SCHEDULE 1AMENDMENTS TO THE INCOME SUPPORT REGULATIONS

Regulation 2

1

In regulation 2A15 (disapplication of section 1(1A) of the Administration Act) paragraph (a) shall be omitted.

2

In regulation 17(1)16 (applicable amounts) –

a

sub-paragraphs (b)17 (amount in respect of children and young persons) and (c) (family premium) shall be omitted, and

b

in sub-paragraph (bb)18 for “or, if he is a member of a family, an amount in respect of any member of the family aged 16 or over” there shall be substituted “or, if he is a member of a couple, an amount in respect of both of them”.

3

In regulation 18(1)19 (polygamous marriages) –

a

sub-paragraphs (c)20 (amount in respect of children or young persons) and (d) (family premium) shall be omitted, and

b

in sub-paragraph (cc)21 for “any member of his household aged 16 or over” there shall be substituted “any partner of the polygamous marriage”.

4

In regulation 21(special cases) –

a

in paragraph (1)22 the words from “; but no amount shall” to the end of that paragraph shall be omitted, and

b

in paragraph (2) omit “, 3”.

5

In regulation 21A(3)23 (treatment of refugees) for “dependants” there shall be substituted “partner”.

6

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

a

in paragraph (1)24 –

i

for the words from “Subject” to “of the Order” there shall be substituted “Subject to paragraph (4), the income and capital of a claimant’s partner which by virtue of section 132 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)25 “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) “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.

7

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

8

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

a

in paragraph (1)26 for the words after “income under” to the end of that paragraph there shall be substituted “regulation 41 (capital treated as income)”;

b

in paragraph (4)(b)27 for “dependants” there shall be substituted “partner”.

9

Regulation 41(3)28 (capital treated as income) shall be omitted.

10

In regulation 42 (notional income) –

a

paragraph (2)(d)29 shall be omitted;

b

in paragraph (2)(e)30 for “working families' tax credit” there shall be substituted “working tax credit”;

c

in paragraph 2(f)31 for “disabled person’s tax credit” there shall be substituted “child tax credit”;

d

paragraph (2D)32 shall be omitted;

e

in paragraph (4)(a)33 –

i

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

ii

in head (i)34 for “or by that member, if it is paid to any member of that family” there shall be substituted “or by his partner, if it is paid to his partner”;

iii

in head (ia)35 for “that member” there shall be substituted “the claimant’s partner”;

iv

in head (ii)36 for “or by that member” there shall be substituted “or his partner” and for “of any member of that family” there shall be substituted “of his partner”;

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)37 for “any member of his family” there shall be substituted “his partner (if any)”;

h

in paragraph (4A)38 for the words after “the cost of maintaining the claimant” to the end of that paragraph there shall be substituted “or his partner in that home shall be treated as possessed by the claimant or his partner”.

11

Regulation 4439 (modifications in respect of children and young persons) and regulation 47 (disregard of capital of child or young person) shall be omitted.

12

In regulation 48 (income treated as capital) –

a

paragraphs (8)40 and (10)(b)41 shall be omitted, and

b

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

13

In regulation 51 (notional capital) –

a

in paragraph (3)(a)42 –

i

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

ii

in head (i)43 for “or by that member if it is paid to any member of the family” there shall be substituted “or by his partner, if it is paid to his partner”;

iii

in head (ia)44 for “that member” there shall be substituted “the claimant’s partner”, and

iv

in head (ii)45 for “or by that member” there shall be substituted “or his partner” and for “of any member of that family” there shall be substituted “of his partner”;

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)46 for “any member of his family” there shall be substituted “his partner (if any)”.

14

In regulation 54 (liable relatives interpretation) in the definition of “payment”47 paragraph (d) shall be omitted.

15

In regulation 57 (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 “by the aggregate”;

b

in paragraph (2) for

is less than –

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, the aggregate

there shall be substituted “is less than the aggregate” and for “referred to in sub-paragraph (a) or (b), as the case may be,” there shall be substituted “as calculated under this paragraph”;

c

paragraph (1)(b)48 and (2)(b)49 and “or” after paragraph (2)(a) shall be omitted, and

d

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

16

In regulation 62 (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)50 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 16(8) of the Education (Student Support) Regulations (Northern Ireland) 200251.

c

in paragraph (3)52 for “dependents” there shall be substituted “adult dependants” and “or intended for an older student under Part IV of that Schedule,” shall be omitted.

d

in paragraph (3A)53 for “dependants” in both places where it occurs there shall be substituted “an adult dependant”, and

e

in paragraph (3B)54 for “dependents” there shall be substituted “an adult dependant”.

17

In regulation 66B(3)55 (treatment of payments from access funds) and in regulation 68(3)56 (income treated as capital) for “any other member of his family” there shall be substituted “his partner”.

18

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

a

sub-paragraphs (a)(ii)57, (c)(ii)58 and (d)(i)59 shall be omitted, and

b

in sub-paragraphs (a)(iii)60 and (d)(ii)61 “II or” shall be omitted.

19

In Schedule 1B62 (prescribed categories of person) –

a

in paragraphs 14A(1)(c)63 (parental leave) and 14B(2)(b)64 (paternity leave) after “disabled person’s tax credit” there shall be inserted “, 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 “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 200265 or in any other case, the amount specified in regulation 7(3)(b) of those Regulations”.

20

In Schedule 2 (applicable amounts) –

a

paragraphs 266 (amounts for child or young person), 367 (family premium), 6(1)(c)68 (premiums) and 1469 (disabled child premium) shall be omitted;

b

in paragraph 12(1)(a)(i)70 (additional condition for the higher pensioner and disability premiums) for “disabled person’s tax credit” there shall be substituted “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 200271”;

c

in paragraph 13A72 (enhanced disability premium) –

i

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

ii

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

d

in paragraph 1573 (weekly amounts of premiums specified in Part III) sub-paragraph (6) (disabled child premium) in columns (1) and (2) and sub-paragraph (8)(a) (enhanced disability premium) in Column (2) shall be omitted.

21

In Schedule 7 (applicable amounts in special cases) –

a

in paragraph 1(b)74 in Column (2) for the words after “any amounts applicable to him under” to the end of that sub-paragraph there shall be substituted “regulation 17(1)(e), (f) or (g);”;

b

in paragraph 1(c)(ii)75 in Column (2) for the words after “any amounts which may be applicable under” to the end of that sub-paragraph there shall be substituted “regulation 17(1)(e), (f) or (g);”;

c

in paragraph 1(d)(ii)76 in Column (2) for the words from “regulation 18(1)(c)” to “Schedule 2” there shall be substituted “regulation 18(1)(f), (g) or (h)”;

d

paragraph 377 in Columns (1) and (2) shall be omitted;

e

paragraph 10C(a)78 and “and” which follows that sub-paragraph in Column (2) shall be omitted;

f

in paragraph 10C(b)79 in Column (2) for the words from “under regulation” to the end of that sub-paragraph there shall be substituted “under regulation 17(1)(e), (f) or (g)”;

g

in paragraph 1380, sub-paragraph (1)(d) in Columns (1) and (2) shall be omitted;

h

for paragraph 14A(a)81 and (b) in Column (2) there shall be substituted –

14A

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.

22

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

a

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

b

paragraph 1582 shall be omitted.

23

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

a

after paragraph 5 there shall be inserted the following paragraph83 –

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 paragraph 2584 –

i

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

ii

sub-paragraph (2) 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 6885, for “any working families' tax credit or disabled person’s tax credit to which section 127 or as the case may be 128 of the Contributions and Benefits Act refers” there shall be substituted “any working tax credit”.

24

In Schedule 10 (capital to be disregarded) –

a

in paragraph 7(1)(b)86 after “the Family Income Supplements Act (Northern Ireland) 1971” there shall be inserted “, 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 2087, “, 44(1)” and “, modifications in respect of children and young persons” shall be omitted.