Social Security Act 1986

General

20 Income-related benefits

(1) Prescribed schemes shall provide for the following benefits (in this Act referred to as " income-related benefits ")—

(a) income support;

(b) family credit; and

(c) housing benefit.

(2) The Secretary of State shall make copies of schemes prescribed under subsection (1)(a) or (b) above available for public inspection at local offices of the Department of Health and Social Security at all reasonable hours without payment.

(3) A person in Great Britain is entitled to income support if—

(a) he is of or over the age of 16 ;

(b) he has no income or his income does not exceed the applicable amount;

(c) he is not engaged in remunerative work and, if he is a member of a married or unmarried couple, the other member is not so engaged; and

(d) except in such circumstances as may be prescribed—

(i) he is available for employment;

(ii) he is not receiving relevant education.

(4) Circumstances may be prescribed in which a person must not only satisfy the condition specified in subsection (3)(d)(i) above but also be registered in the prescribed manner for employment.

(5) Subject to regulations under section 51(1)(a) below, a person in Great Britain is entitled to family credit if, when the claim for it is made or is treated as made—

(a) his income—

(i) does not exceed the applicable amount; or

(ii) exceeds it, but only by such an amount that there is an amount remaining if the deduction for which section 21(3) below provides is made;

(b) he or, if he is a member of a married or unmarried couple, he or the other member of the couple, is engaged and normally engaged in remunerative work; and

(c) he or, if he is a member of a married or unmarried couple, he or the other member, is responsible for a member of the same household who is a child or a person of a prescribed description.

(6) Family credit shall be payable for a period of 26 weeks or such other period as may be prescribed, beginning with the week in which a claim for it is made or is treated as made and, subject to regulations, an award of family credit and the rate at which it is payable shall not be affected by any change of circumstances during that period.

(7) A person is entitled to housing benefit if—

(a) he is liable to make payments in respect of a dwelling in Great Britain which he occupies as his home ;

(b) there is an appropriate maximum housing benefit in his case; and

(c) either—

(i) he has no income or his income does not exceed the applicable amount; or

(ii) his income exceeds that amount, but only by so much that there is an amount remaining if the deduction for which section 21(5) below provides is made.

(8) In subsection (7) above " payments in respect of a dwelling " means such payments as may be prescribed, but the power to prescribe payments does not include power to prescribe mortgage payments or, in relation to Scotland, payments under heritable securities.

(9) Except in prescribed circumstances the entitlement of one member of a family to any one income-related benefit excludes entitlement to that benefit for any other member for the same period.

(10) Regulations may provide that an award of family credit shall terminate—

(a) if a person who was a member of the family at the date of the claim becomes a member of another family and some member of that family is entitled to family credit; or

(b) if income support becomes payable in respect of a person who was a member of the family at the date of the claim for family credit.

(11) In this Part of this Act—

• " child " means a person under the age of 16 ;

• " family " means—

  (a)

  a married or unmarried couple;

  (b)

  a married or unmarried couple and a member of the same household for whom one of them is or both are responsible and who is a child or a person of a prescribed description;

  (c)

  except in prescribed circumstances, a person who is not a member of a married or unmarried couple and a member of the same household for whom that person is responsible and who is a child or a person of a prescribed description;

• " married couple" means a man and woman who are married to each other and are members of the same household;

• " unmarried couple " means a man and woman who are not married to each other but are living together as husband and wife otherwise than in prescribed circumstances.

(12) Regulations may make provision for the purposes of this Part of this Act—

(a) as to circumstances in which a person is to be treated as being or not being in Great Britain;

(b) continuing a person's entitlement to benefit during periods of temporary absence from Great Britain;

(c) as to what is or is not to be treated as remunerative work or as employment;

(d) as to circumstances in which a person is or is not to be treated as engaged or normally engaged in remunerative work or available for employment;

(e) as to what is or is not to be treated as relevant education;

(f) as to circumstances in which a person is or is not to be treated as receiving relevant education ;

(g) as to circumstances in which a person is or is not to be treated as occupying a dwelling as his home;

(h) for treating any person who is liable to make payments in respect of a dwelling as if he were not so liable;

(i) for treating any person who is not liable to make payments in respect of a dwelling as if he were so liable;

(j) for treating as included in a dwelling any land used for the purposes of the dwelling ;

(k) as to circumstances in which persons are to be treated as being or not being members of the same household;

(l) as to circumstances in which one person is to be treated as responsible or not responsible for another.

21 Amount etc.

(1) Where a person is entitled to income support—

(a) if he has no income, the amount shall be the applicable amount; and

(b) if he has income, the amount shall be tile difference between his income and the applicable amount.

(2) Where a person is entitled to family credit by virtue of section 20(5)(a)(i) above, the amount shall be the amount which is the appropriate maximum family credit in his case.

(3) Where a person is entitled to family credit by virtue of section 20(5)(a)(ii) above, the amount shall be what remains after the deduction from the appropriate maximum family credit of a prescribed percentage of the excess of his income over the applicable amount

(4) Where a person is entitled to housing benefit by virtue of section 20(7)(c)(i) above, the amount shall be the amount which is the appropriate maximum housing benefit in his case.

(5) Where a person is entitled to housing benefit by virtue of section 20(7)(c)(ii) above, the amount shall be what remains after the deduction from the appropriate maximum housing benefit of prescribed percentages of the excess of his income over the applicable amount.

(6) Regulations shall prescribe the manner in which—

(a) the appropriate maximum family credit;

(b) the appropriate maximum housing benefit,

are to be determined in any case.

(7) Where the amount of any income-related benefit would be less than a prescribed amount, it shall not be payable except in prescribed circumstances.

22 Calculation

(1) The applicable amount shall be such amount or the aggregate of such amounts as may be prescribed.

(2) The power to prescribe applicable amounts conferred by subsection (1) above includes power to prescribe nil as an applicable amount.

(3) In relation to income support and housing benefit the applicable amount for a severely disabled person shall include an amount in respect of his being a severely disabled person.

(4) Regulations may specify circumstances in which persons are to be treated as being or as not being severely disabled.

(5) Where a person claiming an income-related benefit is a member of a family, the income and capital of any member of that family shall, except in prescribed circumstances, be treated as the income and capital of that person.

(6) No person shall be entitled to an income-related benefit if his capital or a prescribed part of it exceeds the prescribed amount.

(7) Regulations may provide that capital not exceeding the amount prescribed under subsection (6) above but exceeding a prescribed lower amount shall be treated, to a prescribed extent, as if it were income of a prescribed amount.

(8) Income and capital shall be calculated or estimated in such manner as may be prescribed.

(9) Circumstances may be prescribed in which—

(a) a person is treated as possessing capital or income which he does not possess ;

(b) capital or income which a person does possess is to be disregarded;

(c) income is to be treated as capital;

(d) capital is to be treated as income.