Amendment of the Income Support (General) Regulations 19872

1

The Income Support (General) Regulations 1987 are amended as follows.

2

In regulation 2(1) (interpretation) at the appropriate place insert the following definition—

  • “long-term patient” means a person who—

    1. a

      is a patient within the meaning of regulation 21(3); and

    2. b

      has been such a patient for a continuous period of more than 52 weeks;

3

For regulation 42(2)(i) (notional income)10 substitute—

i

any sum to which paragraph 44(2)(a) of Schedule 10 (capital to be disregarded) applies which is administered in the way referred to in paragraph 44(1)(a);

ia

any sum to which paragraph 45(a) of Schedule 10 refers; or

4

In regulation 51 (notional capital)—

a

for paragraph (1)(c)11 substitute—

c

any sum to which paragraph 44(2)(a) of Schedule 10 (capital to be disregarded) applies which is administered in the way referred to in paragraph 44(1)(a);

d

any sum to which paragraph 45(a) of Schedule 10 refers.

b

for paragraph (2)(e)12 substitute—

e

any sum to which paragraph 44(2)(a) of Schedule 10 (capital to be disregarded) applies which is administered in a way referred to in paragraph 44(1)(a); or

f

any sum to which paragraph 45(a) of Schedule 10 refers,

5

In regulation 66B (treatment of payments from access funds)13—

a

in paragraph (3)14 omit “(which has the same meaning as in paragraph 15(2) of Schedule 9)”;

b

after that paragraph insert—

3A

In paragraph (3) “ordinary clothing or footwear” means clothing or footwear for normal daily use, but it does not include—

a

school uniforms, or

b

clothing or footwear used solely for sporting activities.

6

In regulation 68 (income treated as capital)15—

a

in paragraph (3) omit “(which has the same meaning as in paragraph 15(2) of Schedule 9)”;

b

after that paragraph insert—

4

In paragraph (3) “ordinary clothing or footwear” means clothing or footwear for normal daily use, but it does not include—

a

school uniforms, or

b

clothing or footwear used solely for sporting activities.

7

In Schedule 2 (applicable amounts)—

a

in paragraph 1(1)(c) and (2)(c) (personal allowances) for “paragraph 11(a)” substitute “paragraph 11(1)(a)”;

b

in paragraph 10 (higher pensioner premium)16—

i

in sub-paragraph (1)17 for “The” substitute “Subject to sub-paragraph (6), the”;

ii

in sub-paragraph (4)18 omit “, (2)(b)(ii)”;

iii

after sub-paragraph (5) insert—

6

The condition is not satisfied if the claimant’s partner to whom sub-paragraph (1) refers is a long-term patient.

c

in paragraph 11 (disability premium)19—

i

the existing provisions of paragraph 11 become sub-paragraph (1) of that paragraph;

ii

at the beginning of that sub-paragraph, for “The” substitute “Subject to sub-paragraph (2), the”;

iii

after that sub-paragraph, insert—

2

The condition is not satisfied if—

a

the claimant is a single claimant or a lone parent and (in either case) is a long-term patient;

b

the claimant is a member of a couple or polygamous marriage and each member of the couple or polygamous marriage is a long-term patient; or

c

the claimant is a member of a couple or a polygamous marriage and a member of that couple or polygamous marriage is—

i

a long-term patient; and

ii

the only member of the couple or polygamous marriage to whom sub-paragraph (1)(b) refers.

d

in paragraph 12(1) (additional condition for the higher pensioner and disability premium)20—

i

in sub-paragraph (b)(ii)(bb) for “paragraphs 2A and 2B” substitute “paragraph 2A”;

ii

in sub-paragraph (d) omit “or 2B”;

e

in paragraph 13(3ZA) (severe disability premium)21, for “the date on which the award is made” substitute “the date on which the award is first paid”.

f

for paragraph 13A(2) (enhanced disability premium)22 substitute—

2

The condition is not satisfied if the person to whom sub-paragraph (1) refers is—

a

a child or young person—

i

whose capital if calculated in accordance with Part 5 of these Regulations in like manner as for the claimant, except as provided in regulation 44(1), would exceed £3,000; or

ii

who is a long-term patient;

b

a single claimant or a lone parent and (in either case) is a long-term patient;

c

a member of a couple or polygamous marriage and each member of the couple or polygamous marriage is a long-term patient; or

d

a member of a couple or polygamous marriage who—

i

is a long-term patient; and

ii

is the only member of the couple or polygamous marriage to whom sub-paragraph (1) refers.

g

for paragraph 14 (disabled child premium)23 substitute—

Disabled Child Premium14

1

Subject to sub-paragraph (2), the condition is that where the child or young person for whom the claimant or a partner of his is responsible and who is a member of the claimant’s household is—

a

in receipt of disability living allowance or is no longer in receipt of that allowance because he is a patient provided that the child or young person continues to be a member of the family; or

b

blind or treated as blind within the meaning of paragraph 12(1)(a)(iii) and (2).

2

The condition is not satisfied in respect of a child or young person—

a

whose capital, if calculated in accordance with Part 5 of these Regulations in like manner as for the claimant, except as provided in regulation 44(1), would exceed £3,000; or

b

who is a long-term patient.

h

in paragraph 15(4) (weekly amounts of premiums specified in Part 3)—

i

in sub-paragraph (a) for “paragraph 11(a)” substitute “paragraph 11(1)(a)”;

ii

in sub-paragraph (b) for “paragraph 11(b)” substitute “paragraph 11(1)(b)”.

8

In Schedule 7 (applicable amounts in special cases) —

a

in the heading, for “Regulation 21” substitute “Regulations 21 and 21AA”;

b

omit paragraph 2B in Columns (1) and (2)24;

c

omit paragraph 3 in Columns (1) and (2)25;

d

in paragraph 19, in Columns (1) and (2), for “paragraph 11(b)” substitute “paragraph 11(1)(b)”.

9

In paragraph 30A(1)26 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings), for “whether or not the payment is charitable or voluntary” substitute “except a charitable or voluntary payment disregarded under paragraph 15”.