http://www.legislation.gov.uk/id/uksi/1994/527

http://www.legislation.gov.uk/uksi/1994/527/regulation/4/made

The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1994

Income support

Benefits

Care

Children in care

King's Printer of Acts of Parliament

2016-01-11

SOCIAL SECURITY

These Regulations make further amendments to the Income Support (General) Regulations 1987 (S. I.1987/1967), the Family Credit (General) Regulations 1987 (S. I.1987/1973) and the Disability Working Allowance (General) Regulations (S. I.1991/2887) in the following respects—they further define the amount to be disregarded in the calculation of a student’s income (regulations 5, 21 and 27);in the calculation of income other than earnings, they provide a disregard in certain circumstances where an increase of a specified benefit is payable in respect of a dependant, and they further define the amount to be disregarded in respect of payments made to a claimant where other persons occupy the claimant’s home (regulations 9(3) to (5), 22 and 28);in the calculation of earnings, they further specify the amount to be deducted for national insurance contributions in certain circumstances (regulations 4(4), 16, 18, 20, 23, 24 and 26);they further amend the provisions specifying the circumstances in which people in residential care homes and nursing homes have preserved rights (regulation 2);they make minor amendments with respect to the calculation of the income and capital of a child (regulations 3 and 6);they specify the circumstances in which people in residential care homes and nursing homes will be treated as having notional income (regulation 4(2) and (3));they amend the provision specifying that a person who is incapable of work does not have to be available for work (regulation 7);in the calculation of housing costs, they alter the rate of deductions in respect of mortgage interest tax relief, they amend the provisions specifying the circumstances in which mortgage interest can be met where the claimant’s former partner has left the home, and they remove the rule which allowed the amount of housing costs in the applicable amount to remain constant notwithstanding a reduction in interest rates (regulation 8);in the calculation of income other than earnings, they make a minor amendment to the disregard of charitable or voluntary payments (regulation 9(2));they further amend the provisions specifying the amount to be deducted in respect of any premium paid towards a personal pension scheme in the calculation of earnings of self-employed earners (regulations 19 and 25);they provide specific rules for the calculation of earnings of company directors, and define “director” (regulations 10, 11(a), 12, 14, 15 and 17);they amend the provision specifying the earnings to be taken into account in the calculation of earnings of employed earners (regulation 11(b));they amend the provisions specifying the period over which a self-employed earner’s earnings should be calculated (regulation 13).

Amendment of regulation 42 of the Income Support Regulations4

1

Regulation 42 of the Income Support Regulations (notional income)9 shall be amended in accordance with the following provisions of this regulation.

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