The Income Support (General) Regulations 1987

[F1[F2[F3Previous entitlement to income-based jobseeker’s allowance [F4, income-related employment and support allowance] or state pension credit]E+W+S

1A.—(1) Where a claimant or his partner was in receipt of or was treated as being in receipt of income-based jobseeker’s allowance [F5or income-related employment and support allowance] not more than 12 weeks before one of them becomes entitled to income support or, where the claimant or his partner is a person to whom paragraph 14(2) or (8) (linking rules) refers, not more than 26 weeks before becoming so entitled and—

(a)the applicable amount for that allowance included an amount in respect of housing costs [F6under paragraph 16 of Schedule 2] to the Jobseeker’s Allowance Regulations 1996 [F7or [F8paragraph 18 of Schedule 6] to the Employment and Support Allowance Regulations]; and

(b)the circumstances affecting the calculation of those housing costs remain unchanged since the last calculation of those costs,

the applicable amount in respect of housing costs for income support shall be the applicable amount in respect of those costs current when entitlement to income-based jobseeker’s allowance [F5or income-related employment and support allowance] was last determined.

[F9(1A) Where a claimant or his partner was in receipt of state pension credit not more than 12 weeks before one of them becomes entitled to income support or, where the claimant or his partner is a person to whom paragraph 14(2) or (8) (linking rules) refers, not more than 26 weeks before becoming so entitled, and—

(a)the appropriate minimum guarantee included an amount in respect of housing costs [F10paragraph 13 of Schedule II] to the State Pension Credit Regulations 2002; and

(b)the circumstances affecting the calculation of those housing costs remain unchanged since the last calculation of those costs,

the applicable amount in respect of housing costs for income support shall be the amount applicable in respect of those costs current when entitlement to state pension credit was last determined.]

(2) Where, in the period since housing costs were last calculated for income-based jobseeker’s allowance [F5or income-related employment and support allowance] [F11or (as the case may be) state pension credit], there has been a change of circumstances, other than a reduction in the amount of an outstanding loan, which increases or reduces those costs, the amount to be met under this Schedule shall, for the purposes of the claim for income support, be recalculated so as to take account of that change.]]

Textual Amendments

F6Words in Sch. 3 para. 1A(1)(a) substituted (with effect in accordance with regs.19 - 21 of the amending S.I.) by The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 2(d)(iii)(aa)

F8Words in Sch. 3 para. 1A(1)(a) substituted (with effect in accordance with regs.19 - 21 of the amending S.I.) by The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 2(d)(iii)(bb)

F10Words in Sch. 3 para. 1A(1A)(a) substituted (with effect in accordance with regs.19 - 21 of the amending S.I.) by The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 2(d)(iv)