SCHEDULE 1AMENDMENTS TO THE INCOME SUPPORT REGULATIONS

Regulation 2

I11

In regulation 2A M1 (disapplication of section 1(1A) of the Administration Act) paragraph (a) shall be omitted.

Annotations:
Commencement Information
I1

Sch. 1 para. 1 coming into force and having effect in accordance with {reg. 1(1)-(4)}

Marginal Citations
M1

The relevant amending instrument is S.I. 1997/2676.

I22

In regulation 17(1) M2 (applicable amounts)–

a

paragraphs (b) (amount in respect of children or young persons) and (c) (family premium) shall be omitted; and

b

in paragraph (bb) for the words “or where the claimant is a member of a family, an amount in respect of any member of the family aged 16 or over” there shall be substituted the words “ or, if he is a member of a couple, an amount in respect of both of them ”.

Annotations:
Commencement Information
I2

Sch. 1 para. 2 coming into force and having effect in accordance with {reg. 1(1)-(4)}

Marginal Citations
M2

The relevant amending instruments are S.I. 1992/3147, 1993/2119 and 1996/206.

I33

In regulation 18 M3 (polygamous marriages)–

a

paragraphs (1)(c) (amount in respect of children or young persons) and (1)(d) (family premiums) shall be omitted; and

b

in paragraph (1)(cc) for the words “any member of his household aged 16 or over” there shall be substituted the words “ any partner of the polygamous marriage ”.

Annotations:
Commencement Information
I3

Sch. 1 para. 3 coming into force and having effect in accordance with {reg. 1(1)-(4)}

Marginal Citations
M3

The relevant amending instruments are S.I. 1988/1228, 1992/3147, 1993/2119, 1996/206 and 2001/3767.

I44

In regulation 21(1) M4 (special cases)–

a

in paragraph (1) the words from “but no amount shall” to the end of that paragraph shall be omitted, and

b

in paragraph (2) omit “,3”.

Annotations:
Commencement Information
I4

Sch. 1 para. 4 coming into force and having effect in accordance with {reg. 1(1)-(4)}

Marginal Citations
M4

The relevant amending instruments are S.I. 1994/527, 1996/206, 1996/2431, 2000/636 and 2001/3767.

I55

In regulation 21ZB(3) M5 (treatment of refugees) for the word “dependants” there shall be substituted the word “ partner ”.

Annotations:
Commencement Information
I5

Sch. 1 para. 5 coming into force and having effect in accordance with {reg. 1(1)-(4)}

Marginal Citations
M5

The relevant amending instrument is S.I. 2000/636.

I66

In regulation 23 M6 (calculation of income and capital of members of claimant’s family and of a polygamous marriage)–

a

in paragraph (1)–

i

for the words from “Subject” to “of the Act” there shall be substituted the words “ Subject to paragraph (4), the income and capital of a claimant’s partner which by virtue of section 136(1) of the Contributions and Benefits Act ”, and

ii

the words “or that child or young person” shall be omitted;

b

for paragraph (2) there shall be substituted the following paragraph–

2

Subject to the following provisions of this Part, the income paid to, or in respect of, and capital of, a child or young person who is a member of the claimant’s family shall not be treated as the income or capital of the claimant.

c

in paragraph (3)(a) the words “and the income of any child or young person who is one of that member’s family” shall be omitted;

d

in paragraph (3)(b) the words “or, as the case may be, the income of that child or young person” and words after “for the claimant” to the end of that paragraph shall be omitted.

Annotations:
Commencement Information
I6

Sch. 1 para. 6 coming into force and having effect in accordance with {reg. 1(1)-(4)}

Marginal Citations
M6

The relevant amending instrument is S.I. 1988/1228.

I77

In regulation 25 (liable relative payments) for “44” there shall be substituted “ 42 ”.

Annotations:
Commencement Information
I7

Sch. 1 para. 7 coming into force and having effect in accordance with {reg. 1(1)-(4)}

I88

In regulation 40 M7 (calculation of income other than earnings)–

a

in paragraph (1) for the words after “income under” to the end of that paragraph there shall be substituted the words “ regulation 41 (capital treated as income) ”;

b

in paragraph (4)(b) for the word “dependants” there shall be substituted the word “ partner ”.

Annotations:
Commencement Information
I8

Sch. 1 para. 8 coming into force and having effect in accordance with {reg. 1(1)-(4)}

Marginal Citations
M7

The relevant amending instruments are S.I. 1988/2022, 1998/563 and 2000/636.

I99

Regulation 41(3) M8 (capital treated as income) shall be omitted.

Annotations:
Commencement Information
I9

Sch. 1 para. 9 coming into force and having effect in accordance with {reg. 1(1)-(4)}

Marginal Citations
M8

The relevant amending instruments are S.I. 1988/663, 1989/1034 and 2001/3070.

I1010

In regulation 42 M9 (notional income)–

a

paragraph (2)(d) shall be omitted;

b

in paragraph (2) (e) for the words “working families' tax credit” there shall be substituted the words “ working tax credit ”;

c

in paragraph (2)(f) for the words “disabled person’s tax credit” there shall be substituted the words “ child tax credit ”;

d

paragraph (2D) shall be omitted;

e

in paragraph (4)(a)–

i

for the words “in respect of a member of the family” there shall be substituted the words “ his partner ”;

ii

in head (i) for the words “or by that member, if it is paid to any member of that family” there shall be substituted the words “ or by his partner, if it is paid to his partner ”;

iii

in head (ia) for the words “that member” there shall be substituted the words “ the claimant’s partner ”;

iv

in head (ii) for the words “or by that member” there shall be substituted the words “ or his partner ”, for the words “of any member of that family” there shall be substituted the words “ of his partner ” and for the words “member is liable” there shall be substituted the words “ partner is liable ”;

f

for paragraph (4)(b) there shall be substituted the following–

b

to a single claimant or his partner in respect of a third party (but not in respect of another member of his family) shall be treated as possessed by that single claimant or, as the case may be, his partner, to the extent that it is kept or used by him or used by or on behalf of his partner;

g

in paragraph (4ZA)(d)(iii) for the words “any member of his family” there shall be substituted “ his partner (if any) ”;

h

in paragraph (4A) for the words after “the cost of maintaining the claimant” to the end of that paragraph there shall be substituted the words “ or his partner in that home shall be treated as possessed by the claimant or his partner ”.

Annotations:
Commencement Information
I10

Sch. 1 para. 10 coming into force and having effect in accordance with {reg. 1(1)-(5)(a)}

Marginal Citations
M9

The relevant amending instruments are S.I. 1988/1445, 1991/1559, 1992/468, 1993/315, 1994/527, 1995/2792, 1995/3282, 1996/1803, 1998/2117, 1999/2566, 1999/2640 and 2002/841.

I1111

Regulation 44 M10 (modifications in respect of children and young persons) and regulation 47 (disregard of capital of child or young person) shall be omitted.

Annotations:
Commencement Information
I11

Sch. 1 para. 11 coming into force and having effect in accordance with {reg. 1(1)-(4)}

Marginal Citations
M10

The relevant amending instruments are S.I. 1988/663, 1993/2119, 1999/3178 and 2000/2629.

I1212

In regulation 48 M11 (income treated as capital)–

a

paragraphs (8), (8A) and (10)(b) shall be omitted, and

b

in paragraph (10)(a) for the words “or to a member of the family” there shall be substituted the words “ or to the partner ”.

Annotations:
Commencement Information
I12

Sch. 1 para. 12 coming into force and having effect in accordance with {reg. 1(1)-(4)}

Marginal Citations
M11

The relevant amending instruments are S.I. 1988/2022 and 1998/563.

I1313

In regulation 51 M12 (notional capital)–

a

in paragraph (3)(a)–

i

for the words “in respect of a member of the family” there shall be substituted the words “ his partner ”;

ii

in head (i) for the words “or by that member if it is paid to any member of the family” there shall be substituted the words “ or by his partner, if it is paid to his partner ”;

iii

in head (ia) for the words “that member” there shall be substituted the words “ the claimant’s partner ”;

iv

in head (ii) for the words “or by that member” there shall be substituted the words “ or his partner ”, for the words “of any member of that family” there shall be substituted the words “ of his partner ” and for the words “member is liable” there shall be substituted the words “ partner is liable ”;

b

for paragraph (3)(b) there shall be substituted the following–

b

to a single claimant or his partner in respect of a third party (but not in respect of another member of his family) shall be treated as possessed by that single claimant or, as the case may be, his partner, to the extent that it is kept or used by him or used by or on behalf of his partner.

c

in paragraph (3A)(c)(iii) for the words “any member of his family” there shall be substituted “ his partner (if any) ”.

Annotations:
Commencement Information
I13

Sch. 1 para. 13 coming into force and having effect in accordance with {reg. 1(1)-(4)}

Marginal Citations
M12

The relevant amending instruments are S.I. 1988/1445, 1989/534, 1991/1559, 1993/315, 1997/65, 1998/2117, 1999/1640, 1999/2640, 2001/3767 and 2002/841.

I1414

In regulation 54 M13 (liable relatives interpretation) in the definition of “payment” paragraph (d) shall be omitted.

Annotations:
Commencement Information
I14

Sch. 1 para. 14 coming into force and having effect in accordance with {reg. 1(1)-(4)}

Marginal Citations
M13

The relevant amending instrument is S.I. 1988/663.

I1515

In regulation 57 M14 (period over which payments other than periodical payments are to be taken into account)–

a

in paragraph (1) for

by–

a

where the payment is in respect of the claimant or the claimant and any child or young person who is a member of the family, the aggregate

there shall be substituted the words “ by the aggregate ”;

b

in paragraph (2) the words “(a) in a case where the periodical payment is in respect of the claimant or the claimant and any child or young person who is a member of the family,” shall be omitted and for the words “referred to in sub-paragraph (a) or (b), as the case may be,” there shall be substituted the words “ as calculated under this paragraph ”;

c

paragraph (1)(b) and (2)(b) and the word “or;” after paragraph (2)(a) shall be omitted, and

d

in paragraph (3)(a) and (b) the words “sub-paragraph (a) or (b) of” and in paragraph (3)(a) the words “as the case may be” shall be omitted.

Annotations:
Commencement Information
I15

Sch. 1 para. 15 coming into force and having effect in accordance with {reg. 1(1)-(4)}

Marginal Citations
M14

The relevant amending instruments are S.I. 1990/1776, 1996/1803, 2000/2629, 2002/2497 and 2002/2207.

I1616

In regulation 62 M15 (calculation of grant income)–

a

after paragraph (2)(h) there shall be added the following sub-paragraph–

i

intended for the maintenance or child care costs of a child dependant.

b

for paragraph (2B) there shall be substituted the following paragraph–

2B

There shall also be excluded from a student’s grant income any grant of £510 in respect of expenditure on travel, books and equipment which is payable under regulation 15(8) of the Education (Student Support) Regulations 2002.

c

in paragraph (3) before the word “dependants” there shall be inserted the word “ adult ” and the words “or intended for an older student under Part IV of that Schedule” shall be omitted;

d

in paragraph (3A) for the word “dependants” in both places where it occurs there shall be substituted the words “ an adult dependant ”F1and the words “or for an older student” shall be omitted, and

e

in paragraph (3B) for the word “dependants” there shall be substituted the words “ an adult dependant ”.

I1717

In regulation 66B(3) M16 (treatment of payments from access funds) and in regulation 68(3) (income treated as capital)–

a

for the words “any other member of his family” there shall be substituted the words “ his partner ”, and

b

for the words “member is liable” there shall be substituted the words “ partner is liable ”.

Annotations:
Commencement Information
I17

Sch. 1 para. 17 coming into force and having effect in accordance with {reg. 1(1)-(4)}

Marginal Citations
M16

The relevant amending instruments are S.I. 2000/1922 and 2001/3767.

I1818

In regulation 71(1) M17 (applicable amounts in urgent cases)–

a

sub-paragraphs (a)(ii), (c)(ii) and (d)(i) shall be omitted, and

b

in sub-paragraphs (a)(iii) and (d)(ii) “II or” shall be omitted.

Annotations:
Commencement Information
I18

Sch. 1 para. 18 coming into force and having effect in accordance with {reg. 1(1)-(4)}

Marginal Citations
M17

The relevant amending instruments are S.I. 1988/663, 1989/1034, 1994/527, 2000/636 and 2001/3767.

19

In Schedule 1B M18 (prescribed categories of person)–

a

in paragraphs 14A(1)(c) (parental leave) and 14B(2)(b) (paternity leave) after the words “working families' tax credit, disabled person’s tax credit” there shall be inserted the words “ working tax credit, child tax credit payable at a rate higher than the family element, ”, and

b

in paragraph 14A(2) and 14B(3) at the end there shall be added the words “and “family element” means in a case where any child in respect of whom child tax credit is payable is under the age of one year, the amount specified in regulation 7(3)(a) of the Child Tax Credit Regulations 2002 M19 or in any other case, the amount specified in regulation 7(3)(b) of those Regulations”.

I1920

In Schedule 2 M20 (applicable amounts)–

a

paragraphs 2 (amounts for child or young person), 3 (family premium), 6(1)(c) (premiums) and 14 (disabled child premium) shall be omitted;

b

in paragraph 12(1)(a)(i) (additional condition for the higher pensioner and disability premium) for the words “disabled person’s tax credit” there shall be substituted the words “ the disability element or the severe disability element of working tax credit as specified in regulation 20(1)(b) and (f) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 M21

c

in paragraph 13A (enhanced disability premium)–

i

in sub-paragraph (1)(b) for the words “a member of the claimant’s family” there shall be substituted the words “ the claimant’s partner (if any) ”; and

ii

sub-paragraph (2)(a) shall be omitted, and

d

in paragraph 15 (weekly amounts of premiums specified in Part III) sub-paragraphs (6) (disabled child premium) in Columns (1) and (2) and (8)(a) (enhanced disability premium) in Column (2) shall be omitted.

Annotations:
Commencement Information
I19

Sch. 1 para. 20 coming into force and having effect in accordance with {reg. 1(1)-(5)(a)}

Marginal Citations
M20

The relevant amending instruments are S.I. 1988/663, 1988/1445, 1991/2742, 1993/2119, 1994/2139, 1995/482, 1995/516, 1996/2545, 1997/1790, 1998/766, 1999/2555, 1999/2566, 2000/2629 and 2002/668.

I2021

In Schedule 7 M22 (applicable amounts in special cases)–

F10a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d

paragraph 3 in Columns (1) and (2) shall be omitted;

F2e

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2f

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2g

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2h

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

i

for paragraph 16A(a) and (b) in Column (2) there shall be substituted–

16A

a

The amount applicable in respect of the claimant only under regulation 17(1)(a), any amount which may be applicable to him under regulation 17(1)(d) plus the amount applicable to him under regulation 17(1)(e), (f) and (g) or, as the case may be, regulation 21.

b

The amount determined in accordance with that regulation or regulation 21 in respect of the claimant and any partners of his who are not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act and to whom section 115 of that Act does not apply for the purposes of exclusion from entitlement to income support.

I2122

In Schedule 8 M23 (sums to be disregarded in the calculation of earnings)–

a

in paragraph 14 the words “except earnings to which paragraph 15 applies” shall be omitted, and

b

paragraph 15 shall be omitted.

Annotations:
Commencement Information
I21

Sch. 1 para. 22 coming into force and having effect in accordance with {reg. 1(1)-(4)}

Marginal Citations
M23

The relevant amending instruments are S.I. 1992/468, 2000/2545 and 2001/3767.

I2223

In Schedule 9 M24 (sums to be disregarded in the calculation of income other than earnings)–

a

after paragraph 5 there shall be inserted the following paragraph–

5A

Any guardian’s allowance.

b

after paragraph 5A there shall be inserted the following paragraph–

5B

1

Any child tax credit.

2

Any child benefit.

c

in sub-paragraph (1) of paragraph 25 the words “to the extent specified in sub-paragraph (2)” shall be omitted and sub-paragraph (2) of that paragraph shall be omitted,

d

after paragraph 25, there shall be inserted the following paragraph–

25A

In the case of a claimant who has a child or young person–

a

who is a member of his family, and

b

who is residing at an educational establishment at which he is receiving relevant education,

any payment made to that educational establishment, in respect of that child or young person’s maintenance by or on behalf of a person who is not a member of the family or by a member of the family out of funds contributed for that purpose by a person who is not a member of the family.

e

in paragraph 70, for the words “any working families' tax credit or disabled person’s tax credit to which section 128 or as the case may be 129 of the Contributions and Benefits Act refers” there shall be substituted the words “ any working tax credit ”.

Annotations:
Commencement Information
I22

Sch. 1 para. 23 coming into force and having effect in accordance with {reg. 1(1)-(5)(a)}

Marginal Citations
M24

The relevant amending instrument is S.I. 2002/2402.

I2324

In Schedule 10 M25 (capital to be disregarded)–

a

in paragraph 7(b) after the words “family income supplement under the Family Income Supplements Act 1970” there shall be inserted the words “ ,working families' tax credit under section 128 of the Contributions and Benefits Act, disabled person’s tax credit under section 129 of that Act, child tax credit, working tax credit, ”, and

b

in paragraph 20, the words “, 44(1)” and the words “, modifications in respect of children and young persons” shall be omitted.

Annotations:
Commencement Information
I23

Sch. 1 para. 24 coming into force and having effect in accordance with {reg. 1(1)-(5)(a)}

Marginal Citations
M25

the relevant amending instruments are S.I. 1990/1549, 1996/206 and 2002/2380.

SCHEDULE 2AMENDMENTS TO JOBSEEKER'S ALLOWANCE REGULATIONS

Regulation 3

I241

In regulation 2A M26 (disapplication of section 1(1A) of the Administration Act) paragraph (a) shall be omitted.

Annotations:
Commencement Information
I24

Sch. 2 para. 1 coming into force and having effect in accordance with {reg. 1(1)(6)-(8)}

Marginal Citations
M26

The relevant amending instrument is S.I. 1997/2676.

I252

In regulation 83 M27 (applicable amounts)–

a

paragraphs (b) (amount in respect of children and young persons) and (d) (family premium) shall be omitted; and

F3b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I263

In regulation 84 M28 (polygamous marriages)–

a

paragraph (1)(c) (amount in respect of children and young persons) and (e) (family premium) shall be omitted, and

F4b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I274

In regulation 85 M29 (special cases)–

a

in paragraph (1) the words from “but excluding” to the end of that paragraph shall be omitted, and

b

in paragraph (3) omit “,2”.

Annotations:
Commencement Information
I27

Sch. 2 para. 4 coming into force and having effect in accordance with {reg. 1(1)(6)-(8)}

Marginal Citations
M29

The relevant amending instruments are S.I. 1997/454 and 2001/3767.

I285

In regulation 86B(c) M30 (applicable amounts for joint-claim couples: polygamous marriages) for the words “any member of his household aged 16 or over” there shall be substituted the words “ any partner of the polygamous marriage ”.

Annotations:
Commencement Information
I28

Sch. 2 para. 5 coming into force and having effect in accordance with {reg. 1(1)(6)-(8)}

Marginal Citations
M30

The relevant amending instruments are S.I. 2000/1978 and 2001/3767.

I296

In regulation 88 M31 (calculation of income and capital of members of claimant’s family and of a polygamous marriage)–

a

in paragraph (1)–

i

for the words “paragraphs (2) and” there shall be substituted the word “ paragraph ” and for the word “regulations” there shall be substituted the word “ regulation ”;

ii

the words “and 106 (modifications in respect of children and young persons)” and the words “and the income of a child or young person” and the words after “to his partner” to the end of that paragraph shall be omitted;

b

for paragraph (2) there shall be substituted the following paragraph–

2

Subject to the following provisions of this Part, the income paid to, or in respect of, and capital of, a child or young person who is a member of the claimant’s family shall not be treated as the income or capital of the claimant.

c

in paragraph (4)(a) the words after “each such member” to the end of that sub-paragraph shall be omitted, and

d

in paragraph (4)(b) the words from “or, as the case may be, the income of that child or young person” and the words after “for the claimant” to the end of that paragraph shall be omitted.

Annotations:
Commencement Information
I29

Sch. 2 para. 6 coming into force and having effect in accordance with {reg. 1(1)(6)-(8)}

Marginal Citations
M31

The relevant amending instrument is S.I. 2000/1978.

I307

In regulation 89 (liable relative payments) for “106” there shall be substituted “ 105 ”.

Annotations:
Commencement Information
I30

Sch. 2 para. 7 coming into force and having effect in accordance with {reg. 1(1)(6)-(8)}

I318

In regulation 103 M32 (calculation of income other than earnings)–

a

in paragraph (1) for the words after “income under” to the end of that paragraph there shall be substituted the words “ regulation 104 (capital treated as income) ”, and

b

in paragraph (6)(b) for the word “dependants” there shall be substituted the word “ partner ”.

Annotations:
Commencement Information
I31

Sch. 2 para. 8 coming into force and having effect in accordance with {reg. 1(1)(6)-(8)}

Marginal Citations
M32

The relevant amending instrument is S.I. 2000/636.

I329

Regulation 104(3) M33 (capital treated as income) shall be omitted.

Annotations:
Commencement Information
I32

Sch. 2 para. 9 coming into force and having effect in accordance with {reg. 1(1)(6)-(8)}

Marginal Citations
M33

The relevant amending instrument is S.I. 2001/3070.

I3310

In regulation 105 M34 (notional income)–

a

paragraphs (2)(c) and (2A) shall be omitted;

b

in paragraph (2)(d) for the words “working families' tax credit or disabled person’s tax credit” there shall be substituted the words “ working tax credit or child tax credit ”;

c

in paragraph (10)(a)–

i

for the words “in respect of a member of the family” there shall be substituted the words “ his partner ”;

ii

in head (i) for the words “by that member of the family, if it would normally be paid to that member” there shall be substituted the words “ by his partner, if it would normally be paid to his partner ”;

iii

in head (ia) for the words “that member” there shall be substituted the words “ the claimant’s partner ”, and

iv

in head (ii) for the words “or by that member of the family” there shall be substituted the words “ or his partner ”, for the words “of any member of the family” there shall be substituted the words “ of his partner ” and for the words “member is liable” there shall be substituted the words “ partner is liable ”;

d

for paragraph (10)(b) there shall be substituted the following–

b

to a single claimant or his partner in respect of a third party (but not in respect of another member of his family) shall be treated as possessed by that single claimant or, as the case may be, his partner, to the extent that it is kept or used by him or used by or on behalf of his partner;

e

in paragraph (10A)(d)(iii) for the words “any member of his family” there shall be substituted “ his partner (if any) ”, and

f

in paragraph (11) for the words after “the cost of maintaining the claimant” to the end of that paragraph there shall be substituted the words “ or his partner in that home shall be treated as possessed by the claimant or his partner ”.

Annotations:
Commencement Information
I33

Sch. 2 para. 10 coming into force and having effect in accordance with {reg. 1(1)(6)-(9)}

Marginal Citations
M34

The relevant amending instruments are S.I. 1996/1803, 1998/2117, 1999/2566, 1999/2640, 2000/1978 and 2002/841.

I3411

Regulation 106 M35 (modifications in respect of children and young persons) and regulation 109 (disregard of capital of child or young person) shall be omitted.

Annotations:
Commencement Information
I34

Sch. 2 para. 11 coming into force and having effect in accordance with {reg. 1(1)(6)-(8)}

Marginal Citations
M35

The relevant amending instrument is S.I. 2000/2629.

I3512

In regulation 110 M36 (income treated as capital) paragraphs (8) and (10)(b) shall be omitted.

Annotations:
Commencement Information
I35

Sch. 2 para. 12 coming into force and having effect in accordance with {reg. 1(1)(6)-(8)}

Marginal Citations
M36

The relevant amending instrument is S.I. 1998/563.

I3613

In regulation 113 M37 (notional capital)–

a

in paragraph (3)(a)–

i

for the words “in respect of a member of the family” there shall be substituted the words “ his partner ”;

ii

in head (i) for the words “by that member of the family, if it would normally be paid to that member” there shall be substituted the words “ by his partner, if it would normally be paid to his partner ”;

iii

in head (ia) for the words “that member” there shall be substituted the words “ the claimant’s partner ”;

iv

in head (ii) for the words “or by that member of the family” there shall be substituted the words “ or his partner ”, for the words “of any member of the family” there shall be substituted the words “of his partner” and for the words “member is liable” there shall be substituted the words “ partner is liable ”;

b

for paragraph (3)(b) there shall be substituted the following–

b

to a single claimant or his partner in respect of a third party (but not in respect of another member of his family) shall be treated as possessed by that single claimant or, as the case may be, his partner, to the extend that it is kept or used by him or used by or on behalf of his partner.

c

in paragraph (3A)(c)(iii) for the words “any member of his family” there shall be substituted “ his partner (if any) ”.

Annotations:
Commencement Information
I36

Sch. 2 para. 13 coming into force and having effect in accordance with {reg. 1(1)(6)-(8)}

Marginal Citations
M37

The relevant amending instruments are S.I. 1998/2117, 1999/2640, 2000/1978, 2001/3767 and 2002/841.

I3714

In regulation 117 (liable relatives interpretation) in the definition of “payment” paragraph (d) shall be omitted.

Annotations:
Commencement Information
I37

Sch. 2 para. 14 coming into force and having effect in accordance with {reg. 1(1)(6)-(8)}

I3815

In regulation 121 M38 (period over which payments other than periodical payments are to be taken into account)–

in paragraph (1) for

by–

  1. a

    where the payment is in respect of the claimant or the claimant and any child or young person who is a member of the claimant’s family, the aggregate

there shall be substituted the words “ by the aggregate ”;

  1. b

    in paragraph (2) the words “(a) in a case where the periodical payment is in respect of the claimant or the claimant and any child or young person who is a member of the claimant’s family” shall be omitted and for the words “referred to in sub-paragraph (a) or (b), as the case may be,” there shall be substituted the words “ as calculated under this paragraph ”;

  2. c

    paragraph (1)(b) and (2)(b) and the word “or;” after paragraph (2)(a) shall be omitted, and

  3. d

    in paragraph (3)(a) and (b) the words “sub-paragraph (a) or (b), as the case may be, of” shall be omitted.

Annotations:
Commencement Information
I38

Sch. 2 para. 15 coming into force and having effect in accordance with {reg. 1(1)(6)-(8)}

Marginal Citations
M38

The relevant amending instruments are S.I. 1996/1803 and 2000/2629.

I3916

In regulation 131 M39 (calculation of grant income)–

a

after paragraph (2)(g) there shall be added the following–

h

intended for the maintenance or child care costs of a child dependent.

b

for paragraph (3A) there shall be substituted the following paragraph–

3A

There shall also be excluded from a student’s grant income any grant of £510 in respect of expenditure on travel, books and equipment which is payable under regulation 15(8) of the Education (Student Support) Regulations 2002.

c

in paragraph (4) before the word “dependants” there shall be inserted the word “ adult ” and the words “, or intended for an older student under Part IV of that Schedule,” shall be omitted;

d

in paragraph (5) for the word “dependants” in both places where it occurs there shall be substituted the words “ an adult dependant ”F5and the words “or for an older student” shall be omitted, and

e

in paragraph (5A) for the word “dependants” there shall be substituted the words “ an adult dependant ”.

I4017

In regulation 136A(3) M40 (treatment of payments from access funds) and regulation 138(3) M41 (income treated as capital)–

a

for the words “any other member of his family” there shall be substituted the words “ his partner ”, and

b

for the words “member is liable” there shall be substituted the words “ partner is liable ”.

Annotations:
Commencement Information
I40

Sch. 2 para. 17 coming into force and having effect in accordance with {reg. 1(1)(6)-(8)}

Marginal Citations
M40

The relevant amending instruments are S.I. 2000/1992 and 2001/3767.

M41

The relevant amending instruments are S.I. 2000/1992 and 2001/3767.

I4118

In regulation 140(5)(a) M42 (meaning of “person in hardship”) for the words after “Schedule 1 or” to the end of that sub-paragraph there shall be substituted the words “an element of child tax credit in respect of a child or young person who is disabled or severely disabled within the meaning of regulation 8 of the Child Tax Credit Regulations 2002 M43”.

Annotations:
Commencement Information
I41

Sch. 2 para. 18 coming into force and having effect in accordance with {reg. 1(1)(6)-(8)}

Marginal Citations
M42

The relevant amending instruments are S.I. 1996/1516 and 1999/2860.

I4219

In regulation 148(1) M44 (applicable amount in urgent cases)–

a

sub-paragraphs (a)(ii), (c)(ii) and (d)(i) shall be omitted;

b

in sub-paragraphs (a)(iii) and (d)(ii) “II or” shall be omitted.

Annotations:
Commencement Information
I42

Sch. 2 para. 19 coming into force and having effect in accordance with {reg. 1(1)(6)-(8)}

Marginal Citations
M44

The relevant amending instruments are S.I. 2000/1978, 2001/3767 and 2002/398.

I4320

In Schedule 1 M45 (applicable amounts)–

a

paragraphs 2 (amounts for child or young person), 4 (family premium), 7(1)(c) (premiums) and 16 (disabled child premium) shall be omitted;

b

in paragraph 14(1)(a) (additional conditions for higher pensioner and disability premium) for the words “either disabled person’s tax credit” there shall be substituted the words “ the disability element or the severe disability element of working tax credit as specified in regulation 20(1)(b) and (f) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 M46;

c

in paragraph 15A (enhanced disability premium)–

i

in sub-paragraph (1)(b) for the words “a member of the claimant’s family” there shall be substituted the words “ the claimant’s partner (if any) ”, and

ii

sub-paragraph (2)(a) shall be omitted;

d

in paragraph 20 (weekly amounts of premiums specified in Part III) sub-paragraph (7) (disabled child premium) in Columns (1) and (2) and sub-paragraph (9)(a) (enhanced disability premium) in Column (2) shall be omitted, and

e

in paragraph 20H(1)(a) (additional conditions for higher pensioner and disability premium, joint claim) for the words “either disabled person’s tax credit” there shall be substituted the words “ the disability element or the severe disability element of working tax credit as specified in regulation 20(1)(b) and (f) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 ”.

Annotations:
Commencement Information
I43

Sch. 2 para. 20 coming into force and having effect in accordance with {reg. 1(1)(6)-(9)}

Marginal Citations
M45

The relevant amending instruments are S.I. 1996/1803, 1996/2545, 1998/766, 1999/2555, 1999/2566, 2000/724, 2000/2629, 2002/668 and 2002/2019.

I4421

In Schedule 5 M47 (applicable amounts in special cases)–

a

paragraph 2 in Columns (1) and (2) F6... shall be omitted;

F7b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

for paragraph 13A(a) and (b) in Column (2) there shall be substituted–

13A

a

the amount applicable in respect of the claimant only under regulation 83(a), plus any amount which may be applicable to him under regulation 83(e) or (f) plus the amount applicable to him under regulation 87(2) or (3) or, as the case may be, regulation 85;

b

the amount determined in accordance with that regulation or regulation 85 in respect of the claimant and any partners of his who are not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act and to whom section 115 of that Act does not apply for the purposes of exclusion from entitlement to jobseeker’s allowance;

F7d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I4522

In Schedule 6 M48 (sums to be disregarded in the calculation of earnings)–

a

in paragraph 17 the words “except earnings to which paragraph 18 applies” shall be omitted, and

b

paragraph 18 shall be omitted.

Annotations:
Commencement Information
I45

Sch. 2 para. 22 coming into force and having effect in accordance with {reg. 1(1)(6)-(8)}

Marginal Citations
M48

The relevant amending instruments are S.I. 2000/2545 and 2001/3767.

I4623

In Schedule 7 M49 (sums to be disregarded in the calculation of income other than earnings)–

a

after paragraph 6 there shall be inserted the following paragraph–

6A

Any guardian’s allowance

b

after paragraph 6A there shall be inserted the following paragraph–

6B

1

Any child tax credit.

2

Any child benefit.

c

in paragraph 26(1) the words “to the extent specified in sub-paragraph (2)” shall be omitted and sub-paragraph (2) of that paragraph shall be omitted, and

d

after paragraph 26, there shall be inserted the following paragraph–

26A

In the case of a claimant who has a child or young person–

a

who is a member of his family, and

b

who is residing at an educational establishment at which he is receiving relevant education,

any payment made to that educational establishment, in respect of that child or young person’s maintenance by or on behalf of a person who is not a member of the family or by a member of the family out of funds contributed for that purpose by a person who is not a member of the family.

Annotations:
Commencement Information
I46

Sch. 2 para. 23 coming into force and having effect in accordance with {reg. 1(1)(6)-(9)}

Marginal Citations
M49

The relevant amending instruments are S.I. 1998/563 and 2002/2402.

I4724

In Schedule 8 M50(capital to be disregarded)–

a

in paragraph 12(b) at the end there shall be inserted “,working families' tax credit under section 128 of that Act, disabled person’s tax credit under section 129 of that Act, child tax credit, working tax credit,”, and

b

in paragraph 25 the words “, 106(1)” and the words “, modifications in respect of children and young persons” shall be omitted.

Annotations:
Commencement Information
I47

Sch. 2 para. 24 coming into force and having effect in accordance with {reg. 1(1)(6)-(9)}

Marginal Citations
M50

The relevant amending instrument is S.I. 2002/2380.

F9SCHEDULE 3

Regulations 4 and 5

Annotations:

F9PART IAMENDMENT OF THE HOUSING BENEFIT REGULATIONS

F91

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F92

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F93

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F94

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F95

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9PART IIAMENDMENT OF THE COUNCIL TAX BENEFIT REGULATIONS

F91

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F92

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F93

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F94

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F95

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 4OTHER MISCELLANEOUS CONSEQUENTIAL AMENDMENTS

Regulation 6

1

In the Social Security (Credits) Regulations 1975 M51

a

in regulation 2 (interpretation)–

i

the definition of “disabled person’s tax credit” shall be omitted, and

ii

for the definition of “working families' tax credit” there shall be substituted the definition–

working tax credit” means a working tax credit under section 10 of the Tax Credits Act 2002 M52

b

in the heading which precedes regulation 7B M53 (credits for disabled person’s tax credit) for the words “disabled person’s tax credit” there shall be substituted the words “ disability element of working tax credit ”;

c

in regulation 7B(1) for the words “a disabled person’s tax credit” there shall be substituted the words “ the disability element or the severe disability element of working tax credit as specified in regulation 20(1)(b) and (f) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 is included in an award of working tax credit which ”;

d

in the heading which precedes regulation 7C M54 (credits for working families' tax credit) for the words “working families' tax credit” there shall be substituted the words “ working tax credit ”;

e

in regulation 7C–

i

at the beginning of paragraph (1), there shall be inserted “ Subject to regulation 7B, ”;

ii

in paragraphs (1) and (2) for the words “working families' tax credit” there shall be substituted the words “ working tax credit ”;

iii

in paragraph (3) for the words “working families' tax credit” in sub-paragraphs (a) and (c) there shall be substituted the words “ working tax credit ”, sub-paragraph (b) shall be omitted and the words “as equal” in sub-paragraph (c) shall be omitted, and

iv

paragraph (5) shall be omitted.

F82

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

In regulation 6 M55 (date of claim) of the Social Security (Claims and Payments) Regulations 1987–

a

in paragraph (28)(a) for the words “working families' tax credit or disabled person’s tax credit” there shall be substituted the words “ working tax credit ” ; and

b

in paragraph (28)(b) after the words “remunerative work” there shall be added the words “ for the purposes of that tax credit ”.

4

In regulation 2B(2) M56 (relaxation of the first contribution condition in certain cases) of the Social Security (Incapacity Benefit) Regulations 1994 after sub-paragraph (b)(ii) there shall be inserted the following head–

iii

who was entitled to working tax credit where the disability element or the severe disability element of working tax credit as specified in regulation 20(1)(b) and (f) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 was included in the award; or

5

Paragraph 5 of Schedule 1 and paragraph 5 of Schedule 2 to the Income-related Benefits and Jobseeker’s Allowance (Working Tax Credit and Child Tax Credit)(Amendment) Regulations 2002 M57 shall be omitted.

I486

Paragraph 5 of Schedule 3 and paragraph 5 of Schedule 4 to the Income-related Benefits and Jobseeker’s Allowance (Working Tax Credit and Child Tax Credit)(Amendment) Regulations 2002 shall be omitted.