The Income Support (General) Regulations 1987

1. Introductory Text

2. PART I GENERAL

   1. 1. Citation and commencement

   2. 2. Interpretation

   3. 2A. Disapplication of section 1(1A) of the Administration Act

   4. 3. Definition of non-dependant

   5. 3A. Permitted period

3. PART II CONDITIONS OF ENTITLEMENT

   1. 4ZA. Prescribed categories of person

   2. 4. Temporary absence from Great Britain

   3. 5. Persons treated as engaged in remunerative work

   4. 6. Persons not treated as engaged in remunerative work

   5. 7. Meaning of employment

   6. 8. Persons not required to be available for employment

   7. 9. Persons treated as available for employment

   8. 10. Circumstances in which claimants are not to be treated as available for employment

   9. 10A. Actively seeking employment

   10. 11. Registration for employment

   11. 12. Relevant Education

   12. 13. Circumstances in which persons in relevant education are to be entitled to income support

   13. 13A. Persons under 18 years

4. PART III MEMBERSHIP OF THE FAMILY

   1. 14. Persons of a prescribed description

   2. 15. Circumstances in which a person is to be treated as responsible or not responsible for another

   3. 16. Circumstances in which a person is to be treated as being or not being a member of the household

5. PART IV APPLICABLE AMOUNTS

   1. 17. Applicable amounts

   2. 18. Polygamous marriages

   3. 19. Applicable amounts for persons in residential care and nursing homes

   4. 20. Applicable amounts for persons in board and lodging accommodation and hostels

   5. 21. Special cases

   6. 21ZA. Treatment of refugees

   7. 21A. Reductions in applicable amounts in certain cases of failure to attend courses

   8. 22. Reductions in applicable amounts in certain cases of actual or notional unemployment benefit disqualification

   9. 22A. Reduction in applicable amount where the claimant is appealing against a decision that he is not incapable of work

6. PART V INCOME AND CAPITAL

   1. CHAPTER I general

      1. 23. Calculation of income and capital of members of claimant's family and of a polygamous marriage

      2. 23A. Income of participants in the self-employment route of the Employment Option of the New Deal

      3. 24. Treatment of charitable or voluntary payments

      4. 25. Liable relative payments

      5. 25A. Child support

      6. 26. Calculation of income and capital of students

      7. 27. Rounding of fractions

   2. CHAPTER II income

      1. 28. Calculation of income

      2. 29. Calculation of earnings derived from employed earner's employment and income other than earnings

      3. 30. Calculation of earnings of self-employed earners

      4. 31. Date on which income is treated as paid

      5. 32. Calculation of weekly amount of income

      6. 33. Weekly amount of charitable or voluntary payment

      7. 34. Incomplete weeks of benefit

   3. CHAPTER III employed earners

      1. 35. Earnings of employed earners

      2. 36. Calculation of net earnings of employed earners

   4. CHAPTER IV self-employed earners

      1. 37. Earnings of self-employed earners

      2. 38. Calculation of net profit of self-employed earners

      3. 39. Deduction of tax and contributions for self-employed earners

   5. CHAPTER IVA PARTICIPANTS IN THE SELF-EMPLOYMENT ROUTE OF THE EMPLOYMENT OPTION OF THE NEW DEAL

      1. 39A. Interpretation

      2. 39B. Treatment of gross receipts of participants in the self-employment route of the Employment Option of the New Deal

      3. 39C. Calculation of income of participants in the self-employment route of the Employment Option of the New Deal

      4. 39D. Deduction in respect of tax for participants in the self-employment route of the Employment Option of the New Deal

   6. CHAPTER V other income

      1. 40. Calculation of income other than earnings

      2. 41. Capital treated as income

      3. 42. Notional income

      4. 43. Notional earnings of seasonal workers

      5. 44. Modifications in respect of children and young persons

   7. CHAPTER VI capital

      1. 45. Capital limit

      2. 46. Calculation of capital

      3. 47. Disregard of capital of child or young person

      4. 48. Income treated as capital

      5. 49. Calculation of capital in the United Kingdom

      6. 50. Calculation of capital outside the United Kingdom

      7. 51. Notional capital

      8. 51A. Diminishing notional capital rule

      9. 52. Capital jointly held

      10. 53. Calculation of tariff income from capital

   8. CHAPTER VII liable relatives

      1. 54. Interpretation

      2. 55. Treatment of liable relative payments

      3. 55A. Disregard of payments treated as not relevant income

      4. 56. Period over which periodical payments are to be taken into account

      5. 57. Period over which payments other than periodical payments are to be taken into account

      6. 58. Calculation of the weekly amount of a liable relative payment

      7. 59. Date on which a liable relative payment is to be treated as paid

      8. 60. Liable relative payments to be treated as capital

   9. CHAPTER VIIA CHILD SUPPORT

      1. 60A. Interpretation

      2. 60B. Treatment of child support maintenance

      3. 60C. Calculation of the weekly amount of payments of child support maintenance

      4. 60D. Date on which child support maintenance is to be treated as paid

      5. 60E. Disregard of payments treated as not relevant income

   10. CHAPTER VIII students

       1. 61. Interpretation

       2. 62. Calculation of grant income

       3. 63. Calculation of covenant income where a contribution is assessed

       4. 64. Covenant income where no grant income or no contribution is assessed

       5. 65. Relationship with amounts to be disregarded under Schedule 9

       6. 66. Other amounts to be disregarded

       7. 66A. Treatment of student loans

       8. 67. Disregard of contribution

       9. 67A. Further disregard of student’s income

       10. 68. Income treated as capital

       11. 69. Disregard of changes occurring during summer vacation

7. PART VI URGENT CASES

   1. 70. Urgent cases

   2. 71. Applicable amounts in urgent cases

   3. 72. Assessment of income and capital in urgent cases

8. PART VII CALCULATION OF INCOME SUPPORT FOR PART-WEEKS

   1. 73. Amount of income support payable

   2. 74. Relevant week

   3. 75. Modifications in the calculation of income

   4. 76. Reduction in certain cases

   5. 77. Modification of section 23(5) of the Act

9. Signature

10. 1. SCHEDULE 1

       PERSONS NOT REQUIRED TO BE AVAILABLE FOR EMPLOYMENT

       1. 1. Lone parents

       2. 2. Single persons looking after foster children

       3. 3. Persons temporarily looking after another person

       4. 4. Persons caring for another person

       5. 4A. A person who, had he previously made a claim for...

       6. 5. Persons incapable of work

       7. 6. Disabled workers

       8. 6A. Persons in employment living in residential care homes, nursing homes or residential accommodation

       9. 7. Disabled students

       10. 7A. (1) A person who is a student who—

       11. 7B. (1) A person who is a student in respect of...

       12. 8. Blind persons

       13. 9. Pregnancy

       14. 10. Persons in education

       15. 11. Training allowances

       16. 12. Open University students

       17. 13. Persons within 10 years of pensionable age

       18. 14. Persons aged 60

       19. 15. Allowances under the Job Release Act 1977

       20. 16. Refugees

       21. 17. Persons required to attend court

       22. 18. Discharged prisoners

       23. 19. Persons affected by a trade dispute

       24. 20. Persons from abroad

       25. 21. Persons in custody

       26. 22. Member of couple looking after children while other member temporarily abroad

       27. 23. Persons taking a child or young person abroad for treatment

    2. SCHEDULE 1A

       CIRCUMSTANCES IN WHICH A PERSON AGED 16 OR 17 IS ELIGIBLE FOR INCOME SUPPORT

       1. PART I PERS0NS ELIGIBLE UNTIL 18

          1. 1. A person who is not required to be available for...

          2. 2. A person who is incapable of work and training under...

          3. 3. A person who is a member of a couple and...

          4. 4. A person who is temporarily laid off employment and is...

       2. PART II PERS0NS ELIGIBLE UNTIL THE RELEVANT DATE DETERMINED UNDER REGULATION 13A(3)(b)

          1. 5. A registered person who is a member of a married...

          2. 6. A registered person who has no parent nor any person...

          3. 7. A registered person who– (a) is not living with his...

          4. 8. A registered person who is in accommodation which is other...

          5. 9. A registered person who is living away from his parents...

          6. 9A. A registered person who of necessity has to live away...

          7. 10. In this Schedule– (a) any reference to a person acting...

    3. SCHEDULE 1B

       PRESCRIBED CATEGORIES OF PERSON

       1. 1. Lone parents

       2. 2. Single persons looking after foster children

       3. 3. Persons temporarily looking after another person

       4. 4. Persons caring for another person

       5. 5. A person to whom paragraph 4 applied, but only for...

       6. 6. A person who, had he previously made a claim for...

       7. 7. Persons incapable of work

       8. 8. Disabled workers

       9. 9. Persons in employment living in residential care homes, nursing homes or residential accommodation

       10. 10. Disabled students

       11. 11. A person who is a student and who—

       12. 12. Deaf students

       13. 13. Blind persons

       14. 14. Pregnancy

       15. 15. Persons in education

       16. 16. Certain persons aged 50 who have not been in remunerative work for 10 years

       17. 17. Persons aged 60 or over

       18. 18. Refugees

       19. 19. Persons required to attend court

       20. 20. Persons affected by a trade dispute

       21. 21. Persons from abroad

       22. 22. Persons in custody

       23. 23. Member of couple looking after children while other member temporarily abroad

       24. 24. Persons appealing against a decision that they are not incapable of work

       25. 25. A person— (a) in respect of whom it has been...

       26. 26. A person who on 6th October 1996 was not required...

       27. 27. A person who on 6th October 1996 was not required...

       28. 28. A person who is engaged in training, and for this...

    4. SCHEDULE 2

       APPLICABLE AMOUNTS

       1. PART I personal allowances

          1. 1. The weekly amounts specified in column (2) below in respect...

          2. 1A. (1) The circumstances referred to in paragraph 1 are that—...

          3. 2. —(1) The weekly amounts specified in column (2) below in...

          4. 2A. (1) The weekly amount for the purposes of regulation 17(1)(bb)...

       2. PART II family premium

          1. 3. (1) The weekly amount for the purposes of regulations 17(1)(c)...

       3. PART III premiums

          1. 4. Except as provided in paragraph 5, the weekly premiums specified...

          2. 5. Subject to paragraph 6, where a claimant satisfies the conditions...

          3. 6. (1) The severe disability premium to which paragraph 13 applies...

          4. 7. (1) Subject to sub-paragraph (2) for the purposes of this...

          5. 8. Lone Parent Premium

          6. 9. Pensioner premium for persons under 75

          7. 9A. Pensioner premium for persons 75 and over

          8. 10. Higher Pensioner Premium

          9. 11. Disability Premium

          10. 12. Additional condition for the Higher Pensioner and Disability Premiums

          11. 13. Severe Disability Premium

          12. 14. Disabled Child Premium

          13. 14ZA. Carer premium

          14. 14A. Persons in receipt of concessionary payments

          15. 14B. Person in receipt of benefit

       4. PART IV Weekly amounts of premiums specified in part III

       5. PART V rounding of fractions

          1. 16. Where income support is awarded for a period which is...

    5. SCHEDULE 3

       HOUSING COSTS

       1. 1. Housing Costs

       2. 1A. Previous entitlement to income-based jobseeker’s allowance

       3. 2. Circumstances in which a person is liable to meet housing costs

       4. 3. Circumstances in which a person is to be treated as occupying a dwelling as his home

       5. 4. Housing costs not met

       6. 5. Apportionment of housing costs

       7. 6. Existing housing costs

       8. 7. Transitional Protection

       9. 8. New housing costs

       10. 9. General exclusions from paragraphs 6 and 8

       11. 10. The calculation for loans

       12. 11. General provisions applying to new and existing housing costs

       13. 12. The standard rate

       14. 13. Excessive Housing Costs

       15. 14. Linking rule

       16. 15. Loans on residential property

       17. 16. Loans for repairs and improvements to the dwelling occupied as the home

       18. 17. Other housing costs

       19. 18. Non-dependant deductions

       20. 19. Rounding of fractions

    6. SCHEDULE 3A

       PROTECTED SUM

       1. 1. Interpretation

       2. 2. Protected sum

       3. 3. Persons not entitled to a protected sum

       4. 4. Period of application

       5. 5. Reduction of protected sum

       6. 6. Termination of protected sum

       7. 7. Protected persons

    7. SCHEDULE 3B

       PROTECTED SUM

       1. 1. Interpretation

       2. 2. Protected sum

       3. 3. Persons not entitled to a protected sum

       4. 4. Reduction of protected sum

       5. 5. Termination of protected sum

       6. 6. Modifications in cases of temporary absence and loss of entitlement to income support

    8. SCHEDULE 3C

       THE GREATER LONDON AREA

       1. The area described in this Schedule comprises—

    9. SCHEDULE 4

       1. PART I applicable amounts of persons in residential care and nursing homes

          1. 1. (1) Subject to sub-paragraph (2), the weekly applicable amount of...

          2. 2. (1) Where, in addition to the weekly charge for accommodation,...

          3. 3. Where any part of the weekly charge for the accommodation...

          4. 4. Where a payment is to be made in respect of...

          5. 5. (1) Subject to paragraph 12 the maximum referred to in...

          6. 6. Residential care homes

          7. 7. Nursing homes

          8. 8. For the purposes of paragraphs 6(e) and 7(d) this paragraph...

          9. 9. The appropriate amount applicable to a claimant in a residential...

          10. 10. (1) Where more than one amount would otherwise be applicable,...

          11. 11. (1) Where the accommodation provided for the claimant is a...

          12. 12. Circumstances in which the maximum is not to apply

          13. 13. Personal allowances

       2. PART II persons to whom regulation 19 does not apply

          1. 14. A claimant or, if he is a member of a...

          2. 15. A person who is on holiday and during a period...

          3. 16. A person who has entered a residential care or nursing...

          4. 17. A person aged 16 or over but under 19 who...

          5. 18. A person who is living in a residential care home...

    10. SCHEDULE 5

        1. ... applicable amounts of persons in board and lodging accommodation or hostels

           1. The allowance for personal expenses for the claimant and each...

        2. persons to whom regulation 20 and part i of this schedule is not to apply

           1. In this Schedule “ initial period ” means that period...

    11. SCHEDULE 6

        BOARD AND LODGING AREAS

        1. ...

    12. SCHEDULE 7

        APPLICABLE AMOUNTS IN SPECIAL CASES

    13. SCHEDULE 8

        SUMS TO BE DISREGARDED IN THE CALCULATION OF EARNINGS

        1. 1. In the case of a claimant who has been engaged...

        2. 2. In the case of a claimant who, before the date...

        3. 3. In the case of a claimant who has been engaged...

        4. 4. (1) In a case to which this paragraph applies, £15;...

        5. 5. In a case where the claimant is a lone parent...

        6. 6. Where the claimant is a member of a couple—

        7. 6A. (1) In a case to which none of paragraphs 4...

        8. 6B. Where the carer premium is awarded in respect of a...

        9. 7. (1) In a case to which none of paragraphs 4...

        10. 8. Where the claimant is engaged in one or more employments...

        11. 9. In a case to which none of paragraphs 4 to...

        12. 10. Notwithstanding the foregoing provisions of this Schedule, where two or...

        13. 11. Any earnings derived from employment which are payable in a...

        14. 12. Where a payment of earnings is made in a currency...

        15. 13. Any earnings which is due to be paid before the...

        16. 14. Any earnings of a child or young person except earnings...

        17. 15. In the case of earnings of a child or young...

        18. 15A. In the case of a claimant who—

        19. 16. In this Schedule “part-time employment” means employment in which the...

    14. SCHEDULE 9

        SUMS TO BE DISREGARDED IN THE CALCULATION OF INCOME OTHER THAN EARNINGS

        1. 1. Any amount paid by way of tax on income which...

        2. 2. Any payment in respect of any expenses incurred by a...

        3. 3. In the case of employment as an employed earner, any...

        4. 4. In the case of a payment of statutory sick pay...

        5. 4A. In the case of the payment of statutory sick pay...

        6. 5. Any housing benefit including any amount of housing benefit to...

        7. 6. Any mobility allowance or the mobility component of disability living...

        8. 7. Any concessionary payment made to compensate for the non-payment of—...

        9. 8. Any mobility supplement or any payment intended to compensate for...

        10. 9. Any attendance allowance or the care component of disability living...

        11. 9A. . . . . . . . . . ....

        12. 10. Any payment to the claimant as holder of the Victoria...

        13. 11. Any sum in respect of a course of study attended...

        14. 12. In the case of a claimant to whom regulation 9...

        15. 13. In the case of a claimant participating in arrangements for...

        16. 14. . . . . . . . . . ....

        17. 15. (1) Subject to sub-paragraph (3) and paragraphs 36, 37 and...

        18. 15A. (1) Subject to the following provisions of this paragraph, in...

        19. 15B. (1) Subject to sub-paragraphs (2) and (3), where a claimant—...

        20. 16. Subject to paragraphs 36 and 37, £10 of any of...

        21. 17. Where a claimant receives income under an annuity purchased with...

        22. 18. Any payment made to the claimant by a person who...

        23. 19. Where the claimant occupies a dwelling as his home and...

        24. 20. Where the claimant occupies a dwelling as his home and...

        25. 21. (1) Subject to sub-paragraph (2), except where regulation 42(4)(a)(i) (notional...

        26. 22. (1) Any income derived from capital to which the claimant...

        27. 23. Any income which is payable in a country outside the...

        28. 24. Where a payment of income is made in a currency...

        29. 25. (1) Any payment made to the claimant in respect of...

        30. 26. Any payment made by a local authority to the claimant...

        31. 27. Any payment made to the claimant or his partner for...

        32. 28. Except in the case of a person to whom section...

        33. 29. (1) Subject to sub-paragraph (2) any payment received under an...

        34. 30. (1) Except where paragraph 29 or 30ZA applies, and subject...

        35. 30ZA. (1) Subject to sub-paragraph (2), any payment received under an...

        36. 30A. (1) Subject to sub-paragraphs (2) and (3), in the case...

        37. 31. Any social fund payment made pursuant to Part III of...

        38. 32. Any payment of income which under regulation 48 (income treated...

        39. 33. Any payment under paragraph 2 of Schedule 6 to the...

        40. 34. In the case of a person to whom section 23...

        41. 35. Any payment which is due to be paid before the...

        42. 36. The total of a claimant's income or, if he is...

        43. 37. Notwithstanding paragraph 36 where two or more payments of the...

        44. 38. Any resettlement benefit which is paid to the claimant by...

        45. 39. (1) Any payment made under the Macfarlane Trust, the Macfarlane...

        46. 40. Any payment made by the Secretary of State to compensate...

        47. 41. Any payment made by the Secretary of State to compensate...

        48. 42. Any payment made by the Secretary of State to compensate...

        49. 43. Any payment made to a juror or a witness in...

        50. 44. . . . . . . . . . ....

        51. 45. Any community charge benefit.

        52. 46. Any payment in consequence of a reduction of a personal...

        53. 47. Any special war widows payment made under—

        54. 48. (1) Any payment or repayment made– (a) as respects England...

        55. 49. Any payment made under regulation 9 to 11 or 13...

        56. 50. Any payment made either by the Secretary of State for...

        57. 51. Any payment (other than a training allowance) made, whether by...

        58. 52. Any council tax benefit including any amount of council tax...

        59. 53. Where the claimant is in receipt of any benefit under...

        60. 54. Any supplementary pension under article 29(1A) of the Naval, Military...

        61. 55. In the case of a pension awarded at the supplementary...

        62. 56. (1) Any payment which is— (a) made under any of...

        63. 57. Any amount of income support to which a person is...

        64. 58. Any payment made under the Community Care (Direct Payments) Act...

        65. 59. (1) Subject to paragraph 60, any Career Development Loan paid...

        66. 60. Any Career Development Loan paid to the claimant pursuant to...

        67. 61. (1) Any payment specified in sub-paragraph (2) to a claimant...

        68. 62. (1) Any mandatory top-up payment made to a person pursuant...

        69. 63. (1) Any discretionary payment to meet, or to help meet,...

        70. 64. Any payment made with respect to a person on account...

        71. 64. (1) Subject to sub-paragraph (2), in the case of a...

    15. SCHEDULE 10

        CAPITAL TO BE DISREGARDED

        1. 1. The dwelling occupied as the home but, notwithstanding regulation 23...

        2. 2. Any premises acquired for occupation by the claimant which he...

        3. 3. Any sum directly attributable to the proceeds of sale of...

        4. 4. Any premises occupied in whole or in part by—

        5. 5. Any future interest in property of any kind, other than...

        6. 6. (1) The assets of any business owned in whole or...

        7. 7. Any arrears of, or any concessionary payment made to compensate...

        8. 8. Any sum— (a) paid to the claimant in consequence of...

        9. 9. Any sum— (a) deposited with a housing association as defined...

        10. 10. Any personal possessions except those which had or have been...

        11. 11. The value of the right to receive any income under...

        12. 12. Where the funds of a trust are derived from a...

        13. 13. The value of the right to receive any income under...

        14. 14. The value of the right to receive any income which...

        15. 15. The surrender value of any policy of life insurance.

        16. 16. Where any payment of capital falls to be made by...

        17. 17. Except in the case of a person to whom section...

        18. 18. Any social fund payment made pursuant to Part III of...

        19. 19. Any refund of tax which falls to be deducted under...

        20. 20. Any capital which under regulation 41, 44(1) or 66A (capital...

        21. 21. Where a payment of capital is made in a currency...

        22. 22. (1) Any payment made under the Macfarlane Trust, the Macfarlane...

        23. 23. The value of the right to receive an occupational or...

        24. 23A. The value of any funds held under a personal pension...

        25. 24. The value of the right to receive any rent except...

        26. 25. Where a claimant has ceased to occupy what was formerly...

        27. 26. Any premises where the claimant is taking reasonable steps to...

        28. 27. Any premises which the claimant intends to occupy as his...

        29. 28. Any premises which the claimant intends to occupy as his...

        30. 29. Any payment in kind made by a charity or under...

        31. 30. £200 of any payment, or, if the payment is less...

        32. 31. Any payment made by the Secretary of State to compensate...

        33. 32. Any payment made by the Secretary of State to compensate...

        34. 33. Any payment made by the Secretary of State to compensate...

        35. 34. Any payment made to a juror or a witness in...

        36. 35. Any housing benefit in the form of a community charge...

        37. 36. Any payment in consequence of a reduction of a personal...

        38. 37. Any grant made to the claimant in accordance with a...

        39. 38. (1) Any payment or repayment made– (a) as respects England...

        40. 39. Any payment made under regulation 9 to 11 or 13...

        41. 40. Any payment made either by the Secretary of State for...

        42. 41. Any arrears of special war widows payment which is disregarded...

        43. 42. Any payment (other than a training allowance, or a training...

        44. 43. Any payment made by a local authority under section 3...

        45. 44. Any sum of capital administered on behalf of a person...

        46. 45. Any sum of capital administered on behalf of a person...

        47. 46. Any payment to the claimant as holder of the Victoria...

        48. 47. Any amount of council tax benefit to which a person...

        49. 48. Any amount of housing benefit to which a person is...

        50. 49. Any amount of income support to which a person is...

        51. 50. Any mandatory top-up payment made to a person pursuant to...

        52. 51. Any discretionary payment to meet, or to help meet, special...

        53. 52. In the case of a person who is receiving, or...

11. Explanatory Note