SCHEDULE
PART ICALCULATION OF RESOURCES
1.
A claimant’s resources shall be calculated in terms of income and capital and shall be calculated as follows:–
(a)
(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;
(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; and
(iv)
(c)
““relevant date” means–
(a)
in the case of a claim made under regulation 9(1) of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003, the date of claim; and
(b)
in the case of a claim made under regulation 11(2) of those Regulations, the date when the claimant paid the relevant charges or relevant travelling expenses”.
Column 1 | Column 2 |
|---|---|
Regulation or Schedule | Modification |
Regulation 23 | In paragraph (1)30 for “section 22(5) of the Act” substitute “regulation 8(3) of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003”. |
Regulation 25 | For the whole of regulation 25 (liable relative payments) substitute–
|
Regulation 25A | Omit this regulation. |
Regulation 28 | In paragraph (1)31 omit the words from “For the purposes” to “income support)”. In paragraph (1)(a) for “the weekly amount of his income” substitute “the normal weekly amount of his income at the relevant date”. |
Regulation 29 | Omit this regulation. |
Regulation 30 | In paragraph (1)32 omit the words “Except where paragraph (2) applies”. In paragraph (1)(a) at the beginning insert the words “except where sub-paragraphs (b) or (c) apply,”. In paragraph (1)(b) at the beginning insert the words “except where sub-paragraph (c) applies,”. After paragraph (1)(b) insert–
After paragraph (1) insert–
Omit paragraph (2). |
Regulation 31 | Omit this regulation. |
Regulation 32 | In paragraph (1)33 for “regulation 29” substitute “regulation 28” and for “subject to paragraphs (2) to (7)” substitute “subject to paragraph (6)”. In paragraph (6) omit “and has changed more than once”. Omit paragraphs (3)-(5), (6A) and (7). |
Regulation 35 | Omit paragraphs (1)(c), (1)(g), (1)(i), (1A) and (2A). In paragraph (1)(d)34 omit the words after “employment”. In paragraph (2)(a)35 omit the words “subject to paragraph (2A)”. |
Regulation 36 | In paragraph (1) for “regulation 29 (calculation of earnings of employed earners)” substitute “regulation 28 (calculation of income)”. |
Regulation 38 | In paragraph (3)36 for “paragraph (9)” substitute “paragraphs (3A) or (9)”. After paragraph (3) insert–
In paragraph (4) after “the net profit of the employment” insert “, except where paragraphs (3A) or (9) apply.”. |
Regulations 39A-D | Omit these regulations. |
Regulation 40 | In paragraph (1)38 for “regulation 29 (calculation of income other than earnings)” substitute “regulation 28 (calculation of income)” and for “paragraphs (2) to (3B)” substitute “paragraphs (2) and (3)”. Omit paragraphs (3A) to (5). |
Regulation 41 | In paragraph (1)39 for “on the first day” to “the date of that supersession” substitute “at the relevant date”. Omit paragraphs (3) and (4). |
Regulation 42 | In paragraph (4)40 omit the words from “and in the case of” to “(trade disputes) applies”. |
Regulation 45 | For this regulation substitute–
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Regulation 46 | In paragraph (1)41 omit from “For the purposes” to “income support”. |
Regulation 48 | In paragraph (2)42 omit from “Except” to “applies”. In paragraph (5) omit “Subject to paragraph (6)”. Omit paragraphs (6) and (10)(a) and (b). |
Regulation 49 | In paragraph (b)(i)43 for “first day” to “date of that supersession” substitute “relevant date”. |
Regulation 51 | Omit paragraph (1)(b). |
Regulation 51A | Omit this regulation. |
Regulation 53 | In paragraph (1A)44 for “£10,000” on each occasion it appears substitute “£12,000” and for “£16,000” substitute “£19,500”. For paragraph (1B) substitute–
In paragraph (3)45 for “regulation 60” substitute “regulation 25.” |
Regulations 54—60E | Omit these regulations. |
Regulation 61 | In paragraph (1)46 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 | In paragraph (3)47 from the beginning to the words “shall be apportioned” substitute “Subject to paragraph (3A), a student’s grant income shall be apportioned”. In paragraph (3)(a) for “in the period beginning with the benefit week”, to “the last day of which coincides with, or immediately precedes, the last day of the period of study,” substitute “in that period”. In paragraph (3)(b) for “in the period beginning with the benefit week”, to “the last day of the period for which it is payable,” substitute “in respect of which it is payable”. In paragraph (3A)48 omit “under the provisions referred to in paragraph (3)” and “or, if there are 53 benefit weeks (including part-time weeks) in the year, 53”. Omit paragraph (3B). In paragraph (4), for “the weeks in the period beginning with the benefit week”, to “the last day of the period of experience” substitute “the remaining weeks in that period”. |
Regulation 63 | In paragraph (2) omit “or, if there are 53 benefit weeks (including part-time weeks) in the year, 53”. |
Regulation 64 | In paragraph (1)(c) omit “or if there are 53 benefit weeks (including part-time weeks) in the year, 53”. |
Regulation 65 | For “No part”49 substitute “(1) Subject to paragraph (2), no part”. After paragraph (1) insert–
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Regulation 66A50 | For paragraph (2) substitute–
After paragraph (2) insert–
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Schedule 8 | In paragraph 4(2)51 after “disability premium” insert “or higher pensioner premium”. In paragraph 4 omit sub-paragraphs (3), (4), and (7). In paragraph 6A(1)52 for “none of the paragraphs 4 to 6 applies” substitute “paragraph 4 does not apply”. In paragraph 753 for the words “none of paragraphs 4 to 6B” substitute “none of paragraphs 4 or 5 or 6A or 6B”. In paragraph 854 omit “part-time”. After paragraph 8 insert–
In paragraph 9 for “8” substitute “8A”. Omit paragraphs 6, 10, 13 and 16. |
Schedule 9 | In paragraph 1555, in sub-paragraph (1) omit “paragraph 37”, and omit sub-paragraph (3)(b). In paragraph 1656 for “paragraphs 36 and 37” substitute “paragraph 36”. In paragraph 1957 for “£4.00” substitute “£20.00” and omit sub-paragraph (b). In paragraph 21(1)58 omit “or in the case of a person to whom section 23 of the Act (trade dispute) applies”. In paragraph 2859 omit from “Except” to “return to work)”. For paragraph 29(1) substitute–
Omit paragraphs 30, 34 and 37. After paragraph 76 insert–
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Schedule 10 | In paragraph 1761 for the words from “Except” to “payment” substitute “Any payment”. |
PART IICALCULATION OF REQUIREMENTS
3.
(1)
A claimant’s requirements shall be calculated as being the amount referred to in head (a) below less, where applicable, the amount referred to in head (b) below, as follows:–
(a)
the amount which represents the aggregate of–
(i)
(ii)
(b)
(2)
Subject to sub paragraph (3), where a claimant is jointly and severally liable for council tax in respect of a dwelling in which the claimant is resident with one or more other persons, the claimant’s liability in respect of that tax for the purposes of these Regulations shall be the amount of that tax divided by the number of persons who are jointly and severally liable for that tax.
(3)
Sub paragraph (2) shall not apply where a claimant is jointly and severally liable for council tax in respect of a dwelling with only the claimant’s partner.
4.
The provisions of the Income Support (General) Regulations 1987 specified in column (1) of Table B in this Schedule shall be applied–
(a)
in accordance with the modifications specified in the corresponding entries in column (2); and
(b)
Column 1 | Column 2 |
|---|---|
Regulation or Schedule | Modification |
Regulation 3 | In paragraph (1)67 omit the words “or with whom a claimant normally resides”. In paragraph (2B)68 omit the words “subject to paragraph (2C)”. Omit paragraph (2C). |
Regulation 17 | In paragraph (1)69 for the words from “18 to 22A” to “urgent cases” substitute “18, 19A and 21”. Omit paragraphs (1)(bb) and (g). In paragraph (1)(e) omit “mortgage interest payments or” and “other”. |
Regulation 18 | In paragraph (1)70 for the words from “regulations 21 to 22A” to “urgent cases” substitute “regulations 19A and 21 (special cases)”. Omit paragraph (1)(cc) and (h). After Regulation 18 insert–
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Regulation 21 | In paragraph (1)73 omit from “Subject to” to “amounts)”. In paragraph (3)74 omit “partner of a person subject to immigration control”. In paragraph (3) omit the definition of “person from abroad”. Omit paragraphs (1B), (2), (3A), (3B), (3C), (3D), (3E), (3F), (4), (4A), (4B) and (5). |
Regulations 21ZB and 22A | Omit these regulations |
Schedule 2 | In column (1) of the Table75 for sub-paragraphs (1) to (3) substitute–
In column (2) of the Table (amounts) insert–
Omit paragraphs 1A, 2A, 9, 9A, 10(3), 10(4), 12(1)(c), 12(4), 15(2) and 15(2A). In paragraph 2(1)76 omit “for the relevant period specified in column (1)”. In paragraph 3(1)(a)77 omit the words from “to whom” to “(3) apply” and omit paragraphs (2) to (7). For paragraph 10 substitute–
For paragraph 11(b) substitute–
In cross heading to paragraph 12, omit “Higher Pensioner”. In paragraph 12(1)(a)(i)78 for the words “long term incapacity benefit” substitute “incapacity benefit, where the claimant or partner has been in receipt of that benefit for at least 28 weeks,” and omit the words from “but, in the case” to “in respect of him”. In paragraph 12(1)(b)79 after “the claimant” insert “or, as the case may be, his partner” and for sub-head (ii) substitute–
In paragraph 12(6)80 after “sub-paragraph (1)(a)(i)” delete “or (c)(i)” and for “long-term incapacity benefit” substitute “incapacity benefit, notwithstanding the requirement that the claimant or his partner has been in receipt of that benefit for at least 28 weeks,”. |
Schedule 3 | In paragraph 1(1)(b) for “paragraphs 15 to 17” substitute “paragraph 17”. For paragraph 1(2) substitute–
For paragraph 1(3) substitute–
For paragraph 2(1)(c) substitute–
Omit paragraphs 1A, 2(2), 3(7)-(10) 6-16 and 18(7)(e). In paragraph 3(12) for “not exceeding” substitute “is not likely to exceed”. For paragraph 4 substitute–
In paragraph 17–
For paragraph 18(7)(f) substitute–
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Schedule 3B | After Schedule 3B insert–
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Schedule 7 | Omit the references in paragraph 185 to sub-paragraph (g) of regulation 17 (1) and sub-paragraph (h) of regulation 18(1). Omit both columns of paragraphs 6, 7, 10A, 10B, 10C, 16A, 17 and 19A. In the first column of paragraph 9(a) for sub-paragraphs (i) and (ii) substitute–
In the first column of paragraph 9(b) for sub-paragraphs (iii) and (iv) substitute–
After paragraph 10 insert–
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