The Income Support (General) Regulations 1987

6.—(1) In a case where paragraph 4 does not apply, if the claimant is one of a couple and both members of that couple are under age 60 and one of the couple has for a continuous period of two years been in receipt of income support in respect of a couple (whether or not the same couple) and during that period—

(a) neither member has been engaged in remunerative work; or

(b) neither member has been receiving full-time education;

for a period exceeding eight consecutive weeks, £15; but, notwithstanding regulation 23 (calculation of income and capital of members of claimant’s family and of a polygamous marriage), if this paragraph applies to one of the couple it shall not apply to the other except where, and to the extent that, the earnings of the one which are to be disregarded under this paragraph are less than £15;

(2) For the purposes of this paragraph—

(a) in determining whether a period is continuous no account shall be taken of any period not exceeding eight weeks during which the claimant ceased to be a member of a couple or to be in receipt of income support;

(b) in determining whether one of a couple has been in receipt of income support for a continuous period of two years, consecutive periods during which either member was in receipt of income support shall be treated as periods during which one of that couple had been so in receipt.

(3) For the purposes of this paragraph—

(a) any period beginning before the commencement of these regulations during which the claimant or the other member of the couple was in receipt of supplementary benefit in respect of a couple, and immediately preceding the receipt of income support, is to be taken into account as if it were a period of income support except where during that period either the claimant or the other member was engaged in remunerative work or receiving relevant education within the meaning of section 6 of the Supplementary Benefits Act 1976(1);

(b) any period during which the claimant or the other member of the couple is in receipt of income support under the Social Security (Northern Ireland) Order 1986(2) or was in receipt of supplementary benefit under the Supplementary Benefit (Northern Ireland) Order 1977(3) and immediately preceding the receipt of income support is to be taken into account as if it were a period of income support;

and in determining whether any such period is continuous sub-paragraph (2) hereof shall apply by analogy.

(1)

1976 c. 71; section 6 was substituted by section 6(1) and Schedule 2 Part I paragraph 6 of the Social Security Act 1980 (c. 30).

(2)

S.I. 1986/1888 (NI 18); the relevant amending instrument is S.I. 1987/464 (NI 8).

(3)

S.I. 1977/2156 (NI 27); the relevant amending instruments are S.I. 1980/870 (NI 18), S.I. 1987/464 (NI 8).