The Income-related Benefits (Montserrat) Regulations 1996

Statutory Instruments

1996 No. 2006

SOCIAL SECURITY

The Income-related Benefits (Montserrat) Regulations 1996

Made

31st July 1996

Laid before Parliament

7th August 1996

Coming into force

28th August 1996

The Secretary of State for Social Security, in exercise of powers conferred upon him by sections 123(1), 131(3), 135(1), 137(1) and (2)(i) 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, and so far as they relate to housing benefit and council tax benefit after consultation with organisations appearing to him to be representative of the authorities concerned(2), and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it(3), hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Income-related Benefits (Montserrat) Regulations 1996 and shall come into force on 28th August 1996.

Amendment of regulation 7A of the Housing Benefit Regulations

2.  In regulation 7A of the Housing Benefit (General) Regulations 1987(4) (persons from abroad) in paragraph (5) there shall be added after sub-paragraph (e)—

“or

(f) is in Great Britain and who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption.”.

Amendment of regulation 4A of the Council Tax Benefit Regulations

3.  In regulation 4A of the Council Tax Benefit (General) Regulations 1992(5) (persons from abroad) in paragraph (5) there shall be added after sub-paragraph (e)—

“or

(f) is in Great Britain and who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption.”.

Amendment of regulation 21(3) of the Income Support Regulations

4.—(1) Regulation 21(3) of the Income Support (General) Regulations 1987(6) (special cases) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (3), at the beginning there shall be inserted the words “Subject to paragraph (3F),”.

(3) After paragraph (3E), there shall be inserted the following paragraph—

“(3F) In paragraph (3) “person from abroad” does not include any person in Great Britain who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption.”.

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

Oliver Heald

Parliamentary Under-Secretary of State,

Department of Social Security

31st July 1996

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971), the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/1814), and the Income Support (General) Regulations 1987 (S.I. 1987/1967).

They provide that claimants coming to Great Britain from Montserrat as a result of a volcanic eruption on the island are not to be treated as persons from abroad for the purposes of income support, housing benefit and council tax benefit.

These Regulations do not impose a charge on businesses.

(1)

1992 c. 4; sections 123(1)(e) and 131 of the Social Security Contributions and Benefits Act 1992 were substituted by the Local Government Finance Act 1992 (c. 14), section 103 and Schedule 9, paragraphs 1(1) and 4. Section 137(1) which is an interpretation provision is cited because of the meaning assigned to the word “prescribed”.

(2)

See the Social Security Administration Act 1992 (c. 5), section 176(1).

(3)

See the Social Security Administration Act 1992 (c. 5), section 173(1)(b).

(4)

S.I. 1987/1971, to which the relevant amending instruments are S.I. 1994/470, 1807, 1996/30 and 1510.

(5)

S.I. 1992/1814 to which the relevant amending instruments are S.I. 1994/470, 1807, 1996/30 and 1510.

(6)

S.I. 1987/1967 to which the relevant amending instruments are 1994/1807 and 1996/30.