The Income Support (Transitional) Amendment Regulations 1991

Made10th July 1991

Laid before Parliament12th July 1991

Coming into force

for the purposes of regulations 1, 2(1) and (3)

for all other purposes in accordance with regulation 1(1)(b)1st October 1991

The Secretary of State for Social Security in exercise of powers conferred by sections 84(1) and 89(1A) of the Social Security Act 19861 and of all other powers enabling him in that behalf after agreement by the Social Security Advisory Committee that the proposals to make these Regulations should not be referred to it2, hereby makes the following Regulations:

Citation, commencement and interpretation1

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1

These Regulations may be cited as the Income Support (Transitional) Amendment Regulations 1991 and shall come into force as follows–

a

for the purposes of regulations 1 and 2(1) and (3), on 1st October 1991,

b

for the purposes of regulations 2(2) and 3, on the date on which the increase of child benefit to which those regulations refer is treated as paid in accordance with regulation 31 of the Income Support (General) Regulations 19873 (date on which income is treated as paid).

2

In these Regulations “the principal Regulations” means the Income Support (Transitional) Regulations 19874.

Amendment of regulation 14 of the principal Regulations2

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1

Regulation 14 of the principal Regulations (reduction and termination of transitional and personal expenses addition) shall be amended in accordance with paragraphs (2) and (3).

2

After paragraph (1C) the following new paragraph shall be inserted–

1CA
Notwithstanding paragraph (1)(b), (c) or (e) the amount of a claimant’s transitional addition shall not be reduced if, and to the extent that, the increase in his income or, as the case may be, the reason his income exceeds his applicable amount is attributable to the amendments made by regulation 2 of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Amendment No. 2 Regulations 19915.

3

After paragraph (1D) the following new paragraph shall be inserted–

1DA
Notwithstanding paragraph (1)(a) or (d), the amount of a claimant’s transitional addition shall not be reduced if, and to the extent that, the increase in his applicable amount is attributable to the amendments made by regulation 15(a), (b) or (c) of the Income Support (General) Amendment No.4 Regulations 19916 and that increase in his applicable amount takes effect in his benefit week beginning on a day during the period of 7 days commencing on 1st October 1991.

Amendment of regulation 15 of the principal Regulations3

In regulation 15 of the principal Regulations (special transitional addition) in paragraph (2) the following words shall be added at the end–

or to the receipt of an increase in the weekly rate of child benefit which is attributable to the amendments made by regulation 2 of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Amendment No.2 Regulations 1991.

Signed by authority of the Secretary of State for Social Security.

Ann WiddecombeParliamentary Under-Secretary of State,Department of Social Security10th July 1991

(This note is not part of the Regulations)

These Regulations further amend the Income Support (Transitional) Regulations 1987 to provide that a person’s transitional addition or special transitional addition in respect of income support shall not be reduced where there has been an increase in his income attributable to the receipt of an increase of child benefit having effect from the week beginning 7th October 1991, or an increase in his applicable amount in consequence of the child benefit increase.