PART III AMENDMENT OF INCOME-RELATED BENEFITS AND JOBSEEKER’S ALLOWANCE REGULATIONS

Amendment of the Income Support (General) Regulations 1987

13.—(1) The Income Support (General) Regulations 1987 M1 shall be amended in accordance with the following paragraphs.

(2) In regulation 2 (interpretation) the following definition shall be inserted in the appropriate place–

““welfare to work beneficiary" means a person–

(a)

to whom regulation 13A(1) of the Social Security (Incapacity for Work) (General) Regulations 1995 applies; and

(b)

who again becomes incapable of work for the purposes of Part XIIA of the Contributions and Benefits Act 1992 M2 ;”.

(3) In Schedule 2 (applicable amounts)–

(a) in paragraph 10 (higher pensioner premium) the following sub-paragraph shall be added–

“(4) In the case of a claimant who is a welfare to work beneficiary, references in sub-paragraphs (1)(b)(ii), (2)(b)(ii) and (3)(b) to a period of 8 weeks shall be treated as references to a period of 52 weeks.”;

(b) in paragraph 12 (additional condition for higher pensioner and disability premiums) after sub-paragraph (1) there shall be inserted the following sub-paragraph–

“(1A) In the case of a claimant who is a welfare to work beneficiary, the reference in sub-paragraph (1)(b) to a period of 56 days shall be treated as a reference to a period of 52 weeks.”.

(4) In Schedule 3 (housing costs)–

(a) in paragraph 7 (transitional protection) the following sub-paragraph shall be added–

“(10) In the case of a person who is a welfare to work beneficiary, the references in sub-paragraphs (5)(c) and (7) to a period of 12 weeks shall be treated as references to a period of 52 weeks.”;

(b) in paragraph 14 (linking rule) the following sub-paragraph shall be added–

“(10) In the case of a person who is a welfare to work beneficiary, the references in sub-paragraphs (1)(a)(ii), (1)(d) and (1)(f)(iii) to a period of 12 weeks shall be treated as references to a period of 52 weeks.”.

Marginal Citations

M1 S.I. 1987/1967; relevant amending instruments are S.I. 1988/663, 1992/468, 1993/315, 1995/482, 2303 and 2927 and 1996/1944.

M2 Part XIIA was inserted by sections 5 and 6 of the Social Security (Incapacity for Work) Act 1994 (c. 18).