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Point in time view as at 19/11/2023.
There are currently no known outstanding effects for the The Income Support (General) Regulations 1987, Paragraph 7.
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7.—[F1(1)] [F2Subject to sub-paragraph (2)] for the purposes of this Part of this Schedule, once a premium is applicable to claimant under this Part, a person shall be treated as being in receipt of any benefit—
(a)in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations 1979 F3 applies, for any period during which, apart from the provisions of those Regulations, he would be in receipt of that benefit; F4...
(b)for any period spent by a person in undertaking a course of training or instruction provided or approved by the [F5Secretary of State F6...] under section 2 of the Employment and Training Act 1973 F7 [F8or by [F9Skills Development Scotland,] Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990,] [F10or for any period during which he is in receipt of a training allowance] [F11and]
[F12(c)in the case of carer support payment, for any period during which, apart from regulation 16 of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023, he would be in receipt of that benefit.]
[F13(2) For the purposes of the carer premium under paragraph 14ZA, a person shall be treated as being in receipt of [F14carer’s allowance] by virtue of sub-paragraph (1)(a) [F15or carer support payment by virtue of sub-paragraph (1)(c)] only if and for so long as the person in respect of whose care the allowance [F16or payment] has been claimed remains in receipt of attendance allowance [F17, F18... the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act] [F19, the care component of child disability payment at the highest or middle rate prescribed in accordance with the regulation 11(5) of the DACYP Regulations] [F20or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act] [F21, the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022] [F22or armed forces independence payment].]
Textual Amendments
F1 Sch. 2 para. 7 renumbered as Sch. 7 para. 7(1) (1.10.1990) by The Income Support (General) Amendment No. 3 Regulations 1990 (S.I. 1990/1776), regs. 1(1)(a), 8(c)(i) (with reg. 1(2))
F2Words in Sch. 2 para. 7(1) inserted (1.10.1990) by The Income Support (General) Amendment No. 3 Regulations 1990 (S.I. 1990/1776), regs. 1(1)(a), 8(c)(i) (with reg. 1(2))
F4Word in Sch. 2 para. 7(1)(a) omitted (19.11.2023) by virtue of The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 5(4)(a)(i)
F5Words in Sch. 2 para. 7(1)(b) substituted (1.1.1996) by The Transfer of Functions (Education and Employment) Order 1995 (S.I. 1995/2986), arts. 1, 6(5)
F6Words in Sch. 2 para. 7(1)(b) omitted (14.4.2008) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/698), regs. 1(1), 2(12)
F71973 c. 50 as amended by sections 9 and 11 and Schedule 2 Part II paragraph 9 and Schedule 3 of the Employment and Training Act 1981 (c. 57).
F8Words in Sch. 2 para. 7(1)(b) added (1.4.1991) by The Enterprise (Scotland) Consequential Amendments Order 1991 (S.I. 1991/387), arts. 1, 9(d)
F9Words in Sch. 2 para. 7(1)(b) inserted (6.4.2009) by The Social Security (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/583), regs. 1(2), 2(3)(c)
F10Words in Sch. 2 para. 7(b) inserted (9.10.1989) by The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(a), 6(e)
F11Word in Sch. 2 para. 7(1)(b) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 5(4)(a)(ii)
F12Sch. 2 para. 7(1)(c) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 5(4)(a)(iii)
F13Sch. 2 para. 7(2) added (1.10.1990) by The Income Support (General) Amendment No. 3 Regulations 1990 (S.I. 1990/1776), regs. 1(1)(a), 8(c)(ii) (with reg. 1(2))
F14Words in Sch. 2 Pt. III substituted (1.4.2003) by The Social Security Amendment (Carer’s Allowance) Regulations 2002 (S.I. 2002/2497), reg. 1(b), Sch. 2 paras. 1, 2
F15Words in Sch. 2 para. 7(2) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 5(4)(a)(iv)(aa)
F16Words in Sch. 2 para. 7(2) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 5(4)(a)(iv)(bb)
F17Words in Sch. 2 para. 7(2) added (6.4.1992) by The Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations 1991 (S.I. 1991/2742), regs. 1(1), 11(4)(a) (with reg. 1(2))
F18Word in Sch. 2 para. 7(2) omitted (8.4.2013) by virtue of The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 11(5)(a)(i)
F19Words in Sch. 2 para. 7(2) inserted (26.7.2021) by The Social Security (Scotland) Act 2018 (Disability Assistance for Children and Young People) (Consequential Modifications) Order 2021 (S.I. 2021/786), art. 1(2), Sch. 1 para. 5(2)
F20Words in Sch. 2 para. 7(2) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 11(5)(a)(ii)
F21Words in Sch. 2 para. 7(2) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 2(6)(a)
F22Words in Sch. 2 para. 7(2) inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 4(5)(a)
Commencement Information
I1Sch. 2 para. 7 in force at 11.4.1988, see reg. 1
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