http://www.legislation.gov.uk/id/uksi/1988/2022

http://www.legislation.gov.uk/uksi/1988/2022/regulation/2/made

The Income Support (General) Amendment No. 5 Regulations 1988

Income support

Housing

Legislation

Children in care

King's Printer of Acts of Parliament

2015-12-10

SOCIAL SECURITY

These Regulations further amend the Income Support (General) Regulations 1987 in the following respects—they provide that where a disability premium is applicable to a person, it shall continue to be applicable to him whilst he is undergoing training (regulation 17(b)) and amend the circumstances where that premium is payable (regulation 17(a)); restrict the reference to“age” in the definition of“residential care home” to old age (regulation 4); amend the provision relating to the applicable amount of blind persons and certain other persons who are in nursing or residential care homes (regulation 20); make new provision for the applicable amounts of persons in special cases, including lone parents who have entered residential accommodation temporarily (regulation 21);they delete the provisions which treat charitable or voluntary payments in excess of £250 as income (regulations 5 to 11(a), 13 and 15(b)); provide that capital derived from a payment made in consequence of any personal injury which is placed on trust is not to be treated as a notional resource (regulation 12); specify as an eligible housing cost interest under a hire purchase agreement for the purchase of a home (regulation 18); amend the provisions under which sums are disregarded in the calculation of income and capital (regulations 22 and 23); and provide that earnings in respect of part of a day are to be attributed to a period equal to a day (regulation 7(c));they provide in urgent cases for housing benefit, community charge rebate and payments to compensate for the loss of housing benefit and housing benefit supplement to be disregarded in calculating income and for training bonuses, refunds of tax and payments to compensate for the loss of supplementary benefit to be taken into account as capital and for arrears of housing benefit to be disregarded in such a calculation (regulation 15);they insert a new definition of“board and lodging accommodation” and make miscellaneous amendments to the provisions in Schedule 3A by amending the definition of“eligible housing benefit” and the circumstances in which a person is a protected person, or is entitled to a protected sum, for the purposes of that Schedule with effect from 10th April 1989 (regulation 2(a) and 19);they make miscellaneous amendments to the circumstances in which income is treated as capital (regulation 11(b)); the definitions of“polygamous marriage” (regulation 2(b)) and“education authority” (regulation 14); the circumstances in which a person is treated as engaged in remunerative work (regulation 3) and the circumstances in which a person is not required to be available for employment on account of incapacity, age or absence from United Kingdom (regulation 16).

Amendment of regulation 2 of the General Regulations2

In regulation 2(1) of the General Regulations (interpretation)—

a

after the definition of“benefit week”, there shall be inserted the following definition—

“board and lodging accommodation” means—
a
accommodation provided to a person or, if he is a member of a family, to him or any other member of his family, for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which both are cooked or prepared (by a person other than the person to whom the accommodation is provided or a member of his family) and are consumed in that accommodation or associated premises; or
b
accommodation provided to a person in a hotel, guest house, lodging house or some similar establishment,
except accommodation provided by a close relative of his or of any other member of his family, or other than on a commercial basis;

b

for the definition of“polygamous marriage” there shall be substituted the following definition—

“polygamous marriage” means any marriage during the subsistence of which a party to it is married to more than one person and the ceremony of marriage took place under the law of a country which permits polygamy;