1989 No. 2388
The Social Fund Cold Weather Payments (General) Amendment Regulations 1989
Made
Laid before Parliament
Coming into force
The Secretary of State for Social Security in exercise of the powers conferred by sections 32(2A) and 84(1) of the Social Security Act 19861 and section 166(1) to (3A) of the Social Security Act 19752 and of all other powers enabling him in that behalf, after agreement by te Social Security Advisory Committee that proposals to make the Regulations should not be referred to it3, hereby makes the following Regulations:
Citation, commencement and interpretation1
1
These Regulations may be cited as the Social Fund Cold Weather Payments (General) Amendment Regulations 1989 and shall come into force on 1st January 1990.
2
In these Regulations “the principal Regulations” means the Social Fund Cold Weather Payments (General) Regulations 19884.
Substitution of regulation 4 of the principal Regulations2
For regulation 4 of the principal Regulations (effect and calculation of capital) there shall be substituted the following regulation —
Effect and calculation of capital4
1
Where a claimant is aged —
a
60 or over and has capital which is in excess of £1,000; or
b
under 60 and has capital which is in excess of £500, a payment in respect of a period of cold weather which, but for this regulation, would be payable shall be payable only if, and to the extent that, the amount of the payment is more than the excess.
2
For the purposes of paragraph (1) —
a
any capital possessed by any person whose capital is, for the purposes of entitlement to income support, treated as that of the claimant by virtue of section 22(5) of the Act or the provisions of regulation 23(3) of the General Regulations (calculation of income and capital) shall be treated a that of the claimant; and
b
any capital shall be calculated in the same manner as the claimant’s capital is calculated under the General Regulations for the purposes of determining his entitlement to income support.
Amendment to the Schedule to the principal Regulations3
In the Schedule to the principal Regulations —
a
in paragraph 3 (Aughton), column (2), for the words “Bowland-with-Leagrain” there shall be substituted the words “Bowland with Leagram”;
b
in paragraph 20 (Easthampstead), column (2), the words “In the County of SURREY” to the end of the paragraph shall be deleted;
c
in paragraph 24 (Exeter), column (2), delete the existing paragraph and insert the following —
In the county of CORNWALL Comprises: Part District of CARADON Consisting of the parishes of: Callington, Calstock, Linkinhorne, Liskeard, Menheniot, St Cleer, St Dominick, St Ive, St Mellion, St Neot, South Hill, Warleggan.
Part District of NORTH CORNWALL Consisting of the parishes of: Advent, Altarnun, Blisland, Boyton, Bude Stratton, Camelford, Cardinham, Davidstow, Egloskerry, Forrabury and Minster, Helland, Jacobstow, Kilkhampton, Laneast, Launcells, Launceston, Lawhitton Rural, Lesnewth, Lewannick, Lezant, Marhamchurch, Michaelstow, Morwenstow North Hill, North Petherwin, North Tamerton, Otterham, Poundstock, St Breward, St Clether, St Endellion, St Gennys, St Juliot, St Kew, St Mabyn, St Minver Highlands, St Minver Lowlands, St Stephens by Launceston Rural, St Teath, St Thomas the Apostle Rural, St Tudy, South Petherwin, Stoke Climslad, Tintagel, Tremaine, Treneglos, Tresmeer, Trevalga, Trewen, Warbstow, Week St Mary, Werrington, Whitstone. In the County of Devon
Comprises:The City of EXETER
The Borough of TORBAY
The District of EAST DEVON
The District of MID DEVON
The District of TEIGNBRIDGE
Part Borough of WEST DEVON
Consisting of the parishes of: Ashbury, Beaworthy, Belstone, Bondleigh, Bratton Clovelly, Bridestowe, Broadwoodkelly, Chagford, Drewsteignton, Exbourne, Germansweek, Gidleigh, Hatherleigh, Highampton, Iddesleigh, Inwardleigh, Jacobstowe, Kelly and Bradstone, Lewdon, Linton, Meeth, Monkokehampton Northlew, North Tawton, Okehampton, Okehampton Hamlets, Sampford Courtenay, Sourton, South Tawton, Spreyton, Stowford, Throwleigh.
Part District of SOUTH HAMS
Consisting of the parishes of: Ashprington, Berry Pomeroy, Cornworthy, Dartington, Dartmouth, Dean Prior, Diptford, Dittisham, Halwell, Harberton, Holne, Kingswear, Littlehempston, Marldon, Moreleigh, North Huish, Rattery, South Brent, Staverton, Stoke Gabriel, Totnes, West Buckfastleigh.
Part District of TORRIDGE
Consisting of the parishes of: Abbots Bickington, Ashwater, Black Torrington, Bradford, Bradworthy, Bridgerule, Broadwoodwidger, Clawton, Cookbury, Halwill, Hollacombe, Holsworthy, Holsworthy Hamlets, Luffincott, Milton Damerel, Northcott, Pancrasweek, Pyworthy, St Giles on the Heath, Sutcombe, Tecott, Thornbury, Virginstow, West Putford.
d
in paragraph 25 (Finningley), column (2), after the words “The Borough of BARNSLEY” the words “except that part consisting of the areas of Darton and Woolley Colliery” shall be deleted;
e
in paragraph 27 (Gatwick Airport), column (2) —
i
in the reference to the County of Surrey, the words “The Borough of Surrey Heath” shall be inserted after the words “The Borough of Runnymede”;
ii
after the words “Part Borough of ELMBRIDGE Consisting of the”, the word “areas” shall be deleted and there shall be substituted the word “towns”;
iii
the words “Part Borough of Surrey Heath” to “Windlesham” shall be deleted;
f
in paragraph 29 (Heathrow Airport), column (2) —
i
after the words “Part District of EPPING FOREST Consisting of the”, the word “areas” shall be deleted and there shall be substituted the word “parishes”;
ii
the words after “Part Borough of ELMBRIDGE” to “Old Esher Urban District Council” shall be deleted and there shall be substituted the words “Except the towns of Walton-on-Thames, Weybridge”;
g
in paragraph 34 (Leeds Weather Centre), column (2) —
i
after the words “Wintringham, Yedingham” from the words “In the County of SOUTH YORKSHIRE” to the words “Darton and Woolley Colliery” shall be deleted;
ii
the words “the City of Wakefield” shall be deleted and there shall be substituted the words “Wakefield Metropolitan District”;
h
paragraph 45 (Okehampton), column (1) and (2) shall be deleted in its entirety.
Signed by authority of the Secretary of State for Social Security.
(This note is not part of the Regulations)