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

http://www.legislation.gov.uk/uksi/1989/1678/regulation/9/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)).

Amendment of Schedule 3B to the General Regulations9

In Schedule 3B to the General Regulations (protected sum)–

a

in paragraph 1(1)–

i

in paragraph (a) of the definition of “protected total” the words “in a case to which paragraph 6(4) applies,” shall be omitted; and for the words “in that week” there shall be substituted the words “for a period not exceeding 14 weeks which includes that week”;

ii

in the definition of “relevant provisions” after paragraph (d) there shall be inserted the following paragraph–

dd
paragraph 13 of Schedule 7 (persons in residential accommo-dation);

b

in paragraph 2(6) after the words “that week shall” there shall be inserted the words “, subject to the following paragraphs of this Schedule,”;

c

in paragraph 3–

i

in sub-paragraph (3) after head (b) there shall be added the following–

or
c
his applicable amount in the first week fell or would have fallen, but for any temporary absence, to be determined under regulation 20 but would not have fallen to be so determined in the March benefit week had he been in the same accommodation in that week and had his stay in that accommodation been other than temporary

ii

after sub-paragraph (3) there shall be added the following sub-paragraph–

4
For the purposes of sub-paragraph (3), where–
a
a claimant’s applicable amount in respect of the March benefit week has been determined under paragraph 13(1) of Schedule 7 and it is subsequently determined on review that it fell to be determined under regulation 20, he shall, notwithstanding that review, be treated as if his applicable amount fell to be determined under that paragraph;
b
a claimant has been temporarily absent from his accommo-dation in the March benefit week and immediatley before the period of temporary absence his applicable amount was determined under paragraph 13(1) of Schedule 7, he shall be treated as if his applicable amount would have fallen to be determined under that paragraph during the period of temporary absence notwithstanding that it is subsequently determined on review that immediately before the period of temporary absence it fell to be determined under regulation 20;
c
a claimant has entered his accommodation after the March benefit week, he shall be treated as if his applicable amount, had he been in that accommodation in the March benefit week, would not have fallen to be determined under regulation 20 in that week if the applicable amounts of other claimants in that accommodation in that week were determined otherwise than under that regulation notwithstanding that it is subsequently determined on review that they fell to be determined under regulation 20.

d

in paragraph 6(3) for the words “a period of not more than 8 weeks” there shall be substituted the words “a period not exceeding the permitted period determined in accordance with regulation 3A (permitted period)”.