The Social Security (Loss of Benefit) Regulations 2001

Reduction of income support [F1 and income-related employment and support allowance] E+W+S

3.—(1) Subject to paragraphs (2) [F2 and (3)], any payment of income support [F3 or an income-related employment and support allowance] which falls to be made to an offender in respect of any week in the disqualification period, or to an offender’s family member in respect of any week in the relevant period, shall be reduced—

(a) where the claimant or a member of his family is pregnant or seriously ill, by a sum equivalent to 20 per cent.;

(b) where the applicable amount of the offender used to calculate that payment of income support has been reduced pursuant to regulation 22A of the Income Support Regulations M1 (appeal against a decision embodying an incapacity for work determination), whether or not the appeal referred to in that regulation is successful, by a sum equivalent to 20 per cent.;

(c) in any other case, by a sum equivalent to 40 per cent.,

of the applicable amount of the offender in respect of a single claimant for income support on the first day of the disqualification period or, as the case may be, on the first day of the relevant period, and specified in paragraph 1(1) of Schedule 2 to the Income Support Regulations.

(2) Payment shall not be reduced under paragraph (1) to below 10 pence per week.

(3) A reduction under paragraph (1) shall, if it is not a multiple of 5p, be rounded to the nearest such multiple or, if it is a multiple of 2.5p but not of 5p, to the next lower multiple of 5p.

F4 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where the rate of income support [F5 or an income-related employment and support allowance] payable to an offender or an offender’s family member changes, the rules set out above for a reduction in the benefit payable shall be applied to the new rate and any adjustment to the reduction shall take effect from the first day of the first benefit week to start after the date of the change.

(6) In this regulation, “benefit week" shall have the same meaning as in regulation of 2(1) of the Income Support Regulations [F6 [F7 or, as the case may be, regulation 2(1) of the Employment and Support Allowance Regulations 2008]]

Textual Amendments

F1 Words in reg. 3 omitted (1.4.2013) by virtue of The Social Security (Loss of Benefit)(Amendment) Regulations 2013 (S.I. 2013/385), regs. 1(2)(c), 7(2) (with reg. 7(6))

F2 Words in reg. 3(1) substituted (for specified purposes and with effect in accordance with reg. 1(3) of the amending S.I.) by Welfare Reform Act 2009 (Section 26) (Consequential Amendments) Regulations 2010 (S.I. 2010/424), reg. 7(2)(a)

F3 Words in reg. 3(1) omitted (1.4.2013) by virtue of The Social Security (Loss of Benefit)(Amendment) Regulations 2013 (S.I. 2013/385), regs. 1(2)(c), 7(3) (with reg. 7(6))

F4 Reg. 3(4) omitted (E.W.S.) (for specified purposes and with effect in accordance with reg. 1(3) of the amending S.I.) by virtue of Welfare Reform Act 2009 (Section 26) (Consequential Amendments) Regulations 2010 (S.I. 2010/424), reg. 7(2)(b)

F5 Words in reg. 3(5) omitted (1.4.2013) by virtue of The Social Security (Loss of Benefit)(Amendment) Regulations 2013 (S.I. 2013/385), regs. 1(2)(c), 7(4) (with reg. 7(6))

F6 Words in reg. 3(6) omitted (1.4.2013) by virtue of The Social Security (Loss of Benefit)(Amendment) Regulations 2013 (S.I. 2013/385), regs. 1(2)(c), 7(5) (with reg. 7(6))

F7 Words in reg. 3(6) added (27.10.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 56(3)(e)

Marginal Citations

M1 Regulation 22A was inserted by S.I. 1996/206 and amended by S.I. 1999/2422, 1999/3109 and 2000/590.