4 Amendment of regulation 42 of the Income Support Regulations
1 Regulation 42 of the Income Support Regulations (notional income) shall be amended in accordance with the following provisions of this regulation.
Relevant amending instruments are S.I.1988/1445, 1989/534, 1990/127, 1991/1175 and 1559, 1992/1101, 1993/315, 963 and 1249.
2 In paragraph (4)(a)(ii)—
(a) after the words “housing benefit is payable,” there shall be inserted the word “or”;
(b) the words from “or accommodation charge” to “nursing homes)” shall be omitted.
3 After paragraph (4) there shall be inserted the following paragraph—

“4A Where the claimant lives in a residential care home or a nursing home, or is temporarily absent from such a home, any payment made by a person other than the claimant or a member of his family in respect of some or all of the cost of maintaining the claimant or a member of his family in that home shall be treated as possessed by the claimant or by that member of his family.”

4 In paragraph (8) for sub-paragraph (b) there shall be substituted the following sub-paragraph—

“(b) where the weekly amount of those earnings equals or exceeds the lower earnings limit, an amount representing primary Class 1 contributions under the Contributions and Benefits Act, calculated by applying to those earnings the initial and main primary percentages in accordance with section 8(1) (a) and (b) of that Act; and”

.