Amendment of Schedule 3 to the Income Support Regulations6

In paragraph 14 of Schedule 3 to the Income Support Regulations (housing costs: linking rules)9

a

in sub-paragraph (1)—

i

in head (a)(ii), after the words “12 weeks or less” there shall be inserted the words “or, as the case may be, 52 weeks or less,”;

ii

in head (c)(iv), after the words “twelve weeks” there shall be inserted the words “or, as the case may be, 52 weeks,”;

iii

in head (d), after the words “twelve weeks” there shall be inserted the words “or, as the case may be , 52 weeks,”;

iv

in head (f)(iii), after the words “12 weeks” there shall be inserted the words “or, as the case may be, 52 weeks,”;

b

in sub-paragraph (10), after “(1)(a)(ii),” there shall be inserted “(1)(c)(iv),”;

c

after sub-paragraph (10) there shall be added the following sub-paragraphs—

11

For the purposes of sub-paragraph (1)(a)(ii), (1)(c)(iv), (1)(d) and (1)(f)(iii), the relevant period shall be—

a

52 weeks in the case of a person to whom sub-paragraph (12) applies;

b

subject to sub-paragraph (10), 12 weeks in any other case.

12

This sub-paragraph applies, subject to sub-paragraph (13), in the case of a person who, on or after 9th April 2001, has ceased to be entitled to income support because he or his partner—

a

has commenced employment as an employed earner or as a self-employed earner or has increased the hours in which he is engaged in such employment;

b

is taking active steps to establish himself in employment as an employed earner or as a self-employed earner under any scheme for assisting persons to become so employed which is mentioned in regulation 19(1)(r)(i) to (iii) of the Jobseeker’s Allowance Regulations 1996; or

c

is participating in—

i

a New Deal option;

ii

an employment zone programme; or

iii

the self-employment route,

and, as a consequence, he or his partner was engaged in remunerative work or had income in excess of the applicable amount as prescribed in Part IV.

13

Sub-paragraph (12) shall only apply to the extent that immediately before the day on which the person ceased to be entitled to income support, his housing costs were being met in accordance with paragraph 6(1)(a) or 8(1)(a) or would have been so met but for any non-dependant deduction under paragraph 18.