The Income Support (General) Regulations 1987

[F1 15B.— (1) Subject to sub-paragraphs (2) and (3), where a claimant— E+W+S

(a) is a person to whom regulation 19 (preserved rights to income support) or paragraph 13A, 13B, 16 or 18 of Schedule 7 (applicable amounts in special cases) applies;

(b) is not residing with his spouse; and

(c) at least 50 per cent. of any occupational pension of his[F2 , or of any income from a personal pension scheme or a retirement annuity contract of his,] is being paid to, or in respect of, his spouse for that spouse’s maintenance,

an amount equal to 50 per cent. of the pension[F3 , pensions or income] concerned.

[F4 (2) Where a claimant is entitled to pensions or income referred to in sub-paragraph (1) from more than one source, all such pensions and income to which he is entitled shall be aggregated for the purposes of that sub-paragraph.]

(3) This paragraph shall not have effect in respect of that part of any [F5 pension or income referred to in sub-paragraph (1)] to which a spouse is legally entitled whether under a court order or not.]

Textual Amendments

F1 Sch. 9 para. 15B inserted (8.4.1996) by The Income Support (General) Amendment Regulations 1996 (S.I. 1996/606), regs. 1(1), 2 (with reg. 1(2))

F2 Words in Sch. 9 para. 15B(1)(c) inserted (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits and Jobseeker’s Allowance (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/65), regs. 1(1)(2), 2(3)(a)(i)(aa)

F3 Words in Sch. 9 para. 15B(1) substituted (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits and Jobseeker’s Allowance (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/65), regs. 1(1)(2), 2(3)(a)(i)(bb)

F4 Sch. 9 para. 15B(2) substituted (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits and Jobseeker’s Allowance (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/65), regs. 1(1)(2), 2(3)(a)(ii)

F5 Words in Sch. 9 para. 15B(3) substituted (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits and Jobseeker’s Allowance (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/65), regs. 1(1)(2), 2(3)(a)(iii)