Statutory Instrument 1994 No. 3061

The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 6) Regulations 1994

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© Crown Copyright 1994

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1994 No. 3061

SOCIAL SECURITY

The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 6) Regulations 1994

The Secretary of State for Social Security, in exercise of the powers conferred upon him by sections 135(1) and (6), 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, it having appeared to him that by reason of the urgency of the matter it is inexpedient to consult with organisations appearing to him to be representative of the authorities concerned^[2] or to refer proposals to make these Regulations to the Social Security Advisory Committee^[3], hereby makes the following Regulations:

Citation and commencement
    1.    These Regulations may be cited as the Income-related Benefits Schemes (Miscellaneous Amendments) (No. 6) Regulations 1994 and shall come into force on 2nd December 1994.

Amendment of the Income Support (General) Regulations 1987
    2.—(1)  The Income Support (General) Regulations 1987^[4] shall be amended in accordance with the following paragraphs.

    (2)  In regulation 3(1) (definition of non-dependant) at the end there shall be added the words "or with whom a claimant normally resides.".

    (3)  In paragraph 13(2)(a)(ii) and 13(2)(b)(iii) of Schedule 2 (severe disability premium) for the words "residing with him" there shall be substituted the words "normally residing with him or with whom he is normally residing,".

Amendment of the Council Tax Benefit (General) Regulations 1992
    3.—(1)  The Council Tax Benefit (General) Regulations 1992^[5] shall be amended in accordance with the following paragraphs.

    (2)  In regulation 3(1) (definition of non-dependant) at the end there shall be added the words "or with whom a claimant normally resides.".

    (3)  In paragraph 14(2)(a)(ii) and 14(2)(b)(iii) of Schedule 1 (severe disability premium) for the words "residing with him" there shall be substituted the words "normally residing with him or with whom he is normally residing,".

Amendment of the Housing Benefit (General) Regulations 1987
    4.—(1)  The Housing Benefit (General) Regulations 1987^[6] shall be amended in accordance with the following paragraphs.

    (2)  In regulation 3(1) (definition of non-dependant) at the end there shall be added the words "or with whom a claimant normally resides.".

    (3)  In paragraph 13(2)(a)(ii) and 13(2)(b)(iii) of Schedule 2 (severe disability premium) for the words "residing with him" there shall be substituted the words "normally residing with him or with whom he is normally residing,".

Signed by authority of the Secretary of State for Social Security.

William Hague

Minister of State,
Department of Social Security

1st December 1994

These Regulations amend the definition of non-dependant in the Income Support (General) Regulations 1987 (S. I.1987/1967) the Council Tax Benefit (General) Regulations 1992 (S. I.1992/1814) and the Housing Benefit (General) Regulations 1987 (S. I.1987/1971) and the conditions to be satisfied for a claimant for those benefits to be entitled to a severe disability premium.

The Regulations do not impose a charge on businesses.

[1] 1992 c. 4; section 137(1) is an interpretation provision and is cited because of the meaning ascribed to the word "prescribed". back

[2] See section 176(2)(a) of the Social Security Administration Act 1992 (c. 5). back

[3] See section 173(1)(a) Social Security Administration Act 1992 (c. 5). back

[4] S.I. 1987/1967; relevant amending instruments S.I. 1988/663, 1989/534, 1678, 1991/2334, 2742, 1993/1150 and 2119. back

[5] S.I. 1992/1814; relevant amending instrument S.I. 1993/1150, 2118. back

[6] S.I. 1987/1971; relevant amending instruments S.I. 1989/416, 1990/546 and 1775. back