The Social Security (Miscellaneous Amendments) Regulations 2007

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) at the appropriate place insert the following definition—

““long-term patient” means a person who—

(a)

is a patient within the meaning of regulation 21(3); and

(b)

has been such a patient for a continuous period of more than 52 weeks;”.

(3) For regulation 42(2)(i) (notional income)(1) substitute—

“(i) any sum to which paragraph 44(2)(a) of Schedule 10 (capital to be disregarded) applies which is administered in the way referred to in paragraph 44(1)(a);

(ia) any sum to which paragraph 45(a) of Schedule 10 refers; or”.

(4) In regulation 51 (notional capital)—

(a) for paragraph (1)(c)(2) substitute—

“(c) any sum to which paragraph 44(2)(a) of Schedule 10 (capital to be disregarded) applies which is administered in the way referred to in paragraph 44(1)(a);

(d) any sum to which paragraph 45(a) of Schedule 10 refers.”;

(b) for paragraph (2)(e)(3) substitute—

“(e) any sum to which paragraph 44(2)(a) of Schedule 10 (capital to be disregarded) applies which is administered in a way referred to in paragraph 44(1)(a); or

(f) any sum to which paragraph 45(a) of Schedule 10 refers,”.

(5) In regulation 66B (treatment of payments from access funds)(4)—

(a) in paragraph (3)(5) omit “(which has the same meaning as in paragraph 15(2) of Schedule 9)”;

(b) after that paragraph insert—

“(3A) In paragraph (3) “ordinary clothing or footwear” means clothing or footwear for normal daily use, but it does not include—

(a) school uniforms, or

(b) clothing or footwear used solely for sporting activities.”.

(6) In regulation 68 (income treated as capital)(6)—

(a) in paragraph (3) omit “(which has the same meaning as in paragraph 15(2) of Schedule 9)”;

(b) after that paragraph insert—

“(4) In paragraph (3) “ordinary clothing or footwear” means clothing or footwear for normal daily use, but it does not include—

(a) school uniforms, or

(b) clothing or footwear used solely for sporting activities.”.

(7) In Schedule 2 (applicable amounts)—

(a) in paragraph 1(1)(c) and (2)(c) (personal allowances) for “paragraph 11(a)” substitute “paragraph 11(1)(a)”;

(b) in paragraph 10 (higher pensioner premium)(7)—

(i) in sub-paragraph (1)(8) for “The” substitute “Subject to sub-paragraph (6), the”;

(ii) in sub-paragraph (4)(9) omit “, (2)(b)(ii)”;

(iii) after sub-paragraph (5) insert—

“(6) The condition is not satisfied if the claimant’s partner to whom sub-paragraph (1) refers is a long-term patient.”;

(c) in paragraph 11 (disability premium)(10)—

(i) the existing provisions of paragraph 11 become sub-paragraph (1) of that paragraph;

(ii) at the beginning of that sub-paragraph, for “The” substitute “Subject to sub-paragraph (2), the”;

(iii) after that sub-paragraph, insert—

“(2) The condition is not satisfied if—

(a) the claimant is a single claimant or a lone parent and (in either case) is a long-term patient;

(b) the claimant is a member of a couple or polygamous marriage and each member of the couple or polygamous marriage is a long-term patient; or

(c) the claimant is a member of a couple or a polygamous marriage and a member of that couple or polygamous marriage is—

(i) a long-term patient; and

(ii) the only member of the couple or polygamous marriage to whom sub-paragraph (1)(b) refers.”;

(d) in paragraph 12(1) (additional condition for the higher pensioner and disability premium)(11)—

(i) in sub-paragraph (b)(ii)(bb) for “paragraphs 2A and 2B” substitute “paragraph 2A”;

(ii) in sub-paragraph (d) omit “or 2B”;

(e) in paragraph 13(3ZA) (severe disability premium)(12), for “the date on which the award is made” substitute “the date on which the award is first paid”.

(f) for paragraph 13A(2) (enhanced disability premium)(13) substitute—

“(2) The condition is not satisfied if the person to whom sub-paragraph (1) refers is—

(a) a child or young person—

(i) whose capital if calculated in accordance with Part 5 of these Regulations in like manner as for the claimant, except as provided in regulation 44(1), would exceed £3,000; or

(ii) who is a long-term patient;

(b) a single claimant or a lone parent and (in either case) is a long-term patient;

(c) a member of a couple or polygamous marriage and each member of the couple or polygamous marriage is a long-term patient; or

(d) a member of a couple or polygamous marriage who—

(i) is a long-term patient; and

(ii) is the only member of the couple or polygamous marriage to whom sub-paragraph (1) refers.”;

(g) for paragraph 14 (disabled child premium)(14) substitute—

“Disabled Child Premium

14.— (1) Subject to sub-paragraph (2), the condition is that where the child or young person for whom the claimant or a partner of his is responsible and who is a member of the claimant’s household is—

(a) in receipt of disability living allowance or is no longer in receipt of that allowance because he is a patient provided that the child or young person continues to be a member of the family; or

(b) blind or treated as blind within the meaning of paragraph 12(1)(a)(iii) and (2).

(2) The condition is not satisfied in respect of a child or young person—

(a) whose capital, if calculated in accordance with Part 5 of these Regulations in like manner as for the claimant, except as provided in regulation 44(1), would exceed £3,000; or

(b) who is a long-term patient.”;

(h) in paragraph 15(4) (weekly amounts of premiums specified in Part 3)—

(i) in sub-paragraph (a) for “paragraph 11(a)” substitute “paragraph 11(1)(a)”;

(ii) in sub-paragraph (b) for “paragraph 11(b)” substitute “paragraph 11(1)(b)”.

(8) In Schedule 7 (applicable amounts in special cases) —

(a) in the heading, for “Regulation 21” substitute “Regulations 21 and 21AA”;

(b) omit paragraph 2B in Columns (1) and (2)(15);

(c) omit paragraph 3 in Columns (1) and (2)(16);

(d) in paragraph 19, in Columns (1) and (2), for “paragraph 11(b)” substitute “paragraph 11(1)(b)”.

(9) In paragraph 30A(1)(17) of Schedule 9 (sums to be disregarded in the calculation of income other than earnings), for “whether or not the payment is charitable or voluntary” substitute “except a charitable or voluntary payment disregarded under paragraph 15”.

(1)

Paragraph (i) inserted by S.I.1997/2197.

(2)

Paragraph (c) inserted by S.I. 1997/2197.

(3)

Paragraph (e) inserted by S.I. 1997/2197.

(4)

Regulation 66B inserted by S.I. 2000/1922.

(5)

Paragraph (3) amended by S.I. 2001/3767 and 2003/455.

(6)

Relevant amending instruments are S.I. 2000/1922, 2001/3767, 2003/455.

(7)

Relevant amending instruments are S.I. 2002/3019, 2003/2379.

(8)

S.I. 2002/3019 substituted sub-paragraph (1) for sub-paragraphs (1) and (2) as originally enacted.

(9)

Paragraph (4) inserted by S.I. 1998/2231 and amended by S.I. 2006/2378.

(10)

Relevant amending instruments are S.I. 2002/3019, 2003/2379.

(11)

Relevant amending instrument is S.I. 2005/3360.

(12)

Paragraph 13(3ZA) inserted by S.I. 1994/2139 and amended by S.I. 2002/2497.

(13)

Paragraph 13A inserted by S.I. 2000/2629. Paragraph 13A(2)(a) omitted by S.I. 2003/455 although it remains in force in relation to certain claimants: see regulation 1(3) of S.I. 2003/455.

(14)

Paragraph 14 omitted by S.I. 2003/455 although it remains in force in relation to certain claimants: see regulation 1(3) of S.I. 2003/455.

(15)

Paragraph 2B inserted by S.I. 2005/3360.

(16)

Paragraph 3 amended by S.I. 2003/455.

(17)

Paragraph 30A(1) inserted by S.I. 1993/2119; relevant amending instruments are S.I. 2005/2687, 2006/2378.