The Income Support (General) Amendment Regulations 1988

Made: 30th March 1988

Coming into force: 11th April 1988

Now, therefore, the Secretary of State for Social Services, in exercise of the powers conferred by sections 20(3)(d), (12)(b), (d) and (k), 21(1A), 22(1), (2), (4), (8) and (9), 23(5A) and 84(1) of the Social Security Act 1986[^f00001] and sections 166(1) to (3A) of the Social Security Act 1975[^f00002] and of all other powers enabling him in that behalf by this instrument, which is made before the end of a period of 12 months from the commencement of the enactments under which it is made, hereby makes the following Regulations:

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Income Support (General) Amendment Regulations 1988 and shall come into force on 11th April 1988.

• (2) In these Regulations “the General Regulations” means the Income Support (General) Regulations 1987[^f00003].

Amendment of regulation 2 of the General Regulations

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In regulation 2(1) of the General Regulations (interpretation) there shall be inserted after the definition of “terminal date” the following definition—

• “the Macfarlane Trust” means the charitable trust, established partly out of funds provided by the Secretary of State to the Haemophilia Society, for the relief of poverty or distress among those suffering from haemophilia;

Amendment of regulation 4 of the General Regulations

3

In regulation 4(2)(c) of the General Regulations (temporary absence from Great Britain) at the end there shall be added the following—

or (v) on the day on which the absence began he was, and had for the previous 28 weeks at least been, continuously incapable of work.

Amendment of regulation 5 of the General Regulations

4

In regulation 5(4) of the General Regulations (persons treated as engaged in remunerative work) after the word “applies” there shall be inserted the words “or applied”.

Amendment of regulation 6 of the General Regulations

5

In regulation 6(e) of the General Regulations (persons not treated as engaged in remunerative work) after the word “applies” there shall be inserted the words “or in respect of whom section 20(3) of the Act (conditions of entitlement to income support) has effect as modified by section 23A(b) of the Act[^f00004] (effect of return to work)”.

Amendment of regulation 8 of the General Regulations

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Amendment of regulation 10 of the General Regulations

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Amendment of regulation 16 of the General Regulations

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In regulation 16 of the General Regulations (circumstances in which a person is to be treated as being or not being a member of the household)—

• (a) in paragraph (1) for the words “where any of them” there shall be substituted the words “notwithstanding that any of them”;

• (b) in paragraph (2) at the end there Shall be added the words “unless that person has been a patient within the meaning of regulation 21(3) for a period in excess of 52 weeks and is not a member of a couple or of a polygamous marriage”;

• (c) in paragraph (3)(c) for the words “paragraph (a)” there shall be substituted the words “in any of sub-paragraphs (a) to (d)”;

• (d) in paragraph (5)—

• (i) for the words “and he” there shall be substituted the words “and who”;

• (ii) in sub-paragraph (b) for the words “residential accommodation” there shall be substituted the words “accommodation provided under any of the provisions referred to in any of sub-paragraphs (a) to (d) of the definition of residential accommodation in regulation 21(3)”.

Amendment of regulation 19 of the General Regulations

9

In regulation 19 of the General Regulations (applicable amounts for persons in residential care and nursing homes)—

• (a) for paragraph (1) there shall be substituted the follow paragraphs—

(1) Subject to regulation 22 (reduction of applicable amounts) where— (a) the claimant lives in a residential care home or nursing home; or (b) if the claimant is a member of a family, he and the members of his family live in such a home, his weekly applicable amount shall, except in a case to which regulation 21 (applicable amounts in special cases) or Part II of Schedule 4 (persons to whom regulation 19 does not apply) applies, be calculated in accordance with Part I of that Schedule. (1A) For the purposes of paragraph (1)(b) a claimant and the members of his family are to be taken as living in a residential care home or nursing home even during periods when one or more members of the family are temporarily absent from the home but only if the claimant or his partner is living in the home during any such period.

• (b) in paragraph (3)—

• (i) in the definition of “residential care home” for sub-paragraph (a)

there shall be substituted the following sub-paragraph—

(a) which is required to be registered under Part I of the Registered Homes Act 1984[^f00005] and is so registered; or

• and in sub-paragraph (b) at the beginning there shall be inserted the words “in England or Wales,”;

• (ii) in the definition of “temporary absence” at the beginning of sub-paragraph (a) there shall be inserted the words “in paragraph (2) or”.

Amendment of regulation 20 of the General Regulations

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For paragraph (1) of regulation 20 of the General Regulations (applicable amounts for persons in board and lodging accommodation and hostels) there shall be substituted the following paragraphs—

(1) Subject to regulation 22 (reduction of applicable amounts) where— (a) the claimant lives in board and lodging accommodation or a hostel; or (b) if the claimant is a member of a family, he and the members of his family live in such accommodation, his weekly applicable amount shall, except in a case to which regulation 21 (special cases) or Part II of Schedule 5 (persons to whom regulation 20 does not apply) applies, be calculated in accordance with Part I of that Schedule. (1A) For the purposes of paragraph (1)(b) claimant and the members of his family are to be taken as living in board and lodging accommodation or a hostel even during periods when one or more members of the family are temporarily absent from the accommodation but only if the claimant or his partner is living in the accommodation during any such period.

Amendment of regulation 22 of the General Regulations

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Amendment of regulation 24 of the General Regulations

12

In regulation 24 (treatment of charitable or voluntary payments)—

• (a) in paragraph (1) the words from and including “, other than one” to and including “applies,” shall be omitted;

• (b) for paragraph (5) there shall be substituted the following paragraph—

(5) This regulation shall not apply— (a) to a person to whom section 23 of the Act (trade disputes) applies or in respect of whom section 20(3) of the Act (conditions of entitlement to income support) has effect as modified by section 23A(b) of the Act (effect of return to work) or to a member of his family; (b) to a payment— (i) which is or is due to be made at regular intervals; (ii) to which regulation 44(2) (modifications in respect of children and young persons) applies; or (iii) made under the Macfarlane Trust.

Substitution of regulation 27 of the General Regulations

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For regulation 27 of the General Regulations (disregarding fractions) there shall be substituted the following regulation—

(27) Where any calculation under this Part results in a fraction of a penny that fraction shall, if it would be to the claimant’s advantage, be treated as a penny, otherwise it shall be disregarded.

Amendment of regulation 31 of the General Regulations

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In regulation 31(2) of the General Regulations (date on which income is treated as paid) for the words “it is paid” there shall be substituted the words “it is payable”.

Amendment of regulation 32 of the General Regulations

15

In regulation 32 of the General Regulations (calculation of weekly amount of income)—

• (a) in paragraph (1) the words “and regulation 34 (incomplete benefit weeks)”, shall be omitted;

• (b) in paragraph (4)(a) for the word “paid” there shall be substituted “payable”.

Omission of regulation 34 of the General Regulations

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Regulation 34 of the General Regulations (incomplete weeks of benefit) shall be omitted.

Amendment of regulation 35 of the General Regulations

17

In regulation 35(1)(d) of the General Regulations (earnings of employed persons) for the words from and including “, and for so long as” to the end there shall be substituted the words “section 23 of the Act (trade disputes) applies or in respect of whom section 20(3) of the Act (conditions of entitlement to income support) has effect as modified by section 23A(b) of the Act (effect of return to work).”.

Amendment of regulation 41 of the General Regulations

18

In regulation 41(3) of the General Regulations (capital treated as income) for the words “and for so long as it applies” there shall be substituted the words “or in respect of whom section 20(3) of the Act (conditions of entitlement to income support) has effect as modified by section 23A(b) of the Act (effect of return to work).”.

Amendment of regulation 42 of the General Regulations

19

In regulation 42 of the General Regulations (notional income)—

• (a) in paragraph (2) for the words “it would be so acquired” there shall be substituted the words “it could be expected to be acquired were an application made”;

• (b) in paragraph (4)—

• (i) at the beginning for the words “Any payment of income” there shall be substituted the words “Any payment of income, other than a payment of income made under the Macfarlane Trust,”;

• (ii) in Sub-paragraph (a)(ii) after the words “17(e) or 18(f) (housing costs)” there shall be inserted the words “or accommodation charge to the extent that it is met under regulation 19 or 20 (persons in residential care or nursing homes or in board and lodging accommodation or hostels)”.

Amendment of regulation 44 of the General Regulations

20

In regulation 44 of the General Regulations (modifications in respect of children and young persons), after paragraph (8) there shall be added the following paragraph—

(9) For the purposes of this regulation, a child or young person shall not be treated as present at his educational establishment on any day if on that day he spends the night with the claimant or a member of his household.

Amendment of regulation 48 of the General Regulations

21

For paragraph (6) of regulation 48 (income treated as capital) there shall be substituted the following paragraph—

(6) Paragraph (5) shall not apply to a person to whom section 23 of the Act (trade disputes) applies or in respect of whom section 20(3) of the Act (conditions of entitlement to income support) has effect as modified by section 23A(b) (effect of return to work).

Amendment of regulation 51 of the General Regulations

22

In regulation 51 of the General Regulations (notional capital)—

• (a) in paragraph (2) for the words “it would be so acquired” there shall be substituted the words “it could be expected to be acquired were an application made”;

• (b) in paragraph (3)—

• (i) at the beginning for the words “Any payment of capital” there shall be substituted the words “Any payment of capital, other than a payment of capital made under the Macfarlane Trust,”;

• (ii) in sub-paragraph (a)(ii) after the words “17(e) or 18(f) (housing costs)” there shall be inserted the words “or accommodation charge to the extent that it is met under regulation 19 or 20 (persons in residential care or nursing homes or in board and lodging accommodation or hostels);”;

• (c) after paragraph (6) there shall be added the following paragraph—

(7) For the avoidance of doubt a claimant is to be treated as possessing capital under paragraph (1) only if the capital of which he has deprived himself is actual capital.

Amendment of regulation 54 of the General Regulations

23

In regulation 54 of the General Regulations (liable relatives) in the definition of “payment” for the words “it would be so acquired” there shall be substituted the words “it could be expected to be acquired were an application made”.

Amendment of regulation 62 of the General Regulations

24

In regulation 62 of the General Regulations (calculation of grant income)—

• (a) in paragraph (3) after the words “grant income” there shall be inserted the words “, except any amount intended for the maintenance of dependants under Part 3 of Schedule 2 to the Education (Mandatory Awards) Regulations 1987[^f00007] or intended for an older student under Part 4 of that Schedule,”;

• (b) after paragraph (3) there shall be inserted the following paragraph—

(3A) Any amount intended for the maintenance of dependants or for an older student under the provisions referred to in paragraph (3) shall be apportioned equally over a period of 52 weeks or, if there are 53 benefit weeks (including part-weeks) in the year, 53.

Amendment of regulation 71 of the General Regulations

25

In regulation 71 of the General Regulations (applicable amount in urgent cases)—

• (a) in paragraph (1)(a) for the words “sub-paragraph (b) or (c)” there shall be substituted the words “sub-paragraph (b), (c) or (d),”;

• (b) after paragraph (1)(c) there shall be added the following sub-paragraph—

(d) except where sub-paragraph (b) or (c) applies, in the case of a person to whom any paragraph, other than paragraph 17, in column (1) of Schedule 7 (special cases) applies, the amount shall be 90% of the amount applicable in column 2 of that Schedule in respect of the claimant and partner (if any), plus, if applicable— (i) any amount in respect of a child or young person who is a member of the family except a child or young person whose capital, if calculated in accordance.e with Part V in like manner as for the claimant, except where otherwise provided, would exceed £3,000; (ii) any premium under paragraph 9 or l0 of Schedule 2; and (iii) any housing costs under regulation 17(e) or 18(f).

• (c) after paragraph (2) there shall be added the following paragraph—

(3) Where the calculation of a claimant’s applicable amount under this regulation results in a fraction of a penny that fraction shall be treated as a penny.

Amendment of regulation 72 of the General Regulations

26

In regulation 72(1)(a) of the General Regulations (assessment of income and capital in urgent cases) after the words “any income” there shall be inserted the words “, other than income-disregarded under paragraph 39 of Schedule 9 (income to be disregarded),”.

Insertion of Part VII into the General Regulations

27

After Part VI of the General Regulations (urgent cases) there shall be inserted the following Part—