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

Common amendments

7.—(1) After the regulations specified in paragraph (2) below the word “or” and the following sub-paragraph bearing the appropriate letter shall be inserted in each regulation—

• “any sum to which paragraph 46(a) and 47(a) of Schedule 5 (disregard of compensation for personal injuries which is administered by the Court) refers,”.

(2) The regulations to which paragraph (1) refers (which relate to notional income and notional capital) are—

(a) regulations 26(2)(c) and 34(2)(d)(1) of the Council Tax Benefit Regulations; and

(b) regulations 35(2)(c) and 43(2)(d)(2) of the Housing Benefit Regulations.

(3) In each of the regulations specified in paragraph (4) below, after the words “Independent Living Funds” there shall be inserted the words “or payments made pursuant to section 19(1)(a) of the Coal Industry Act 1994(3) (concessionary coal)”.

(4) The regulations to which paragraph (3) refers (which relate to notional income)(4) are—

(a) regulation 26(3) of the Council Tax Benefit Regulations;

(b) regulation 29(3) of the Disability Working Allowance Regulations;

(c) regulation 26(3) of the Family Credit Regulations;

(d) regulation 35(3) of the Housing Benefit Regulations;

(e) regulation 42(4) of the Income Support Regulations; and

(f) regulation 105(10) of the Jobseeker’s Allowance Regulations.

(5) In each of the provisions specified in paragraph (6) below for the words from “and is provided” to “required” there shall be substituted the words “by reason of old age, disablement, past or present dependence on alcohol or drugs, past or present mental disorder or a terminal illness and the care is provided in the home”.

(6) The provisions to which paragraph (5) refers (which relate to the calculation of tariff income from capital and applicable amounts) are—

(a) regulation 53(1B)(c) of, and paragraph 2A(2)(aa) of Schedule 2 to, the Income Support Regulations(5); and

(b) regulation 116(1B)(c) of, and paragraph 3(2)(b) of Schedule 1 to, the Jobseeker’s Allowance Regulations(6).

(7) In each of the paragraphs of the Schedules specified in paragraph (8) below, at the end there shall be added the words “or section 12(2)(c) of the Further and Higher Education (Scotland) Act 1992(7) (provision of financial assistance to students)”.

(8) The paragraphs of the Schedules to which paragraph (7) refers (which relate to the disregard of certain educational awards) are—

(a) paragraph 10 of Schedule 4 to the Council Tax Benefit Regulations;

(b) paragraph 9 of Schedule 3 to the Disability Working Allowance Regulations;

(c) paragraph 9 of Schedule 2 to the Family Credit Regulations;

(d) paragraph 10 of Schedule 4 to the Housing Benefit Regulations;

(e) paragraph 11 of Schedule 9 to the Income Support Regulations; and

(f) paragraph 12 of Schedule 7 to the Jobseeker’s Allowance Regulations.

(9) Each of the paragraphs of the Schedules specified in paragraph (10) below shall be amended in the following manner—

(a) the words “under the age of 18” shall be omitted; and

(b) in sub-paragraph (b) at the end there shall be added the words “where the person concerned is under the age of 18”.

(10) The paragraphs of the Schedules to which paragraph (9) refers (which relate to the disregard of capital administered by a Court) are—

(a) paragraphs 46 and 47 of Schedule 5 to the Council Tax Benefit Regulations(8);

(b) paragraphs 45 and 46 of Schedule 4 to the Disability Working Allowance Regulations;

(c) paragraphs 46 and 47 of Schedule 3 to the Family Credit Regulations;

(d) paragraphs 46 and 47 of Schedule 5 to the Housing Benefit Regulations(9);

(e) paragraphs 44 and 45 of Schedule 10 to the Income Support Regulations(10); and

(f) paragraphs 42 and 43 of Schedule 8 to the Jobseeker’s Allowance Regulations.

(1)

Paragraphs (2)(c) and (2)(d) were inserted by S.I. 1995/2303, regulation 2(5) and (6).

(2)

Sub-paragraphs (2)(c) and (2)(d) were inserted by S.I. 1995/2303, regulation 5(2) and (7).

(3)

1994 c. 21.

(4)

With respect to the regulations referred to in sub-paragraphs (a) to (e) the relevant amending instrument is S.I. 1993/963.

(5)

Paragraph (1B) was inserted in regulation 53 by S.I. 1996/462, regulation 12; paragraph (2A) was inserted in Schedule 2 by S.I. 1992/3147, regulation 2; relevant amending instruments S.I. 1993/516 and 1219.

(6)

Paragraph (1B) was inserted by S.I. 1996/1516, regulation 12.

(7)

1992 c. 37.

(8)

Paragraphs 46 and 47 were added by S.I. 1994/2137, regulation 29.

(9)

Paragraphs 46 and 47 were added by S.I. 1994/2137, regulation 13.

(10)

Paragraphs 44 and 45 were added by S.I. 1994/2139, regulation 33.