The Social Security (Claims and Payments) Amendment Regulations 1988

Amendment of Schedule 7

10.  In Schedule 7 (manner and time of payment, effective date of change of circumstances and commencement of entitlement in income support cases)—

(1) in paragraph 2(d) for the reference to “section 23(8)” there shall be substituted a reference to “section 23(A)”;

(2) in paragraph 4—

(a) for the words “In paragraph 3” there shall be substituted the words “In this Schedule”;

(b) after the definition of “benefit week” there shall be inserted the following definition—

““Income Support Regulations” means the Income Support (General) Regulations 1987(1)”;

(3) in paragraph 6—

(a) in sub-paragraph (2), for the words “Subject to sub-paragraphs (3) and (4)” there shall be substituted the words “Subject to sub-paragraphs (2A) and (3)”;

(b) after sub-paragraph (2) there shall be inserted the following sub-paragraph—

“(2A) Where income support is awarded under regulation 17(3) for a definite period which is not a benefit week or a multiple of such a week entitlement shall commence on the date of claim.”;

(c) for sub-paragraph (3) there shall be substituted the following sub-paragraph—

“(3) In a case where regulation 13 applies, entitlement shall commence on the day which is the relevant day for the purposes of that regulation.”;

(d) sub-paragraph (4) shall be omitted;

(e) for sub-paragraph (5) there shall be substituted the following sub-paragraphs—

“(5) If a claim is made by a claimant within 3 days of the date on which he became resident at a resettlement unit or at a place provided by a voluntary organisation for purposes similar to the purposes for which resettlement units are provided by the Secretary of State or at a centre providing facilities for the rehabilitation of alcoholics or drug addicts and is so resident for the purposes of that rehabilitation, then it shall be treated as having been made on the day he became so resident.

(5A) In the preceding paragraph “resettlement unit” means accommodation provided under section 30 of and paragraph 2 of Schedule 5 to the Supplementary Benefits Act 1976(2).”;

(4) for paragraph 7 there shall be substituted the following paragraph—

“7.— (1) Subject to the following sub-paragraphs, where the amount of income support payable under an award is changed because of a change of circumstances that change shall have effect—

(a) where income support is paid in arrears, from the first day of the benefit week in which the change occurs; or

(b) where income support is paid in advance, from the date of the change of circumstances if that is the first day of the benefit week and otherwise from the next following such day.

(2) In the cases set out in sub-paragraph (3) the change shall have effect from the date of the change of circumstances.

(3) The cases referred to in sub-paragraph (2) are where—

(a) income support is paid in arrears and entitlement ends for a reason other than that the claimant no longer satisfies the provisions of section 20(3)(b) of the Social Security Act 1986;

(b) a child or young person referred to in regulation 16(6) of the Income Support Regulations (child in care of a local authority or detained in custody) lives with the claimant for part only of the benefit week;

(c) a claimant or his partner (as defined in regulation 2(1) of the Income Support Regulations) enters a nursing home or a residential care home (as defined in regulation 19(3) of those Regulations) or residential accommodation (as defined in regulation 21(3)(a) to (d) of those Regulations) for a period of not more than 8 weeks;

(d) a person referred to in paragraphs 1, 2, 3 or 18 of Schedule 7 to the Income Support Regulations either—

(i) ceases to be a patient, or

(ii) a member of his family ceases to be a patient,

in either case for a period of less than a week;

(e) either—

(i) a person referred to in paragraphs 4 or 5 of Schedule 7 to the Income Support Regulations enters board and lodging accommodation (as defined in regulation 20(2) of those regulations), or

(ii) a member of his family enters such accommodation;

(f) a person to whom section 23 of the Social Security Act 1986(3) applies either—

(i) becomes incapable of work by reason of disease or bodily or mental disablement, or

(ii) enters the maternity period (as defined in section 23(2) of that Act);

(g) during the currency of a claim the claimant makes a claim for a relevant social security benefit and as a result his benefit week changes.

(4) Where, in the cases set out in sub-paragraphs (3)(b) to (f), the circumstances which have caused the award to be changed cease to apply and the award is changed again that second change of circumstances shall take effect from the date of the second change.

(5) Where income is treated as paid on a particular day under regulation 31(1)(b) or (2) of the Income Support Regulations (date on which income is treated as paid) any change of circumstances resulting from that payment shall have effect on the day on which it was treated as paid.

(6) Where the change of circumstances requires a reduction in the amount of income support then, if the Secretary of State certifies that it is impracticable to give effect to that reduction from any date specified in the previous sub-paragraphs then, except where sub-paragraph (3)(g) or (5) applies, the change shall have effect from the first day of the following benefit week.”.

(1)

S.I. 1987/1967.

(2)

1976 c. 71, as amended by section 6 of, and Schedule 2 to, the Social Security Act 1980 (c. 30) and by section 102 of, and Schedule 17 to, the Local Government Act 1985 (c. 51).

(3)

1986 c. 50.