The Income-Related Benefits (Miscellaneous Amendments) Regulations 1990

Made20th March 1990

Laid before Parliament20th March 1990

Coming into force

regulation 1, and regulation 4 to the extent to which it relates to a case referred to in regulation 1(1)(b)(i) and (2)1st April 1990

to the extent to which it relates to any other case2nd April 1990

regulations 2, 3 and 59th April 1990

The Secretary of State for Social Security, in exercise of powers conferred by section 22(6), (7), (8) and (9)(d), 51(1)(b) and (m) and 84(1) of the Social Security Act 19861 and section 166(1) to (3A) of the Social Security Act 19752 and of all other powers enabling him in that behalf, without having referred any proposals on the matter to the Social Security Advisory Committee or so far as they relate to regulation 4(3) and (4) to such organisations appearing to him to be representative of authorities concerned since it appears to him that by reason of the urgency of the matter it is inexpedient to do so3 hereby makes the following Regulations:

Citation and commencement1

1

These Regulations may be cited as the Income-Related Benefits (Miscellane-ous Amendments) Regulations 1990 and shall come into force as follows—

a

regulation 1, on 1st April 1990;

b

regulation 4—

i

in a case to which paragraph (2) below applies, on 1st April 1990;

ii

in any other case, on 2nd April 1990.

c

regulations 2, 3 and 5, on 9th April 1990;

2

This paragraph applies in any case where rent is payable at intervals of one month or any other interval which is not a week or a multiple thereof.

Amendment of the Social Security (Claims and Payments) Regulations 19872

1

Regulation 6 of the Social Security (Claims and Payments) Regulations 19874 (date of claim) shall be amended in accordance with this Regulation.

2

In paragraph (1) for the words “Subject to paragraphs (3) and (4)”, there shall be substituted the words “Subject to the following provisions of this Regulation,”.

3

After paragraph (4) there shall be added the following paragraphs—

5
Where—
a
on or after 9th April 1990 a person satisfies the capital condition in section 22(6) of the Social Security Act 19865 for income support and he would not have satisfied that condition had the amount prescribed under regulation 45 of the Income Support (General) Regulations 19876 been £6,000; and
b
a claim for that benefit is received from him in an appropriate office not later than 27th May 1990;
the claim shall be treated as made on the date determined in accordance with paragraph (6).
6
For the purpose of paragraph (5), where—
a
the claimant satisfies the other conditions of entitlement to income support on the date on which he satisfies the capital condition, the date shall be the date on which he satisified that condition;
b
the claimant does not satisfy the other conditions of entitlement to income support on the date on which he satisfies the capital condition, the date shall be the date on which he satisfies the conditions of entitlement to that benefit.

Amendment of the Family Credit (General) Regulations 19873

1

The Family Credit (General) Regulations 19877 shall be amended in accordance with this Regulation.

2

In regulations 25(1), 28 and 36(1) (capital treated as income, capital limit and calculation of tariff income from capital) for the figure “£6,000” there shall be substituted the figure “£8,000”.

Amendment of the Housing Benefit (General) Regulations 1987F14

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Amendment of the Income Support (General) Regulations 19875

1

The Income Support (General) Regulations 19879 shall be amended in accordance with this Regulation.

2

In regulation 41(1), 45 and 53(1) (capital treated as income, capital limit and calculation of tariff income from capital) for the figure “£6,000” there shall be substituted the figure “£8,000”.

Tony NewtonSecretary of State for Social Security20th March 1990

(This note is not part of the Regulations)

These Regulations further amend the Family Credit, Housing Benefit and Income Support (General) Regulations 1987 and the Social Security (Claims and Payments) Regulations 1987.

They raise to £8,000 for family credit and income support, and to £16,000 for housing benefit, the capital limit over which a person is not to be entitled to benefit, the limit for treating outstanding capital as income and the limit for calculating weekly tariff income (regulations 3(2), 4(2) and 5(2)). They also make provision, where a person becomes entitled to housing benefit or income support as a result of the increase in the capital limit, for backdating a claim made not later than 27th May 1990 to the date on which he satisfied the entitlement conditions for benefit and for entitlement to housing benefit to begin from the benefit week in which that date falls (regulations 2 and 4(3) and (4)).