The Social Security (Removal of Residential Allowance and Miscellaneous Amendments) Regulations 2003

Regulation 2

SCHEDULE 1 AMENDMENT OF THE INCOME SUPPORT (GENERAL) REGULATIONS 1987

1.  In paragraph (1) of regulation 2 (interpretation) the definition of “residential allowance”(1) shall be omitted.

2.  In paragraph (1) of regulation 17 (applicable amounts) sub-paragraph (bb)(2) shall be omitted.

3.  In paragraph (1) of regulation 18 (polygamous marriages) sub-paragraph (cc)(3) shall be omitted.

4.  In paragraph (1B)(4) of regulation 21 (special cases) for the words “paragraph 10A, 10B, 10C or 13” there shall be substituted “paragraph 13(2)”.

5.  In regulation 71 (applicable amounts in urgent cases)—

(a) in paragraph (1)—

(i) in sub-paragraph (a) head (vi)(5) shall be omitted; and

(ii) sub-paragraph (c)(6) shall be omitted; and

(b) paragraph (1A)(7) shall be omitted.

6.  In Schedule 2 (applicable amounts) paragraph 2A(8) shall be omitted.

7.  Schedule 3C(9) (the Greater London area) shall be omitted.

8.  In Schedule 7 (applicable amounts in special cases)—

(a) paragraphs—

(i) 10A(10) (single claimants temporarily in local authority accommodation);

(ii) 10B(11) (couples and members of polygamous marriages where one member is or all are temporarily in local authority accommodation);

(iii) 10C(12) (lone parents who are in residential accommodation temporarily);

(iv) 13(1)(13) (persons in residential accommodation) in columns (1) and (2);

(v) 13A(14) (polish resettlement); and

(vi) 13B(15) (polish resettlement: persons temporarily absent from accommodation),

shall be omitted.

9.  In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)—

(a) in paragraph 9(16) the words from “, but” to the end of that paragraph shall be omitted; and

(b) paragraph 15B(17) shall be omitted.

Regulation 4

SCHEDULE 2 AMENDMENT OF THE JOBSEEKER'S ALLOWANCE REGULATIONS 1996

1.  In paragraph (3) of regulation 1(18) (citation, commencement and interpretation) the definition of “residential allowance” shall be omitted.

2.  In regulation 83(19) (applicable amounts) sub-paragraph (c) shall be omitted.

3.  In paragraph (1) of regulation 84(20) (polygamous marriages) sub-paragraph (d) shall be omitted.

4.  In regulation 85 (special cases) paragraph (2A)(21) shall be omitted.

5.  In regulation 86A(22) (applicable amounts for joint-claim couples) paragraph (b) shall be omitted.

6.  In regulation 86B(23) (applicable amounts for joint-claim couples: polygamous marriages) paragraph (c) shall be omitted.

7.  In regulation 148(24) (applicable amounts in urgent cases)—

(a) in paragraph (1)—

(i) sub-paragraph (a)(v); and

(ii) sub-paragraph (c),

shall be omitted; and

(b) paragraph (1A)(25) shall be omitted.

8.  In regulation 148A(26) (applicable amount in urgent cases: joint-claim couples)—

(a) in paragraph (1)—

(i) sub-paragraph (a)(iv); and

(ii) sub-paragraph (c),

shall be omitted; and

(b) paragraph (1A)(27) shall be omitted.

9.  In Schedule 1 (applicable amounts) paragraph 3(28) shall be omitted.

10.  Schedule 3(29) (the Greater London Area) shall be omitted.

11.  In Schedule 5 (applicable amounts in special cases)—

(a) in column (1) of paragraph 1(30) (person other than claimant who is a patient) for the words “, 15 and 17” there shall be substituted “and 15”;

(b) paragraphs—

(i) 7(31) (single claimants temporarily in local authority accommodation);

(ii) 8(32) (couples and members of polygamous marriages where one member is or all are temporarily in local authority accommodation);

(iii) 9(33) (lone parents who are in residential accommodation temporarily),

shall be omitted;

(c) in columns (1) and (2) of paragraph 15(34) (persons in residential accommodation) sub-paragraph (1) shall be omitted; and

(d) in column (2) of paragraph 17A(35) (joint-claim couples where a claim is made other than jointly by both members) the words “or 86” in both places shall be omitted.

12.  In Schedule 5A(36) (applicable amounts of joint-claim couples in special cases)—

(a) in column (1) of paragraph 1 (patients) for the words “Subject to paragraphs 9 and 11, a” there shall be substituted “A”; and

(b) paragraph 9(37) (members of joint-claim couples in residential accommodation) shall be omitted.

(1)

The definition of “residential allowance” was inserted by S.I. 1992/3147.

(2)

Sub-paragraph (bb) was inserted by S.I. 1992/3147 and amended by S.I. 2003/455.

(3)

Sub-paragraph (cc) was inserted by S.I. 1992/3147 and amended by S.I. 2003/455.

(4)

Paragraph (1B) was inserted by S.I. 2001/3767.

(5)

Paragraph (1)(a)(vi) was inserted by S.I. 1993/2119.

(6)

Paragraph (1)(c) was amended by S.I. 1992/3147, 1993/2119, 1994/527 and 2001/3767.

(7)

Paragraph (1A) was inserted by S.I. 2001/3767.

(8)

Paragraph 2A was inserted by S.I. 1992/3147 and amended by S.I. 1993/518, 1993/1219, 1997/2197, 2001/3767 and 2002/668.

(9)

Schedule 3C was inserted by S.I. 1992/3147 and amended by S.I. 1997/65.

(10)

Paragraph 10A was inserted by S.I. 1988/663 and amended by S.I. 2001/3767 and 2002/668.

(11)

Paragraph 10B was inserted by S.I. 1988/663 and amended by S.I. 2001/3767 and 2002/668.

(12)

Paragraph 10C was inserted by S.I. 1988/2022 and amended by S.I. 1996/1803, 2002/668 and 2003/455.

(13)

Paragraph 13 was amended by S.I. 2002/668 and 2003/455.

(14)

Paragraph 13A was inserted by S.I. 1989/1678 and amended by S.I. 1995/516, 1997/2197, 2001/3767, 2002/668 and 2003/455.

(15)

Paragraph 13B was inserted by S.I. 1994/2139 and amended by S.I. 1997/543.

(16)

Paragraph 9 was amended by S.I. 1993/518, 1995/2303 and 2001/3767.

(17)

Paragraph 15B was inserted by S.I. 1996/606 and amended by S.I. 1997/65 and 2001/3767.

(18)

To which there are amendments not relevant to these Regulations.

(19)

Regulation 83 is amended by S.I. 2003/455.

(20)

Regulation 84 is amended by S.I. 2003/455.

(21)

Paragraph (2A) was inserted by S.I. 2001/3767.

(22)

Regulation 86A was inserted by S.I. 2000/1978 and amended by S.I. 2001/3767.

(23)

Regulation 86B was inserted by S.I. 2000/1978 and amended by S.I. 2001/3767 and 2003/455.

(24)

The relevant amending instrument is S.I. 2001/3767.

(25)

Paragraph (1A) was inserted by S.I. 2001/3767.

(26)

Regulation 148A was inserted by S.I. 2000/1978 and amended by S.I. 2001/3767.

(27)

Paragraph (1A) was inserted by S.I. 2001/3767.

(28)

Paragraph 3 was amended by S.I. 1997/2197, 2000/1978, 2001/3767 (as amended by S.I. 2002/398) and 2002/668.

(29)

Schedule 3 was amended by S.I. 1997/454.

(30)

Paragraph 1 was amended by S.I. 1996/1516, 2000/636 and 2002/668.

(31)

Paragraph 7 was amended by S.I. 2002/668.

(32)

Paragraph 8 was amended by S.I. 1996/1516 and 2002/668.

(33)

Paragraph 9 was amended by S.I. 1996/1803, 2002/668 and 2003/455.

(34)

Paragraph 15 was amended by S.I. 2002/668 and 2003/455.

(35)

Paragraph 17A was inserted by S.I. 2000/1978.

(36)

Schedule 5A was inserted by S.I. 2000/1978 and amended by S.I. 2001/3767 and 2002/668.

(37)

Paragraph 9 was amended by S.I. 2002/668.