Amendments to the Income Support (General) Regulations 19872

1

The Income Support (General) Regulations 198710 are amended as follows.

2

After the definition of “liable relative” in regulation 2(1) (interpretation), insert—

  • “local welfare provision” means occasional financial or other assistance given by a local authority, the Scottish Ministers or the Welsh Ministers, or a person authorised to exercise any function of, or provide a service to, them, to or in respect of individuals for the purpose of—

    1. a

      meeting, or helping to meet, an immediate short term need—

      1. i

        arising out of an exceptional event, or exceptional circumstances; and

      2. ii

        that requires to be met in order to avoid a risk to the well-being of an individual; or

    2. b

      enabling individuals to establish or maintain a settled home, where those individuals have been or, without the assistance, might otherwise be—

      1. i

        in prison, hospital, a residential care establishment or other institution; or

      2. ii

        homeless or otherwise living an unsettled way of life;

3

In regulation 54 (interpretation) in paragraph (e)(ii) of the definition of “payment”11

a

omit “the payment is”; and

b

for “rent, housing costs,” substitute “rent for which housing benefit is payable, housing costs to the extent that they are met under regulation 17(1)(e) or 18(1)(f) (housing costs),”.

4

In Schedule 3 (housing costs)12

a

in paragraph 3(7)(c)(ii) (circumstances in which a person is to be treated as occupying a dwelling as his home) after “pending” insert “local welfare provision or”; and

b

in paragraph 18(7)(i) (non-dependant deductions) before “employment and support allowance” insert “income-related”.

5

In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)—

a

after paragraph 3113, insert—

31A

Any local welfare provision.

b

in paragraph 4614, after “section 13”, insert “, 13A”.

6

In Schedule 10 (capital to be disregarded)—

a

after paragraph 1815, insert—

18A

Any local welfare provision.

b

in paragraph 3616, after “section 13”, insert “, 13A”.