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PART 3AMENDMENTS TO SECONDARY LEGISLATION

Amendments to the Income Support (General) Regulations 1987

7.—(1) The Income Support (General) Regulations 1987(1) are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a)in the definition of “qualifying person” after “the Skipton Fund(2)” insert “, the Caxton Foundation”; and

(b)after the definition of “terminal date” insert–

“the Caxton Foundation” means the charitable trust of that name established on 28th March 2011 out of funds provided by the Secretary of State for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions;.

(3) In regulation 21AA(3) (special cases: supplemental – persons from abroad) omit paragraph (4)(f)(i).

(4) For regulation 42(1) (notional income), substitute—

(1) A claimant is to be treated as possessing income of which the claimant has deprived themselves for the purpose of securing entitlement to income support or increasing the amount of that benefit, or for the purpose of securing entitlement to, or increasing the amount of a jobseeker’s allowance or an employment and support allowance..

(5) In regulations 42(4ZA)(a)(4) and 48(10)(c) (income treated as capital), paragraph 18(8)(b) of Schedule 3 (housing costs), paragraphs 21(2) and 39(1) of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) and paragraph 29 of Schedule 10 (capital to be disregarded), after “MFET Limited” insert “, the Skipton Fund, the Caxton Foundation”.

(6) In regulation 51(3A)(a)(5) (notional capital), paragraph 39(7) of Schedule 9 and paragraph 22(1) and (7) of Schedule 10, after “the Skipton Fund” insert “, the Caxton Foundation”.

(7) In paragraph 13A(1A) of Schedule 2(6) (applicable amounts: enhanced disability premium) after “claimant” insert “or partner”.

(8) In paragraph 11 of Schedule 9 and paragraph 63 of Schedule 10—

(a)in sub-paragraph (1), after paragraph (a)(iii) omit “or”;

(b)in sub-paragraph (1), after paragraph (b) add–

; or

(c)in England, by way of financial assistance made pursuant to section 14 of the Education Act 2002.; and

(c)in sub-paragraph (2), after “education maintenance allowance” insert “or other payment”.

(2)

The definition of “the Skipton Fund” was inserted by regulation 2 of S.I. 2004/1141.

(3)

Regulation 21AA was inserted by regulation 6(3) of S.I. 1026/2006 and paragraph (4)(f) was substituted by regulation 2 of S.I. 2006/3341.

(4)

Paragraph (4ZA) was inserted by regulation 2(2) of S.I. 1998/2117.

(5)

Paragraph (3A) was inserted by regulation 3(2) and (3)(c) of S.I. 1998/2117.

(6)

Paragraph 13A was inserted by regulation 2(c)(ii) of S.I. 2000/2629. Sub-paragraph (1A) was inserted by regulation 3(5)(a) of S.I. 2011/674.