The Social Security (Miscellaneous Amendments) Regulations 2009

Amendment of the Income Support (General) Regulations 1987

2.—(1) The Income Support (General) Regulations 1987 are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) in the appropriate place insert the following definition—

““basic rate”, where it relates to the rate of tax, has the same meaning as in the Income Tax Act 2007(1) (see section 989 of that Act);”;

(b) omit the definition of “starting rate”(2).

(3) In—

(a) regulation 2(1) (interpretation), in paragraphs (a) and (c) of the definition of “training allowance”(3),

(b) Schedule 1B (prescribed categories of person), in paragraph 28(4),

(c) Schedule 2 (applicable amounts), in paragraph 7(1)(b)(5), and

(d) Schedule 3 (housing costs), in paragraph 3(13)(d),

before “Scottish Enterprise” insert “Skills Development Scotland,”.

(4) In regulation 4ZA(6) (prescribed categories of person), in paragraph (3)(b) after “12,” insert “15A,”.

(5) Omit regulation 21(1A)(7) (special cases).

(6) For regulation 30(2A)(8) (calculation of earnings of self-employed earners) substitute—

“(2A) This paragraph applies to—

(a) royalties or other sums paid as a consideration for the use of, or the right to use, any copyright, design, patent or trade mark; or

(b) any payment in respect of any —

(i) book registered under the Public Lending Right Scheme 1982; or

(ii) work made under any international public lending right scheme that is analogous to the Public Lending Right Scheme 1982,

where the claimant is the first owner of the copyright, design, patent or trade mark, or an original contributor to the book or work concerned.”.

(7) In regulation 39(1)(9) (deduction of tax and contributions for self-employed earners) and in regulation 42(8)(a)(10) (notional income)—

(a) omit “the starting rate or, as the case may be, the starting rate and”;

(b) for “starting” substitute “basic”.

(8) In regulation 39D(11) (deduction in respect for participants in the self-employed route)—

(a) in paragraph (1)(c) omit “the starting rate of tax or, as the case may be, the starting rate and”;

(b) in paragraph (2) for “starting” substitute “basic”.

(9) In regulation 61(1)(12) (interpretation)—

(a) for the definition of “contribution” substitute—

““contribution” means—

(a)

any contribution in respect of the income of a student or any person which the Secretary of State, the Scottish Ministers or an education authority takes into account in ascertaining the amount of a student’s grant or student loan; or

(b)

any sums, which in determining the amount of a student’s allowance or bursary in Scotland under the Education (Scotland) Act 1980, the Scottish Ministers or education authority takes into account being sums which the Scottish Ministers or education authority consider that it is reasonable for the following persons to contribute towards the holder’s expenses—

(i)

the holder of the allowance or bursary;

(ii)

the holder’s parents;

(iii)

the holder’s parent’s spouse, civil partner or a person ordinarily living with the holder’s parent as if he or she were the spouse or civil partner of that parent; or

(iv)

the holder’s spouse or civil partner;”;

(b) in paragraph (c) of the definition of “grant income”(13) for “or 12 of Schedule 1B applies (lone parent or disabled student)” substitute “, 12 or 15A of Schedule 1B applies (lone parent, disabled student or persons in education)”.

(10) In regulation 62(2)(14) (calculation of grant income), after sub-paragraph (j) add—

“(k) of higher education bursary for care leavers made under Part III of the Children Act 1989(15).”.

(11) In regulation 66A(4)(a)(ii) (treatment of student loans) for “or 12 of Schedule 1B applies (lone parent or disabled student)” substitute “, 12 or 15A of Schedule 1B applies (lone parent, disabled student or persons in education)”.

(12) In Schedule 1B (prescribed categories of person)—

(a) in paragraph 3(a) before “ill” insert “temporarily” ;

(b) after paragraph 15 insert—

“Circumstances in which a person in education will be treated as not being a member of a household

15A.— (1) A person is subject to this regulation if they fulfil the conditions in sub-paragraphs to (5).

(2) The first condition is that he is under the age of 21.

(3) The second condition is that he is undertaking a course of full-time, non-advanced education.

(4) The third condition is that he was accepted to attend, enrolled on, or began the course before attaining the age of 19.

(5) The fourth condition is that—

(a) he has no parent;

(b) of necessity he has to live away from his parents because—

(i) he is estranged from them,

(ii) he is in physical or moral danger, or

(iii) there is a serious risk to his physical or mental health; or

(c) he is living away from his parents where they are unable financially to support him and are—

(i) chronically sick or mentally or physically disabled,

(ii) detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court, or

(iii) prohibited from entering or re-entering Great Britain.

(6) In this paragraph—

“chronically sick or mentally or physically disabled” has the meaning given in regulation 13(3)(b);

“course of full-time, non-advanced education” means education of a kind referred to in regulation 3(2)(a) or (b) of the Child Benefit (General) Regulations 2006(16);

“parent” includes a person acting in place of a parent which—

(a)

for the purposes of sub-paragraph (5)(a) and (b) has the meaning given in regulation 13(3)(a)(i), and

(b)

for the purposes of sub-paragraph (5)(c), has the meaning given in regulation 13(3)(a)(ii).”.

(13) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings), in paragraph 58(17) omit “under the Community Care (Direct Payments) Act 1996 or”.

(14) In Schedule 10 (capital to be disregarded)—

(a) after paragraph 39 insert—

“39A.   Any payment made under Part 8A of the Contributions and Benefits Act (entitlement to health in pregnancy grant)(18).”;

(b) in paragraph 67(19) omit “the Community Care (Direct Payments) Act 1996,”.

(1)

2007 c.3.

(2)

The definition of “starting rate” was inserted by S.I. 2007/2618.

(3)

For the definition of “training allowance” the relevant amending instruments are S.I. 1989/1323, 1991/236, 387, 1999/3156, 2001/652 and 2008/3157.

(4)

Relevant amending instruments are S.I. 2001/652, 2005/3238, 2006/718 and 2008/3157.

(5)

Relevant amending instruments are S.I. 1989/1678, 1991/236, 387 and 2008/698.

(6)

Inserted by S.I. 1996/206.

(7)

Inserted by S.I. 1991/1033.

(8)

Paragraph (2A) was inserted by S.I. 2008/698.

(9)

Relevant amending instruments are S.I. 1992/2155, 2007/1749 and 2618.

(10)

Relevant amending instruments are S.I. 1992/2155, 1994/2139, 2007/1749 and 2618.

(11)

Inserted by S.I. 1998/1174. Relevant amending instruments are S.I. 2000/2910, 2007/1749 and 2618.

(12)

For the definition of “contribution” the relevant amending instruments are S.I. 1996/1944, 1998/563, 1999/1935, 2001/2319, 2005/2877 and 2008/2767.

(13)

The relevant amending instrument is S.I. 1997/2197.

(14)

Relevant amending instruments are S.I. 1996/1944, 1999/1935, 2003/455, 2004/1708, and 2005/574.

(15)

1989 c.41. Provisions relating to higher education bursaries for care leavers were inserted into the Children Act 1989 by the Children and Young Persons Act 2008 (c.23).

(16)

S.I. 2006/223, the relevant amending instrument is S.I. 2007/2150.

(17)

Inserted by S.I. 1997/65 and amended in relation to England by S.I. 2003/762 and in relation to Wales by S.I. 2004/1748.

(18)

See section 140A of the Social Security Contributions and Benefits Act 1992, inserted by section 131 of the Health and Social Care Act 2008 (c.14).

(19)

Inserted by S.I. 2003/2279.