1993 No. 963
SOCIAL SECURITY
HOUSING, ENGLAND AND WALES
HOUSING, SCOTLAND

The Social Security Benefits (Miscellaneous Amendments) (No. 2) Regulations 1993

Made
Laid before Parliament
Coming into force
The Secretary of State for Social Security, in exercise of the powers conferred upon him by sections 123(1), 130(4), 131(10), 135(1), 136(3) and (5), 137(1) and 175(1) to (5) of the Social Security Contributions and Benefits Act 19921, sections 5(1)(h), 6(1)(h), 189(1) and (3) to (5) and 191 of the Social Security Administration Act 19922, and of all other powers enabling him in that behalf, so far as these Regulations relate to housing benefit and council tax benefit, after consultation with organisations appearing to him to be representative of the authorities concerned3, and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it4, hereby makes the following Regulations:

Citation and commencement1.

These Regulations may be cited as the Social Security Benefits (Miscellaneous Amendments) (No. 2) Regulations 1993 and shall come into force on 22nd April 1993.

Amendment of the Income Support (General) Regulations 19872.

(1)

The Income Support (General) Regulations 19875 shall be further amended in accordance with the following provisions of this regulation.

(2)

In regulation 2 (interpretation) in paragraph (1), there shall be inserted at the appropriate places

““the Independent Living Funds” means the Independent Living Fund, the Independent Living (Extension) Fund and the Independent Living (1933) Fund;

“the Independent Living (Extension) Fund” means the Trust of that name established by a deed dated 25th February 1993 and made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Fletcher Shepherd of the other part;

“the Independent Living (1993) Fund” means the Trust of that name established by a deed dated 25th February 1993 and made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Shepherd of the other part;”.

(3)

In each of the provisions to which paragraph (4) below refers, the words “the Independent Living Funds” shall be substituted for the words “the Independent Living Fund”.

(4)

Those provisions are regulations 42(4) (notional income), 48(10)(c) (income treated as capital), 51(3) (notional capital) and 72(1)(a) (assessment of income and capital in urgent cases), Schedule 3, paragraph 11(8)(b) (non-dependant deductions), Schedule 9, paragraphs 21(2) and 39(1) (sums to be disregarded in the calculation of income other than earnings) and Schedule 10, paragraph 22(1) (capital to be disregarded).

(5)

In Schedule 10 (capital to be disregarded), in paragraph 29, for the words “or the Fund” there shall be substituted the words “the Fund or the Independent Living (1993) Fund.”.

Amendment of the Family Credit (General) Regulations 19873.

(1)

The Family Credit (General) Regulations 19876 shall be further amended in accordance with the following provisions of this regulation.

(2)

In regulation 2 (interpretation) in paragraph (1), there shall be inserted at the appropriate places

““the Independent Living Funds” means the Independent Living Fund, the Independent Living (Extension) Fund and the Independent Living (1993) Fund;

“the Independent Living (Extension) Fund” means the Trust of that name established by a deed dated 25th February 1993 and made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Fletcher Shepherd of the other part;

“the Independent Living (1993) Fund” means the Trust of that name established by a deed dated 25th February 1993 and made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Fletcher Shepherd of the other part;”

(3)

In each of the provisions to which paragraph (4) below refers, the words “the Independent Living Funds” shall be substituted for the words “the Independent Living Fund”.

(4)

Those provisions are regulations 26(3) (notional income), 31(3) income treated as capital) and 34(3) (notional capital), Schedule 2, paragraph 34(1) (sums to be disregarded in the calculation of income other than earnings) and Schedule 3, paragraph 23(1) (capital to be disregarded).

(5)

In Schedule 3 (capital to be disregarded), in paragraph 31, for the words “or the Fund.” there shall be substituted the words “the Fund or the Independent Living (1993) Fund.”.

Amendment of the Housing Benefit (General) Regulations 19874.

(1)

The Housing Benefit (General) Regulations 19877 shall be further amended in accordance with the following provisions of this regulation.

(2)

In regulation 2 (interpretation) in paragraph (1) there shall be inserted at the appropriate places

““the Independent Living Funds” means the Independent Living Fund, the Independent Living (Extension) Fund and the Independent Living (1993) Fund;

“the Independent Living (Extension) Fund” means the Trust of that name established by a deed dated 25th February 1993 and made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Fletcher Shepherd of the other part;

“the Independent Living (1993) Fund” means the Trust of that name established by a deed dated 25th February 1993 and made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Fletcher Shepherd of the other part;”.

(3)

In each of the provisions to which paragraph (4) below refers, the words “the Independent Living Funds” shall be substituted for the words “the Independent Living Fund”.

(4)

Those provisions are regulations 35(3) (notional income), 40(6) (income treated as capital), 43(3) (notional capital), 63(9)(b) (non-dependant deductions) and 73(3)(b) and (c) (evidence and information), Schedule 4, paragraph 34(1) (sums to be disregarded in the calculation of income other than earnings) and Schedule 5, paragraph 23(1) (capital to be disregarded).

(5)

In Schedule 5 (capital to be disregarded), in paragraph 32, for the words “or the Fund” there shall be substituted the words “the Fund or the Independent Living (1993) Fund.”.

Amendment of the Council Tax Benefit (General) Regulations 19925.

(1)

The Council Tax Benefit (General) Regulations 19928 shall be amended in accordance with the following provisions of this regulation.

(2)

In regulation 2 (interpretation) in paragraph (1), there shall be inserted at the appropriate places

““the Independent Living Funds” means the Independent Living Fund, the Independent Living (Extension) Fund and the Independent Living (1993) Fund;

“the Independent Living (Extension) Fund” means the Trust of that name established by a deed dated 25th February 1993 and made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Fletcher Shepherd of the other part;

“the Independent Living (1993) Fund” means the Trust of that name established by a deed dated 25th February 1993 and made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Fletcher Shepherd of the other part;”.

(3)

In each of the provisions to which paragraph (4) below refers, the words “the Independent Living Funds” shall be substituted for the words “the Independent Living Fund”.

(4)

Those provisions are regulations 26(3) (notional income), 31(6) (income treated as capital), 34(3) (notional capital), 52(9)(b) (non-dependant deductions) and 63(3)(b) and (c) (evidence and information), Schedule 2, paragraph 2(b) (income disregarded in calculating alternative maximum council tax benefit), Schedule 4, paragraph 35(1) (sums to be disregarded in the calculation of income other than earnings) and Schedule 5, paragraph 23(1) (capital to be disregarded).

(5)

In Schedule 5, paragraph 32 (capital to be disregarded) for the words “or the Fund” there shall be substituted the words “the Fund or the Independent Living (1993) Fund.”.

Amendment of the Disability Working Allowance (General) Regulations 19916.

(1)

The Disability Working Allowance (General) Regulations 19919 shall be amended in accordance with the following provisions of this regulation.

(2)

In regulation 2 (interpretation) in paragraph (1), there shall be inserted at the appropriate places—

““the Independent Living Funds” means the Independent Living Fund, the Independent Living (Extension) Fund and the Independent Living (1993) Fund;

“the Independent Living (Extension) Fund” means the Trust of that name established by a deed dated 25th February 1993 and made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Fletcher Shepherd of the other part;

“the Independent Living (1993) Fund” means the Trust of that name established by a deed dated 25th February 1993 and made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Fletcher Shepherd of the other part;”.

(3)

In each of the provisions to which paragraph (4) below refers, the words “the Independent Living Funds” shall be substituted for the words “the Independent Living Fund”.

(4)

Those provisions are regulations 29(3) (notional income), 34(3) (income treated as capital) and 37(3) (notional capital), Schedule 3, paragraph 33(1) (sums to be disregarded in the calculation of income other than earnings) and Schedule 4, paragraph 23(1) (capital to be disregarded).

(5)

In Schedule 4 (capital to be disregarded), in paragraph 31, for the words “or the Fund” there shall be substituted the words “the Fund or the Independent Living (1993) Fund.”.

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

Ann Widdecombe
Parliamentary Under-Secretary of State,
Department of Social Security
(This note is not part of the Regulations)

These Regulations further amend the Income Support (General) Regulations 1987, the Housing Benefit (General) Regulations 1987, the Council Tax Benefit (General) Regulations 1992, the Family Credit (General) Regulations 1987 and the Disability Working Allowance (General) Regulations 1991.

On 25th February 1993, two new Trusts, the Independent Living (Extension) Fund and the Independent Living (1993) Fund were established.

These Regulations provide that payments from those Funds are to be disregarded in determining the entitlement of a person to income support, housing benefit, council tax benefit, family credit or disability working allowance.