The Income-related Benefits Schemes and Social Security (Claims and Payments) (Miscellaneous Amendments) Regulations 1995

Transitional provision with respect to the Income Support Regulations E+W+S

8.—(1) In determining whether a claimant is entitled to income support on or after 2nd October 1995 and whether he satisfies the provisions either—

(a) regulation 4(2)(c)(v) of the Income Support Regulations (temporary absence from Great Britain); or

(b) paragraph 7 of Schedule 1 to those Regulations (disabled students not required to be available for work);

in a case where the claimant, for a period up to and including 12th April 1995, was continuously incapable of work for the purposes of paragraph 5 of Schedule 1 to the Income Support Regulations, as it was then in force, that period of incapacity shall be treated as forming part of a subsequent period of incapacity beginning not later than 7th June 1995 to which the provisions referred to in paragraphs (a) or (b) above refer and which is continuous to the date of the determination in question.

(2) In regulation 19 of the Disability Working Allowance and Income Support (General) Amendment Regulations 1995 (transitional provisions with respect to the Income Support Regulations) M1 —

(a) in paragraph (5) for the words “that date" there shall be substituted the words “13th April 1995";

(b) after paragraph (5) there shall be added the following paragraph—

“(6) Where—

(a) a determination of the amount of a person’s benefit has been made in a case to which paragraph (5) of this regulation, as originally made, had effect; and

(b) an appeal to which regulation 8(2A) or 11(2A) of the Income Support Regulations (persons not required to be available or registered for employment) refers, remains outstanding on 2nd October 1995;

the amount of any benefit to which he is entitled shall continue to be determined under paragraph (5), as originally made, until the determination of the appeal.”.

Marginal Citations

M1 S.I. 1995/482.