The Income Support (General) Amendment Regulations 1989

Regulation 11

SCHEDULE 1

PART I omission of references to hostel in the general regulations and consequential amendments

1.  In regulation 2(1) (interpretation) in the definition of “residential accommodation” for the reference “regulations 19 and 20 and paragraph 8(c)(i) of Schedule 5” there shall be substituted the reference “regulation 19 and Schedule 3B”.

2.  In regulation 3 (definition of non-dependant)–

(a) in paragraph (2)(d) the words “subject to paragraph (3),” shall be omitted;

(b) paragraph (3) shall be omitted.

3.  In regulation 16(3)(c) and (5)(b) (circumstances in which a person is treated as being or not being a member of the household) for the words “excluding heads (i) to (iii)” there shall be substituted the words “excluding heads (i) and (ii)”(1).

4.  Regulation 20 (applicable amounts for persons in hostels) shall be omitted.

5.  In regulation 21(3) (special cases) in sub-paragraph (d) of the definition of “residential accommodation”–

(i) in head (d)(i) for the words “where full board is not” there shall be substituted the words “where no board is”,

(ii) head (d)(iii) shall be omitted.

6.  In regulation 22(1)(b) (reductions in applicable amounts in cases of voluntary unemployment) for the words “regulation 19 or 20” to the end there shall be substituted the words “regulation 19 (applicable amounts for persons in residential care and nursing homes) applies, the amount allowed for personal expenses for him specified in paragraph 13 of Schedule 4.”.

7.  In regulations 42(4)(a)(ii) (notional income) and 51(3)(a)(ii) (notional capital) the reference “or 20” and the words “or hostels”, in each of those regulations shall be omitted.

8.  In regulation 71(1)(b) (applicable amounts in urgent cases) the words “a hostel,” and–

(i) in head (i) the words “or paragraph 11(b) of Schedule 5 (applicable amounts of persons in board and lodging accommodation or hostels) whichever is appropriate in respect of him”;

(ii) in head (ii) the words “or paragraph 11(c) to (f) of Schedule 5, whichever is appropriate,”; and

(iii) in head (iii), the words “or regulation 20 and Schedule 5 whichever is appropriate”,

shall be omitted.

9.  In regulation 73 (amount of income support payable)–

(a) in paragraph (2) the words “or, as the case may be, 20” and “or board and lodging accommodation or hostels” shall be omitted;

(b) in paragraphs (4) and (5) the words “or, as the case may be, Schedule 5” wherever they occur in those paragraphs shall be omitted;

(c) in paragraph (5), in the definition of “P” the words “or, as the case may be, paragraph 11 of Schedule 5” shall be omitted.

10.  In Schedule 3 (housing costs)–

(a) in paragraph 5(b) for the words from “either regulation 19” to “applies” there shall be substituted the words “regulation 19 (applicable amounts for persons in residential care and nursing homes) applies”;

(b) in paragraph 11–

(i) in sub-paragraph (1)(a)(2) the words “is a person to whom regulation 3(3) applies (non-dependants) and in respect of” shall be omitted;

(ii) in sub-paragraph (7), in head (b), for the words “and he is not a person to whom regulation 3(3) applies (persons in hostels)” and, in heads (c) and (d), for the words “and he is not a person to whom regulation 3(3) applies”, there shall be substituted in each of those provisions the words “and is not a person who lives in board and lodging accommodation”.

11.  In Schedule 3A (protected sums) in paragraph 7(1)(b)(ii) the words from “or a hostel” to “and hostels)” shall be omitted.

12.  Schedule 5 shall be omitted.

13.  In Schedule 7 (applicable amounts in special cases)–

(a) in paragraphs 10A and 10B(1) in column 1, for the words “excluding heads (i) to (iii)” there shall be substituted the words “excluding heads (i) and (ii)”(3);

(b) in paragraphs 10B(1) and 10C, in column (2), the reference “, 20” in each of those paragraphs shall be omitted;

(c) in paragraph 11, in column (2), for the reference “19 to 21” wherever it occurs there shall be substituted the reference “19 or 21”;

(d) in paragraph 12, in column (2), for the reference “18 to 21” wherever it occurs there shall be substituted the reference “18, 19 or 21”;

(e) paragraphs 14 and 15 shall be omitted.

(f) in paragraph 16–

(i) in column (1), the reference “or 20” and the words “(persons in hostels)” shall be omitted;

(ii) in column (2), the reference “or paragraph 1(a) of Schedule 5 (applicable amounts of persons in hostels) as the case may be” shall be omitted;

(iii) in sub-paragraph (a), in column (1), for the words “excluding heads (i) to (iii)” there shall be substituted the words “excluding heads (i) and (ii)”(4);

(g) in paragraph 17, in column (2), in sub-paragraphs (b)(ii), (c)(i) and (d)(i) for the reference “regulation 19, 20 or 21” there shall be substituted the reference “regulation 19 or 21”;

(h) in paragraph 18 in column (1), the reference “or regulation 20 (persons in hostels)” shall be omitted;

(i) in paragraph 18, in column (2)–

(i) in sub-paragraphs (a)(i) and (ii) the reference “or 20, as the case may be,” and the reference “or 20” shall be omitted wherever they occur in each of those sub-paragraphs;

(ii) in sub-paragraph (a)(iii) the reference “, or, as the case may be, paragraph 2 of Schedule 5”; the reference “or paragraph 11 of Schedule 5, as the case may be”; and the reference “or 20” shall be omitted;

(iii) in sub-paragraph (b)(ii), the reference “or, as the case may be, 20”; the reference “or paragraph 2 of Schedule 5”; and the reference “or 20 as the case may be” shall be omitted; and for the reference “either paragraph 13 of Schedule 4 or, as the case may be, paragraph 11 of Schedule 5” there shall be substituted the reference “paragraph 13 of Schedule 4”;

(iv) in sub-paragraph (b)(iii) the reference “or, as the case may be, regulation 20”; the reference “or paragraph 2 of Schedule 5, as the case may be”; and the reference “or 20 as the case may be” shall be omitted; and for the reference “either paragraph 13 of Schedule 4 or paragraph 11 of Schedule 5” there shall be substituted the reference “paragraph 13 of Schedule 4”;

(v) in sub-paragraph (b)(iv) the reference “or, as the case may be, 20”; the reference “or paragraph 2 of Schedule 5, as the case may be”; and the reference “or 20 as the case may be” shall be omitted; and for the reference “either paragraph 13 of Schedule 4 or paragraph 11 of Schedule 5” there shall be substituted the reference “paragraph 13 of Schedule 4”;

(vi) in sub-paragraph (c) the reference “or, as the case may be, regulation 20” shall be omitted.

14.  In Schedule 8 (sums to be disregarded in the calculation of earnings)–

(a) in paragraph 5 the words “, hostel,” shall be omitted;

(b) in paragraph 15 for the words “residential care home, nursing home, or hostel” there shall be substituted the words “residential care home or nursing home”.

15.  In Schedule 9 (sums to be disregarded in the calculation of income other than earnings) in paragraph 30(d) for the words “actual charge” to the end there shall be substituted the words “actual charge increased, where appropriate, in accordance with paragraph 2 of Schedule 4 exceeds the amount determined in accordance with regulation 19 (residential care and nursing homes).”.

16.  In paragraph 12 of Schedule 10 (capital to be disregarded) for the reference “Schedules 4 and 5” there shall be substituted the reference “Schedule 4”.

PART II transitional provisions for determining the applicable amounts of persons who were in hostels prior to 9th october 1989

17.  In regulations 17(1)(g), 18(1)(h) and 71(1)(a)(v) and (d)(iv) (applicable amounts, polygamous marriages and urgent cases) there shall be added at the end of each of those regulations the words “or, as the case may be, 3B”.

18.  After Schedule 3A (protected sum) there shall be inserted as Schedule 3B the Schedule set out in Schedule 2 to these Regulations.

Regulation 11 and Schedule 1, paragraph 18

SCHEDULE 2

To be inserted after Schedule 3A to the General Regulations–

Regulations 17(1)(g), 18(1)(h) and 71(1)(a)(v) and (d)(iv)

“SCHEDULE 3B PROTECTED SUM

Interpretation

1.— (1) In this Schedule–

“eligible housing benefit” means–

(a) for the period of 7 consecutive days beginning on 2nd October 1989, the amount of housing benefit to which the claimant or his partner was entitled in that period which relates to the hostel normally occupied as the home by him or, if he has a partner, by him and his partner;

(b) for the period of 7 consecutive days beginning on 9th October 1989 or, in a case to which paragraph 6(4)(b) applies, for the period of 7 consecutive days referred to in that paragraph, the amount of the claimant’s or his partner’s maximum housing benefit determined in accordance with regulation 61 of the Housing Benefit (General) Regulations 1987(5) (maximum housing benefit) which relates to that accommodation.

“first week” means the benefit week beginning on a day during the period of 7 days commencing on 2nd October 1989;

“hostel” means any establishment which immediately before the commencement of this Schedule was a hostel within the meaning of regulation 20(2) (applicable amounts for persons in hostels);

“income support” includes any sum payable under Part II of the Income Support (Transitional) Regulations 1987(6);

“March benefit week” means the benefit week beginning on a day during the period of 7 consecutive days beginning 20th March 1989;

“protected sum” means the amount applicable under this Schedule to a claimant who in the first week is living in a hostel or who or whose partner is temporarily absent in that week from that accommodation;

“protected total” means–

(a)

the total of the claimant’s applicable amount under regulation 20 in the first week or, in a case to which paragraph 6(4) applies, if the claimant or any partner of his is temporarily absent from his accommodation in that week, the amount which would have fallen to be calculated under that regulation for that week as if there had been no temporary absence; and

(b)

the amount of any eligible housing benefit for the period of 7 consecutive days beginning 2nd October 1989;

“relevant benefit week” means the benefit week beginning on a day during the period of 7 days commencing on 9th April 1990;

“relevant provisions” means–

(a)

regulation 17(1)(a) to (f) (applicable amounts);

(b)

regulation 18(1)(a) to (g) (polygamous marriages);

(c)

regulation 71(1)(a)(i) to (iv) (urgent cases);

(d)

regulation 71(1)(d)(i) to (iii);

(e)

in relation to a case to which paragraph 17(b)(ii) or (c)(i) of Schedule 7 (persons from abroad) applies, the regulations specified in that paragraph but as if the reference to regulation 17(1)(g) in that paragraph were omitted; or

(f)

in relation to a case to which paragraph 17(d)(i) of that Schedule applies, the regulations specified in that paragraph but as if the reference to regulation 18 were a reference to regulation 18(1)(a) to (g) only;

“second week” means the benefit week beginning on a day during the period of 7 days commencing on 9th October 1989.

(2) For the purposes of this Schedule–

(a) in determining a claimant’s applicable amount in his first week, second week or any subsequent benefit week no account shall be taken of any reduction under regulation 22 (reduction in certain cases of unemployment benefit disqualification);

(b) except in so far as it relates to any temporary absence to which paragraph 6(4) refers, where a change of circumstances takes effect in the claimant’s second week which, had it taken effect in the first week, would have resulted in a lesser applicable amount in respect of that week, his applicable amount in the first week shall be determined as if the change of circumstances had taken effect in that week.

Protected sum

2.— (1) Subject to the following provisions of this paragraph and the following paragraphs of this Schedule, where the protected total of a claimant is more than–

(a) his applicable amount in the second week determined in accordance with the relevant provisions less the amount of any increase consequent on the coming into force of regulation 5 of the Income Support (General) Amendment Regulations 1989(7); and

(b) any eligible housing benefit for the period of 7 consecutive days beginning 9th October 1989,

the protected sum applicable to the claimant shall be an amount equal to the difference.

(2) Where–

(a) in the second week a claimant’s income calculated in accordance with Part V or, as the case may be, VI exceeds the aggregate of his applicable amount determined in accordance with the relevant provisions and X; and

(b) the amount of income support to which he is entitled in the first week is more than the amount of housing benefit to which he would, but for this sub-paragraph, have been entitled in the period of 7 consecutive days beginning on 9th October 1989,

the protected sum applicable to the claimant shall be an amount equal to X+Y+10 pence.

(3) In sub-paragraph (2)–

“X” means the sum which, but for sub-paragraph (2), would be the protected sum applicable under sub-paragraph (1);

“Y” means the amount of the excess to which sub-paragraph (2)(a) refers.

(4) For the period beginning with the claimant’s relevant benefit week the protected sum applicable to the claimant shall, subject to sub-paragraph (6) and the following paragraphs of this Schedule, be–

(a) the total of–

(i) the amount of the allowance for personal expenses for the claimant or, if he is a member of a family, for him and for each member of his family in the first week determined, or which, but for any temporary absence, would have been determined, in accordance with paragraph 11 of Schedule 5 as then in force;

(ii) the amount of any increase for meals in the first week determined, or which, but for any temporary absence, would have been determined, in accordance with paragraph 2 of that Schedule; and

(iii) the amount or, if he is a member of a family, the aggregate of the amounts determined in accordance with sub-paragraph (5),

less the aggregate of his applicable amount in the second week determined, or which, but for any temporary absence, would have been determined, in accordance with the relevant provisions and, where applicable, the amount of any reduction in the protected sum made by virtue of paragraph 4 in a benefit week occurring before the relevant benefit week; or

(b) the amount of the protected sum which was applicable to him in the immediately preceding benefit week,

whichever is the lower.

(5) For the purposes of sub-paragraph (4)(a), where in the first week the accommodation charge makes or, but for any temporary absence, would have made, provision or no provision for meals, as respects each person an amount shall be determined as follows–

(a) in a case where the provision is for at least three meals a day–

(i) for the claimant, £17.20;

(ii) for a member of his family aged 16 or over, £12.50;

(iii) for a member of his family aged less than 16, £6.25;

(b) except where head (c) applies, in a case where the provision is for less than three meals a day–

(i) for the claimant, £13.85;

(ii) for a member of his family aged 16 or over, £8.30;

(iii) for a member of his family aged less than 16, £4.15;

(c) in a case where the provision is for breakfast only–

(i) for the claimant, £7.05;

(ii) for a member of his family, £1.50;

(d) in a case where there is no provision for meals, for the claimant or, if he is a member of a family, for the claimant and for the members of his family for whom there is no such provision, £5.55;

(6) Where in the relevant benefit week the claimant is in, or only temporarily absent from, residential accommodation, the protected sum applicable to the claimant for the period beginning with that week shall be–

(a) equal to the difference between–

(i) the amount of the allowance for personal expenses for the claimant or, if he is a member of a family, for him and for each member of his family in the first week determined, or which, but for any temporary absence, would have been determined, in accordance with paragraph 11 of Schedule 5 as then in force; and

(ii) the amount of the allowance for personal expenses for the claimant or, if he is a member of a family, for him and for each member of his family in the second week determined, or which, but for any temporary absence would have been determined, under paragraph 13 of Schedule 7 (persons in residential accommodation),

less, where applicable, the amount of any reduction in the protected sum made by virtue of paragraph 4 in a benefit week occurring before the relevant benefit week; or

(b) the amount of the protected sum which was applicable to him in the immediately preceding benefit week,

whichever is the lower.

Persons not entitled to a protected sum

3.— (1) Subject to paragraph 6, a protected sum shall not be applicable to a claimant where he changes or vacates his hostel during the period of 7 consecutive days beginning 9th October 1989.

(2) Except where regulation 8(2)(b) of the Housing Benefit (General) Regulations 1987 (eligible housing costs) applies, a protected sum shall not be applicable to a claimant unless he, or any partner of his, is entitled to housing benefit for the period of 7 consecutive days beginning 9th October 1989 or, where paragraph 6(4)(b) applies, for the period of 7 consecutive days referred to in that paragraph, in respect of the hostel normally occupied as the home by him, or if he has a partner, by him and his partner.

(3) A protected sum shall not be applicable to a claimant where–

(a) he has been or would, but for any temporary absence, have been in the same accommodation in both the March benefit week and the second week, and–

(i) his applicable amount in both those weeks fell or would have fallen, but for any temporary absence, to be determined under paragraph 13(1) of Schedule 7; or

(ii) his applicable amount in the second week fell or would have fallen, but for any temporary absence, to be determined under that paragraph and would also have fallen to be so determined in the March benefit week had his stay in that accommodation been other than temporary; or

(b) his applicable amount in the second week fell or would have fallen, but for any temporary absence, to be determined under that paragraph and would also 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.

Reduction of protected sum

4.— (1) Subject to sub-paragraph (2), the protected sum shall be reduced by the amount of any increase, in a benefit week subsequent to the second week, in the claimant’s applicable amount determined in accordance with the relevant provisions.

(2) Where regulation 22 (reduction in certain cases of unemployment benefit disqualification) ceases to apply to a claimant and as a result his applicable amount increases no account shall be taken of that increase.

Termination of protected sum

5.   Subject to paragraph 6, the protected sum shall cease to be applicable if–

(a) that amount is reduced to nil under paragraph 4; or

(b) the claimant changes or vacates his hostel; or

(c) the claimant ceases to be entitled to income support.

Modifications in cases of temporary absence and loss of entitlement to income support

6.— (1) Paragraph 5(b) shall not apply to a claimant if–

(a) he becomes a patient within the meaning of regulation 21(3) (special cases); or

(b) on his ceasing to be a patient within the meaning of regulation 21(3), he returns to the hostel which he occupied immediately before he became a patient; or

(c) in a case to which sub-paragraph (3) applies, on his becoming re-entitled to income support, he is in the accommodation which he occupied immediately before he ceased to be entitled to income support.

(2) Except where sub-paragraph (4) applies, where a protected sum was applicable to the claimant immediately before he or any partner of his became a patient within the meaning of regulation 21(3) for a period of 14 weeks or less, he shall, subject to sub-paragraph (1)(b), on his or, as the case may be, his partner ceasing to be a patient be entitled to a protected sum equal to–

(a) the amount by which his protected total exceeds his applicable amount determined in accordance with the relevant provisions in the first benefit week in which his applicable amount ceases to be determined under paragraph 1 of Schedule 7 and either–

(i) any eligible housing benefit for the period of 7 consecutive days beginning on 9th October 1989; or, if greater,

(ii) in a case where sub-paragraph (4)(b) applied, any eligible housing benefit for the period of 7 consecutive days referred to in that sub-paragraph; or

(b) the amount of the protected sum to which he was entitled in the immediately preceding benefit week,

whichever is the lower.

(3) Paragraph 5(c) shall not apply to a claimant who has ceased to be entitled to income support for a period of not more than 8 weeks–

(a) if immediately before he ceased to be so entitled a protected sum was applicable to him; and

(b) except where sub-paragraph (4) applies, if during that period he becomes re-entitled, or would by virtue of this sub-paragraph be re-entitled, to income support he shall, subject to sub-paragraph (1)(c), be entitled to a protected sum equal to–

(i) the amount by which his protected total exceeds his applicable amount determined in accordance with the relevant provisions in the first benefit week in which he becomes so re-entitled and either any eligible housing benefit for the period of 7 consecutive days beginning 9th October 1989 or, if greater, in a case to which sub-paragraph (4)(b) applied, any eligible housing benefit for the period of 7 consecutive days referred to in that sub-paragraph; or

(ii) the amount of the protected sum to which he was previously entitled,

whichever is the lower.

(4) Where a claimant or any partner of his is temporarily absent from his accommodation for a period not exceeding 14 weeks which includes the first or second week (or both)–

(a) in a case where a protected sum was applicable to the claimant immediately before his or, as the case may be, his partner’s return to that accommodation and the full charge was made for the accommodation during the temporary absence, on the claimant’s or, as the case may be, his partner’s return to that accommodation, the claimant shall be entitled to a protected sum equal to–

(i) the amount by which his protected total exceeds his applicable amount determined in accordance with the relevant provisions in the first complete benefit week after his, or as the case may be, his partner’s return to that accommodation and any eligible housing benefit for the period of 7 consecutive days beginning 9th October 1989; or

(ii) the amount of the protected sum which was applicable to him in the immediately preceding benefit week,

whichever is the lower.

(b) in a case where–

(i) a protected sum has not at any time been applicable to the claimant; or

(ii) immediately before the claimant’s or, as the case may be, his partner’s return to that accommodation a protected sum was applicable to the claimant but a reduced charge was made for the accommodation during the temporary absence,

the claimant on his or, as the case may be, his partner’s return to that accommodation shall, subject to sub-paragraph (5), be entitled to a protected sum equal to the amount by which his protected total exceeds his applicable amount determined in accordance with the relevant provisions in the first complete benefit week after his or, as the case may be, his partner’s return to that accommodation and the amount of eligible housing benefit for the period of 7 consecutive days beginning on the date determined in accordance with regulation 65 or, as the case may be, 68(2) of the Housing Benefit (General) Regulations 1987 (date on which entitlement is to commence or change of circumstances is to take effect) following that person’s return to that accommodation.

(5) Where, in a case to which sub-paragraph (4)(b)(i) applies–

(a) in the first complete benefit week after the claimant’s or, as the case may be, his partner’s return to his accommodation the claimant’s income calculated in accordance with Part V or, as the case may be, VI exceeds the aggregate of his applicable amount determined in accordance with the relevant provisions and X; and

(b) the amount of income support to which he was entitled in the first week is more than the amount of housing benefit to which he would, but for this sub-paragraph, have been entitled in the period of 7 consecutive days beginning on the date determined in accordance with regulation 65 or, as the case may be, 68(2) of the Housing Benefit (General) Regulations 1987 following his or, as the case may be, his partner’s return to that accommodation,

the protected sum applicable to the claimant shall be an amount equal to X+Y+10 pence.

(6) In sub-paragraph (5)–

“X” means the sum which, but for sub-paragraph (5), would be the protected sum applicable in a case to which sub-paragraph (4)(b)(i) applies;

“Y” means the amount of the excess to which sub-paragraph (5)(a) refers.

(7) The foregoing provisions of this paragraph shall not apply to a claimant if he or, if he has a partner, he or his partner, in the first week is temporarily living in a hostel and that accommodation is not the accommodation normally occupied as the home.”.

(1)

Regulation 16(3)(c) and 5(b) is amended by regulation 3 of these Regulations.

(2)

Sub-paragraph (1)(a) of paragraph 11 is amended by regulation 6(b)(i) of these Regulations.

(3)

Paragraphs 10A and 10B are amended by regulation 9 of these Regulations.

(4)

Paragraph 16(a) is amended by regulation 9 of these Regulations.

(5)

S.I. 1987/1971.

(6)

S.I. 1987/1969.

(7)

S.I. 1989/534.