The Income Support (Transitional) Regulations 1987

Questions deemed to have been determined and treatment of income U.K.

5.—(1) Where, for a period commencing on or after 11th April 1988, it appears that the entitlement of a former beneficiary to income support, or the amount of such benefit to which he is entitled, depends upon the determination of any question by an adjudicating authority and such a question has been so determined in respect of that former beneficiary's entitlement to supplementary benefit immediately before 11th April 1988, that question shall be deemed to have been so determined for the purposes of the said entitlement to income support.

(2) For the purposes of determining a claimant's entitlement to income support for a period commencing on or after 11th April 1988, any earnings paid before that date on the termination or interruption of–

(a) the claimant's employment shall be taken into account in accordance with Part V of the General Regulations (income and capital) as if that Part were in force at the date of the termination or interruption of the employment and, except in the case of a claimant who was not treated as engaged in remunerative full-time work within the meaning of regulation 9(1)(a) of the Supplementary Benefit (Conditions of Entitlement) Regulations 1981 M1 (circumstances in which persons are to be treated as engaged in remunerative full-time work), the claimant shall be treated as being engaged in remunerative work for that part of the period (if any), falling on or after 11th April 1988, for which those earnings are to be taken into account;

(b) the employment of the partner of a former beneficiary, except where the partner was engaged in that employment for less than 30 hours per week, shall notwithstanding the revocation of the Supplementary Benefit (Resources) Regulations 1981 M2 , be taken into account in accordance with those Regulations as if they were still in force.

(3) Except in the case of earnings to which paragraph (2) applies or would, but for the exception specified in sub-paragraph (b) thereof, apply, where in the case of a former beneficiary to whom regulation 4 applies a payment of income would, but for this paragraph, fall to be treated as paid under regulation 31(1)(a) of the General Regulations (date on which income treated as paid) before the first day of the benefit week in which he is first entitled to income support, that payment shall be treated as paid on that day and any part of the payment which has been taken into account in determining the former beneficiary's entitlement to supplementary benefit shall, notwithstanding Part V of the General Regulations, be disregarded in determining his entitlement to income support.

(4) Where an adjudicating authority has determined that payment of an amount of supplementary benefit awarded to a former beneficiary for a period immediately preceding 11th April 1988 should be paid to another person or body, such determination shall be deemed also to have been made for the purposes of income support to which the former beneficiary is entitled on or after 11th April 1988.

(5) For the purpose of the application of paragraph 14 of Schedule 4 to the General Regulations (applicable amounts of persons in residential care and nursing homes), or paragraph 12 of Schedule 5 to those Regulations (applicable amounts of persons in board and lodging accommodation), to a former beneficiary in respect of whom income support becomes payable for a period immediately following a period in respect of which supplementary benefit was payable, the expression “ close relative ” shall, for so long as he continues to be entitled without interruption to income support, be given the meaning assigned to it immediately before 11th April 1988 by regulation 2 of the Requirements RegulationsM3 (interpretation).

[F1 (6) For the purposes of determining a claimant’s entitlement to income support for a period commencing on or after 11th April 1988, regulation 43 of the General Regulations (notional earnings of seasonal workers) shall apply for the purposes of determining a person’s earnings in the period of his off-season or last period of normal employment beginning before that date as if that regulation and Parts IV and V of the General Regulations (applicable amounts and income and capital) were in force throughout that period.]

Textual Amendments

F1 Reg. 5(6) inserted (11.4.1988) by The Income Support (Transitional) Amendment Regulations 1988 (S.I. 1988/521), regs. 1(1), 3

Marginal Citations

M1 S.I. 1981/1526.

M2 S.I. 1981/1527, as amended by S.I. 1982/1125, 1126, 1127, 1983/503, 1240, 1984/1102, 1985/614, 1246, 1835, 1986/1292, 1293, 1987/17, 659, 660, 1325.

M3 S.I. 1983/1399; the relevant amending instrument is S.I. 1985/1835.