The Social Security (Miscellaneous Amendments) (No. 3) Regulations 1997

Statutory Instruments

1997 No. 1671

SOCIAL SECURITY

The Social Security (Miscellaneous Amendments) (No. 3) Regulations 1997

Made

8th July 1997

Laid before Parliament

11th July 1997

Coming into force in accordance with regulation 1(1)

The Secretary of State for Social Security, in exercise of powers conferred on her by sections 123(1), 130(2) and (4), 136(3) and (5), 137(1) and 175(1) and (3) to (5) of the Social Security Contributions and Benefits Act 1992(1) and sections 12(1) and (4), 35(1) and 36(1) and (2) of the Jobseekers Act 1995(2) and of all other powers enabling her in that behalf, after consultation in so far as the Regulations relate to housing benefit and council tax benefit with organisations appearing to her to be representative of the authorities concerned(3) and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it(4), hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No. 3) Regulations 1997 and shall come into force—

(a) for the purposes of this regulation, on 1st August 1997;

(b) for the purposes of sub-paragraphs (a) and (d) of paragraph (2) of regulation 2, regulation 2(1) so far as it relates to those sub-paragraphs, and regulation 3—

(i) in relation to a student whose period of study begins on or after 1st August 1997 but before 1st September 1997, on the first Monday of that period;

(ii) in any other case, on 1st September 1997;

(c) for the purposes of sub-paragraphs (b) and (c) of paragraph (2) of regulation 2, and regulation 2(1) so far as it relates to those sub-paragraphs—

(i) in relation to a student whose period of study begins on or after 1st August 1997 but before 1st September 1997, on the first Tuesday of that period;

(ii) in any other case, on 2nd September 1997;

(d) for the purposes of sub-paragraphs (e) and (f) of paragraph (2) of regulation 2, and regulation 2(1) so far as it relates to those sub-paragraphs—

(i) in relation to a student whose period of study begins on or after 1st August 1997 but before 1st September 1997, on the first day of that period;

(ii) in any other case, on 1st September 1997;

so, however, that regulation 2(2)(e) and (f) shall have effect in relation to any particular claimant at the beginning of the first benefit week to commence for that claimant on or after the day mentioned in head (i) of this sub-paragraph, or the date on or after the day mentioned in head (ii) of this sub-paragraph, whichever applies in his case; and for this purpose, the expression “benefit week” has the same meaning as in regulation 2(1) of the Income Support Regulations or, as the case may be, in regulation 1(3) of the Jobseeker’s Allowance Regulations.

(2) In these Regulations—

“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987(5);

“the Income Support Regulations” means the Income Support (General) Regulations 1987(6);

“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996(7).

Student’s grant income

2.—(1) In each of the regulations specified in paragraph (2) below (which all relate to the calculation of the amount of a student’s grant income) for the amount “£280” in each place where it occurs there shall be substituted the amount “£287”.

(2) The Regulations are—

(a) regulation 42(2)(g) of the Council Tax Benefit (General) Regulations 1992(8);

(b) regulation 42(2)(e) of the Disability Working Allowance (General) Regulations 1991(9);

(c) regulation 38(2)(f) of the Family Credit (General) Regulations 1987(10);

(d) regulation 53(2)(g) of the Housing Benefit Regulations;

(e) regulation 62(2)(g) of the Income Support Regulations; and

(f) regulation 131(2)(f) of the Jobseeker’s Allowance Regulations.

Student’s eligible rent

3.  In paragraph (1) of regulation 51 of the Housing Benefit Regulations (calculation of eligible rent for full-time students) for the amount “£25.20” in sub-paragraph (a) there shall be substituted the amount “£25.80” and for the amount “£17.45” in sub-paragraph (b) there shall be substituted the amount “£17.85”.

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

Keith Bradley

Parliamentary Under-Secretary of State,

Department of Social Security

8th July 1997

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the following Regulations—

• the Council Tax Benefit (General) Regulations 1992;

• the Disability Working Allowance (General) Regulations 1991;

• the Family Credit (General) Regulations 1987;

• the Housing Benefit (General) Regulations 1987;

• the Income Support (General) Regulations 1987;

• the Jobseeker’s Allowance Regulations 1996.

Regulation 2 increases the amount to be allowed in respect of the cost of books and equipment in calculating a student’s grant income.

Regulation 3, in respect of housing benefit only, increases the amount of the deduction to be made in calculating a student’s eligible rent.

These Regulations do not impose a charge on business.

(1)

1992 c. 4; sections 123, 130 and 137 were amended to have effect with respect to council tax benefit by section 103 of, and Schedule 9 to, the Local Government Finance Act 1992 (c. 14); section 137(1) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed”.

(2)

1995 c. 18; section 35(1) is an interpretation provision and is cited because of the meaning ascribed to the words “prescribed” and “regulations”.

(3)

See the Social Security Administration Act 1992 (c. 5), section 176(1) as amended by section 103 of, and paragraph 23 of Schedule 9 to, the Local Government Finance Act 1992.

(4)

See the Social Security Administration Act 1992, sections 170 and 173(1)(b) and (7) and the Jobseekers Act 1995 (c. 18), Schedule 2, paragraph 67(a); section 173(7) defines “regulations”.

(5)

S.I. 1987/1971; the relevant amending instruments are S.I. 1996/1759 and 1944.

(6)

S.I. 1987/1967; the relevant amending instruments are S.I. 1988/1445, 1996/1759 and 1944.

(7)

S.I. 1996/207; the relevant amending instruments are S.I. 1996/1516, 1517 and 2538.

(8)

S.I. 1992/1814; the relevant amending instruments are S.I. 1996/1759 and 1944.

(9)

S.I. 1991/2887; the relevant amending instrument is S.I. 1996/1759.

(10)

S.I. 1987/1973; the relevant amending instruments are S.I. 1996/1759 and 1944.