The Social Security (Miscellaneous Amendments) Regulations 1998

Common amendments: Disregard of income other than earnings

7.—(1) In each of the paragraphs of the Schedules to the Regulations specified in paragraph (2) below (sums to be disregarded in the calculation of income other than earnings) the following head shall be added bearing the specified letter—

• “which is a payment made by an authority, as defined in Article 2 of the Children Order, in pursuance of Article 15 of, and paragraph 17 of Schedule 1 to, that Order (contribution by an authority to child’s maintenance);”.

(2) The paragraphs of the Schedules specified in this paragraph and the specified head in those paragraphs are—

(a) head (c) of paragraph 24(1) of Schedule 4 to the Council Tax Benefit Regulations;

(b) head (c) of paragraph 22(1) of Schedule 3 to the Disability Working Allowance Regulations;

(c) head (c) of paragraph 22(1) of Schedule 2 to the Family Credit Regulations(1);

(d) head (c) of paragraph 23(1) of Schedule 4 to the Housing Benefit Regulations(2); and

(e) head (d) of paragraph 26(1) of Schedule 7 to the Jobseeker’s Allowance Regulations.

(3) For each of the paragraphs of the Schedules to the Regulations specified in paragraph (4) below (sums to be disregarded in the calculation of income other than earnings), there shall be substituted the following paragraph—

• “Any payment made to the claimant or his partner for a person (“the person concerned”), who is not normally a member of the claimant’s household but is temporarily in his care, by—

  (a)

  a health authority;

  (b)

  a local authority;

  (c)

  a voluntary organisation; or

  (d)

  the person concerned pursuant to section 26(3A) of the National Assistance Act 1948(3).”.

(4) The paragraphs of the Schedules to the Regulations specified in this paragraph are—

(a) paragraph 26 of Schedule 4 to the Council Tax Benefit Regulations;

(b) paragraph 24 of Schedule 3 to the Disability Working Allowance Regulations;

(c) paragraph 24 of Schedule 2 to the Family Credit Regulations;

(d) paragraph 25 of Schedule 4 to the Housing Benefit Regulations;

(e) paragraph 27 of Schedule 9 to the Income Support Regulations; and

(f) paragraph 28 of Schedule 7 to the Jobseeker’s Allowance Regulations.

(5) In each of the paragraphs in the Schedules to the Regulations specified in paragraph (6) below for the words “paragraphs 13” there shall be substituted the words “paragraphs 13(1)”.

(6) The paragraphs in the Schedules to the Regulations specified in this paragraph are—

(a) paragraph 34 of Schedule 4 to the Council Tax Benefit Regulations; and

(b) paragraph 33 of Schedule 4 to the Housing Benefit Regulations.

(1)

Paragraph 22(1)(b) was substituted by S.I.1992/573.

(2)

Paragraph 23(1)(b) was substituted by S.I.1992/432.

(3)

1948 c. 29; section 26(3A) was inserted by section 42(4) of the National Health Service and Community Care Act 1990 (c. 19).