The National Health Service (Travelling Expenses and Remission of Charges) (Wales) (Amendment) Regulations 2009

Amendment of Schedule 1 to the principal Regulations, Table A

3.  In Schedule 1 to the principal Regulations (Modifications of the Income Support (General) Regulations 1987(1)) , Table A—

(a) in column (2) of the entry relating to regulation 40 (calculation of income other than earnings), insert at the end—

• “For paragraph (6) substitute the following paragraphs—

  “(6) Where—

  (a) the claimant is a member of a couple or a polygamous marriage;

  (b) the claimant or the claimant’s partner (or either or any of them if the claimant has more than one partner) is receiving a contributory employment and support allowance; and

  (c) that benefit has been reduced under regulation 63 of the Employment and Support Allowance Regulations 2008(2),

  that reduction will not affect the amount of benefit that is to be taken into account.

  (6A) Where—

  (a) the claimant is a single claimant or a lone parent;

  (b) the claimant is receiving a contributory employment and support allowance; and

  (c) that benefit has been under regulation 63 of the Employment and Support Allowance Regulations,

  that reduction will not affect the amount of the benefit that is to be taken into account.””; and

(b) in column (2) of the entry relating to Schedule 8 (sums to be disregarded in the calculation of earnings), after the second entry for paragraph 4 insert—

• “After paragraph 4 insert—

  “4A.— (1) Income is disregarded under this sub-paragraph where—

  (a) the claimant is undertaking work which falls within the categories in paragraphs (2) to (4) of regulation 45 of the Employment and Support Allowance Regulations;

  (b) the partner of a claimant is in receipt of employment and support allowance and is undertaking work which falls within the categories in paragraphs (2) to (4) of regulation 45 of the Employment and Support Allowance Regulations but paragraph (c) is not applicable; or

  (c) both a claimant and the partner of the claimant are in receipt of employment and support allowance and both are undertaking work which falls within the categories in paragraphs (2) to (4) of regulation 45 of the Employment and Support Allowance Regulations.

  (2) Where sub-paragraph (1)(a) or (b) applies, income is disregarded to the same extent as it would be disregarded under regulations 5 and 6 of Schedule 7 to the Employment and Support Allowance Regulations.

  (3) Where sub-paragraph (1)(c) applies, the aggregate income of the claimant and the partner is disregarded to the same extent as it would be disregarded under paragraphs 5 and 6 of that Schedule in the case of an individual.

  (4) The other disregards in paragraphs 4 to 9 are not applicable where income is disregarded under this paragraph.

  (5) In this paragraph “employment and support allowance” means an employment and support allowance under Part 1 of the Welfare Reform Act.””.

(1)

S.I. 1987/1967; relevant amendments made by S.I. 2008/1554 and 2568 (W.226).

(2)

See the definition of “the Employment and Support Allowance Regulations” in regulation 2(1) of S.I. 1987/1967 as inserted by S.I. 2008/1554.