member, if it is paid to any member of that family;
F516ia
in a case where that payment is a payment of an occupational pension or is a pension or other periodical payment made under a personal pension scheme, as possessed by that single claimant or, as the case may be, by that member;
ii
in any other case, as possessed by that single claimant or by that member to the extent that it is used for the food, ordinary clothing or footwear, household fuel, rent or rates for which housing benefit is payable, F304orF214... any housing costs to the extent that they are met under regulations 17(1)(e) or 18(1)(f) (housing costs) F305... F124... F157...), of that single claimant or, as the case may be, of any member of that familyF215, or is used for any F258council tax or water charges for which that claimant or member is liable;
b
to a single claimant or a member of the family in respect of a third party (but not in respect of another member of that family) shall be treated as possessed by that single claimant or, as the case may be, that member of the family to the extent that it is kept or used by him or used by or on behalf of any member of the family;
but, except where sub-paragraph (a)(i) applies and in the case of a person to whom section 23 of the Act (trade disputes) applies, this paragraph shall not apply to any payment in kind.
C15F4784ZA
Paragraph (4) shall not apply in respect of a payment of income made—
a
under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Fund, the Eileen Trust or the Independent Living Funds;
b
pursuant to section 19(1)(a) of the Coal Industry Act 1994 (concessionary coal); or
c
pursuant to section 2 of the Employment and Training Act 1973 in respect of a person’s participation—
i
in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996;
ii
in a training scheme specified in regulation 75(1)(b)(ii) of those Regulations; or
F628iia
in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations or in the Intensive Activity Period for 50 plus; or
iii
in a qualifying course within the meaning specified in regulation 17A(7) of those Regulations.
F517d
under an occupational pension scheme or in respect of a pension or other periodical payment made under a personal pension scheme where—
i
a bankruptcy order has been made in respect of the person in respect of whom the payment has been made or, in Scotland, the estate of that person is subject to sequestration or a judicial factor has been appointed on that person’s estate under section 41 of the Solicitors (Scotland) Act 1980;
ii
the payment is made to the trustee in bankruptcy or any other person acting on behalf of the creditors; and
iii
the person referred to in (i) and any member of his family does not possess, or is not treated as possessing, any other income apart from that payment.
F3034A
Where the claimant lives in a residential care home or a nursing home, or is temporarily absent from such a home, any payment made by a person other than the claimant or a member of his family in respect of some or all of the cost of maintaining the claimant or a member of his family in that home shall be treated as possessed by the claimant or by that member of his family.
5
Where a claimant's earnings are not ascertainable at the time of the determination of the claim or of any F527revision or supersession the Secretary of State shall treat the claimant as possessing such earnings as is reasonable in the circumstances of the case having regard to the number of hours worked and the earnings paid for comparable employment in the area.
F5585A
Where the amount of a subsistence allowance paid to a claimant in a benefit week is less than the amount of income-based jobseeker’s allowance that person would have received in that benefit week had it been payable to him, less 50p, he shall be treated as possessing the amount which is equal to the amount of income-based jobseeker’s allowance which he would have received in that week, less 50p.
C166
F510Subject to paragraph (6A), where—
a
a claimant performs a service for another person; and
b
that person makes no payment of earnings or pays less than that paid for a comparable employment in the area,
F5096A
Paragraph (6) shall not apply—
a
to a claimant who is engaged by a charitable or voluntary organisation or who is a volunteer if the F526Secretary of State is satisfied in any of those cases that it is reasonable for him to provide the service free of charge;
F559b
in a case where the service is performed in connection with–
i
the claimant’s participation in an employment or training programme in accordance with regulation 19(1)(q) of the Jobseeker’s Allowance Regulations 1996 F629, other than where the service is performed in connection with the claimant’s participation in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations or in the Intensive Activity Period for 50 plus; or
ii
the claimant’s or the claimant’s partner’s participation in an employment or training programme as defined in regulation 19(3) of those Regulations for which a training allowance is not payable or, where such an allowance is payable, it is payable for the sole purpose of reimbursement of travelling or meal expenses to the person participating in that programme; or
c
to a claimant who is engaged in work experience whilst participating in—
i
the New Deal for Lone Parents; or
ii
a scheme which has been approved by the Secretary of State as supporting the objectives of the New Deal for Lone Parents,
but this sub-paragraph shall only apply in respect of a claimant to the extent that he has been engaged in such work experience during the period specified in paragraph (6B).
6B
The period specified for the purposes of paragraph (6A)(c) shall be the period commencing on the day on which the claimant was first engaged in such work experience with an employer and ending on the day—
a
which is 26 weeks after that day where he has been engaged in such work experience with that employerF560...; or
b
on which he completed 150 hours of such work experience with that employer,
whichever shall first occur.
6C
In determining the number of hours of work experience which the claimant has completed for the purposes of paragraph (6B)(b), no account shall be taken of any time allowed to that claimant by his employer for a meal.
7
Where a claimant is treated as possessing any income under any of F470paragraphs (1) to (4A) the foregoing provisions of this Part shall apply for the purposes of calculating the amount of that income as if a payment had actually been made and as if it were actual income which he does possess.
8
Where a claimant is treated as possessing any earnings under paragraph (5) or (6) the foregoing provisions of this Part shall apply for the purposes of calculating the amount of those earnings as if a payment had actually been made and as if they were actual earnings which he does possess except that paragraph (3) of regulation 36 (calculation of net earnings of employed earners) shall not apply and his net earnings shall be calculated by taking into account the earnings which he is treated as possessing, less—
a
an amount in respect of income tax equivalent to an amount calculated by applying to those earnings F243the lower rate or, as the case may be, the lower rate and the basic rate of tax in the year of assessment less only the personal relief to which the claimant is entitled under sections 8(1) and (2) and 14(1)(a) and (2) of the Income and Corporation Taxes Act 1970 (personal relief) as is appropriate to his circumstances; but, if the period over which those earnings are to be taken into account is less than a year, F244the earnings to which the lower rate F327... of tax is to be applied and the amount of the personal relief deductible under this paragraph shall be calculated on a pro rata basis;
F306b
where the weekly amount of those earnings equals or exceeds the lower earnings limit, an amount representing primary Class 1 contributions under the Contributions and Benefits Act, calculated by applying to those earnings the initial and main primary percentages in accordance with section 8(1) (a) and (b) of that Act; and
c
one-half of any sum payable by the claimant F328in respect of a pay period by way of a contribution towards an occupational or personal pension scheme.
F2318A
In paragraphs (3A) and (3B) the expression “resources” has the same meaning as in the Social Security Pensions Act 1975 by virtue of section 66(1) of that Act.
F919
In paragraph (4) the expression “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities.
Notional earnings of seasonal workersF158I4343
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Modifications in respect of children and young personsI4444
F5281
Any capital of a child or young person payable by instalments which are outstanding on–
a
the first day in respect of which income support is payable or at the date of the determination of the claim, whichever is the earlier; or
b
in the case of a supersession, the date of that supersession,
shall be treated as income if the aggregate of the instalments outstanding and the amount of that child’s or young person’s other capital calculated in accordance with Chapter VI of this Part in like manner as for the claimant would exceed £3,000.
2
In the case of a child or young person who is residing at an educational establishment at which he is receiving relevant education—
a
any payment made to the educational establishment, in respect of that child's or young person's maintenance, by or on behalf of a person who is not a member of the family or by a member of the family out of funds contributed for that purpose by a person who is not a member of the family, shall be treated as income of that child or young person but it shall only be taken into account over periods during which that child or young person is present at that educational establishment; and
b
if a payment has been so made, for any period in a benefit week in term-time during which that child or young person returns home, he shall be treated as possessing an amount of income in that week calculated by multiplying the amount of F631personal allowance, any disabled child premium and any enhanced disability premium applicable in respect of that child or young person by the number equal to the number of days in that week in which he was present at his educational establishment and dividing the product by seven; but this sub-paragraph shall not apply where the educational establishment is provided under section 8 of the Education Act 1944 F34 (duty of local authority to secure primary and secondary schools) by a local education authority or where the payment is made under section 49 or 50 of the Education (Scotland) Act 1980 F35 (power of education authority to assist persons).
3
Where a child or young person—
a
is resident at an educational establishment and he is wholly or partly maintained at that establishment by a local education authority under section 8 of the Education Act 1944; or
b
is maintained at an educational establishment under section 49 or 50 of the Education (Scotland) Act 1980,
he shall for each day he is present at that establishment be treated as possessing an amount of income equal to the sum obtained by dividing the amount of F631personal allowance, any disabled child premium and any enhanced disability premium applicable in respect of him by seven.
4
Where the income of a child or young person who is a member of the claimant's family calculated in accordance with F295Chapters I to V of this Part exceeds the amount of the F631personal allowance, any disabled child premium and any enhanced disability premium applicable in respect of that child or young person, the excess shall not be treated as income of the claimant.
5
Where the capital of a child or young person if calculated in accordance with Chapter VI of this Part in like manner as for the claimant, F296except as provided in paragraph (1), would exceed £3,000, any income of that child or young person shall not be treated as income of the claimant.
6
In calculating the net earnings or net profit of a child or young person there shall be disregarded, (in addition to any sum which falls to be disregarded under paragraphs 11 to 13), any sum specified in paragraphs 14 and 15 of Schedule 8 (earnings to be disregarded).
7
Any income of a child or young person which is to be disregarded under Schedule 9 (income other than earnings to be disregarded) shall be disregarded in such manner as to produce the result most favourable to the claimant.
8
Where a child or young person is treated as possessing any income under paragraphs (2) and (3) the foregoing provisions of this Part shall apply for the purposes of calculating that income as if a payment had actually been made and as if it were actual income which he does possess.
F609
For the purposes of this regulation, a child or young person shall not be treated as present at his educational establishment on any day if on that day he spends the night with the claimant or a member of his household.
CHAPTER VIcapital
I71Capital limitF35845
For the purposes of section 134(1) of the Contributions and Benefits Act as it applies to income support (no entitlement to benefit if capital exceeds prescribed amount)—
a
except where paragraph F632(aa) or (b) applies, the prescribed amount is £8,000;
F633aa
where the circumstances prescribed in regulation 53(1ZA) apply in the claimant’s case, the prescribed amount is £12,000;
b
where the circumstances prescribed in regulation 53(1B) apply in the claimant’s case, the prescribed amount is £16,000.
Calculation of capitalI4546
1
For the purposes of Part II of the Act as it applies to income support, the capital of a claimant to be taken into account shall, subject to paragraph (2), be the whole of his capital calculated in accordance with this Part and any income treated as capital under F112regulation 48 (income treated as capital).
2
There shall be disregarded from the calculation of a claimant's capital under paragraph (1) any capital, where applicable, specified in Schedule 10.
Disregard of capital of child or young personI4647
The capital of a child or young person who is a member of the claimant's family shall not be treated as capital of the claimant.
Income treated as capitalI4748
1
2
Except in the case of an amount to which section 23(5) (a) (ii) of the Act (refund of tax in trade disputes cases) F93or regulation 41(4) (capital treated as income) applies, any amount by way of a refund of income tax deducted from profits or emoluments chargeable to income tax under Schedule D or E shall be treated as capital.
3
Any holiday pay which is not earnings under regulation 35(1) (d) (earnings of employed earners) shall be treated as capital.
4
Except any income derived from capital disregarded under paragraph 1, 2, 4, 6, F11312 or 25 to 28 of Schedule 10, any income derived from capital shall be treated as capital but only from the date it is normally due to be credited to the claimant's account.
5
Subject to paragraph (6), in the case of employment as an employed earner, any advance of earnings or any loan made by the claimant's employer shall be treated as capital.
F616
Paragraph (5) shall not apply to a person to whom section 23 of the Act (trade disputes) applies or in respect of whom section 20(3) of the Act (conditions of entitlement to income support) has effect as modified by section 23A(b) (effect of return to work).
7
F4718
Any payment made by a local authority, which represents arrears of payments under—
a
paragraph 15 of Schedule 1 to the Children Act 1989 (power of a local authority to make contributions to a person with whom a child lives as a result of a residence order); or
b
section 34(6) or as the case may be, section 50 of the Children Act 1975 (payments towards maintenance for children),
shall be treated as capital.
8A
Any payment made by an authority, as defined in Article 2 of the Children Order which represents arrears of payments under Article 15 of, and paragraph 17 of Schedule 1 to, that Order (contribution by an authority to child’s maintenance), shall be treated as capital.
F1149
Any charitable or voluntary payment which is not made or not due to be made at regular intervals, other than one to which paragraph (10) applies, shall be treated as capital.
F11410
This paragraph applies to a payment—
a
which is made to a person to whom section 23 of the Act (trade disputes) applies or in respect of whom section 20(3) of the Act (conditions of entitlement to income support) has effect as modified by section 23A(b) of the Act (effect of return to work) or to a member of the family of such a person;
b
to which regulation 44(2) (modification in respect of children and young persons) applies; or
F15911
Any compensation within the meaning of regulation 35(3) (earnings of employed earners) which is made in respect of employment which is not part-time employment within the meaning of that regulation, to the extent that it is not earnings by virtue of regulation 35(1)(i)(i) shall be treated as capital.
F56112
Any arrears of subsistence allowance which are paid to a claimant as a lump sum shall be treated as capital.
Calculation of capital in the United KingdomI4849
Capital which a claimant possesses in the United Kingdom shall be calculated—
a
except in a case to which sub-paragraph (b) applies, at its current market or surrender value, less—
i
where there would be expenses attributable to sale, 10 per cent; and
ii
the amount of any incumbrance secured on it;
b
in the case of a National Savings Certificate—
i
if purchased from an issue the sale of which ceased before 1st July last preceding the first day on which income support is payable or the date of the determination of the claim, whichever is the earlier, or in the case of a F529supersession, the date of that supersession, at the price which it would have realised on that 1st July had it been purchased on the last day of that issue;
ii
in any other case, at its purchase price.
Calculation of capital outside the United KingdomI4950
Capital which a claimant possesses in a country outside the United Kingdom shall be calculated—
a
in a case in which there is no prohibition in that country against the transfer to the United Kingdom of an amount equal to its current market or surrender value in that country, at that value;
b
in a case where there is such a prohibition, at the price which it would realise if sold in the United Kingdom to a willing buyer,
less, where there would be expenses attributable to sale, 10 per cent and the amount of any incumbrance secured on it.
Notional capitalI5051
1
A claimant shall be treated as possessing capital of which he has deprived himself for the purpose of securing entitlement to income support or increasing the amount of that benefit F192except–
a
where that capital is derived from a payment made in consequence of any personal injury and is placed on trust for the benefit of the claimant; or
b
to the extent that the capital which he is treated as possessing is reduced in accordance with regulation 51A (diminishing notional capital rule)F458or
F458c
any sum to which paragraph 44(a) or 45(a) of Schedule 10 (disregard of compensation for personal injuries which is administered by the Court) refers,
C22
Except in the case of—
a
a discretionary trust;
b
a trust derived from a payment made in consequence of a personal injury; or
c
any loan which would be obtainable only if secured against capital disregarded under Schedule 10, F353or
d
a personal pension scheme or retirement annuity contract F457or
F457e
any sum to which paragraph 44(a) or 45(a) of Schedule 10 (disregard of compensation for personal injuries which is administered by the Court) refers,
any capital which would become available to the claimant upon application being made but which has not been acquired by him shall be treated as possessed by him but only from the date on which F62it could be expected to be acquired were an application made
F963
F479Any payment of capital, other than a payment of capital specified in paragraph (3A), made—
a
to a third party in respect of a single claimant or in respect of a member of the family (but not a member of the third party’s family) shall be treated—
i
in a case where that payment is derived from a payment of any benefit under the benefit Acts, a war disablement pensionF448, war widow’s pension or a pension payable to a person as a widow under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983 in so far as that Order is made under the Naval and Marine Pay and Pensions Act 1865 or the Pensions and Yeomanry Pay Act 1884, or is made only under section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977 and any power of Her Majesty otherwise than under an enactment to make provision about pensions for or in respect of persons who have been disabled or who have died in consequence of service as members of the armed forces of the Crown, as possessed by that single claimant, if it is paid to him, or by that member if it is paid to any member of the family;
F519ia
in a case where that payment is a payment of an occupational pension or is a pension or other periodical payment made under a personal pension scheme, as possessed by that single claimant or, as the case may be, by that member;
C3ii
in any other case, as possessed by that single claimant or by that member to the extent that it is used for the food, ordinary clothing or footwear, household fuel, rent or rates for which housing benefit is payable, F216... any housing costs to the extent that they are met under regulation 17(1)(e) and 18(1)(f) (housing costs) or accommodation charge to the extent that it is met under regulation 19 F160... (persons in residential care or nursing homes F125... F160...), of that single claimant or, as the case may be, of any member of that familyF217, or is used for any F259council tax or water charges for which that claimant or member is liable;
b
to a single claimant or a member of the family in respect of a third party (but not in respect of another member of the family) shall be treated as possessed by that single claimant or, as the case may be, that member of the family to the extent that it is kept or used by him or used by or on behalf of any member of the family.
C17F4803A
Paragraph (3) shall not apply in respect of a payment of capital made—
a
under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Fund, the Eileen Trust or the Independent Living Funds;
b
pursuant to section 2 of the Employment and Training Act 1973 in respect of a person’s participation—
i
in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996;
ii
in a training scheme specified in regulation 75(1)(b)(ii) of those Regulations; or
F634iia
in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations or in the Intensive Activity Period for 50 plus; or
iii
in a qualifying course within the meaning specified in regulation 17A(7) of those Regulations.
F518c
under an occupational pension scheme or in respect of a pension or other periodical payment made under a personal pension scheme where—
i
a bankruptcy order has been made in respect of the person in respect of whom the payment has been made or, in Scotland, the estate of that person is subject to sequestration or a judicial factor has been appointed on that person’s estate under section 41 of the Solicitors (Scotland) Act 1980;
ii
the payment is made to the trustee in bankruptcy or any other person acting on behalf of the creditors; and
iii
the person referred to in (i) and any member of his family does not possess, or is not treated as possessing, any other income apart from that payment.
4
Where a claimant stands in relation to a company in a position analogous to that of a sole owner or partner in the business of that company, he shall be treated as if he were such sole owner or partner and in such a case—
a
the value of his holding in that company shall, notwithstanding regulation 46 (calculation of capital), be disregarded; and
b
he shall, subject to paragraph (5), be treated as possessing an amount of capital equal to the value or, as the case may be, his share of the value of the capital of that company and the foregoing provisions of this Chapter shall apply for the purposes of calculating that amount as if it were actual capital which he does possess.
5
For so long as the claimant undertakes activities in the course of the business of the company, the amount which he is treated as possessing under paragraph (4) shall be disregarded.
6
Where a claimant is treated as possessing capital under any of paragraphs (1) to (4), the foregoing provisions of this Chapter shall apply for the purposes of calculating its amount as if it were actual capital which he does possess.
F637
For the avoidance of doubt a claimant is to be treated as possessing capital under paragraph (1) only if the capital of which he has deprived himself is actual capital.
F978
In paragraph (3) the expression “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities.
F191Diminishing notional capital rule51A
1
Where a claimant is treated as possessing capital under regulation 51(1) (notional capital), the amount which he is treated as possessing–
a
in the case of a week that is subsequent to–
i
the relevant week in respect of which the conditions set out in paragraph (2) are satisfied, or
ii
a week which follows that relevant week and which satisfies those conditions,
shall be reduced by an amount determined under paragraph (2);
b
in the case of a week in respect of which paragraph (1)(a) does not apply but where–
i
that week is a week subsequent to the relevant week, and
ii
that relevant week is a week in which the condition in paragraph (3) is satisfied,
shall be reduced by the amount determined under paragraph (3).
2
This paragraph applies to a benefit week or part week where the claimant satisfies the conditions that–
a
he is in receipt of income support; and
b
but for regulation 51(1), he would have received an additional amount of income support in that benefit week or, as the case may be, that part week;
and in such a case, the amount of the reduction for the purposes of paragraph (1)(a) shall be equal to that additional amount.
3
Subject to paragraph (4), for the purposes of paragraph (1)(b) the condition is that the claimant would have been entitled to income support in the relevant week, but for regulation 51(1), and in such a case the amount of the reduction shall be equal to the aggregate of–
a
the amount of income support to which the claimant would have been entitled in the relevant week but for regulation 51(1); and for the purposes of this sub-paragraph if the relevant week is a part-week that amount shall be determined by dividing the amount of income support to which he would have been so entitled by the number equal to the number of days in the part-week and multiplying the quotient by 7;
b
the amount of housing benefit (if any) equal to the difference between his maximum housing benefit and the amount (if any) of housing benefit which he is awarded in respect of the benefit week, within the meaning of regulation 2(1) of the Housing Benefit (General) Regulations 1987 (interpretation), which includes the last day of the relevant week;
c
the amount of community charge benefit (if any) equal to the difference between his maximum community charge benefit and the amount (if any) of community charge benefit which he is awarded in respect of the benefit week, within the meaning of regulation 2(1) of the Community Charge Benefits (General) Regulations 1989 (interpretation) which includes the last day of the relevant week.
F260d
the amount of council tax benefit (if any) equal to the difference between his maximum council tax benefit and the amount (if any) of council tax benefit which he is awarded in respect of the benefit week which includes the last day of the relevant week, and for this purpose “benefit week” has the same meaning as in regulation 2(1) of the Council Tax Benefit (General) Regulations 1992 (interpretation).
4
The amount determined under paragraph (3) shall be re-determined under that paragraph if the claimant makes a further claim for income support and the conditions in paragraph (5) are satisfied, and in such a case–
a
sub-paragraphs F635(a) to (d) of paragraph (3) shall apply as if for the words “relevant week” there were substituted the words “relevant subsequent week”; and
b
subject to paragraph (6), the amount as re-determined shall have effect from the first week following the relevant subsequent week in question.
5
The conditions are that–
a
a further claim is made 26 or more weeks after–
i
the date on which the claimant made a claim for income support in respect of which he was first treated as possessing the capital in question under regulation 51(1); or
ii
in a case where there has been at least one re-determination in accordance with paragraph (4), the date on which he last made a claim for income support which resulted in the weekly amount being re-determined; or
iii
the date on which he last ceased to be in receipt of income support; whichever last occurred; and
b
the claimant would have been entitled to income support but for regulation 51(1).
6
The amount as re-determined pursuant to paragraph (4) shall not have effect if it is less than the amount which applied in that case immediately before the re-determination and in such a case the higher amount shall continue to have effect.
7
For the purpose of this regulation–
a
“part-week” means a period to which sub-section (1A) of section 21 of the Act (amount etc. of income support) applies;
b
“relevant week” means the benefit week or part-week in which the capital in question of which the claimant has deprived himself within the meaning of regulation 51(1)–
i
was first taken into account for the purpose of determining his entitlement to income support; or
ii
was taken into account on a subsequent occasion for the purpose of determining or re-determining his entitlement to income support on that subsequent occasion and that determination or re-determination resulted in his beginning to receive, or ceasing to receive, income support;
and where more than one benefit week or part-week is identified by reference to heads (i) and (ii) of this sub-paragraph the later or latest such benefit week or, as the case may be, the later or latest such part-week;
c
“relevant subsequent week” means the benefit week or part-week which includes the day on which the further claim or, if more than one further claim has been made, the last such claim was made.
Capital jointly heldI5152
Except where a claimant possesses capital which is disregarded under regulation 51 (4) (notional capital), where a claimant and one or more persons are beneficially entitled in possession to any capital asset they shall be treated as if each of them were entitled in possession F482to the whole beneficial interest therein in an equal share and the foregoing provisions of this Chapter shall apply for the purposes of calculating the amount of capital which the claimant is treated as possessing as if it were actual capital which the claimant does possess.
Calculation of tariff income from capitalI52C3053
1
F361Except where the circumstances prescribed in paragraph F637(1ZA) or (1B) apply to the claimant, where the claimant's capital calculated in accordance with this Part exceeds £3,000 it shall be treated as equivalent to a weekly income of £1 for each complete £250 in excess of £3,000 but not exceeding F187£8,000.
F6361ZA
Where the claimant—
a
is aged 60 or over or has a partner who is aged 60 or over;
b
is not a person to whom the circumstances prescribed in paragraph (1B) apply; and
c
has capital which, calculated in accordance with this Part, exceeds £6,000,
that capital shall be treated as equivalent to a weekly income of £1 for each complete £250 in excess of £6,000 but not exceeding £12,000.
F3591A
Where the circumstances prescribed in paragraph (1B) apply to the claimant and that claimant’s capital calculated in accordance with this Part exceeds £10,000, it shall be treated as equivalent to a weekly income of £1 for each complete £250 in excess of £10,000 but not exceeding £16,000.
1B
For the purposes of paragraph (1A) and regulation 45, the prescribed circumstances are that the claimant lives permanently in—
a
b
an establishment run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society; or
c
accommodation provided under section 3 of, and Part II of the Schedule to, the Polish Resettlement Act 1947 (provision of accommodation in camps) where the claimant requires personal care F459by reason of old age, disablement, past or present dependence on alcohol or drugs, past or present mental disorder or a terminal illness and the care is provided in the home.
F451d
residential accommodation.
1C
For the purposes of paragraph (1B), a claimant shall be treated as living permanently in such home or accommodation where he is absent—
a
from a home or accommodation referred to in sub-paragraph F449(a), (b) or (d) of paragraph (1B)—
i
in the case of a claimant referred to in regulation 19(2) or in the case of a person over pensionable age, for a period not exceeding 52 weeks, and
ii
in any other case, for a period not exceeding 13 weeks;
b
from accommodation referred to in sub-paragraph (c) of paragraph (1B), where the claimant, with the agreement of the manager of the accommodation, intends to return to the accommodation in due course.
2
C43
F3604
For the purposes of this regulation, the definition of “residential accommodation" in regulation 21(3) (applicable amounts of income support in special cases) shall have effect as if, after the words “subject to the following provisions of this regulation", there were inserted “(except paragraphs (4) and (4A))".
CHAPTER VIIliable relatives
InterpretationI5354
In this Chapter, unless the context otherwise requires—
“claimant” includes a young claimant;
“liable relative” means—
- a
a spouse or former spouse of a claimant or of a member of the claimant's family;
- b
a parent of a child or young person who is a member of the claimant's family or of a young claimant;
- c
a person who has not been adjudged to be the father of a child or young person who is a member of the claimant's family or of a young claimant where that person is contributing towards the maintenance of that child, young person or young claimant and by reason of that contribution he may reasonably be treated as the father of that child, young person or young claimant;
- d
a person liable to maintain another person by virtue of section 26(3)(c) of the Act (liability to maintain) where the latter is the claimant or a member of the claimant's family,
and, in this definition, a reference to a child's, young person's or young claimant's parent includes any person in relation to whom the child, young person or young claimant was treated as a child or a member of the family;
- a
“payment” means a periodical payment or any other payment made by or derived from a liable relative including, except in the case of a discretionary trust, any payment which would be so made or derived upon application being made by the claimant but which has not been acquired by him but only from the date on which F64it could be expected to be acquired were an application made; but it does not include any payment—
- a
arising from a disposition of property made in contemplation of, or as a consequence of—
- i
an agreement to separate; or
- ii
any proceedings for judicial separation, divorce or nullity of marriage;
- i
- b
made after the death of the liable relative;
- c
made by way of a gift but not in aggregate or otherwise exceeding £250 in the period of 52 weeks beginning with the date on which the payment, or if there is more than one such payment the first payment, is made; and, in the case of a claimant who continues to be in receipt of income support at the end of the period of 52 weeks, this provision shall continue to apply thereafter with the modification that any subsequent period of 52 weeks shall begin with the first day of the benefit week in which the first payment is made after the end of the previous period of 52 weeks;
- d
to which regulation 44(2) applies (modifications in respect of children and young persons);
- e
made—
- i
to a third party in respect of the claimant or a member of the claimant's family; or
- ii
to the claimant or to a member of the claimant's family in respect of a third party,
where having regard to the purpose of the payment, the terms under which it is made and its amount it is unreasonable to take it into account;
- i
- f
in kind;
- g
to, or in respect of, a child or young person who is to be treated as not being a member of the claimant's household under regulation 16 (circumstances in which a person is to be treated as being or not being a member of the same household);
- h
which is not a periodical payment, to the extent that any amount of that payment—
- i
has already been taken into account under this Part by virtue of a previous claim or determination; or
- ii
has been recovered under section 27(1) of the Act (prevention of duplication of payments) or is currently being recovered; or
- iii
at the time the determination is made, has been used by the claimant except where he has deprived himself of that amount for the purpose of securing entitlement to income support or increasing the amount of that benefit;
- i
- a
“periodical payment” means—
- a
a payment which is made or is due to be made at regular intervals in pursuance of a court order or agreement for maintenance;
- b
in a case where the liable relative has established a pattern of making payments at regular intervals, any such payment;
- c
any payment not exceeding the amount of income support payable had that payment not been made;
- d
any payment representing a commutation of payments to which sub-paragraphs (a) or (b) of this definition applies whether made in arrears or in advance,
but does not include a payment due to be made before the first benefit week pursuant to the claim which is not so made;
- a
“young claimant ” means a person aged 16 or over but under 19 who makes a claim for income support.
Treatment of liable relative paymentsI5455
F367Subject to regulation 55A and except where regulation 60(1) (liable relative payments to be treated as capital) applies a payment shall—
a
to the extent that it is not a payment of income, be treated as income;
b
be taken into account in accordance with the following provisions of this Chapter.
F365Disregard of payments treated as not relevant income55A
Where the Secretary of State treats any payment as not being relevant income for the purposes of section 74A of the Social Security Administration Act 1992 (payment of benefit where maintenance payments collected by Secretary of State), that payment shall be disregarded in calculating a claimant’s income.
Period over which periodical payments are to be taken into accountI5556
1
The period over which a periodical payment is to be taken into account shall be—
a
in a case where the payment is made at regular intervals, a period equal to the length of that interval;
b
in a case where the payment is due to be made at regular intervals but is not so made, such number of weeks as is equal to the number (and any fraction shall be treated as a corresponding fraction of a week) obtained by dividing the amount of that payment by the weekly amount of that periodical payment as calculated in accordance with regulation 58(4) (calculation of the weekly amount of a liable relative payment);
c
in any other case, a period equal to a week.
2
The period under paragraph (1) shall begin on the date on which the payment is treated as paid under regulation 59 (date on which a liable relative payment is to be treated as paid).
Period over which payments other than periodical payments are to be taken into accountI5657
1
Subject to paragraph (2), the number of weeks over which a payment other than a periodical payment is to be taken into account shall be equal to the number (and any fraction shall be treated as a corresponding fraction of a week) obtained by dividing that payment by—
a
where the payment is in respect of the claimant or the claimant and any child or young person who is a member of the family, the aggregate of £2 and the amount of income support which would be payable had the payment not been made;
F193b
where the payment is in respect of one, or more than one, child or young person who is a member of the family, the lesser of the amount (or the aggregate of the amounts) prescribed under Schedule 2, in respect of–
i
the personal allowance of the claimant and each such child or young person;
ii
any family F452... premium;
F639iia
any enhanced disability premium in respect of such a child or young person;
iii
any disabled child premium in respect of such a child; and
iv
any carer premium if, but only if, that premium is payable because the claimant is in receipt, or is treated as being in receipt, of invalid care allowance by reason of the fact that he is caring for such a child or young person who is severely disabled;
and the aggregate of £2 and the amount of income support which would be payable had the payment not been made.
2
Where a liable relative makes a periodical payment and any other payment concurrently and the weekly amount of that periodical payment, as calculated in accordance with regulation 58 (calculation of the weekly amount of a liable relative payment), is less than—
a
in a case where the periodical payment is in respect of the claimant or the claimant and any child or young person who is a member of the family, the aggregate of £2 and the amount of income support which would be payable had the payments not been made; or
b
in a case where the periodical payment is in respect of one or more than one child or young person who is a member of the family, the aggregate of the amount prescribed in Schedule 2 in respect of each such child or young person and any family F453... premium,
that other payment shall, subject to paragraph (3), be taken into account over a period of such number of weeks as is equal to the number obtained (and any fraction shall be treated as a corresponding fraction of a week) by dividing that payment by an amount equal to the extent of the difference between the amount referred to in sub-paragraph (a) or (b), as the case may be, and the weekly amount of the periodical payment.
3
If—
a
the liable relative ceases to make periodical payments, the balance (if any) of the other payment shall be taken into account over the number of weeks equal to the number (and any fraction shall be treated as a corresponding fraction of a week) obtained by dividing that balance by the amount referred to in sub-paragraph (a) or (b) of paragraph (1), as the case may be;
b
the amount of any subsequent periodical payment varies, the balance (if any) of the other payment shall be taken into account over a period of such number of weeks as is equal to the number obtained (and any fraction shall be treated as a corresponding fraction of a week) by dividing that balance by an amount equal to the extent of the difference between the amount referred to in sub-paragraph (a) or (b) of paragraph (2) and the weekly amount of the subsequent periodical payment.
4
The period under paragraph (1) or (2) shall begin on the date on which the payment is treated as paid under regulation 59 (date on which a liable relative payment is treated as paid) and under paragraph (3) shall begin on the first day of the benefit week in which the cessation or variation of the periodical payment occurred.
Calculation of the weekly amount of a liable relative paymentI5758
1
Where a periodical payment is made or is due to be made at intervals of one week, the weekly amount shall be the amount of that payment.
2
Where a periodical payment is made or is due to be made at intervals greater than one week and those intervals are monthly, the weekly amount shall be determined by multiplying the amount of the payment by 12 and dividing the product by 52.
3
Where a periodical payment is made or is due to be made at intervals and those intervals are neither weekly nor monthly, the weekly amount shall be determined by dividing that payment by the number equal to the number of weeks (including any part of a week) in that interval.
4
Where a payment is made and that payment represents a commutation of periodical payments whether in arrears or in advance, the weekly amount shall be the weekly amount of the individual periodical payments so commutated as calculated under paragraphs (1) to (3) as is appropriate.
C55
The weekly amount of a payment to which regulation 57 applies (period over which payments other than periodical payments are to be taken into account) shall be equal to the amount of the divisor used in calculating the period over which the payment or, as the case may be, the balance is to be taken into account.
Date on which a liable relative payment is to be treated as paidI5859
1
A periodical payment is to be treated as paid—
a
in the case of a payment which is due to be made before the first benefit week pursuant to the claim, on the day in the week in which it is due to be paid which corresponds to the first day of the benefit week;
b
in any other case, on the first day of the benefit week in which it is due to be paid unless, having regard to the manner in which income support is due to be paid in the particular case, it would be more practicable to treat it as paid on the first day of a subsequent benefit week.
2
Subject to paragraph (3), any other payment shall be treated as paid—
a
in the case of a payment which is made before the first benefit week pursuant to the claim, on the day in the week in which it is paid which corresponds to the first day of the benefit week;
b
in any other case, on the first day of the benefit week in which it is paid unless, having regard to the manner in which income support is due to be paid in the particular case, it would be more practicable to treat it as paid on the first day of a subsequent benefit week.
3
Any other payment paid on a date which falls within the period in respect of which a previous payment is taken into account, not being a periodical payment, is to be treated as paid on the first day following the end of that period.
Liable relative payments to be treated as capitalI5960
1
Subject to paragraph (2), where a liable relative makes a periodical payment concurrently with any other payment, and the weekly amount of the periodical payment as calculated in accordance with regulation 58(1) to (4) (calculation of the weekly amount of a liable relative payment), is equal to or greater than the amount referred to in sub-paragraph (a) of regulation 57(2) (period over which payments other than periodical payments are to be taken into account) less the £2 referred to therein, or sub-paragraph (b) of that regulation, as the case may be, the other payment shall be treated as capital.
2
If, in any case, the liable relative ceases to make periodical payments, the other payment to which paragraph (1) applies shall be taken into account under paragraph (1) of regulation 57 but, notwithstanding paragraph (4) thereof, the period over which the payment is to be taken into account shall begin on the first day of the benefit week following the last one in which a periodical payment was taken into account.
F268CHAPTER VIIACHILD SUPPORT
Pt. V Ch. VIIA inserted (19.4.1993) by The Social Security (Miscellaneous Provisions) Amendment Regulations 1993 (S.I. 1993/846), regs. 1(1), 3 (with reg. 1(2))
Interpretation60A
In this Chapter—
“child support maintenance” means such periodical payments as are referred to in section 3(6) of the Child Support Act 1991;
“maintenance assessment” has the same meaning as in the Child Support Act 1991 by virtue of section 54 of that Act.
Treatment of child support maintenance60B
F368Subject to regulation 60E, all payments of child support maintenance shall to the extent that they are not payments of income be treated as income and shall be taken into account on a weekly basis in accordance with the following provisions of this Chapter.
Calculation of the weekly amount of payments of child support maintenance 60C
1
The weekly amount of child support maintenance shall be determined in accordance with the following provisions of this regulation.
2
Where payments of child support maintenance are made weekly, the weekly amount shall be the amount of that payment.
3
Where payments of child support maintenance are made monthly, the weekly amount shall be determined by multiplying the amount of the payment by 12 and dividing the product by 52.
4
Where payments of child support are made at intervals and those intervals are not a week or a month, the weekly amount shall be determined by dividing that payment by the number equal to the number of weeks (including any part of a week) in that interval.
5
Where a payment is made and that payment represents a commutation of child support maintenance the weekly amount shall be the weekly amount of the individual child support maintenance payments so commuted as calculated in accordance with paragraphs (2) to (4) as appropriate.
6
Paragraph (2), (3) or, as the case may be, (4) shall apply to any payments made at the intervals specified in that paragraph whether or not—
a
the amount paid is in accordance with the maintenance assessment, and
b
the intervals at which the payments are made are in accordance with the intervals specified by the Secretary of State under regulation 4 of the Child Support (Collection and Enforcement) Regulations 1992.
Date on which child support maintenance is to be treated as paid60D
F4151
Subject to paragraph (2), a payment of child support maintenance is to be treated as paid—
a
F416subject to sub-paragraph (aa), in the case of a payment which is due to be paid before the first benefit week pursuant to the claim, on the day in the week in which it is due to be paid which corresponds to the first day of the benefit week;
F417aa
in the case of any amount of a payment which represents arrears of maintenance for a week prior to the first benefit week pursuant to a claim, on the day of the week in which it became due which corresponds to the first day of the benefit week;
b
in any other case, on the first day of the benefit week in which F418it is due to be paid or the first day of the first succeeding benefit week in which it is practicable to take it into account.
F4192
Where a payment to which paragraph (1)(b) refers is made to the Secretary of State and then transmitted to the person entitled to receive it, the payment shall be treated as paid on the first day of the benefit week in which it is transmitted or, where it is not practicable to take it into account in that week, the first day of the first succeeding benefit week in which it is practicable to take the payment into account.
F366Disregard of payments treated as not relevant income60E
Where the Secretary of State treats any payment of child support maintenance as not being relevant income for the purposes of section 74A of the Social Security Administration Act 1992 (payment of benefit where maintenance payments collected by Secretary of State), that payment shall be disregarded in calculating a claimant’s income.
CHAPTER VIIIF614STUDENTS
Pt. V Ch. VIII heading substituted (29.3.2001) by The Income Support (General) Amendment Regulations 2001 (S.I. 2001/721), regs. 1, 2(b)
InterpretationI6061
F5761
In this Chapter, unless the context otherwise requires—
F598“access funds" means—
- a
grants made under section 7 of the Further and Higher Education Act 1992 and described as “learner support funds" or grants made under section 68 of that Act and described as “access bursary funds" or “hardship funds";
- b
grants made under sections 73(a) and (c) and 74(1) of the Education (Scotland) Act 1980; or
- c
grants made under Article 30 of the Education and Libraries (Northern Ireland) Order 1993, or grants, loans or other payments made under Article 5 of the Further Education (Northern Ireland) Order 1997 in each case being grants, or grants, loans or other payments as the case may be, made for the purpose of assisting students in financial difficulties;
- a
F430“college of further education" means a college of further education within the meaning of Part I of the Further and Higher Education (Scotland) Act 1992;
F429“contribution" means any contribution in respect of the income F472of a student or of any other person which the Secretary of State or an education authority takes into account in ascertaining the amount of the student’s grant F490or student loan, or any sums, which in determining the amount of a student’s allowance or bursary in Scotland under the Further and Higher Education (Scotland) Act 1992, the Secretary of State or education authority takes into account being sums which the Secretary of State or the education authority consider that the holder of the allowance or bursary, the holder’s parents and the holder’s spouse can reasonably be expected to contribute towards the holder’s expenses;
F429“course of advanced education" means—
- a
a course leading to a postgraduate degree or comparable qualification, a first degree or comparable qualification, a diploma of higher education or a higher national diploma; or
- b
any other course which is of a standard above advanced GNVQ or equivalent, including a course which is of a standard above a general certificate of education (advanced level), a Scottish certificate of education (higher level) or a Scottish certificate of sixth year studies;
- a
“covenant income” means the income F431... payable to a student under a Deed of Covenant by a person whose income is, or is likely to be, taken into account in assessing the student's grant or award;
“education authority” means a government department, a local education authority as defined in section 114(1) of the Education Act 1944 F38 (interpretation), F432a local education authority as defined in section 123 of the Local Government (Scotland) Act 1973, an education and library board established under Article 3 of the Education and Libraries (Northern Ireland) Order 1986F39, any body which is a research council for the purposes of the Science and Technology Act 1965F40 or any analogous government department, authority, board or body, of the Channel Islands, Isle of Man or any other country outside Great Britain.
F616...
F430“full-time course of advanced education" means a course of advanced education which isF578...—
- a
F579... a full-time course of study which is not funded in whole or in part by F619the Learning and Skills Council for England or by the National Council for Education and Training for Wales or a full-time course of study which is not funded in whole or in part by the Secretary of State for Scotland at a college of further education or a full-time course of study which is a course of higher education and is funded in whole or in part by the Secretary of State for Scotland;
- b
F620a course of study which is funded in whole or in part by the Learning and Skills Council for England or by the National Council for Education and Training for Wales if it involves more than 16 guided learning hours per week for the student in question, according to the number of guided learning hours per week for that student set out—
- i
in the case of a course funded by the Learning and Skills Council for England, in his learning agreement signed on behalf of the establishment which is funded by that Council for the delivery of that course; or
- ii
in the case of a course funded by the National Council for Education and Training for Wales, in a document signed on behalf of the establishment which is funded by that Council for the delivery of that course; or
- i
- c
F580... a course of study (not being higher education) which is funded in whole or in part by the Secretary of State for Scotland at a college of further education if it involves—
- i
more than 16 hours per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff according to the number of hours set out in a document signed on behalf of the college; or
- ii
16 hours or less per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff and it involves additional hours using structured learning packages supported by the teaching staff where the combined total of hours exceeds 21 per week, according to the number of hours set out in a document signed on behalf of the college;
- i
- a
F430“full-time course of study" means a full-time course of study which—
- a
is not funded in whole or in part by F617the Learning and Skills Council for England or by the National Council for Education and Training for Wales or a full-time course of study which is not funded in whole or in part by the Secretary of State for Scotland at a college of further education or a full-time course of study which is a course of higher education and is funded in whole or in part by the Secretary of State for Scotland;
- b
F618a course of study which is funded in whole or in part by the Learning and Skills Council for England or by the National Council for Education and Training for Wales if it involves more than 16 guided learning hours per week for the student in question, according to the number of guided learning hours per week for that student set out—
- i
in the case of a course funded by the Learning and Skills Council for England, in his learning agreement signed on behalf of the establishment which is funded by that Council for the delivery of that course; or
- ii
in the case of a course funded by the National Council for Education and Training for Wales, in a document signed on behalf of the establishment which is funded by that Council for the delivery of that course; or
- i
- c
is not higher education and is funded in whole or in part by the Secretary of State for Scotland at a college of further education if it involves—
- i
more than 16 hours per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff according to the number of hours set out in a document signed on behalf of the college; or
- ii
16 hours or less per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff and it involves additional hours using structured learning packages supported by the teaching staff where the combined total of hours exceeds 21 per week, according to the number of hours set out in a document signed on behalf of the college;
- i
- a
F581“full-time student" means a person, who is—
- a
aged less than 19 and is attending or undertaking a full-time course of advanced education;
- b
aged 19 or over but under pensionable age and is attending or undertaking a full-time course of study at an educational establishment; or
- c
on a sandwich course;
- a
F584“grant" (except in the definition of “access funds") means any kind of educational grant or award and includes any scholarship, studentship, exhibition, allowance or bursary but does not include a payment from access funds;
“grant income” means—
- a
any income by way of a grant;
- b
in the case of a student other than one to whom sub-paragraph (c) refers, any contribution which has been assessed whether or not it has been paid;
- c
in the case of a student to whom F460paragraph 1, 2, 10, 11 or 12 of Schedule 1B applies (lone parent or disabled student), any contribution which has been assessed and which has been paid;
and any such contribution which is paid by way of a covenant shall be treated as part of the student's grant income.
- a
F430“higher education" means higher education within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992;
F207“last day of the course” means the date on which the last day of the final academic term falls in respect of the course in which the student is enrolled;
“period of study” means—
- a
in the case of a course of study for one year or less, the period beginning with the start of the course F208and ending with the last day of the course;
- b
in the case of a course of study for more than one year, in the first or, as the case may be, any subsequent year of the course, F209other than the final year of the course, the period beginning with the start of the course or, as the case may be, that year's start and ending with either—
- i
F585the day before the start of the next year of the course in a case where the student’s grant or loan is assessed at a rate appropriate to his studying throughout the year or, if he does not have a grant or loan, where a loan would have been assessed at such a rate had he had one; or
- ii
in any other case the day before the start of the normal summer vacation appropriate to his course;
- i
- c
F210in the final year of a course of study of more than one year, the period beginning with that year’s start and ending with the last day of the course;
- a
“periods of experience” has the meaning prescribed in paragraph 1(1) of Schedule 5 to the F433Education (Mandatory Awards) Regulations 1995;
F584“sandwich course" has the meaning prescribed in regulation 5(2) of the Education (Student Support) Regulations 2000, regulation 5(2) of the Education (Student Loans) (Scotland) Regulations 2000 or regulation 5(2) of the Education (Student Support) Regulations (Northern Ireland) 2000, as the case may be;
F429“standard maintenance grant" means—
- a
except where paragraph (b) or (c) applies, in the case of a student attending F582or undertaking a course of study at the University of London or an establishment within the area comprising the City of London and the Metropolitan Police District, the amount specified for the time being in paragraph 2(2)(a) of Schedule 2 to the Education (Mandatory Awards) Regulations 1995 (“the 1995 Regulations") for such a student;
- b
except where paragraph (c) applies, in the case of a student residing at his parent’s home, the amount specified in paragraph 3(2) thereof;
- c
in the case of a student receiving an allowance or bursary under the Further and Higher Education (Scotland) Act 1992, the amount of money specified as “standard maintenance allowance" for the relevant year appropriate for the student set out in the Guide to Under-graduate allowances issued by the Student Awards Agency for Scotland, or its nearest equivalent in the case of a bursary as set by the local education authority;
- d
in any other case, the amount specified in paragraph 2(2) of Schedule 2 to the 1995 Regulations other than in sub-paragraph (a) or (b) thereof;
- a
F583“student" means a person, other than a person in receipt of a training allowance, who is attending or undertaking a course of study at an educational establishment;
F491“student loan" means a loan towards a student’s maintenance pursuant to any regulations made under section 22 of the Teaching and Higher Education Act 1998, section 73 of the Education (Scotland) Act 1980 or Article 3 of the Education (Student Support) (Northern Ireland) Order 1998;
“year", in relation to a course, means the period of 12 months beginning on 1st January, 1st April, 1st July or 1st September according to whether the academic year of the course begins in the winter, the spring, the summer or the autumn respectively, but if students are required to begin attending the course during August or September and to continue attending through the autumn the academic year of the course shall be considered to begin in the autumn rather than the summer.
F5772
For the purposes of the definition of “full-time student" in paragraph (1), a person shall be regarded as attending or, as the case may be, undertaking a full-time course of study, a full-time course of advanced education or as being on a sandwich course—
a
subject to paragraph (3), in the case of a person attending or undertaking a part of a modular course which would be a full-time course of study for the purposes of this Part, for the period beginning on the day on which that part of the course starts and ending—
i
on the last day on which he is registered with the educational establishment as attending or undertaking that part as a full-time course of study; or
ii
on such earlier date (if any) as he finally abandons the course or is dismissed from it;
b
in any other case, throughout the period beginning on the date on which he starts attending or undertaking the course and ending on the last day of the course or on such earlier date (if any) as he finally abandons it or is dismissed from it.
3
For the purpose of sub-paragraph (a) of paragraph (2), the period referred to in that sub-paragraph shall include—
a
where a person has failed examinations or has failed to successfully complete a module relating to a period when he was attending or undertaking a part of the course as a full-time course of study, any period in respect of which he attends or undertakes the course for the purpose of retaking those examinations or that module;
b
any period of vacation within the period specified in that paragraph or immediately following that period except where the person has registered with the educational establishment to attend or undertake the final module in the course and the vacation immediately follows the last day on which he is required to attend or undertake the course.
4
In paragraph (2), “modular course" means a course of study which consists of two or more modules, the successful completion of a specified number of which is required before a person is considered by the educational establishment to have completed the course.
Calculation of grant income62
1
The amount of a student's grant income to be taken into account shall, subject to paragraphs F586(2) and (2A), be the whole of his grant income.
2
There shall be disregarded from the amount of a student's grant income any payment—
a
intended to meet tuition fees or examination fees;
F420b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
intended to meet additional expenditure incurred by a disabled student in respect of his attendance on a course;
d
intended to meet additional expenditure connected with term time residential study away from the student's educational establishment;
e
on account of the student maintaining a home at a place other than that at which he resides while attending his course but only to the extent that his rent or rates is not met by housing benefit;
f
on account of any other person but only if that person is residing outside of the United Kingdom and there is no applicable amount in respect of him;
h
intended to meet travel expenses incurred as a result of his attendance on the course.
F4932A
Where a student does not have a student loan and is not treated as possessing such a loan, there shall be excluded from the student’s grant income—
a
the sum of F587£255 in respect of travel costs; and
b
where no amount has been disregarded under paragraph (2)(g), the sum of F588£311 towards the cost of books and equipment,
whether or not any such costs are incurred.
F5892B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
F590Subject to paragraph (3B), a student’s grant income except any amount intended for the maintenance of dependants under Part III of Schedule 2 to the Education (Mandatory Awards) Regulations 1999 or intended for an older student under Part IV of that Schedule, shall be apportioned—
a
subject to paragraph (4), in a case where it is attributable to the period of study, equally between the weeks in that period;
b
in any other case, equally between the weeks in the period in respect of which it is payable.
F653A
Any amount intended for the maintenance of dependants or for an older student under the provisions referred to in paragraph (3) shall be apportioned equally over a period of 52 weeks or, if there are 53 benefit weeks (including part-weeks) in the year, 53.
F5913B
Any amount intended for the maintenance of dependants under provisions other than those referred to in paragraph (3) shall be apportioned over the same period as the student’s loan is apportioned or would have been apportioned had he had one.
4
In the case of a student on a sandwich course, any periods of experience within the period of study shall be excluded and the student's grant income shall be apportioned equally between the remaining weeks in that period.
Calculation of covenant income where a contribution is assessedI6163
1
Where a student is in receipt of income by way of a grant during a period of study and a contribution has been assessed, the amount of his covenant income to be taken into account for that period and any summer vacation immediately following shall be the whole amount of his covenant income less, subject to paragraph (3), the amount of the contribution.
2
The weekly amount of the student's covenant income shall be determined—
a
by dividing the amount of income which falls to be taken into account under paragraph (1) by 52 or, if there are 53 benefit weeks (including part weeks) in the year, 53; and
b
by disregarding from the resulting amount, £5.
3
For the purposes of paragraph (1), the contribution shall be treated as increased by the amount, if any, by which the amount excluded under F224regulation 62(2)(h) (calculation of grant income) falls short of the amount for the time being specified in paragraph 7(4)(i) of Schedule 2 to the Education (Mandatory Awards) Regulations 1991 (travel expenditure).
Covenant income where no grant income or no contribution is assessedI6264
1
Where a student is not in receipt of income by way of a grant the amount of his covenant income shall be calculated as follows—
a
any sums intended for any expenditure specified in regulation 62(2)(a) to (f), (calculation of grant income) necessary as a result of his attendance on the course, shall be disregarded;
b
any covenant income, up to the amount of the standard maintenance grant, which is not so disregarded, shall be apportioned equally between the weeks of the period of study and there shall be disregarded from the covenant income to be so apportioned the amount which would have been disregarded under F225regulation 62(2)(g) and (h) and (2A) (calculation of grant income) had the student been in receipt of the standard maintenance grant;
c
the balance, if any, shall be divided by 52 or, if there are 53 benefit weeks (including part weeks) in the year, 53 and treated as weekly income of which £5 shall be disregarded.
2
Where a student is in receipt of income by way of a grant and no contribution has been assessed, the amount of his covenant income shall be calculated in accordance with sub-paragraphs (a) to (c) of paragraph (1), except that—
a
the value of the standard maintenance grant shall be abated by the amount of his grant income less an amount equal to the amount of any sums disregarded under regulation 62(2)(a) to (f); and
b
the amount to be disregarded under paragraph (1)(b) shall be abated by an amount equal to the amount of any sums disregarded under F225regulation 62(2)(g) and (h) and (2A).
Relationship with amounts to be disregarded under Schedule 9I6365
No part of a student's covenant income or grant income shall be disregarded under paragraph 15 of Schedule 9 (charitable and voluntary payments) and any other income F188to which sub-paragraph (1) of that paragraph applies shall be disregarded only to the extent that the amount disregarded under regulation 63(2)(b) (calculation of covenant income where a contribution is assessed) or, as the case may be, 64(1)(c) (covenant income where no grant income or no contribution is assessed) is less than F363£20.
Other amounts to be disregardedI6466
1
For the purposes of ascertaining income F307other than grant income, covenant income and loans treated as income in accordance with regulation 66A, any amounts intended for any expenditure specified in regulation 62(2) (calculation of grant income) necessary as a result of his attendance on the course shall be disregarded but only if, and to the extent that, the necessary expenditure exceeds or is likely to exceed the amount of the sums disregarded under regulation 62(2) F308and (2A), 63(3)F494, 64(1)(a) or (b) and 66A(5) (calculation of grant income, covenant income and treatment of student loans) on like expenditure.
2
Where a claim is made in respect of any period in the normal summer vacation and any income is payable under a Deed of Covenant which commences or takes effect after the first day of that vacation, that income shall be disregarded.
F189Treatment of student loansF59266A
1
A student loan shall be treated as income unless it is a hardship loan in which case it shall be disregarded.
1A
For the purposes of paragraph (1), “hardship loan" means a loan made under regulation 21 of the Education (Student Support) Regulations 2000, regulation 12 of the Education (Student Loans) (Scotland) Regulations 2000 or regulation 21 of the Education (Student Support) Regulations (Northern Ireland) 2000.
F5932
In calculating the weekly amount of the loan to be taken into account as income—
a
in respect of a course that is of a single academic year’s duration or less, a loan which is payable in respect of that period shall be apportioned equally between the weeks in the period beginning with—
i
the start of the single academic year; or
ii
where the course is of less than an academic year’s duration, the first day of the course,
and ending with the last day of the course;
b
in respect of the final academic year of a course (not being a course of a single year’s duration), a loan which is payable in respect of that final academic year shall be apportioned equally between the weeks in the period beginning with the earlier of—
i
the first day of the first benefit week in September; or
ii
the first day of the first benefit week following the beginning of the autumn term,
and ending with the last day of the last benefit week before the last day of the course;
c
in any other case, the loan shall be apportioned equally between the weeks in the period beginning with the earlier of—
i
the first day of the first benefit week in September; or
ii
the first day of the first benefit week following the beginning of the autumn term,
and ending with the last day of the last benefit week in June,
and, in all cases, from the weekly amount so apportioned there shall be disregarded £10.
F4893
A student shall be treated as possessing a student loan in respect of an academic year where—
a
a student loan has been made to him in respect of that year; or
b
he could acquire such a loan in respect of that year by taking reasonable steps to do so.
F4894
Where a student is treated as possessing a student loan under paragraph (3), the amount of the student loan to be taken into account as income shall be, subject to paragraph (5)—
a
in the case of a student to whom a student loan is made in respect of an academic year, a sum equal to the maximum student loan he is able to acquire in respect of that year by taking reasonable steps to do so and either—
i
in the case of a student other than one to whom head (ii) refers, any contribution whether or not it has been paid to him; or
ii
in the case of a student to whom paragraph 1, 2, 10, 11 or 12 of Schedule 1B applies (lone parent or disabled student), any contribution which has actually been paid to him;
b
in the case of a student to whom a student loan is not made in respect of an academic year, the maximum student loan that would be made to the student if—
i
he took all reasonable steps to obtain the maximum student loan he is able to acquire in respect of that year; and
ii
no deduction in that loan was made by virtue of the application of a means test.
F4895
There shall be deducted from the amount of income taken into account under paragraph (4)—
a
the sum of F594£255 in respect of travel costs; and
b
where no amount has been disregarded under regulation 62(2)(g), the sum of F595£311 towards the cost of books and equipment,
whether or not any such costs are incurred.
F596Treatment of payments from access funds66B
1
This regulation applies to payments from access funds that are not payments to which regulation 68(2) or (3) (income treated as capital) applies.
2
A payment from access funds, other than a payment to which paragraph (3) of this regulation applies, shall be disregarded as income.
3
Subject to paragraph (4) of this regulation and paragraph 36 of Schedule 9, any payments from access funds which are intended and used for food, ordinary clothing or footwear (which has the same meaning as in paragraph 15(2) of Schedule 9), household fuel, rent for which housing benefit is payable, any housing costs to the extent that they are met under regulation 17(1)(e) or 18(1)(f) (housing costs) or any accommodation charges to the extent that they are met under regulation 19 (persons in residential care or nursing homes), of a single claimant or, as the case may be, of any other member of his family, and any payments from access funds which are used for any council tax or water charges for which that claimant or member is liable shall be disregarded as income to the extent of £20 per week.
4
Where a payment from access funds is made—
a
on or after 1st September or the first day of the course, whichever first occurs, but before receipt of any student loan in respect of that year and that payment is intended for the purpose of bridging the period until receipt of the student loan; or
b
before the first day of the course to a person in anticipation of that person becoming a student,
that payment shall be disregarded as income.
Disregard of contributionI6567
Where the claimant or his partner is a student andF364, for the purposes of assessing a contribution to the student’s grant F495or student loan, the other partner’s income has been taken into account, an amount equal to that contribution shall be disregarded for the purposes of assessing that other partner’s income.
F463Further disregard of student’s income67A
Where any part of a student’s income has already been taken into account for the purposes of assessing his entitlement to a grant F496or student loan, the amount taken into account shall be disregarded in assessing that student’s income.
Income treated as capitalI6668
F5971
Any amount by way of a refund of tax deducted from a student's income shall be treated as capital.
F5972
An amount paid from access funds as a single lump sum shall be treated as capital.
3
An amount paid from access funds as a single lump sum which is intended and used for an item other than food, ordinary clothing or footwear (which has the same meaning as in paragraph 15(2) of Schedule 9), household fuel, rent for which housing benefit is payable, any housing costs to the extent that they are met under regulation 17(1)(e) or 18(1)(f) (housing costs) or any accommodation charges to the extent that they are met under regulation 19 (persons in residential care or nursing homes), of a single claimant or, as the case may be, of any other member of his family, or which is used for an item other than any council tax or water charges for which that claimant or member is liable shall be disregarded as capital but only for a period of 52 weeks from the date of the payment.
Disregard of changes occurring during summer vacationI6769
In calculating a student's income F530there shall be disregarded any change in the standard maintenance grant occurring in the recognised summer vacation appropriate to the student's course, if that vacation does not form part of his period of study, from the date on which the change occurred up to the end of that vacation.
PART VIURGENT CASES
Urgent casesI6870
1
In a case to which this regulation applies, a claimant' weekly applicable amount and his income and capital shall be calculated in accordance with the following provisions of this Part.
2
Subject to paragraph (4), this regulation applies to—
F563a
a claimant to whom paragraph (2A) applies (persons not excluded from income support under section 115 of the Immigration and Asylum Act);
b
a claimant who is treated as possessing income under regulation 42(3) (notional income);
F161c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5622A
This paragraph applies to a person not excluded from entitlement to income support under section 115 of the Immigration and Asylum Act by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 except for a person to whom paragraphs 3 and 4 of Part I of the Schedule to those Regulations applies.
F5643
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5643A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5643B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
This regulation shall only apply to a person to whom paragraph (2)(b) F162applies, where the income he is treated as possessing by virtue of regulation 42(3) (notional income) is not readily available to him; and
a
the amount of income support which would be payable but for this Part is less than the amount of income support payable by virtue of the provisions of this Part; and
b
the F531Secretary of State is satisfied that, unless the provisions of this Part are applied to the claimant, the claimant or his family will suffer hardship.
Applicable amounts in urgent casesI6971
1
For the purposes of calculating any entitlement to income support under this Part—
a
except in a case to which F66sub-paragraph (b), (c) or (d), applies, a claimant' weekly applicable amount shall be the aggregate of—
C21i
90 per cent of the amount applicable in respect of himself or, if he is a member of a couple or of a polygamous marriage, of the amount applicable in respect of both of them under paragraph 1 (1), (2) or (3) of Schedule 2 or, as the case may be, the amount applicable in respect of them under regulation 18 (polygamous marriages); F422and where regulation 22A (reduction in applicable amount where the claimant is appealing against a decision F501which embodies a determination that he is not incapable of work) applies, the reference in this head to 90 per cent. of the amount applicable shall be construed as a reference to 90 per cent. of the relevant amount under that regulation reduced by 20 per cent;
C22ii
the amount applicable under paragraph 2 of Schedule 2 in respect of any child or young person who is a member of his family except a child or young person whose capital, if calculated in accordance with Part V in like manner as for the claimant, F309except as provided in regulation 44(1) (modifications in respect of children and young person), would exceed £3,000;
iii
the amount, if applicable, specified in F132Part II or III of Schedule 2 (premiums); and
iv
v
the amount of the protected sum which may be applicable to him determined in accordance with Schedule 3AF168or, as the case may be, 3B;
F297vi
the amount, if applicable, specified in paragraph 2A of Schedule 2;
b
where the claimant is a resident in F126... F170... a residential care home or a nursing home F299and has a preserved right, his weekly applicable amount shall be the aggregate of—
C23i
90 per cent of the amount of the allowance for personal expenses prescribed in paragraph 13 (a) of Schedule 4 (applicable amounts of persons in residential care and nursing homes) F171... or, if he is a member of a couple or of a polygamous marriage, of the amount applicable in respect of both or all of them; F423and where regulation 22A (reduction in applicable amount where the claimant is appealing against a decision F501which embodies a determination that he is not incapable of work) applies, the reference in this head to 90 per cent. of the amount shall be construed as a reference to 90 per cent. of the relevant amount under that regulation reduced by 20 per cent;
C24ii
the amount applicable under paragraph 13 (b) to (e) of Schedule 4 F172... in respect of any child or young person who is a member of his family except a child or young person whose capital, if calculated in accordance with Part V in like manner as for the claimant, F309except as provided in regulation 44(1) (modifications in respect of children and young person), would exceed £3,000;
C25iii
the amount in respect of the weekly charge for his accommodation calculated in accordance with regulation 19 and Schedule 4 F173... except any amount in respect of a child or young person who is a member of the family and whose capital, if calculated in accordance with Part V in like manner as for the claimant, F309except as provided in regulation 44(1) (modifications in respect of children and young person), would exceed £3,000.
c
where the claimant is resident in residential accommodation, his weekly applicable amount shall be the aggregate of—
C26i
C27ii
the amount applicable under column (2) of paragraph 13 (d) of Schedule 7, in respect of any child or young person who is a member of his family except a child or young person whose capital, if calculated in accordance with Part V in like manner as for the claimant, F309except as provided in regulation 44(1) (modifications in respect of children and young person), would exceed £3,000;
F262iii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C28F67d
except where sub-paragraph (b) or (c) applies, in the case of a person to whom any paragraph, other than F565paragraph 16A, in column (1) of Schedule 7 (special cases) applies, the amount shall be 90% of the amount applicable in column 2 of that Schedule in respect of the claimant and partner (if any), plus, if applicable—
C29i
any amount in respect of a child or young person who is a member of the family except a child or young person whose capital, if calculated in accordance with Part V in like manner as for the claimant, F309except as provided in regulation 44(1) (modifications in respect of children and young person), would exceed £3,000;
ii
any premium under F133Part II or III of Schedule 2; and
iv
the amount of the protected sum which may be applicable to him determined in accordance with Schedule 3AF169or, as the case may be, 3B.
F6402
In a case to which paragraph 1 of Part I of the Schedule to the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 applies, the period for which a claimant’s weekly applicable amount is to be calculated in accordance with paragraph (1) shall be any period, or the aggregrate of any periods, not exceeding 42 days during any one period of leave to which that paragraph of that Part of the Schedule to those Regulations applies.
F683
Where the calculation of a claimant’s applicable amount under this regulation results in a fraction of a penny that fraction shall be treated as a penny.
Assessment of income and capital in urgent casesI7072
1
The claimant' income shall be calculated in accordance with Part V subject to the following modifications—
F473a
any income other than—
i
a payment of income or income in kind made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Fund, the Eileen Trust or the Independent Living Funds; or
ii
income to which paragraph 5, 7 (but only to the extent that a concessionary payment would be due under that paragraph for any non-payment of income support under regulation 70 of these Regulations or of jobseeker’s allowance under regulation 147 of the Jobseeker’s Allowance Regulations 1996 (urgent cases)), 31, 39(2), (3) or (4), 40, 42, 52 or 57 of Schedule 9 (disregard of income other than earnings) applies,
possessed or treated as possessed by him, shall be taken into account in full notwithstanding any provision in that Part disregarding the whole or any part of that income;
b
any income to which regulation 53 (calculation of tariff income from capital) applies shall be disregarded;
c
income treated as capital by virtue of F116regulation 48(1), (2), (3) and (9) (income treated as capital) shall be taken into account as income;
d
in a case to which paragraph (2) (b) of regulation 70 (urgent cases) applies, any income to which regulation 42 (3) (notional income) applies shall be disregarded;
F163e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
The claimant' capital calculated in accordance with Part V, but including any capital referred to in paragraphs 3 and, to the extent that such assets as are referred to in paragraph 6 consist of liquid assets, 6 F117and, except to the extent that the arrears referred to in paragraph 7 consist of arrears of housing benefit payable under Part II of the Act or Part II of the Social Security and Housing Benefits Act 1982 F474or any arrears of benefit due under regulation 70 of these Regulations or regulation 147 of the Jobseeker’s Allowance Regulations 1996 (urgent cases), 7, 9(b), 19, 30F436, 32 and 47 to 49 of Schedule 10 (capital to be disregarded) shall be taken into account in full and the amount of income support which would, but for this paragraph be payable under this regulation, shall be payable only to the extent that it exceeds the amount of that capital.
F41PART VIICALCULATION OF INCOME SUPPORT FOR PART-WEEKS
Pt. 7 inserted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 27
Amount of income support payable73
1
Subject to regulations 75 (modifications in income) and 76 (reduction in certain cases), where a claimant is entitled to income support for a period (referred to in this Part as a part-week) to which subsection (1A) of section 21 of the Act (amount etc. of income-related benefit) applies, the amount of income support payable shall, except where paragraph (2) applies, be calculated in accordance with the following formulae—
a
if the claimant has no income,
b
if the claimant has income,
2
Subject to regulations 75 and 76, in the case of a claimant to whom regulation 19 F164... (persons in residential care or nursing homes F164...) applies, where the weekly charge for the accommodation is due to be paid during a part-week to which regulation 74(1)(a) or (b) applies, the amount of income Support payable shall be calculated in accordance with the following formulae—
a
if the claimant has no income, A;
b
if the claimant has income, (A − I) − B.
3
In this Regulation—
“A”, Subject to paragraph (4), means the claimant’s weekly applicable amount in the relevant week;
“B” means the amount of any income support, F424jobseeker’s allowance, F100maternity allowance,F342short-term or long-term incapacity benefit, or severe disablement allowance payable in respect of any day in the part-week;
“I” means his weekly income in the relevant week less B;
“N” means the number of days in the part-week;
“relevant week” means the period of 7 days determined in accordance with regulation 74.
4
In a case to which paragraph (2) applies, a claimant’s weekly applicable amount shall be—
a
where the weekly charge for the accommodation includes all meals, the aggregate of the following amounts—
i
the weekly charge for the accommodation determined in accordance with paragraph 1(1)(a) of Schedule 4 F165...; and
ii
the amount calculated in accordance with the formula—
b
where the weekly charge for the accommodation does not include all meals, the aggregate of the following amounts':
i
the weekly charge for the accommodation determined in accordance with paragraph 1(1)(a) of Schedule 4 F165... less M; and
ii
the amount calculated in accordance with the formula—
.
5
In paragraph (4)—
“H” means the weekly amount determined in accordance with paragraph 1(1)(c) of Schedule 4 F166...;
“M” means the amount of the increase for meals calculated on a weekly basis in accordance with paragraph 2 of Schedule 4 F166...;
“P” means the weekly amount for personal expenses determined in accordance with paragraph 13 of Schedule 4 F167....
Relevant week74
1
Where the part-week—
a
is the whole period for which income support is payable or occurs at the beginning of the claim, the relevant week is the period of 7 days ending on the last day of that part-week; or
b
occurs at the end of the claim, the relevant week is the period of 7 days beginning on the first day of that part-week.
2
Where during the currency of a claim the claimant makes a claim for a relevant social security benefit within the meaning of paragraph 4 of Schedule 7 to the Social Security (Claims and Payments) Regulations 1987 and as a result his benefit week changes, for the purpose of calculating the amount of income support payable—
a
for the part-week beginning on the day after his last complete benefit week before the date from which he makes a claim for the relevant social security benefit and ending immediately before that date, the relevant week is the period of 7 days beginning on the day after his last complete benefit week (the first relevant week);
b
for the part-week beginning on the date from which he makes a claim for the relevant social security benefit and ending immediately before the start of his next benefit week after the date of that claim, the relevant week is the period of 7 days ending immediately before the start of his next benefit week (the second relevant week).
3
Where during the currency of a claim the claimant’s benefit week changes at the direction of the Secretary of State under paragraph 3 of Schedule 7 to the Social Security (Claims and Payments) Regulations 1987, for the purpose of calculating the amount of income Support payable for the part-week beginning on the day after his last complete benefit week before the change and ending immediately before the change, the relevant week is the period of 7 days beginning On the day after the last complete benefit week.
Modifications in the calculation of income75
For the purposes of regulation 73 (amount of income support payable for part-weeks), a claimant’s income and the income of any person which the claimant is treated as possessing under section 22(5) of the Act or regulation 23(3) shall be calculated in accordance with Part V and, where applicable, VI subject to the following modifications—
a
any income which is due to be paid in the relevant week shall be treated as paid on the first day of that week;
b
c
where the part-week occurs at the end of the claim, any income or any change in the amount of income of the same kind which is first payable within the relevant week but not on any day in the part-week shall be disregarded;
d
where the part-week occurs immediately after a period in which a person was treated as engaged in remunerative work under regulation 5(5) (persons treated as engaged in remunerative work) any earnings which are taken into account for the purposes of determining that period shall be disregarded;
e
where regulation 74(2) (relevant week) applies, any payment of income which—
i
is the final payment in a series of payments of the same kind or, if there has been an interruption in such payments, the last one before the interruption;
ii
is payable in respect of a period not exceeding a week; and
iii
is due to be paid on a day which falls within both the first and second relevant weeks,
shall be taken into account in either the first relevant week or, if it is impracticable to take it into account in that week, in the second relevant week; but this paragraph shall not apply to a payment of income support, F426jobseeker’s allowance, F102maternity allowance,F344short-term or long-term incapacity benefit or severe disablement allowanceF346...;
f
where regulation 74(2) applies, any payment of income which—
i
is the final payment in a series of payments of the same kind or, if there has been an interruption in such payments, the last one before the interruption;
ii
is payable in respect of a period exceeding a week but not exceeding 2 weeks; and
iii
is due to be paid on a day which falls within both the first and second relevant weeks,
g
where regulation 74(2) applies, if the weekly amount of any income which is due to be paid on a day which falls within both the first and second relevant weeks is more than the weekly amount of income of the same kind due to be paid in the last complete benefit week, the excess shall be disregarded;
h
where only part of the weekly amount of income is taken into account in the relevant week, the balance shall be disregarded.
Reduction in certain cases76
There shall be deducted from the amount of income support which would, but for this regulation, be payable for a part-week—
a
F428in the case of a claimant to whom regulation 22A (reduction in applicable amount where the claimant is appealing against a decision F502which embodies a determination that he is not incapable of work) applies, the proportion of the relevant amount specified therein appropriate to the number of days in the part-week;
b
where regulation 75(f) (modifications in the calculation of income) applies, one-half of the amount disregarded under regulation 75(f) less the weekly amount of any disregard under Schedule 8 or 9 appropriate to that payment.
Modification of section 23(5) of the Act77
Where income support is payable for a part-week, section 23(5) of the Act (trade disputes) shall have effect as if the following paragraph were substituted for paragraph (b)—
b
any payment by way of income support for a part-week which apart from this paragraph would be made to him, or to a person whose applicable amount is aggregated with his—
i
shall not be made if the payment for that part-week is equal to or less than the proportion of the relevant sum appropriate to the number of days in the part-week; or
ii
if it is more than that proportion, shall be made at a rate equal to the difference.
Pt. V Ch. IVA added (1.6.1998) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 1998 (S.I. 1998/1174), regs. 1(1), 6(3)