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Statutory Instruments

2001 No. 3651

SOCIAL SECURITY

The Income Support (General) and Jobseeker’s Allowance Amendment Regulations 2001

Made

8th November 2001

Laid before Parliament

16th November 2001

Coming into force

10th December 2001

The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 123(1)(a), 135(1), 137(1) and 175(1) and (3) to (5) of the Social Security Contributions and Benefits Act 1992(1) and sections 4(5), 35(1) and 36(1), (2) and (4) of the Jobseekers Act 1995(2) and of all other powers enabling him in that behalf, 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 Support (General) and Jobseeker’s Allowance Amendment Regulations 2001 and shall come into force on 10th December 2001.

Amendment of the Income Support (General) Regulations 1987 and of the Jobseeker’s Allowance Regulations 1996

2.—(1) For paragraph 10 of Schedule 3 to the Income Support (General) Regulations 1987(4) (housing costs: the calculation for loans), there shall be substituted the following paragraph—

The calculation for loans

10.  The weekly amount of existing housing costs or, as the case may be, new housing costs to be met under this Schedule in respect of a loan which qualifies under paragraph 15 or 16 shall be calculated by applying the formula—

where—

A

=

the amount of the loan which qualifies under paragraph 15 or 16;

B

=

the standard rate for the time being specified in respect of that loan under paragraph 12..

(2) For paragraph 9 of Schedule 2 to the Jobseeker’s Allowance Regulations 1996(5) (housing costs: the calculation for loans) there shall be substituted the following paragraph—

The calculation for loans

9.  The weekly amount of existing housing costs or, as the case may be, new housing costs to be met under this Schedule in respect of a loan which qualifies under paragraph 14 or 15 shall be calculated by applying the formula—

where—

A

=

the amount of the loan which qualifies under paragraph 14 or 15;

B

=

the standard rate for the time being specified in respect of that loan under paragraph 11..

Signed by authority of the Secretary of State for Work and Pensions

Malcolm Wicks

Parliamentary Under-Secretary of State

Department for Work and Pensions

8th November 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Income Support (General) Regulations 1987 (S.I. 1987/1967) and the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207) so as to amend the formula for the calculation of the weekly amount of a person’s housing costs to take account of the abolition of mortgage interest payable under deduction of tax.

These Regulations do not impose a charge on business.

(1)

1992 c. 4; section 137(1) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed”.

(2)

1995 c. 18; section 35(1) is an interpretation provision and is cited because of the meaning ascribed to the words “prescribed” and “regulations”.

(3)

See sections 170 and 173(1)(b) of the Social Security Administration Act 1992 (c. 5); paragraph 67 of Schedule 2 to the Jobseekers Act 1995 added that Act to the list of “relevant enactments” in respect of which regulations must normally be referred to the Committee.

(4)

S.I. 1987/1967; the relevant amending instrument is S.I. 1995/1613.

(5)

S.I. 1996/207 to which there are amending instruments which are not relevant to these Regulations.