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

http://www.legislation.gov.uk/uksi/1994/527/regulation/9/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 Schedule 9 to the Income Support Regulations9

1

Schedule 9 to the Income Support Regulations (sums to be disregarded in the calculation of income other than earnings) shall be amended in accordance with the following provisions of this regulation.

2

In paragraph 15(2)18 the words “or by a local authority under Part III of the National Assistance Act 1948” shall be omitted.

3

For paragraph 1919 there shall be substituted the following paragraph—

19
Where the claimant occupies a dwelling as his home and the dwelling is also occupied by a person other than one to whom paragraph 18 or 20 refers, and there is a contractual liability to make payments to the claimant in respect of the occupation of the dwelling by that person or a member of his family—
a
£4 of the aggregate of any payments made in respect of any one week in respect of the occupation of the dwelling by that person or a member of his family, or by that person and a member of his family; and
b
a further £8.60, where the aggregate of any such payments is inclusive of an amount for heating.

4

For paragraph 2020 there shall be substituted the following paragraph—

20
Where the claimant occupies a dwelling as his home and he provides in that dwelling board and lodging accommodation, an amount, in respect of each person for whom such accommodation is provided for the whole or any part of a week, equal to—
a
where the aggregate of any payments made in respect of any one week in respect of such accommodation provided to such person does not exceed £20.00, 100% of such payments; or
b
where the aggregate of any such payments exceeds £20.00, £20.00 and 50% of the excess over £20.00.

5

At the end of the Schedule there shall be added the following paragraph—

53
Where the claimant is in receipt of any benefit under Parts II, III or V of the Contributions and Benefits Act, any increase in the rate of that benefit arising under Part IV (increases for dependants) or section 106(a) (unemployabiity supplement) of that Act where the dependant in respect of whom the increase is paid is not a member of the claimant’s family.