35. After Schedule 3 there shall be inserted the following Schedule—
Regulation 7(1)(a)
Date on which change of circumstances takes effect in certain cases where a claimant is in receipt of income support or jobseeker’s allowance.
1. Subject to paragraphs 2 to 6, where the amount of income support payable under an award is changed by a superseding decision made on the ground of a change of circumstances, that superseding decision shall take effect—
(a)where income support is paid in arrears, from the first day of the benefit week in which the relevant change of circumstances occurs or is expected to occur; or
(b)where income support is paid in advance, from the date of the relevant change of circumstances, or the day on which the relevant change of circumstances is expected to occur, if either of those days is the first day of the benefit week and otherwise from the next following such day,
and for the purposes of this paragraph any period of residence in temporary accommodation under arrangements for training made under section 2 of the Employment and Training Act 1973 M1 or section 2 of the Enterprise and New Towns (Scotland) Act 1990 M2 for a period which is expected to last for seven days or less shall not be regarded as a change of circumstances.
2. In the cases set out in paragraph 3, the superseding decision shall take effect from the day on which the relevant change of circumstances occurs or is expected to occur.
3. The cases referred to in paragraph 2 are where—
(a)income support is paid in arrears and entitlement ends, or is expected to end, for a reason other than that the claimant no longer satisfies the provisions of section 124(1)(b) of the Contributions and Benefits Act M3;
(b)a child or young person referred to in regulation 16(6) of the Income Support Regulations M4 (child in care of local authority or detained in custody) lives, or is expected to live, with the claimant for part only of the benefit week;
(c)a claimant or his partner (as defined in regulation 2(1) of the Income Support Regulations) enters, or is expected to enter, a nursing home or a residential care home (as defined in regulation 19(3) of those Regulations) or residential accommodation (as defined in regulation 21(3)(a) to (d) of those Regulations) for a period of not more than 8 weeks;
(d)a person referred to in paragraph 1, 2, 3 or 18 of Schedule 7 to the Income Support Regulations—
(i)ceases, or is expected to cease, to be a patient; or
(ii)a member of his family ceases, or is expected to cease, to be a patient,
in either case for a period of less than a week;
(e)a person referred to in paragraph 8 of Schedule 7 to the Income Support Regulations—
(i)ceases to be a prisoner; or
(ii)becomes a prisoner;
(f)a person to whom section 126 of the Contributions and Benefits Act (trade disputes) applies—
(i)becomes incapable of work by reason of disease or bodily or mental disablement; or
(ii)enters the maternity period (as defined in section 126(2) of that Act) or the day is known on which that person is expected to enter the maternity period;
(g)during the currency of the claim, a claimant makes a claim for a relevant social security benefit—
(i)the result of which is that his benefit week changes; or
(ii)under regulation 13 of the Claims and Payment Regulations and an award of that benefit on the relevant day for the purposes of that regulation means that his benefit week is expected to change.
4. A superseding decision made in consequence of a payment of income being treated as paid on a particular day under regulation 31(1)(b) or (2) or 39C(3) of the Income Support Regulations (date on which income is treated as paid) shall take effect from the day on which that payment is treated as paid.
5. Where—
(a)it is decided upon supersession on the ground of a relevant change of circumstances that the amount of income support is, or is to be, reduced; and
(b)the Secretary of State certifies that it is impracticable for a superseding decision to take effect from the day prescribed in the preceding paragraphs of this Schedule (other than where paragraph 3(g) or 4 applies),
that superseding decision shall take effect—
(i)where the relevant change has occurred, from the first day of the benefit week following that in which that superseding decision is made; or
(ii)where the relevant change is expected to occur, from the first day of the benefit week following that in which that change of circumstances is expected to occur.
6. Where—
(a)a superseding decision (“the former supersession") was made on the ground of a relevant change of circumstances in the cases set out in paragraphs 3(b) to (g); and
(b)that superseding decision is itself superseded by a subsequent decision because the circumstances which gave rise to the former supersession cease to apply (“the second change"), that subsequent decision shall take effect from the date of the second change.
7. Subject to paragraphs 8 to 11, where a decision in respect of a claim for jobseeker’s allowance is superseded on the ground that there has been or there is expected to be, a relevant change of circumstances, the supersession shall take effect from the first day of the benefit week (as defined in regulation 1(3) of the Jobseeker’s Allowance Regulations) in which that relevant change of circumstances occurs or is expected to occur.
8. Where the relevant change of circumstances giving rise to the supersession is that—
(a)entitlement to jobseeker’s allowance ends, or is expected to end, for a reason other than that the claimant no longer satisfies the provisions of section 3(1)(a) of the Jobseekers Act M5; or
(b)a child or young person who is normally in the care of a local authority or who is detained in custody lives, or is expected to live, with the claimant for a part only of the benefit week; or
(c)the claimant or his partner enters, or is expected to enter, a nursing home or residential care home for a period of not more than 8 weeks; or
(d)the partner of the claimant or a member of his family ceases, or is expected to cease, to be a hospital in-patient for a period of less than a week,
the supersession shall take effect from the date that the relevant change of circumstances occurs or is expected to occur.
9. Where the relevant change of circumstances giving rise to a supersession is any of those specified in paragraph 8, and, in consequence of those circumstances ceasing to apply, a further superseding decision is made, that further superseding decision shall take effect from the date that those circumstances ceased to apply.
10. Where, under the provisions of regulation 96 or 102C(3) of the Jobseeker’s Allowance Regulations M6, income is treated as paid on a certain date and that payment gives rise, or is expected to give rise, to a relevant change of circumstance resulting in a supersession, that supersession shall take effect from that date.
11. Where a relevant change of circumstances occurs which results, or is expected to result, in a reduced award of jobseeker’s allowance then, if the Secretary of State is of the opinion that it is impracticable for a supersession to take effect in accordance with the preceding paragraphs of this Schedule, the supersession shall take effect from the first day of the benefit week following that in which the relevant change of circumstances occurs.”.
Marginal Citations
M6S.I. 1996/207; the relevant amending instrument is S.I. 1998/1174.