http://www.legislation.gov.uk/id/uksi/1989/1678

http://www.legislation.gov.uk/uksi/1989/1678/regulation/7/made

The Income Support (General) Amendment No. 3 Regulations 1989

Income support

Benefits

Employment regulations

Nursing homes

King's Printer of Acts of Parliament

2015-12-14

SOCIAL SECURITY

These Regulations further amend the Income Support (General) Regulations 1987 in the following respects–they protect a claimant who has ceased to be entitled to income support because he or his partner is engaged in employment from loss of any transitional protection, mortgage interest at the higher rate and certain earnings disregards, where he becomes re-entitled to income support within the permitted period; and provide for the permitted period to be 12 weeks, or the lesser period of 8 weeks if the claimant is subject to a reduction in his applicable amount, ceases the employment before the end of 6 weeks, or during the preceding 26 weeks has been in work, in relevant education or a student (regulations 2, 4, 7, 8, 9(d) and 12);they exempt from the definition of “non-dependant”a joint occupier who is a co-owner or liable to make payments in respect of the accommodation (regulation 3); make provision, where a new owner applies for registration in respect of a residential care home or nursing home and that application has not yet been determined, for the applicable amounts of residents in the home to be determined as if the last registration continued in force (regulation 5); provide for certain persons under the age of 18 who are living away from their parents in certain specified circumstances and who are eligible for income support to be entitled to the increased personal allowance and make certain other minor amendments to the conditions for premiums (regulation 6);they include in the applicable amounts of claimants in residential care or nursing homes an amount only in respect of members of the family living in the home (regulation 10), substitute a new applicable amount for persons in accommo-dation provided under the Polish Resettlement Act 1947 (c. 19), extend the modifications in the case of couples who are temporarily separated to couples where neither member is living in the home and make provisions for lone parents who are temporarily in a residential care home or nursing home (regulation 11), provide for a protected sum not to be payable to a person who in the March benefit week (beginning 20th March 1989) was not, or had he been in the accommodation in that week, would not have been, assessed at the hostel rate even if on review that rate is determined to be applicable and make other miscellaneous amendments to the provisions for determining the protected sum (regulations 9(a) to (c)).

The Income Support (General) Amendment No. 3 Regulations 1989

reg. 7

The Social Security (Income Support and Claims and Payments) Amendment Regulations 1995

Sch. 4

reg. 5(2)

reg. 1(1)

Amendment of Schedule 3 to the General Regulations7

In Schedule 3 to the General Regulations (housing costs)–

a

in paragraph 7–

i

in sub-paragraph (1) for the words “sub-paragraph (2) to (9)” there shall be substituted the words “the following sub-paragraphs of this paragraph”;

ii

in sub-paragraph (9) at the beginning there shall be inserted the words “Subject to sub-paragraphs (10) and (11),”;

iii

after sub-paragraph (9) there shall be inserted the following sub-paragraphs–

10
Where–
a
a claimant has ceased to be in receipt of income support because he or his partner becomes engaged in remunerative work; and
b
immediately before ceasing to be so in receipt an amount under sub-paragraph (1)(b)(i) was applicable to him,
sub-paragraph (9)(a)(ii) shall apply to him as if for the words “any period of eight weeks or less” there were substituted the words “any period not exceeding the permitted period determined in accordance with regulation 3A (permitted period)”.
11
For the purposes of sub-paragraph (1)(b)(i), where–
a
a claimant has ceased to be entitled to income support because he or his partner is participating in arrangements for training made under section 2 of the Employment and Training Act 1973 or attending a course at an employment rehabilitation centre established under that section; and
b
immediately before so ceasing an amount under that sub-paragraph was applicable to him,
he shall be treated as if he had been in receipt of income support for the period during which he or his partner was participating in such arrangements or attending such a course.

b

in paragraph 10–

i

in sub-paragraph (5) for the words “under this paragraph” there shall be substituted the words “under sub-paragraph (3)”;

ii

in sub-paragraph (7) for the words “In this paragraph” there shall be substituted the words “In sub-paragraph (5)”.