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1. A claimant’s resources shall be calculated in terms of income and capital and shall be calculated as follows:–
(a)income shall be calculated on a weekly basis according to the method of calculating or estimating income as prescribed by the provisions of Part V of, and Schedules 8 and 9 to, the Income Support (General) Regulations 1987(1) subject to the modifications referred to in paragraph 2; and
(b)capital shall be calculated according to the method of calculating or estimating capital as prescribed by the provisions of Chapter VI in Part V of, and Schedule 10 to, the Income Support (General) Regulations 1987 subject to the modifications referred to in paragraph 2.
2. The provisions of the Income Support (General) Regulations 1987 shall be applied as follows:–
(a)as respects the provisions specified in column 1 of Table A in this Schedule, in accordance with the modifications specified in the corresponding entries in column 2;
(b)as if–
(i)references to income support were to the remission of any relevant charges and the payment of any relevant travelling expenses,
(ii)references to an adjudication officer were to the Scottish Ministers, and
(iii)references in any of those provisions to any other of those provisions were to that other provision as modified in accordance with this paragraph;
(c)according to the provisions of regulation 2 of those Regulations (interpretation) but as if there were inserted after the definition of “relative”–
““relevant date” means–
in the case of a claim made under regulation 9(1) of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 2003, the date of claim; and
in the case of a claim made under regulation 11(2) of those Regulations, the date when the claimant paid the relevant charge or travelling expenses”;
(d)as if the Social Security (Income Support and Claims and Payments) Amendment Regulations 1995(2) and the Income Support (General) Amendment and Transitional Regulations 1995(3) had not been made.
Column 1 | Column 2 |
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Regulation or Schedule | Modification |
regulation 23(4) | As if in paragraph (1) for “section 22(5) of the Act” there were substituted “regulation 8(3) of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 2003”. |
regulation 25 | As if for the whole of regulation 25 (liable relative payments) there were substituted– “25.—(1) Where a claimant’s income consists of any payments made by a person, whether under a court order or not, for the maintenance of himself or any member of his family, and those payments are made or due to be made at regular intervals, his normal weekly income from those payments shall be determined– (a)if before the relevant date those payments are made at regular intervals and in regular amounts, by reference to the normal weekly amount; or (b)if they are not so made, by reference to the average amount. (2) Any maintenance payment other than one to which paragraph (1) of this regulation applies shall be treated as capital.”. |
regulation 28 | As if in paragraph (1) the words from “For the purposes” to “income support)” were omitted; and in paragraph (1)(a) for “the weekly amount of his income” there were substituted “the normal weekly amount of his income at the relevant date”. |
regulation 29 | As if this regulation were omitted. |
regulation 30(5) | As if in paragraph (1) the words “Except where paragraph (2) applies” were omitted; and paragraph (2) were omitted. |
As if in sub-paragraph (1)(a) at the beginning there were inserted the words “except where sub-paragraph (b) or (c) applies,”. | |
As if in sub-paragraph (1)(b) at the beginning there were inserted the words “except where sub-paragraph (c) applies,”. | |
As if after sub-paragraph (1)(b) the words “or” and the following new sub-paragraph were inserted– “(c)where the claimant provides in respect of the employment a profit and loss account and, where appropriate, a trading account or a balance sheet or both, and the profit and loss account is in respect of a period of at least 6 months but not exceeding 15 months and that period terminates within the twelve months preceding the date of claim or, as the case may be, the date when he paid the relevant charge or travelling expenses, over that period.”. | |
As if after paragraph (1) the following new paragraph were inserted– “(1A) In paragraph (1)(c)– (a)“balance sheet” means a statement of the financial position of the employment disclosing its assets, liabilities and capital at the end of the period in question; (b)“profit and loss account” means a financial statement showing the net profit or loss of the employment for the period in question; and (c)“trading account” means a financial statement showing the revenue from sales, the cost of those sales and the gross profit arising during the period in question.”. | |
regulation 31 | As if this regulation were omitted. |
regulation 32(6) | As if in paragraph (1) for the words from “regulation 29” to paragraphs (2) to (7) there were substituted “regulation 28 (calculation of income)”; and paragraphs 5(2) to (7) were omitted. |
regulation 35 | As if in paragraph 1(d) the words after “employment” were omitted. |
regulation 36 | As if in paragraph (1) for “regulation 29 (calculation of earnings of employed earners)” there were substituted “regulation 28 (calculation of income)”. |
regulation 38(7) | As if in paragraph (3) for the words “paragraph (9)” there were substituted the words “paragraph (3A) or (9)”. |
As if after paragraph (3) there were inserted– “(3A) For the purpose of paragraph (1)(a), in a case where earnings of the employment are calculated over a period determined under regulation 30(1)(c), the net profit of the employment shall, except where paragraph (9) applies, be calculated by taking into account the earnings of the employment relevant to that period (whether or not received in that period), less– (a)subject to paragraphs (5) to (7), any expenses relevant to that period (whether or not defrayed in that period) and which were wholly and exclusively incurred for the purposes of that employment; and (b)an amount in respect of– (i)income tax; (ii)social security contributions payable under the Social Security Contributions and Benefits Act 1992(8), calculated in accordance with regulation 39 (deduction of tax and contributions for self-employed earners); and (iii)one half of any premium paid in the period that is relevant under regulation 30 in respect of a retirement annuity contract or a personal pension scheme.”. | |
As if in paragraph (4) after the word “shall” there were inserted the words “, except where paragraph (4A) or (9) applies,”. | |
As if after paragraph (4) there were inserted the following new paragraph– “(4A) For the purposes of paragraph (1)(b), in a case where earnings of the employment are calculated over a period determined under regulation 30(1)(c), the net profit of the employment shall, except where paragraph (9) applies, be calculated by taking into account the earnings of the employment relevant to that period (whether or not received in that period) less, subject to paragraphs (5) to (7), any expenses relevant to that period (whether or not defrayed in that period) and which were wholly or exclusively incurred for the purposes of that employment.”. | |
As if in paragraphs (5), (6), (7)(9) and (8) for the words “paragraph (3)(a) or (4)” there were substituted the words “paragraphs (3)(a), (3A)(a), (4) or (4A), as the case may be,”. | |
regulation 40(10) | As if in paragraph (1) for “regulation 29 (calculation of earnings of employed earners)” there were substituted “regulation 28 (calculation of income)”. |
regulation 41(11) | As if in paragraph (1) for the words from “on (a) the first day” to “the date of that supersession” there were substituted “at (a) the relevant date”; and paragraphs (3) and (4) were omitted. |
regulation 42(12) | As if in paragraph (4) the words from “and in the case” to “(trade disputes) applies” were omitted. |
regulation 44(13) | As if in paragraph (1) for the words from “on (a) the first day” to “the date of that supersession,” there were substituted “at the relevant date”; and paragraphs (2), (3), (8) and (9) were omitted. |
regulation 45 | As if this regulation were omitted. |
regulation 46(14) | As if in paragraph (1) the words from “For the purposes” to “income support” were omitted. |
regulation 48(15) | As if in paragraph (2) the words from “Except” to “applies”, were omitted; in paragraph (5) the words “Subject to paragraph (6)” were omitted; and paragraphs (6) and (10)(a) and (b) were omitted. |
regulation 49(16) | As if in sub-paragraph (b)(i) for the words from “first day” to “the date of that supersession,” there were substituted “relevant date”. |
regulation 53 | As if in paragraph (3) the reference to regulation 60 were a reference to regulation 25. |
As if in paragraph (1A) for “£10,000” on each occasion it appears there were substituted “£12,000” and as if for “£16,000” there were substituted “£19,500”. | |
regulations 54 to 60 | As if these regulations were omitted. |
regulation 61 | As if, in the case of a student supported by the Student Awards Agency for Scotland, in the definition of “academic year”, for “1st September” there were substituted “1st August”. |
regulation 62 | As if in paragraph (3) from the beginning to the words “shall be apportioned” there were substituted “Subject to paragraph (3A), a student’s grant income shall be apportioned”. |
As if in paragraph (3A) the words “under the provisions referred to in paragraph (3)” and the words “or, if there are 53 benefit weeks (including part-time weeks) in the year, 53” were omitted. | |
As if paragraph (3B) were omitted. | |
regulation 63 | As if in paragraph (2) the words “or, if there are 53 benefit weeks (including part-time weeks) in the year, 53” were omitted. |
regulation 64 | As if in paragraph (1)(c) the words, “or, if there are 53 benefit weeks (including part-time weeks) in the year, 53” were omitted. |
regulation 65(17) | As if for the words “No part” there were substituted the words “(1) Subject to paragraph (2) below, no part”. |
As if the following paragraph were added to the regulation– “(2) For the purposes of this regulation and paragraph 15 of Schedule 9 “voluntary payment” shall not include any payment made by a person whose income a Minister of the Crown or an education authority– (a)would take into account in assessing the amount of a student’s grant or student’s loan if an application for it were to be made; or (b)has taken into account in assessing the amount of a student’s grant or student’s loan and which is in excess of contributions as assessed by a Minister of the Crown or an education authority.”. | |
regulation 66A | As if for paragraph (2) there were substituted– “(2) In calculating the weekly amount of the loan to be taken into account as income– (a)except where sub-paragraph (b) applies, the loan shall be apportioned equally between the 52 weeks in the academic year; or (b)in the case of a loan which is payable in respect of the final academic year of the course or if the course is only of one academic year’s duration, in respect of that year the loan shall be apportioned equally between the weeks in the period beginning with the start of the final academic year, or as the case may be, the single academic year and ending with the last day of the course, and, in the case of a person to whom paragraph (2A), (2B) or (2C) applies, from the weekly amount so apportioned there shall be disregarded £10.”. |
As if after paragraph (2) there were inserted the following paragraphs:– “(2A) This paragraph applies to a student whose applicable amount includes any premium specified in Parts II and III of Schedule 2. (2B) This paragraph applies where the claimant is a student to whom paragraph 12 of Schedule 1B to these Regulations applies. (2C) This paragraph applies where the student is a partner of a claimant and the claimant is not also a student.”. | |
Schedule 8(18) | As if in paragraph 4(2) after the words “disability premium” the words “or higher pensioner premium” were inserted. |
As if sub-paragraphs (3), (4), and (7) of paragraph 4 were omitted. | |
As if paragraph 6 were omitted. | |
As if in paragraph 7(1)(19), for the words “none of paragraphs 4 to 6B”, there were substituted the words “neither of paragraphs 4 or 5”. | |
As if in paragraph 8(20) the words “part time” were omitted. | |
As if there were inserted after paragraph 8 the following paragraph– “8A. In a case in which none of paragraphs 4 to 8 applies to the claimant and he is one of a married or unmarried couple and a member of that couple is engaged in employment, £10; but if this paragraph applies to a claimant it shall not apply to his partner except where, and to the extent that, the earnings of the claimant which are disregarded under this paragraph are less than £10.”. | |
As if in paragraph 9 for “8” there were substituted “8A”. | |
As if paragraphs 10, 13 and 16 were omitted. | |
Schedule 9 | As if in paragraph 15(21) the references to paragraph 37 were omitted in sub paragraph (1); and sub-paragraph (3)(b) were omitted. |
As if in paragraph 16(22) for the words “paragraphs 36 and 37” there were substituted “paragraph 36”. | |
As if in paragraph 21(1)(23) the words from “or in the case” to “applies” were omitted. | |
As if in paragraph 28(24) the words from “Except” to “return to work)” were omitted. | |
As if for sub-paragraph (1) of paragraph 29 the following sub-paragraph was substituted– “(1) Subject to sub-paragraph (2), any payment received under an insurance policy taken out to insure against the risk of being unable to maintain payments of housing costs which qualify under paragraph 17(1)(zb) or (zc) of Schedule 3 or for repairs or improvements to the dwelling occupied as the home to the extent that it is used to meet– (a)repayments of unsecured loans for the purpose of carrying out repairs and improvements to the dwelling occupied as the home; (b)any amount due by way of premiums on that policy.”. | |
Schedule 10 | As if in paragraph 17(25) for the words from “Except” to “payment” there were substituted the words “Any payment”. |
S.I. 1987/1967.
S.I. 1995/1613.
S.I. 1995/2287.
Amended by S.I. 1998/1228 regulation 6.
Amended by S.I. 1993/2119, regulation 11.
Amended by S.I. 1988/663, regulation 17.
Amended by S.I. 1999/3178, Schedule 5, paragraph 2.
Amended by S.I. 1988/2002, regulation 9.
Regulation 4 was amended by S.I. 1988/663, regulation 19, 1988/1445, regulation 10, 1989/534, Schedule 1, paragraph 7, 1991/1559, regulation 8, 1993/315, Schedule, paragraph 2, 1994/527, regulation 4, 1995/2792, regulation 6(2), 1995/3282, regulation 2 and 1999/2640, regulation 2(1).
Amended by S.I. 1998/3178, Schedule 5, paragraph 5.
Amended by S.I. 1988/2022, regulation 10.
Paragraph (2) was amended by S.I. 1988/1445, regulation 11.
S.I. 1999/3178, Schedule 5, paragraph 6.
Amended by S.I. 1996/462.
Amended by S.I. 2001/3767, regulation 2(1) and Schedule.
Amended by S.I. 1993/315, regulation 8 and S.I. 2000/2545, regulation 3 and Schedule, paragraph 2.
Amended by S.I. 2000/2545, regulation 3 and Schedule, paragraph 2.
S.I. 2000/636, regulation 3(12).
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