The Income Support (Transitional) Amendment Regulations 1991

Statutory Instruments

1991 No. 1600

SOCIAL SECURITY

The Income Support (Transitional) Amendment Regulations 1991

Made

10th July 1991

Laid before Parliament

12th 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 1986(1) 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 it(2), hereby makes the following Regulations:

Citation, commencement and interpretation

1.  –

(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 1987(3) (date on which income is treated as paid).

(2) In these Regulations “the principal Regulations” means the Income Support (Transitional) Regulations 1987(4).

Amendment of regulation 14 of the principal Regulations

2.  –

(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 1991(5).”.

(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 1991(6) 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 Regulations

3.  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 Widdecombe

Parliamentary Under-Secretary of State,

Department of Social Security

10th July 1991

Explanatory Note

(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.

(1)

1986 c. 50; subsection (1A) was inserted in section 89 by paragraph 10(2) of Schedule 8 to the Social Security Act 1989 (c. 24) and section 84(1) is cited because of the meaning assigned to the word “regulations”.

(2)

See section 61(1)(b) and (10) of the Social Security Act 1986. The Social Security Act 1989 (c. 24), Schedule 8, added a definition of “regulations” to section 61(10) of the Act of 1986.

(3)

S.I. 1987/1967; relevant amending instruments S.I. 1988/663 and 1445.

(4)

S.I. 1987/1969; relevant amending instruments S.I. 1988/521, 670, 1989/1626, 2340 and 1990/2324.

(5)

S.I. 1991/1595.

(6)

S.I. 1991/1559.