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The Income Support (General) Amendment Regulations 1989

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Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Income Support (General) Amendment Regulations 1989 and shall come into force, in relation to a particular claimant, as follows–

(a)regulations 1, 2, 3, 6, 8 and 9 at the beginning of the first benefit week to commence for that claimant on or after 10th April 1989;

(b)regulation 7, on 10th April 1989 immediately after regulation 19 of the Income Support (General) Amendment No. 5 Regulations 1988(1) comes into force;

(c)regulations 4, 5, 10 and 11 at the beginning of the first benefit week to commence for that claimant on or after 9th October 1989.

(2) In paragraph (1) the expressions “benefit week” and “claimant” have the same meaning as in the General Regulations and in these Regulations “the General Regulations” means the Income Support (General) Regulations 1987(2).

Amendment of regulation 3 of the General Regulations

2.  In regulation 3 of the General Regulations (definition of non-dependant)–

(a)in paragraph (2)(d) for the words “liable to make payments” to the end there shall be substituted the words “liable to make payments to the claimant or the claimant’s partner or to whom or to whose partner the claimant or the claimant’s partner is liable to make payments, in respect of his occupation of the dwelling”;

(b)in paragraph (3) the words “in board and lodging accommodation or” shall be omitted;

(c)at the end of paragraph (4) there shall be added the words “but not if each person is separately liable to make payments in respect of his occupation of the dwelling to the landlord”.

Amendment of regulation 16 of the General Regulations

3.  In regulation 16(3)(c) and (5)(b) of the General Regulations (circumstances in which a person is treated as being or not being a member of the household) for the words “any of sub-paragraphs (a) to (d) of the definition of residential accommodation” there shall be substituted the words “any of sub-paragraphs (a) to (d) (excluding heads (i) to (iii) of sub-paragraph (d)) of the definition of residential accommodation”.

Amendment of regulation 71 of the General Regulations

4.  In regulation 71(1)(a)(iii) of the General Regulations (applicable amount in urgent cases) for the reference “paragraph 15(2)” there shall be substituted the reference “paragraph 15(2), (2A)”.

Amendment of Schedule 2 to the General Regulations

5.  In Schedule 2 to the General Regulations (applicable amounts)–

(a)for paragraph 9 there shall be substituted the following paragraphs–

Pensioner premium for persons under 75

9.  The condition is that the claimant–

(a)is a single claimant or lone parent aged not less than 60 but less than 75; or

(b)has a partner and is, or his partner is, aged not less than 60 but less than 75.

Pensioner premium for persons 75 and over

9A.  The condition is that the claimant–

(a)is a single claimant or lone parent aged not less than 75 but less than 80; or

(b)has a partner and is, or his partner is, aged not less than 75 but less than 80.;

(b)in paragraph 12(1)(c)(i) for the words “solely on account of the maximum age for this payment being reached” there shall be substituted the words “either on account of the maximum age for this payment being reached or the payment of a retirement pension under the Social Security Act”;

(c)in paragraph 15–

(i)for sub-paragraph (2) there shall be substituted the following sub-paragraphs–

(2) Pensioner premium for persons aged under 75–

(a)where the claimant satisfies the condition in paragraph 9(a);

(2) (a) £11.20;

(b)where the claimant satisfies the condition in paragraph 9(b);

(b)£17.05;

(2A) Pensioner premium for persons aged 75 and over–

(a)where the claimant satisfies the condition in paragraph 9A(a);

(2A) (a) £13.70;

(b)where the claimant satisfies the condition in paragraph 9A(b);

(b)£20.55;;

(ii)in sub-paragraph (3) for “£13.70” and “£19.50” there shall be substituted “£16.20” and “£23.00” respectively(3)

Amendment of paragraph 11 of Schedule 3 to the General Regulations

6.  In Schedule 3 to the General Regulations (housing costs)–

(a)in paragraph 4 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home)–

(i)in sub-paragraph (7)(c)(ii) for the reference “paragraph 9,” there shall be substituted the reference “paragraph 9, 9A,”;

(ii)in sub-paragraph (9)(b)(ii) after the words “(prevention, care and after-care)” there shall be inserted the words “where board is available to the claimant”;

(b)in paragraph 11 (non-dependant deductions)–

(i)in sub-paragraph (1) after the words “shall be made in respect of a non-dependant” there shall be inserted the words “or a person who lives in board and lodging accommodation”; and in head (a) of that sub-paragraph after the words “regulation 3(3) applies (non-dependants)” there shall be inserted the words “and in respect of a person who lives in board and lodging accommodation aged 18 or over”;

(ii)in sub-paragraph (2) after the words “remunerative work” there shall be inserted the words “and of a person who lives in board and lodging accommodation aged 18 or over in remunerative work”; and after the words “the non-dependant’s gross weekly income” there shall be inserted the words “or that of the person in board and lodging accommodation”.

Amendment of Schedule 3A to the General Regulations

7.  In Schedule 3A to the General Regulations (protected sum)–

(a)in paragraph 1(1)–

(i)for the definition of “eligible housing benefit” there shall be substituted the following definition–

  • “eligible housing benefit” means–

    (a)

    for the period of 7 consecutive days beginning on 3rd April 1989, the amount of housing benefit to which the claimant or his partner was entitled in that period which relates to the board and lodging accommodation normally occupied as the home by him or, if he has a partner, by him and his partner;

    (b)

    for the period of 7 consecutive days beginning on 10th April 1989 or, in a case to which paragraph 7(7)(b) applies, for the period of 7 consecutive days referred to in that paragraph, the amount of the claimant’s or his partner’s maximum housing benefit determined in accordance with regulation 61 of the Housing Benefit (General) Regulations 1987(4) (maximum housing benefit) which relates to that accommodation;;

(ii)at the end of the definition of “protected sum” there shall be added the words “to a claimant who in the first week is living in board and lodging accommodation or who or whose partner is temporarily absent in that week from that accommodation”;

(iii)for the definition of “protected total” there shall be substituted the following definition–

  • “protected total” means–

    (a)

    the total of the claimant’s applicable amount under regulation 20 (applicable amounts for persons in board and lodging accommodation) in the first week or, in a case to which paragraph 7(7) applies, if the protected person or any partner of his is temporarily absent from his accommodation in that week, the amount which would have fallen to be calculated under that regulation for that week as if there had been no temporary absence; and

    (b)

    the amount of any eligible housing benefit for the period of 7 consecutive days beginning 3rd April 1989;;

(iv)after the definition of “second week” there shall be added the following definition–

“third week” means the benefit week beginning on a day during the period of 7 days commencing on 17th April 1989.;

(b)in paragraph 2–

(i)for the words “Subject to the following provisions” there shall be substituted the words “Subject to sub-paragraph (2) and the following paragraphs”;

(ii)in sub-paragraph (b) after the words “the period” there shall be inserted the words “of 7 consecutive days”;

(c)at the end of paragraph 2 there shall be added the following sub-paragraphs–

(2) Where–

(a)in the second week a claimant’s income calculated in accordance with Part V or, as the case may be, VI exceeds the aggregate of his applicable amount determined in accordance with the relevant provisions and X; and

(b)the amount of income support to which he is entitled in the first week is more than the amount of housing benefit to which he would, but for this sub-paragraph, have been entitled in the period of 7 consecutive days beginning on 10th April 1989,

the protected sum applicable to the claimant shall, subject to sub-paragraph (3), be an amount equal to X+Y+10 pence.

(3) Where a claimant or his partner is, or both are, entitled in the first, second and third weeks to a relevant social security benefit or to more than one such benefit and consequent upon the Social Security Benefits Up-rating Order 1989(5) the claimant or his partner is, or both are, entitled to an increase in any one or more of those benefits in the third week, the protected sum under sub-paragraph (2) shall be increased by an amount equal to the difference between–

(a)the amount of benefit or aggregate amount of those benefits to which the claimant or his partner is, or both are, entitled in the third week; and, if less,

(b)the amount of benefit or aggregate amount of those benefits to which the claimant or his partner is, or both are, entitled in the second week.

(4) In this paragraph–

“X” means the sum which, but for sub-paragraph (2), would be the protected sum applicable under sub-paragraph (1);

“Y” means the amount of the excess to which sub-paragraph (2)(a) refers;

“relevant social security benefit” means–

(a)

child benefit;

(b)

any benefit under the Social Security Act;

(c)

war disablement pension;

(d)

war widow’s pension;

(e)

any payment under a scheme made under the Industrial Injuries and Diseases (Old Cases) Act 1975(6);

(f)

any concessionary payment.;

(d)in paragraph 3(2) for the words “where he, or any partner of his,” to “in respect of” there shall be substituted the words “unless he, or any partner of his, is entitled to housing benefit for the period of 7 consecutive days beginning 10th April 1989 or, where paragraph 7(7)(b) applies, for the period of 7 consecutive days referred to in that paragraph in respect of”;

(e)in paragraph 5–

(i)in sub-paragraph (1) for the words “sub-paragraph (2)” there shall be substituted the words “sub-paragraphs (2) and (3)”;

(ii)after sub-paragraph (2) there shall be added the following sub-paragraph–

(3) Where by virtue of the coming into force of regulation 5 of the Income Support (General) Amendment Regulations 1989(7) the claimant’s applicable amount increases in his benefit week beginning on a day during the period of 7 days commencing on 9th October 1989, no account shall be taken of that increase.;

(f)in paragraph 7, for sub-paragraphs (5) to (7) there shall be substituted the following sub-paragraphs–

(5) Except where sub-paragraph (7) applies, where a protected sum was applicable to a protected person immediately before he or any partner of his became a patient within the meaning of regulation 21(3) for a period of 14 weeks or less, he shall, subject to sub-paragraph (4)(c), on his or, as the case may be, his partner’s ceasing to be a patient, be entitled to a protected sum equal to–

(a)the amount by which his protected total exceeds his applicable amount determined in accordance with the relevant provisions in the first benefit week in which his applicable amount ceases to be determined under paragraph 1 of Schedule 7 and either–

(i)any eligible housing benefit for the period of 7 consecutive days beginning on 10th April 1989; or, if greater,

(ii)in a case where sub-paragraph (7)(b) applied, any eligible housing benefit for the period of 7 consecutive days referred to in that sub-paragraph; or

(b)the amount of the protected sum to which he was entitled in the immediately preceding benefit week,

whichever is the lower.

(6) Paragraph 6(c) shall not apply to a protected person who has ceased to be entitled to income support for a period of not more than 8 weeks–

(a)if immediately before he ceased to be so entitled a protected sum was applicable to him; and

(b)except where sub-paragraph (7) applies, if during that period the protected person becomes re-entitled, or would by virtue of this sub-paragraph be re-entitled, to income support he shall, subject to sub-paragraph (4)(d), be entitled to a protected sum equal to–

(i)the amount by which his protected total exceeds his applicable amount determined in accordance with the relevant provisions in the first benefit week in which he becomes so re-entitled and either any eligible housing beneft for the period of 7 consecutive days beginning 10th April 1989 or, if greater, in a case to which sub-paragraph (7)(b) applied, any eligible housing benefit for the period of 7 consecutive days referred to in that sub-paragraph; or

(ii)the amount of the protected sum to which he was previously entitled,

whichever is the lower.

(7) Where a protected person or any partner of his is temporarily absent from his accommodation for a period not exceeding 13 weeks which includes the first or second week (or both)–

(a)in a case where a protected sum was applicable to the protected person immediately before his or, as the case may be, his partner’s return to that accommodation and the full charge was made for the accommodation during the temporary absence, on the protected person’s or, as the case may be, his partner’s return to that accommodation, the protected person shall be entitled to a protected sum equal to–

(i)the amount by which his protected total exceeds his applicable amount determined in accordance with the relevant provisions in the first complete benefit week after his or, as the case may be, his partner’s return to that accommodation and any eligible housing benefit for the period of 7 consecutive days beginning 10th April 1989; or

(ii)the amount of the protected sum which was applicable to him in the immediately preceding benefit week,

whichever is the lower;

(b)in a case where–

(i)a protected sum has not at any time been applicable to the protected person; or

(ii)immediately before the protected person’s or, as the case may be, his partner’s return to that accommodation a protected sum was applicable but a reduced charge was made for the accommodation during the temporary absence,

the protected person on his or, as the case may be, his partner’s return to that accommodation shall, subject to sub-paragraph (8), be entitled to a protected sum equal to the amount by which his protected total exceeds his applicable amount determined in accordance with the relevant provisions in the first complete benefit week after his or, as the case may be, his partner’s return to that accommodation and the amount of eligible housing benefit for the period of 7 consecutive days beginning on the date determined in accordance with regulation 65 or, as the case may be, 68(2) of the Housing Benefit (General) Regulations 1987 (date on which entitlement is to commence or change of circumstances is to take effect) following that person’s return to that accommodation.

(8) Where, in a case to which sub-paragraph (7)(b)(i) applies–

(a)in the first complete benefit week after the protected person’s or, as the case may be, his partner’s return to his accommodation the protected person’s income calculated in accordance with Part V or, as the case may be, VI exceeds the aggregate of his applicable amount determined in accordance with the relevant provisions and X; and

(b)the amount of income support to which he was entitled in the first week is more than the amount of housing benefit to which he would, but for this sub-paragraph, have been entitled in the period of 7 consecutive days beginning on the date determined in accordance with regulation 65 or, as the case may be, 68(2) of the Housing Benefit (General) Regulations 1987 following his or, as the case may be, his partner’s return to that accommodation,

the protected sum applicable shall, subject to sub-paragraph (9), be an amount equal to X+Y+10 pence.

(9) Where the protected person or, as the case may be, his partner returns to the accommodation in the second week and he or his partner is, or both are, entitled in the first, second and third weeks to a relevant social security benefit or to more than one such benefit and consequent upon the Social Security Benefits Up-rating Order 1989 he or his partner is, or both are, entitled to an increase in any one or more of those benefits in the third week, the protected sum under sub-paragraph (8) shall be increased by an amount equal to the difference between–

(a)the amount of benefit or aggregate amount of those benefits to which the protected person or his partner is, or both are, entitled in the third week; and, if less,

(b)the amount of benefit or aggregate amount of those benefits to which the protected person or his partner is, or both are, entitled in the second week.

(10) In sub-paragraph (8)–

“X” means the sum which, but for sub-paragraph (8), would be the protected sum applicable in a case to which sub-paragraph (7)(b)(i) applies;

“Y” means the amount of the excess to which sub-paragraph (8)(a) refers;

“relevant social security benefit” has the same meaning as in paragraph 3(4)..

Amendment of Schedule 4 to the General Regulations

8.  In paragraph 11(2) of Schedule 4 to the General Regulations (applicable amounts of persons in residential care homes and nursing homes) for all the words after “specified” there shall be substituted the words “immediately before 10th April 1989 as being within Area 53 in Schedule 6 as then in force”.

Amendment of Schedule 7 to the General Regulations

9.  In paragraphs 10A, 10B(1) and 16(a) of Schedule 7 to the General Regulations (special cases) for the words “any of sub-paragraphs (a) to (d) of the definition of residential accommodation” there shall be substituted in each of those paragraphs the words “any of sub-paragraphs (a) to (d) (excluding heads (i) to (iii) of sub-paragraph (d)) of the definition of residential accommodation”.

Amendment of Schedule 8 to the General Regulations

10.  For paragraph 4 of Schedule 8 to the General Regulations (sums to be disregarded in the calculation of earnings) there shall be substituted the following paragraph–

4.(1) In a case to which this paragraph applies, £15; but notwithstanding regulation 23 (calculation of income and capital of members of claimant’s family and of a polygamous marriage), if this paragraph applies to a claimant it shall not apply to his partner except where, and to the extent that, the earnings of the claimant which are to be disregarded under this paragraph are less than £15.

(2) This paragraph applies where the claimant’s applicable amount includes, or but for his being an in-patient or in accommodation in a residential care home or nursing home or in residential accommodation would include, an amount by way of a disability premium under Schedule 2 (applicable amounts).

(3) This paragraph applies where–

(a)the claimant is a member of a couple, and–

(i)his applicable amount would include an amount by way of the disability premium under Schedule 2 but for the higher pensioner premium under that Schedule being applicable; or

(ii)had he not been an in-patient or in accommodation in a residential care home or nursing home or in residential accommodation his applicable amount would include the higher pensioner premium under that Schedule and had that been the case he would also satisfy the condition in (i) above; and

(b)he or his partner is under the age of 60 and at least one is engaged in part-time employment.

(4) This paragraph applies where–

(a)the claimant’s applicable amount includes, or but for his being an in-patient or in accommodation in a residential care home or nursing home or in residential accommodation would include, an amount by way of the higher pensioner premium under Schedule 2; and

(b)the claimant or, if he is a member of a couple, either he or his partner has attained the age of 60; and

(c)immediately before attaining that age he or, as the case may be, he or his partner was engaged in part-time employment and the claimant was entitled by virtue of sub-paragraph (2) or (3) to a disregard of £15; and

(d)he or, as the case may be, he or his partner has continued in part-time employment.

(5) This paragraph applies where–

(a)the claimant is a member of a couple and–

(i)his applicable amount would include an amount by way of the disability premium under Schedule 2 but for the pensioner premium for persons aged 75 and over under that Schedule being applicable; or

(ii)had he not been an in-patient or in accommodation in a residential care home or nursing home or in residential accommodation his applicable amount would include the pensioner premium for persons aged 75 and over under that Schedule and had that been the case he would also satisfy the condition in (i) above; and

(b)he or his partner has attained the age of 75 but is under the age of 80 and the other is under the age of 60 and at least one member of the couple is engaged in part-time employment.

(6) This paragraph applies where–

(a)the claimant is a member of a couple and he or his partner has attained the age of 75 but is under the age of 80 and the other has attained the age of 60; and

(b)immediately before the younger member attained that age either member was engaged in part-time employment and the claimant was entitled by virtue of sub-paragraph (5) to a disregard of £15; and

(c)either he or his partner has continued in part-time employment.

(7) For the purposes of this paragraph, no account shall be taken of any period not exceeding eight consecutive weeks occurring on or after the date on which the claimant or, if he is a member of a couple, he or his partner attained the age of 60 during which either or both ceased to be engaged in part-time employment or the claimant ceased to be entitled to income support..

Hostels

11.—(1) The provisions of the General Regulations relating to persons in hostels shall be amended in accordance with Schedule 1 to these Regulations.

(2) In Schedule 1 to these Regulations a reference to a numbered regulation or Schedule is to the regulation in, or Schedule to, the General Regulations bearing that number.

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

Nicholas Scott

Minister of State,

Department of Social Security

22nd March 1989

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