The Income Support (Transitional) Amendment No. 2 Regulations 1989

Statutory Instruments

1989 No. 2340

SOCIAL SECURITY

The Income Support (Transitional) Amendment No. 2 Regulations 1989

Made

12th December 1989

Laid before Parliament

13th December 1989

Coming into force

14th December 1989

The Secretary of State for Social Security in exercise of powers conferred by section 89(1A) of the Social Security Act 1986(1) and of all other powers enabling him in that behalf by this instrument which is made before the end of a period of 6 months from the commencement of the enactment under which it is made, hereby makes the following regulations:

Citation and commencement

1.  These Regulations may be cited as the Income Support (Transitional) Amendment No. 2 Regulations 1989 and shall come into force on 14th December 1989.

Amendment of regulation 14 of the Income Support (Transitional) Regulations 1987

2.  In regulation 14 of the Income Support (Transitional) Regulations 1987(2) (reduction and termination of transitional and personal expenses addition) after paragraph (1F) there shall be inserted the following paragraph—

“(1G) Notwithstanding paragraph (1)(a) or (d), where a claimant’s applicable amount increases because a child or young person mentioned in paragraph (5)(c) of regulation 16 of the General Regulations (circumstances in which a person is treated or not treated as a member of the household) is treated as a member of the claimant’s household under paragraph (6) of that regulation, the claimant’s transitional addition shall not be reduced by the amount of that increase unless the child or young person has been treated as a member of the household for a continuous period which exceeds eight weeks.”.

Signed by authority of the Secretary of State for Social Security.

Gillian Shephard

Parliamentary Under-Secretary of State,

Department of Social Security

12th December 1989

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Income Support (Transitional) Regulations 1987 by providing for a person’s transitional addition not to be reduced by any increase in his applicable amount attributable to the temporary presence in the claimant’s household of a child or young person who is in the care of a local authority (regulation 2).

The Regulations are made before the expiry of 6 months from the commencement of the enactment under which they are made; they are accordingly exempt by section 61(5) of the Social Security Act 1986 from reference to the Social Security Advisory Committee and have not been so referred.

(1)

1986 c. 50; subsection (1A) is added by paragraph 10(2) of Schedule 8 to the Social Security Act 1989 (c. 24)

(2)

S.I. 1987/1969; amended by S.I. 1988/521 and 670 and 1989/1626