The Income Support (Transitional) Regulations 1987

Treatment for income support purposes of periods relating to supplementary benefit

8.—(1) For the purpose of determining under regulation 4(1) of the General Regulations (temporary absence from Great Britain) whether a claimant is entitled to income support during a period of absence, that provision shall be construed as though there were inserted immediately after the words “entitled to income support” the words “or supplementary benefit”.

(2) For the purpose of determining under regulation 21(4)(b)(ii) of the General Regulations (special cases) whether a local authority has accepted in relation to a former beneficiary the responsibility therein referred to for a period of not less than 2 years immediately before that person attained pensionable age, that provision shall be construed as though there were inserted immediately after the words “under and by virtue of that regulation” the words “or under or by virtue of the Supplementary Benefits Act 1976”.

(3) Where, in relation to supplementary benefit for a former beneficiary in respect of a period immediately before 11th April 1988, his normal requirements fell to be reduced by virtue of regulation 8 of the Requirements Regulations (actual or notional unemployment benefit disqualification), regulation 22 of the General Regulations (reduction of applicable amount in cases of voluntary unemployment) shall apply to the calculation of that former beneficiary’s applicable amount on 11th April 1988 with the modification that the relevant period specified in paragraph (6) of that regulation shall be reduced by the number of whole benefit weeks corresponding to the number of such weeks immediately preceding that date during which his normal requirements had been so reduced.

(4) For the purpose of determining whether, in any case, the additional condition for higher pensioner premium or disability premium, specified in paragraph 12(1)(b) of Schedule 2 to the General Regulations (applicable amounts), is satisfied for any period before 24th October 1988, that provision shall be construed as though there were inserted therein, immediately after the reference to the Social Security Act, a reference to the Supplementary Benefits Act 1976.

(5) For the purposes of paragraph 7 of Schedule 3 to the General Regulations (housing costs) any reference to income support shall be construed as if it included a reference to supplementary benefit and in sub-paragraph (2)(a) of that paragraph references to a claimant’s income and applicable amount shall be construed as if they included references to his resources and requirements determined for the purposes of entitlement to supplementary benefit.

(6) Where, in relation to supplementary benefit for a former beneficiary in respect of a period immediately before 11th April 1988, his housing requirements fell to be restricted by virtue of regulation 20 or 21 of the Requirements Regulations (special cases and restrictions where amounts are excessive)–

(a) paragraph 10 of Schedule 3 to the General Regulations (housing costs) shall apply to the calculation of that former beneficiary’s applicable amount in his second benefit week with the modification that the references in paragraph 10(2)(a) and (6) of that Schedule to income support shall be construed as if they included a reference to supplementary benefit; and

(b) in computing the 8 week period referred to in paragraph 10(2)(c) of that Schedule any week falling before 11th April 1988 which is within that 8 week period and during which supplementary benefit was payable shall be treated as a week in which income support was payable.