The Income-related Benefits and Jobseeker’s Allowance (Amendment) (No. 2) Regulations 1997

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/1814), the Disability Working Allowance (General) Regulations 1991 (S.I. 1991/2887), the Family Credit (General) Regulations (S.I. 1987/1973), the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971), the Income Support (General) Regulations 1987 (S.I. 1987/1967) and the Jobseeker’s Allowance Regulations (S.I. 1996/207).

With respect to housing benefit, provision is made for housing benefit to be payable in respect of two dwellings where a claimant could not reasonably have avoided his liabilities in respect of both of them (regulation 4).

With respect to income support, provision is made—

• so that where a person is of a prescribed category for any day in a benefit week he shall fall in that category for the whole of that week (regulation 5(2));

• to amend the reference to “week” in the calculation of income other than earnings to refer to “benefit week” (regulation 5(3));

• to amend the definition of “grant income” and the apportionment of student loans in respect of benefit weeks in calculating income other than earnings (regulation 5(5));

• to omit provisions in Schedule 4 which formerly had effect with respect to regulation 19 (applicable amounts for persons in residential care and nursing homes) (regulation 5(6));

• to amend the definition of “personal care” as it has effect with respect to the applicable amounts of persons provided with accommodation under the Polish Resettlement Act 1947 (C.19) (regulation 5(7)).

With respect to income support and jobseeker’s allowance, provision is made—

• to amend the definition of “personal care” for the purpose of calculating a claimant’s tariff income from capital and in the conditions in respect of a residential allowance (regulation 7(5) and (6)).

With respect to all the benefits, provision is made—

• for excepting certain funds in Court from being treated as notional income or capital (regulations 2, 3, 5(4), 6, 7(1) and (2));

• for excepting certain payments under the Coal Industry Act 1994 from being treated as notional income (regulation 7(3) and (4));

• for extending the disregard of certain educational awards to children or young persons in Scotland when paid by the Board of Management of Colleges (regulation 7(7) and (8)); and

• for extending the disregard of capital arising from compensation for personal injuries administered by the Court for persons aged under 18 to persons aged 18 and over (regulation 7(9) and (10)).

These Regulations do not impose a charge on businesses.