The Income Support (General) Regulations 1987

Changes to legislation:

There are currently no known outstanding effects for the The Income Support (General) Regulations 1987, Paragraph 14.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

[F1 Linking ruleE+W+S

14.—(1) F2...For the purposes of this Schedule—

(a)a person shall be treated as being in receipt of income support during the following periods—

(i)any period in respect of which it was subsequently [F3determined] that he was entitled to income support; and

(ii)any period of 12 weeks or less [F4or, as the case may be, 52 weeks or less,] in respect of which he was not in receipt of income support and which fell immediately between periods in respect of which F5...;

[F6(aa)he was, or was treated as being, in receipt of income support,

(bb)he was treated as entitled to income support for the purpose of sub-paragraph (5) or (5A) , or

(cc)(i) above applies;]

(b)a person shall be treated as not being in receipt of income support during any period other than a period to which (a)(ii) above applies in respect of which it is subsequently [F7determined] that he was not so entitled;

(c)where—

(i)the claimant was a member of a couple or a polygamous marriage; and

(ii)his partner was, in respect of a past period, in receipt of income support for himself and the claimant; and

(iii)the claimant is no longer a member of that couple or polygamous marriage; and

(iv)the claimant made his claim for income support within twelve weeks [F8or, as the case may be, 52 weeks,] of ceasing to be a member of that couple or polygamous marriage,

he shall be treated as having been in receipt of income support for the same period as his former partner had been or had been treated, for the purposes of this Schedule, as having been;

(d)where the claimant’s partner’s applicable amount was determined in accordance with paragraph 1(1) (single claimant) or paragraph 1(2) (lone parent) of Schedule 2 applicable amounts) in respect of a past period, provided that the claim was made within twelve weeks [F9or, as the case may be, 52 weeks,] of the claimant and his partner becoming one of a couple or polygamous marriage, the claimant shall be treated as having been in receipt of income support for the same period as his partner had been or had been treated, for the purposes of this Schedule, as having been;

(e)where the claimant is a member of a couple or a polygamous marriage and his partner was, in respect of a past period, in receipt of income support for himself and the claimant, and the claimant has begun to receive income support as a result of an election by the members of the couple or polygamous marriage, he shall be treated as having been in receipt of income support for the same period as his partner had been or had been treated, for the purposes of this Schedule, as having been;

[F10(ee)where the claimant—

(i)is a member of a couple or a polygamous marriage and the claimant’s partner was, immediately before the participation by any member of that couple or polygamous marriage in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996[F11, in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations F12...], in receipt of income support and his applicable amount included an amount for the couple or for the partners of the polygamous marriage; and

(ii)has, immediately after that participation in that programme, begun to receive income support as a result of an election under regulation 4(3) of the Social Security (Claims and Payments) Regulations 1987 by the members of the couple or polygamous marriage,

the claimant shall be treated as having been in receipt of income support for the same period as his partner had been or had been treated, for the purposes of this Schedule, as having been;]

(f)where—

(i)the claimant was a member of a family of a person (not being a former partner) entitled to income support and at least one other member of that family was a child or young person; and

(ii)the claimant becomes a member of another family which includes that child or young person; and

(iii)the claimant made his claim for income support within 12 weeks [F13or, as the case may be, 52 weeks,] of the date on which the person entitled to income support mentioned in (i) above ceased to be so entitled,

the claimant shall be treated as being in receipt of income support for the same period as that person had been or had been treated, for the purposes of this Schedule, as having been.

F14(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) For the purposes of this Schedule, where a claimant has ceased to be entitled to income support because he or his partner is participating in arrangements for training made under section 2 of the Employment and Training Act 1973 or attending a course at an employment rehabilitation centre established under that section [F15or under the Enterprise and New Towns (Scotland) Act 1990], he shall be treated as if he had been in receipt of income support for the period during which he or his partner was participating in such arrangements or attending such a course.

[F16(3ZA) For the purposes of this Schedule, a claimant who has ceased to be entitled to income support because—

(a)that claimant or his partner was participating in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996 [F17, in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those RegulationsF18...] [F19or in an employment zone scheme]; and

(b)in consequence of such participation the claimant or his partner was engaged in remunerative work or had an income in excess of the claimant’s applicable amount as prescribed in Part IV,

shall be treated as if he had been in receipt of income support for the period during which he or his partner was participating in that programme [F20or activity].]

[F21(3A) Where, for the purposes of sub-paragraphs [F22(1), (3) and (3ZA)], a person is treated as being in receipt of income support, for a certain period, he shall[F23, subject to sub-paragraph (3AA),] be treated as being entitled to income support for the same period.]

F24(3AA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F25(3B) For the purposes of this Schedule, in determining whether a person is entitled to or to be treated as entitled to income support, entitlement to a contribution-based jobseeker’s allowance immediately before a period during which that person or his partner is participating in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996 [F26, in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations F27...] shall be treated as entitlement to income support for the purposes of any requirement that a person is, or has been, entitled to income support for any period of time.]

(4) For the purposes of this Schedule, sub-paragraph (5) applies where a person is not entitled to income support by reason only that he has—

(a)capital exceeding [F28£16,000]; or

(b)income [F29equal to or] exceeding the applicable amount which applies in his case, or

(c)both capital exceeding [F30£16,000] and income exceeding the applicable amount which applies in his case.

(5) A person to whom sub-paragraph (4) applies shall be treated as entitled to income support throughout any period of not [F31more] than 39 weeks which comprises only days—

(a)on which he is entitled to unemployment benefit, [F32a contribution-based jobseeker’s allowance,] statutory sick pay [F33, incapacity benefit or contributory employment and support allowance] ; or

(b)on which he is, although not entitled to any of the benefits mentioned in head (a) above, entitled to be credited with earnings equal to the lower earnings limit for the time being in force in accordance with [F34regulation 8A or 8B] of the Social Security (Credits) Regulations 1975; or

(c)in respect of which the claimant is treated as being in receipt of income support.

[F35(5A) Subject to sub-paragraph (5B), a person to whom sub-paragraph (4) applies and who is either a person to whom [F36paragraph 4 or 5 of Schedule 1B (persons caring for another person) applies] or a lone parent shall, for the purposes of this Schedule, be treated as entitled to income support throughout any period of not more than 39 weeks following the refusal of a claim for income support made by or on behalf of that person.]

[F35(5B) Sub-paragraph (5A) shall not apply in relation to a person mentioned in that sub-paragraph who, during the period referred to in that sub-paragraph—

(a)is engaged in, or is treated as engaged in, remunerative work or whose partner is engaged in, or is treated as engaged in, remunerative work;

[F37(b)is a [F38full-time student], other than one who would qualify for income support under regulation 4ZA(3) (prescribed categories of person);]

(c)is temporarily absent from Great Britain, other than in the circumstances specified in regulation 4(2) and (3) (temporary absence from Great Britain).]

(6) In a case where—

(a)[F39sub-paragraphs (5) and (5A) apply] solely by virtue of sub-paragraph (4)(b); and

(b)the claimant’s income includes payments under a policy taken out to insure against the risk that the policy holder is unable to meet [F40any payment which qualifies under paragraph 17],

[F41sub-paragraphs (5) and (5A)] shall have effect as if for the words “throughout any period of not [F42more] than 39 weeks" there shall be substituted the words “throughout any period that payments are made in accordance with the terms of the policy".

F43(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) This sub-paragraph applies—

(a)to a person who claims income support, or in respect of whom income support is claimed, and who—

(i)received payments under a policy of insurance taken out to insure against loss of employment, and those payments are exhausted; and

(ii)had a previous award of income support where the applicable amount included an amount by way of housing costs; and

(b)where the period in respect of which the previous award of income support was payable ended not more than 26 weeks before the date the claim was made.

(9) Where sub-paragraph (8) applies, in determining—

F44(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)for the purposes of paragraph 8(1) whether a claimant has been [F45entitled to] income support for a continuous period of 39 weeks or more,

any week falling between the date of the termination of the previous award and the date of the new claim shall be ignored.

[F46(10) In the case of a person who is a welfare to work beneficiary, the references in sub-paragraphs (1)(a)(ii), [F47(1)(c)(iv),] (1)(d) and (1)(f)(iii) to a period of 12 weeks shall be treated as references to a period of [F48104 weeks].]

[F49(11) For the purposes of sub-paragraph (1)(a)(ii), (1)(c)(iv), (1)(d) and (1)(f)(iii), the relevant period shall be—

(a)52 weeks in the case of a person to whom sub-paragraph (12) applies;

(b)subject to sub-paragraph (10), 12 weeks in any other case.

(12) This sub-paragraph applies, subject to sub-paragraph (13), in the case of a person who, on or after 9th April 2001, has ceased to be entitled to income support because he or his partner—

(a)has commenced employment as an employed earner or as a self-employed earner or has increased the hours in which he is engaged in such employment;

(b)is taking active steps to establish himself in employment as an employed earner or as a self-employed earner under any scheme for assisting persons to become so employed which is mentioned in regulation 19(1)(r)(i) to (iii) of the Jobseeker’s Allowance Regulations 1996; or

(c)is participating in—

(i)a New Deal option;

(ii)an employment zone programme; or

(iii)the self-employment route; [F50or

(iv)the Intensive Activity Period specified in regulation 75(1)(a)(iv) of the Jobseeker’s Allowance Regulations 1996 F51...,]

and, as a consequence, he or his partner was engaged in remunerative work or had income [F52equal to or] in excess of the applicable amount as prescribed in Part IV.

(13) Sub-paragraph (12) shall only apply to the extent that immediately before the day on which the person ceased to be entitled to income support, his housing costs were being met in accordance with paragraph F53... 8(1)(a) or would have been so met but for any non-dependant deduction under paragraph 18.]

[F54(14) For the purpose of determining whether the linking rules set out in this paragraph apply in a case where a claimant’s former partner was entitled to state pension credit, any reference to income support in this Schedule shall be taken to include also a reference to state pension credit.]

[F55(15) For the purpose of determining whether the linking rules set out in this paragraph apply in a case where [F56a claimant, a claimant’s partner or] a claimant, a claimant’s partner or a claimant's former partner was entitled to income-related employment and support allowance, any reference to income support in this Schedule shall be taken to include also a reference to income-related employment and support allowance.]]

Textual Amendments

F1Sch. 3 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Income Support and Claims and Payments) Amendment Regulations 1995 (S.I. 1995/1613), reg. 1(1), Sch. 1

F2Words in Sch. 3 para. 14(1) omitted (11.4.2011) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/674), regs. 1(4), 3(6)(b)

F3Words in Sch. 3 para. 14(1)(a)(i) substituted (29.11.1999) by The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/3178), reg. 3(1)(a), Sch. 5 para. 9(b)(i) (with reg. 3(1)(b), Schs. 21-23)

F4Words in Sch. 3 para. 14(1)(a)(ii) inserted (9.4.2001) by The Social Security (Miscellaneous Amendments) Regulations 2001 (S.I. 2001/488), regs. 1(1), 6(a)(i)

F5Words in Sch. 3 para. 14(1)(a)(ii) omitted (with effect in accordance with reg. 1(6) of the amending S.I.) by virtue of The Income-related Benefits Schemes and Social Fund (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1944), regs. 1(1)(a), 6(10)(b) (with reg. 13)

F6Sch. 3 para. 14(1)(aa)(bb)(cc) inserted (with effect in accordance with reg. 1(6) of the amending S.I.) by The Income-related Benefits Schemes and Social Fund (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1944), regs. 1(1)(a), 6(10)(b) (with reg. 13)

F7Words in Sch. 3 para. 14(1)(b) substituted (29.11.1999) by The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/3178), reg. 3(1)(a), Sch. 5 para. 9(b)(ii) (with reg. 3(1)(b), Schs. 21-23)

F8Words in Sch. 3 para. 14(1)(c)(iv) inserted (9.4.2001) by The Social Security (Miscellaneous Amendments) Regulations 2001 (S.I. 2001/488), regs. 1(1), 6(a)(ii)

F9Words in Sch. 3 para. 14(1)(d) inserted (9.4.2001) by The Social Security (Miscellaneous Amendments) Regulations 2001 (S.I. 2001/488), regs. 1(1), 6(a)(iii)

F10Sch. 3 para. 14(1)(ee) inserted (5.1.1998) by The Social Security Amendment (New Deal) Regulations 1997 (S.I. 1997/2863), regs. 1(1), 16(3)(a)

F11Words in Sch. 3 para. 14(1)(ee)(i) inserted (9.4.2001) by The Social Security Amendment (New Deal) Regulations 2001 (S.I. 2001/1029), regs. 1(1), 14(b)(i)