The Income Support (General) (Standard Interest Rate Amendment) (No.3) Regulations 2004

Statutory Instruments

2004 No. 2174

SOCIAL SECURITY

The Income Support (General) (Standard Interest Rate Amendment) (No.3) Regulations 2004

Made

23rd August 2004

Laid before Parliament

27th August 2004

Coming into force

19th September 2004

The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 123(1)(a), 135(1), 137(1) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992(1), and of all other powers enabling him in that behalf, after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it(2), hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Income Support (General) (Standard Interest Rate Amendment) (No.3) Regulations 2004 and shall come into force on 19^th September 2004.

(2) In these Regulations—

(a) “the Decisions and Appeals Regulations” means the Social Security and Child Support (Decisions and Appeals) Regulations 1999(3);

(b) “the Income Support Regulations” means the Income Support (General) Regulations 1987(4); and

(c) the expressions “claimant” and “benefit week” have the same meanings as in regulation 2(1) of the Income Support Regulations(5) (interpretation).

(3) These Regulations shall have effect in relation to any particular claimant—

(a) in a case where income support is paid to the claimant in arrears, in accordance with paragraph 1(a) of Schedule 3A of the Decisions and Appeals Regulations(6) (date on which change of circumstances takes effect in certain cases where a claimant is in receipt of income support)—

(i) from the first day of the benefit week which includes 26^th September 2004; or

(ii) if the claim for income support is for a period commencing after 26^th September 2004, from the first day of the first benefit week commencing after 19^th September 2004;

(b) in a case where income support is paid to the claimant in advance, in accordance with paragraph 1(b) of Schedule 3A to the Decisions and Appeals Regulations, from the first day of the first benefit week commencing after 26^th September 2004.

Amendment of Schedule 3 to the Income Support Regulations

2.  In paragraph 12(1)(a) of Schedule 3 to the Income Support Regulations(7) (standard rate of interest on qualifying loans), for the words “5.59 per cent.” there shall be substituted the words “5.88 per cent.”.

Revocation and saving of the Income Support (General) (Standard Interest Rate Amendment) (No.2) Regulations 2004

3.  The Income Support (General) (Standard Interest Rate Amendment) (No.2) Regulations 2004(8) are hereby revoked save that those Regulations shall continue to have effect in relation to any particular claimant until these Regulations have effect in relation to that claimant.

Signed by authority of the Secretary of State for Work and Pensions.

Malcolm Wicks

Minister of State,

Department for Work and Pensions

23rd August 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend Schedule 3 to the Income Support (General) Regulations 1987 (S.I. 1987/1967), as substituted and amended, with respect to the standard rate of interest applicable to a loan which qualifies for income support under that Schedule to those Regulations. The new rate is 5.88 per cent. (regulation 2). These Regulations also revoke, with a saving provision, regulations which made the previous amendment to that standard rate of interest (regulation 3).

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.

(1)

1992 c. 4; section 137(1) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed”. Section 175(1) and (4) was amended by the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2).

(2)

See section 173(1)(b) of the Social Security Administration Act 1992 (c. 5).

(3)

S.I. 1999/991.

(4)

S.I. 1987/1967.

(5)

The definition of “benefit week” was amended by S.I. 1988/1445.

(6)

Schedule 3A was inserted by S.I. 2000/1596.

(7)

Schedule 3 is substituted by S.I. 1995/1613; the relevant amending instrument is S.I. 2004/1520.

(8)

S.I. 2004/1520.