The Income-related Benefits Schemes and Social Security (Claims and Payments) (Miscellaneous Amendments) Regulations 1995

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Income-related Benefits Schemes and Social Security (Claims and Payments) (Miscellaneous Amendments) Regulations 1995 and shall come into force—

(a) for the purposes of this regulation and regulations 2 and 5 to 10, on 2nd October 1995; and

(b) for the purposes of regulations 3 and 4 on 3rd October 1995.

(2) In the case of a person who was entitled to council tax benefit or housing benefit in respect of 1st October 1995, regulations 2(5)(b) and (8) or 5(6)(b) and (9), as the case may be, shall have effect—

(a) on the day immediately following the day on which the person’s benefit period, which includes 1st October 1995, ends; and

(b) on any day thereafter.

(3) Regulations 3 and 4 shall have effect in relation to any particular claimant—

(a) except where sub-paragraph (b) applies on 3rd October 1995;

(b) where a claimant has an award of disability working allowance or family credit which is current on 2nd October 1995, on the day following the expiration of that award.

(4) Subject to paragraph (5), regulations 6 and 8 of these Regulations shall have effect in relation to any particular claimant at the beginning of the first benefit week to commence for that claimant on or after 2nd October 1995 which applies in his case.

(5) Regulation 6(4)(b) shall have effect—

(a) in the case of a claimant who was in receipt of income support on 1st October 1995 and in respect of whom no further claim for income support has been made, on—

(i) the date when the claimant’s circumstances are first reviewed by an adjudication officer in consequence of an application for a review by the Secretary of State made under section 26 of the Social Security Administration Act 1992, following the receipt of information provided by the claimant in response to an enquiry by the Secretary of State as to his current circumstances; or

(ii) 1st October 1998 if this is sooner; or

(b) in any other case, on the date of any claim for income support.

(6) For the purposes of this regulation—

“adjudication officer” means an adjudication officer appointed under section 38 of the Social Security Administration Act 1992;

“benefit week” has the same meaning as in the Income Support Regulations;

“claimant” means a claimant for disability working allowance, family credit or, as the case may be, for income support.

(7) In these Regulations—

“the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations 1987(1);

“the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 1992(2);

“the Disability Working Allowance Regulations” means the Disability Working Allowance (General) Regulations 1991(3)

“the Family Credit Regulations” means the Family Credit (General) Regulations 1987(4)

“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987(5)

“the Income Support Regulations” means the Income Support (General) Regulations 1987(6)

(1)

S.I. 1987/1968.

(2)

S.I. 1992/1814.

(3)

S.I. 1991/2887.

(4)

S.I. 1987/1973.

(5)

S.I. 1987/1971.

(6)

S.I. 1987/1967.