The Income Support (General) Regulations 1987

Changes over time for: Paragraph 21

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There are currently no known outstanding effects for the The Income Support (General) Regulations 1987, Paragraph 21.

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[F121.—(1) [F2Subject to sub-paragraphs (2) and (3)], except where [F3regulation 40(4)(b) (provision of support under section 95 or 98 of the Immigration and Asylum Act including support provided by virtue of regulations made under Schedule 9 to that Act in the calculation of income other than earnings) or] regulation 42(4)(a)(i) (notional income) applies or in the case of a person to whom section 23 of the Act (trade disputes) applies, any income in kind;

(2) The exception under sub-paragraph (1) shall not apply where the income in kind [F4is a Grenfell Tower payment [F5, a child abuse payment or a Windrush payment] or] is received from the Macfarlane Trust [F6, the Macfarlane (Special Payments) Trust] [F7, the Macfarlane (Special Payments) (No. 2) Trust] [F8, the Fund] [F9, the Eileen Trust] [F10, MFET Limited] [F11, the Skipton Fund, the Caxton Foundation] [F12, the Scottish Infected Blood Support Scheme] [F13, an approved blood scheme] [F14, the London Emergencies Trust, the We Love Manchester Emergency Fund] [F15, the National Emergencies Trust] [F16or [F17the Independent Living [F18Fund (2006)]]].]

[F19(3) The first exception under sub-paragraph (1) shall not apply where the claimant is the partner of a person subject to immigration control and whose partner is receiving support provided under section 95 or 98 of the Immigration and Asylum Act including support provided by virtue of regulations made under Schedule 9 to that Act and the income in kind is support provided in respect of essential living needs of the partner of the claimant and his dependants (if any) as is specified in regulations made under paragraph 3 of Schedule 8 to the Immigration and Asylum Act.]

[F20(4) The reference in sub-paragraph (1) to “income in kind” does not include a payment to a third party made in respect of the claimant which is used by the third party to provide benefits in kind to the claimant.]

Textual Amendments

F1Sch. 9 para. 21 substituted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 35(d)

F2Words in Sch. 9 para. 21(1) substituted (3.4.2000) by The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (S.I. 2000/636), regs. 1(1), 3(12)(a)

F3Words in Sch. 9 para. 21(1) added (3.4.2000) by The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (S.I. 2000/636), regs. 1(1), 3(12)(b)

F4Words in Sch. 9 para. 21(2) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 2(11)(a)(i)

F5Words in Sch. 9 para. 21(2) inserted (1.1.2022) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2021 (S.I. 2021/1405), regs. 1, 2(7)(a)

F6Words in Sch. 9 para. 21(2) inserted (31.1.1990) by The Income-related Benefits Schemes Amendment Regulations 1990 (S.I. 1990/127), regs. 1(1), 3(3)(e)

F7Words in Sch. 9 para. 21(2) inserted (11.5.1991) by The Income-related Benefits Schemes and Social Security (Recoupment) Amendment Regulations 1991 (S.I. 1991/1175), regs. 1(1), 5(7)(a)

F8Words in Sch. 9 para. 21(2) inserted (7.5.1992) by The Income-related Benefits Schemes and Social Security (Recoupment) Amendment Regulations 1992 (S.I. 1992/1101), regs. 1(1), 6(7)(a)

F9Words in Sch. 9 para. 21(2) inserted (14.5.1993) by The Income-related Benefits Schemes and Social Security (Recoupment) Amendment Regulations 1993 (S.I. 1993/1249), regs. 1(1)(a), 4(4)(a)

F10Words in Sch. 9 para. 21(2) inserted (6.4.2010) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(1), 2(3)(f)

F11Words in Sch. 9 para. 21(2) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 7(5)