The Income-related Benefits Schemes and Social Fund (Miscellaneous Amendments) Regulations 1996

Regulation 13

SCHEDULE Amendments consequential on the introduction of the Earnings Top-up Scheme.

Definitions

1.—(1) Regulation 2(1) of the Regulations specified in sub-paragraph (2) (interpretation) shall each be amended by inserting the following definitions in the appropriate positions—

““earnings top-up” means the allowance paid by the Secretary of State under the Earnings Top-up Scheme;”;

““the Earnings Top-up Scheme” means the Earnings Top-up Scheme 1996(1);”.

(2) The Regulations are—

(a) the Council Tax Benefit Regulations;

(b) the Disability Working Allowance Regulations;

(c) the Family Credit Regulations;

(d) the Housing Benefit Regulations;

(e) the Income Support Regulations.

Benefit under the benefit Acts

2.—(1) In regulation 2 of the Council Tax Benefit Regulations (interpretation) the following paragraphs shall be inserted—

“(4A) For the purposes of these Regulations references to “benefit under the benefit Acts” or“benefit payable under the benefit Acts” shall be construed as including a reference to earnings top-up.”.

(2) In regulation 2 of the Housing Benefit Regulations (interpretation) the following paragraph shall be inserted—

“(4A) For the purposes of these Regulations references to “benefit under the benefit Acts” or“benefit payable under the benefit Acts” shall be construed as including a reference to earnings top-up.”.

(3) In regulation 2 of the Income Support Regulations (interpretation) the following paragraph shall be added—

“(4) For the purposes of these Regulations references to “benefit under the benefit Acts” shall be construed as including a reference to earnings top-up.”.

Notional income

3.  In regulation 42(2) of the Income Support Regulations (notional income) after sub-paragraph (g)(2) the following sub-paragraph shall be added—

“(h) earnings top-up,”.

Diminishing notional capital

4.—(1) Regulation 35 of the Council Tax Benefits Regulations and regulation 43A of the Housing Benefit Regulations (diminishing notional capital rule)(3) shall be amended in accordance with the following sub-paragraphs.

(2) In paragraph (3) of regulation 35 after sub-paragraph (e) the word “and” shall be omitted and after sub-paragraph (f)(4) the word “and” and the following sub-paragraph shall be added—

“(g) where the claimant has also applied for earnings top-up, the amount of any earnings top-up or any additional amount of earnings top-up to which he would have been entitled in respect of the whole or part of the benefit week to which paragraph (2) refers but for the application of rule 40(1) of the Earnings Top-up Scheme (notional capital).”.

(3) In paragraph (3) of regulation 43A after sub-paragraph (e) the word “and” shall be omitted and after sub-paragraph (f)(5) the word “and” and the following sub-paragraph shall be added—

“(g) where the claimant has also applied for earnings top-up, the amount of any earnings top-up or any additional amount of earnings top-up to which he would have been entitled in respect of the benefit week to which paragraph (2) refers but for the application of rule 40(1) of the Earnings Top-up Scheme (notional capital).”.

(4) In paragraph (4) of each regulation after sub-paragraph (e) the word “and” shall be omitted and after sub-paragraph (f)(6) the word “and” and the following sub-paragraph shall be added—

“(g) if the claimant would, but for rule 40(1) of the Earnings Top-up Scheme, have been entitled to earnings top-up or to an additional amount of earnings top-up in respect of the earnings top-up week which includes the last day of the relevant week, the amount which is equal to—

(i) in a case where no earnings top-up is payable, the amount to which he would have been entitled, or

(ii) in any other case, the additional amount of earnings top-up to which he would have been entitled.”.

Disregard of income other than earnings

5.—(1) In each of the Schedules to the Regulations specified in sub-paragraph (2) (sums to be disregarded in the calculation of income other than earnings), the following new paragraph shall be added bearing the specified number—

“Any payment made by the Secretary of State under the Earnings Top-up Scheme.”.

(2) The Schedules are—

(a) Schedule 3 paragraph 54 to the Disability Working Allowance Regulations;

(b) Schedule 2 paragraph 56 to the Family Credit Regulations.

Further disregards of income other than earnings

6.—(1) In each of the Schedules to the Regulations specified in sub-paragraph (2) (sums to be disregarded in the calculation of income other than earnings), at the end the following new paragraph shall be added bearing the specified number—

“Where the claimant is entitled to the additional allowance under rule 54(4) of the Earnings Top-up Scheme (which applies in respect of a person who works for not less than 30 hours a week), any amount of earnings top-up to the amount specified in Column (2) against paragraph 3 of Schedule 2 to that Scheme.”.

(2) The Schedules are—

(a) Schedule 4 paragraph 59 to the Council Tax Benefit Regulations;

(b) Schedule 4 paragraph 60 to the Housing Benefit Regulations.

Disregard of capital

7.—(1) In each paragraph which is specified in the Schedules referred to in paragraph (2) (capital to be disregarded), the following sub-paragraph shall be inserted bearing the specified letter—

“any earnings top-up,”.

(2) The Schedules are—

(a) Schedule 5 paragraph 8(e) to the Council Tax Benefit Regulations;

(b) Schedule 4 paragraph 8(c) to the Disability Working Allowance Regulations;

(c) Schedule 3 paragraph 8(c) to the Family Credit Regulations;

(d) Schedule 5 paragraph 8(d) to the Housing Benefit Regulations;

(e) Schedule 10 paragraph 7(c) to the Income Support Regulations.

(1)

This Scheme, which applies only in certain areas of Great Britain, is an extra-statutory Scheme introduced by the Secretary of State for Social Security having effect on 8th October 1996. Copies of the Rules of the Scheme may be obtained from the Customer Services Manager, Earnings Top-up, Norcross, Blackpool FY5 3TA and will be available for inspection at the Department of Social Security, 9th Floor Adelphi, 1—11 John Adam Street, London WC2N 6HT and offices of the Benefits Agency and Employment Job Centres which serve the areas specified in Schedule 1 to the Scheme.

(2)

Sub-paragraph (g) was inserted in regulation 42(2) by S.I. 1995/2303.

(3)

Regulation 43A was inserted in the Housing Benefit Regulations by S.I. 1990/1775; relevant amending instruments S.I. 1991/235, 1599, 1992/2148, 1993/317 and 1996/1510.

(4)

Sub-paragraph (f) was inserted in regulation 35(3) of the Council Tax Benefit Regulations by S.I. 1996/1510 regulation 32(2).

(5)

Sub-paragraph (f) was inserted in regulation 43A(3) of the Housing Benefit Regulations by S.I. 1996/1510 regulation 8(2).

(6)

Sub-paragraph (f) was inserted in regulation 35(4) of the Council Tax Benefit Regulations by S.I. 1996/1510 regulation 32(3) and in regulation 43A(3) of the Housing Benefit Regulations by S.I. 1996/1510 regulation 8(3).