The Income Support (General) Regulations 1987

• (c) a pension payable to a person as a widow, widower or surviving civil partner under ... any power of Her Majesty otherwise than under an enactment to make provision about pensions for or in respect of persons who have been disabled or have died in consequence of service as members of the armed forces of the Crown;

• (cc) a guaranteed income payment and, if the amount of that payment has been abated to less than £10 by a pension or payment falling within article 31(1)(a) or (b) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005, so much of that pension or payment as would not, in aggregate with any amount of the guaranteed income payment disregarded, exceed £10;

• (d) a payment made to compensate for the non-payment of such a pension or payment as is mentioned in any of the preceding sub-paragraphs;

• (e) a pension paid by the government of a country outside Great Britain which is analogous to any of the pensions or payments mentioned in sub-paragraphs (a) to (cc) above;

• (f) a pension paid by a government to victims of National Socialist persecution;

• (g) any widowed mother’s allowance paid pursuant to section 37 of the Contributions and Benefits Act;

• (h) any widowed parent’s allowance paid pursuant to section 39A of the Contributions and Benefits Act.

17

Where a claimant receives income under an annuity purchased with a loan which satisfies the following conditions—

• (a) that the loan was made as part of a scheme under which not less than 90 per cent of the proceeds of the loan were applied to the purchase by the person to whom it was made of an annuity ending with his life or with the life of the survivor of two or more persons (in this paragraph referred to as “the annuitants”) who include the person to whom the loan was made;

• (b) that the interest on the loan is payable by the person to whom it was made or by one of the annuitants;

• (c) that at the time the loan was made the person to whom it was made or each of the annuitants had attained the age of 65 or, if it was higher at that time, pensionable age;

• (d) that the loan was secured on a dwelling in Great Britain and the person to whom the loan was made or one of the annuitants owns an estate or interest in that dwelling; and

• (e) that the person to whom the loan was made or one of the annuitants occupies the accommodation on which it was secured as his home at the time the interest is paid,

the amount, calculated on a weekly basis equal to—

• (i) where, or insofar as, section 369 of the Income and Corporation Taxes Act 1988 (mortgage interest payable under deduction of tax) applies to the payments of interest on the loan, the interest which is payable after deduction of a sum equal to income tax on such payments at the applicable percentage of income tax within the meaning of section 369(1A) of that Act;

• (ii) in any other case the interest which is payable on the loan without deduction of such a sum.

18

Any payment made to the claimant by a person who normally resides with the claimant, which is a contribution towards that person’s living and accommodation costs, except where that person is residing with the claimant in circumstances to which paragraph 19 or 20 refers.

19

Where the claimant occupies a dwelling as his home and the dwelling is also occupied by another person and there is a contractual liability to make payments to the claimant in respect of the occupation of the dwelling by that person or a member of his family—

• (a) where the aggregate of any payments made in respect of any one week in respect of the occupation of the dwelling by that person or a member of his family, or by that person and a member of his family, is less than £20, the whole of that amount; or

• (b) where the aggregate of any such payments is £20 or more per week, £20.

20

Where the claimant occupies a dwelling as his home and he provides in that dwelling board and lodging accommodation, an amount, in respect of each person for whom such accommodation is provided for the whole or any part of a week, equal to—

• (a) where the aggregate of any payments made in respect of any one week in respect of such accommodation provided to such person does not exceed £20.00, 100% of such payments; or

• (b) where the aggregate of any such payments exceeds £20.00, £20.00 and 50% of the excess over £20.00.

21

• (1) Subject to sub-paragraphs (2) and (3), except where regulation 40(4)(b) (provision of support under section 95 or 98 of the Immigration and Asylum Act including support provided by virtue of regulations made under Schedule 9 to that Act in the calculation of income other than earnings) or regulation 42(4)(a)(i) (notional income) applies or in the case of a person to whom section 23 of the Act (trade disputes) applies, any income in kind;

• (2) The exception under sub-paragraph (1) shall not apply where the income in kind is a Grenfell Tower payment , a child abuse payment or a Windrush payment or is received from the Macfarlane Trust , the Macfarlane (Special Payments) Trust , the Macfarlane (Special Payments) (No. 2) Trust , the Fund , the Eileen Trust , MFET Limited , the Skipton Fund, the Caxton Foundation , the Scottish Infected Blood Support Scheme , an approved blood scheme , the London Emergencies Trust, the We Love Manchester Emergency Fund , the National Emergencies Trust or the Independent Living Fund (2006).

• (3) The first exception under sub-paragraph (1) shall not apply where the claimant is the partner of a person subject to immigration control and whose partner is receiving support provided under section 95 or 98 of the Immigration and Asylum Act including support provided by virtue of regulations made under Schedule 9 to that Act and the income in kind is support provided in respect of essential living needs of the partner of the claimant and his dependants (if any) as is specified in regulations made under paragraph 3 of Schedule 8 to the Immigration and Asylum Act.

• (4) The reference in sub-paragraph (1) to “income in kind” does not include a payment to a third party made in respect of the claimant which is used by the third party to provide benefits in kind to the claimant.

22

• (1) Any income derived from capital to which the claimant is or is treated under regulation 52 (capital jointly held) as beneficially entitled but, subject to sub-paragraph (2), not income derived from capital disregarded under paragraph 1, 2, 4, 6 12 or 25 to 28 of Schedule 10.

• (2) Income derived from capital disregarded under paragraph 2 4 or 25 to 28 of Schedule 10 but only to the extent of—

• (a) any mortgage repayments made in respect of the dwelling or premises in the period during which that income accrued; or

• (b) any council tax or water charges which the claimant is liable to pay in respect of the dwelling or premises and which are paid in the period during which that income accrued.

• (3) The definition of “water charges” in regulation 2(1) shall apply to sub-paragraph (2) with the omission of the words “in so far as such charges are in respect of the dwelling which a person occupies as his home”.

23

Any income which is payable in a country outside the United Kingdom for such period during which there is prohibition against the transfer to the United Kingdom of that income.

24

Where a payment of income is made in a currency other than sterling, any banking charge or commission payable in converting that payment into sterling.

25

• (1) Any payment made to the claimant in respect of a child or young person who is a member of his family—

• (a) pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002 or in accordance with a scheme approved by the Scottish Ministers under section 51A of the Adoption (Scotland) Act 1978 (schemes for payment of allowances to adopters) or in accordance with an adoption allowance scheme made under section 71 of the Adoption and Children (Scotland) Act 2007 (adoption allowances schemes);

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ba) which is a payment made by a local authority in Scotland in pursuance of section 50 of the Children Act 1975 (payments towards maintenance of children);

• (c) which is a payment made by a local authority in pursuance of section 15(1) of, and paragraph 15 of Schedule 1 to, the Children Act 1989 (local authority contribution to a child’s maintenance where the child is living with a person as a result of a child arrangements order);

• (d) which is a payment made by an authority, as defined in Article 2 of the Children Order, in pursuance of Article 15 of, and paragraph 17 of Schedule 1 to, that Order (contribution by an authority to child’s maintenance);

• (e) in accordance with regulations made pursuant to section 14F of the Children Act 1989 (special guardianship support services);

to the extent specified in sub-paragraph (2).

• (1A) Any payment, other than a payment to which sub-paragraph (1)(a) applies, made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002.

• (2) In the case of a child or young person—

• (a) to whom regulation 44 (5) (capital in excess of £3,000) applies, the whole payment;

• (b) to whom that regulation does not apply, so much of the weekly amount of the payment as exceeds the applicable amount in respect of that child or young person and where applicable to him any amount by way of a disabled child premium.

26

Any payment made to the claimant with whom a person is accommodated by virtue of arrangements made—

• (a) by a local authority under—

• (i) section 22C(2) of the Children Act 1989 (ways in which looked after children are to be accommodated and maintained),

• (ia) section 81(2) of the Social Services and Well-being (Wales) Act 2014 (ways in which looked after children are to be accommodated and maintained),

• (ii) section 26 of the Children (Scotland) Act 1995 (manner of provision of accommodation to child looked after by local authority), or

• (iii) regulations 33 or 51 of the Looked After Children (Scotland) Regulations 2009 (fostering and kinship care allowances and fostering allowances); or

• (b) by a voluntary organisation under section 59(1)(a) of the Children Act 1989 (provision of accommodation by voluntary organisations).

27

Any payment made to the claimant or his partner for a person (“the person concerned"), who is not normally a member of the claimant’s household but is temporarily in his care, by—

• (a) a health authority;

• (b) a local authority but excluding payments of housing benefit made in respect of the person concerned;

• (c) a voluntary organisation; or

• (d) the person concerned pursuant to section 26(3A) of the National Assistance Act 1948; ...

• (dza) the person concerned where the payment is for the provision of accommodation in respect of the meeting of that person’s needs under section 18 or 19 of the Care Act 2014 (duty and power to meet needs for care and support);

• (dzb) the person concerned where the payment is for the provision of accommodation to meet that person’s needs for care and support under section 35 or 36 of the Social Services and Well-being (Wales) Act 2014 (duty and power to meet care and support needs of an adult);

• (da) an integrated care board established under section 14D of the National Health Service Act 2006;

• (db) NHS England; or

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) a Local Health Board established under section 16BA of the National Health Service Act 1977 or established by an order made under section 11 of the Health Service (Wales) Act.

28

• (1) Any payment made by a local authority in accordance with—

• (a) section 17, 23B, 23C or 24A of the Children Act 1989,

• (b) section 12 of the Social Work (Scotland) Act 1968, ...

• (c) section 22, 26A, 29 or 30 of the Children (Scotland) Act 1995, or

• (d) the following sections of the Social Services and Well-being (Wales) Act 2014—

• (aa) section 37 or 38, but excluding any direct payment made in accordance with regulations made under section 51 of that Act, or

• (bb) section 109, 110, 114 or 115.

• (2) Any payment (or part of a payment) made by a local authority in accordance with section 23C of the Children Act 1989 or section 22 or , 26A or 29 of the Children (Scotland) Act 1995 (local authorities’ duty to promote welfare of children, duty to provide continuing care and provision of advice and assistance for certain young persons) to a person (“A”) which A passes on to the claimant.

• (3) Sub-paragraphs (1) and (2) are subject to the following provisions.

• (4) Neither of those sub-paragraphs applies where the claimant is a person—

• (a) to whom section 126 of the Contributions and Benefits Act (trade disputes) applies, or

• (b) in respect of whom section 124(1) of the Contributions and Benefits Act (conditions of entitlement to income support) has effect as modified by section 127 of that Act (effect of return to work).

• (5) Sub-paragraph (2) applies only where A—

• (a) was formerly in the claimant’s care, and

• (b) is aged 18 or over or, in the case of a payment or part of a payment made in accordance with section 26A of the Children (Scotland) Act 1995, aged 16 or over, and

• (c) continues to live with the claimant.

29

Any payment received under an insurance policy taken out to insure against the risk of being unable to maintain repayments on a loan which qualifies under Part 1 of Schedule 1 to the Loans for Mortgage Interest Regulations 2017 (legacy benefit claimants and SPC claimants) and used to meet such repayments.

30

• (1) Except where paragraph 29 or 30ZA applies, and subject to sub-paragraph (2), any payment made to the claimant which is intended to be used and is used as a contribution towards—

• (a) any payment due on a loan if secured on the dwelling occupied as the home which does not qualify under Part 1 of Schedule 1 to the Loans for Mortgage Interest Regulations;

• (b) any charge which qualifies in accordance with paragraph 17 of Schedule 3 (housing costs) to these Regulations or any interest payment on a loan which qualifies under Part 1 of Schedule 1 to the Loans for Mortgage Interest Regulations, to the extent that the charge or payment is not met under these Regulations or by loan payments (as the case may be);

• (c) any payment due on a loan which qualifies under Part 1 of Schedule 1 to the Loans for Mortgage Interest Regulations attributable to the payment or capital;

• (d) any amount due by way of premiums on—

• (i) an insurance policy taken out to insure against the risk of being unable to make the payments referred to in (a) to (c) above; or

• (ii) a policy of insurance taken out to insure against loss or damage to any building or part of a building which is occupied by the claimant as his home.

• (e) his rent in respect of the dwelling occupied by him as his home but only to the extent that it is not met by housing benefit; or his accommodation charge but only to the extent that the actual charge exceeds the amount payable by a local authority in accordance with Part III of the National Assistance Act 1948 or Part 1 of the Care Act 2014 (care and support) or Part 4 of the Social Services and Well-being (Wales) Act 2014 (meeting needs) other than any direct payment made in accordance with regulations made under section 50 or 52 of that Act.

• (2) This paragraph shall not apply to any payment which is treated as possessed by the claimant by virtue of regulation 42(4)(a)(ii) (notional income).

• (3) In this paragraph—

• (a) “Loans for Mortgage Interest Regulations” means the Loans for Mortgage Interest Regulations 2017;

• (b) “loan payments” has the meaning given in the Loans for Mortgage Interest Regulations.

31

Any social fund payment made pursuant to Part 8 of the Contributions and Benefits Act.

32

Any payment of income which under regulation 48 (income treated as capital) is to be treated as capital.

33

Any payment under Part 10 of the Contributions and Benefits Act (pensioner's Christmas bonus).

34

In the case of a person to whom section 23 of the Act (trade disputes) applies and for so long as it applies, any payment up to the amount of the relevant sum within the meaning of subsection 6 of that section made by a trade union; but, notwithstanding regulation 23 (calculation of income and capital of members of claimant's family and of a polyamous marriage) if this paragraph applies to a claimant it shall not apply to his partner except where, and to the extent that, the amount to be disregarded under this paragraph is less than the relevant sum.

35

Any payment which is due to be paid before the date of claim which would otherwise fall to be taken into account in the same benefit week as a payment of the same kind and from the same source.

36

The total of a claimant's income or, if he is a member of a family, the family's income and the income of any person which he is treated as possessing under regulation 23 (3) (calculation of income and capital of members of claimant's family and of a polygamous marriage) to be disregarded under regulation 63 (2) (b) and 64 (1) (c) (calculation of covenant income where a contribution assessed), regulation 66A(2) (treatment of student loans), regulation 66B(3) (treatment of payments from access funds) and paragraph 16 shall in no case exceed £20 per week.

37

Notwithstanding paragraph 36 where two or more payments of the same kind and from the same source are to be taken into account in the same benefit week, there shall be disregarded from each payment the sum which would otherwise fall to be disregarded under this Schedule; but this paragraph shall only apply in the case of a payment which it has not been practicable to treat under regulation 31 (1) (b) (date on which income treated as paid) as paid on the first day of the benefit week in which it is due to be paid.

SCHEDULE 10 — CAPITAL TO BE DISREGARDED

1

The dwelling occupied as the home but, notwithstanding regulation 23 (calculation of income and capital of members of claimant's family and of a polygamous marriage), only one dwelling shall be disregarded under this paragraph.

2

Any premises acquired for occupation by the claimant which he intends to occupy as his home within 26 weeks of the date of acquisition or such longer period as is reasonable in the circumstances to enable the claimant to obtain possession and commence occupation of the premises.

3

Any sum directly attributable to the proceeds of sale of any premises formerly occupied by the claimant as his home which is to be used for the purchase of other premises intended for such occupation within 26 weeks of the date of sale or such longer period as is reasonable in the circumstances to enable the claimant to complete the purchase.

4

Any premises occupied in whole or in part by—

• (a) a partner or relative of a single claimant or any member of the family as his home where that person has attained the qualifying age for state pension credit or is incapacitated;

• (b) the former partner of a claimant ... as his home; but this provision shall not apply where the former partner is a person from whom the claimant is estranged or divorced or with whom he formed a civil partnership that has been dissolved.

5

Any future interest in property of any kind, other than land or premises in respect of which the claimant has granted in subsisting lease or tenancy, including sub-leases or sub-tenancies,

6

• (1) The assets of any business owned in whole or in part by the claimant and for the purposes of which he is engaged as a self-employed earner or, if he has ceased to be so engaged, for such period as may be reasonable in the circumstances to allow for disposal of any such asset.

• (2) The assets of any business owned in whole or in part by the claimant where–

• (a) he is not engaged as a self-employed earner in that business by reason of some disease or bodily or mental disablement; but

• (b) he intends to become engaged (or, as the case may be, re-engaged) as a self-employed earner in that business as soon as he recovers or is able to become engaged, or re-engaged, in that business;

for a period of 26 weeks from the date on which the claim for income support is made, or is treated as made, or, if it is unreasonable to expect him to become engaged or re-engaged in that business within that period, for such longer period as is reasonable in the circumstances to enable him to become so engaged or re-engaged.

• (3) In the case of a person who is receiving assistance under the self-employment route, the assets acquired by that person for the purpose of establishing or carrying on the commercial activity in respect of which such assistance is being received.

• (4) In the case of a person who has ceased carrying on the commercial activity in respect of which assistance was received as specified in sub-paragraph (3), the assets relating to that activity for such period as may be reasonable in the circumstances to allow for disposal of any such asset.

7

• (1) Subject to sub-paragraph (2), any arrears of, or any concessionary payment made to compensate for arrears due to the non-payment of—

• (a) any payment specified in paragraph 6, 8, 9, 76A, 84, 85, 86, 88 or 89 of Schedule 9 (other income to be disregarded);

• (b) an income-related benefit , an income-related employment and support allowance or an income-based jobseeker’s allowance, child tax credit or working tax credit under Part 1 of the Tax Credits Act 2002;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001;

• (e) universal credit

• (f) bereavement support payment under section 30 of the Pensions Act 2014,

• (g) maternity allowance under section 35 of the Contributions and Benefits Act (state maternity allowance for employed or self-employed earner),

• (h) carer support payment, but only that amount that is in excess of the amount the claimant would receive if they had an entitlement to carer’s allowance under section 70 of the Contributions and Benefits Act,

but only for a period of 52 weeks from the date of the receipt of the arrears or of the concessionary payment.

• (2) In a case where the total of any arrears and, if appropriate, any concessionary payment referred to in sub-paragraph (1) relating to any one of the specified payments, benefits or allowances amounts to £5,000 or more (referred to in this sub-paragraph and in sub-paragraph (3) as the “relevant sum”) and is—

• (a) paid in order to rectify, or to compensate for—

• (i) an official error as defined in regulation 1(3) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999, or

• (ii) an error on a point of law; and

• (b) received by the claimant in full on or after 14th October 2001,

sub-paragraph (1) shall have effect in relation to such arrears or concessionary payment either for a period of 52 weeks from the date of receipt, or, if the relevant sum is received in its entirety during the award of income support, for the remainder of that award if that is a longer period.

• (3) For the purposes of sub-paragraph (2), “the award of income support” means—

• (a) the award of any of income support , an income-related employment and support allowance , an income-based jobseeker’s allowance or universal credit in which the relevant sum (or first part thereof where it is paid in more than one instalment) is received, and

• (b) where that award is followed by one or more further awards which in each case may be any of income support , an income-related employment and support allowance , an income-based jobseeker’s allowance or universal credit and which, or each of which, begins immediately after the end of the previous award, such further awards until the end of the last such award, provided that for any such further awards the claimant—

• (i) is the person who received the relevant sum, or

• (ii) is the partner of the person who received the relevant sum, or was that person’s partner at the date of his death, or

• (iii) in the case of a joint-claim jobseeker’s allowance, is a joint-claim couple either member or both members of which received the relevant sum , or

• (iv) in a case where universal credit is awarded to the claimant and another person as joint claimants, either the claimant or the other person, or both of them, received the relevant sum.

8

Any sum—

• (a) paid to the claimant in consequence of damage to, or loss of the home or any personal possession and intended for its repair or replacement; or

• (b) acquired by the claimant (whether as a loan or otherwise) on the express condition that it is to be used for effecting essential repairs or improvements to the home,and which is to be used for the intended purpose, for a period of 26 weeks from the date on which it was so paid or acquired or such longer period as is reasonable in the circumstances to enable the claimant to effect the repairs, replacement or improvements.

9

Any sum—

• (a) deposited with a housing association as defined in section 1(1) of the Housing Associations Act 1985 or section 338(1) of the Housing (Scotland) Act 1987 as a condition of occupying the home;

• (b) which was so deposited and which is to be used for the purchase of another home, for the period of 26 weeks or such longer period as is reasonable in the circumstances to complete the purchase.

10

Any personal possessions except those which had or have been acquired by the claimant with the intention of reducing his capital in order to secure entitlement to ... income support or to increase the amount of that benefit.

11

The value of the right to receive any income under an annuity and the surrender value (if any) of such an annuity.

12

Where the funds of a trust are derived from a payment made in consequence of any personal injury to the claimant or the claimant’s partner, the value of the trust fund and the value of the right to receive any payment under that trust.

13

The value of the right to receive any income under a life interest or from a liferent.

14

The value of the right to receive any income which is disregarded under paragraph 11 of Schedule 8 or paragraph 23 of Schedule 9 (earnings or other income to be disregarded).

15

The surrender value of any policy of life insurance.

16

Where any payment of capital falls to be made by instalments, the value of the right to receive any outstanding instalments.

17

• (1) Any payment made by a local authority in accordance with—

• (a) section 17, 23B, 23C or 24A of the Children Act 1989,

• (b) section 12 of the Social Work (Scotland) Act 1968, ...

• (c) section 26A, 29 or 30 of the Children (Scotland) Act 1995, or

• (d) the following sections of the Social Services and Well-being (Wales) Act 2014—

• (aa) section 37 or 38, but excluding any direct payment made in accordance with regulations made under section 51 of that Act, or

• (bb) section 109, 110, 114 or 115.

• (2) Any payment (or part of a payment) made by a local authority in accordance with section 23C of the Children Act 1989 or section 26A or 29 of the Children (Scotland) Act 1995 (local authorities’ duty to promote welfare of children, duty to provide continuing care and provision of advice and assistance for certain young persons) to a person (“A”) which A passes on to the claimant.

• (3) Sub-paragraphs (1) and (2) are subject to the following provisions.

• (4) Neither of those sub-paragraphs applies where the claimant is a person—

• (a) to whom section 126 of the Contributions and Benefits Act (trade disputes) applies, or

• (b) in respect of whom section 124(1) of the Contributions and Benefits Act (conditions of entitlement to income support) has effect as modified by section 127 of that Act (effect of return to work).

• (5) Sub-paragraph (2) applies only where A—

• (a) was formerly in the claimant’s care, and

• (b) is aged 18 or over or, in the case of a payment or part of a payment made in accordance with section 26A of the Children (Scotland) Act 1995, aged 16 or over, and

• (c) continues to live with the claimant.

18

Any social fund payment made pursuant to Part 8 of the Contributions and Benefits Act.

19

Any refund of tax which falls to be deducted under section 369 of the Income and Corporation Taxes Act 1988 (mortgage interest payable under deduction of tax) on a payment of relevant loan interest for the purpose of acquiring an interest in the home or carrying out repairs or improvements in the home.

20

Any capital which under regulation 41, 44(1) or 66A (capital treated as income, modifications in respect of children and young persons or treatment of student loans) is to be treated as income.

21

Where a payment of capital is made in a currency other than sterling, any banking charge or commission payable in converting that payment into sterling.

Signed

Secretary of State for Social Services

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1986 c. 50; section 84(1) is an interpretation provision and is cited because of the meanings assigned to the words “prescribed” and “regulations”.

[^f00002]: 1975 c. 14; section 114 is applied by section 52(3)(b) of the Social Security Act 1986 (c. 50); section 166(3A) is inserted by section 62 of that Act and section 166(1) to (3A) is applied by section 83(1) of that Act.

[^f00003]: Section 35 was amended by the National Health Service Act 1977 (c. 49), Schedule 15, paragraph 63, by the Social Security Act 1979 (c. 18) section 2 and by the Social Security Act 1980 (c. 30), Schedule 1, Part II, paragraph 8.

[^f00004]: Subsections (3) and (4) of section 61 were added by the Social Security Act 1986 (c. 50), section 39 and Schedule 3, paragraph 6.

[^f00005]: 1975 c. 16.

[^f00006]: S.I. 1983/686; the relevant amending instruments are S.I. 1983/1164 and 1984/1675.

[^f00007]: S.I. 1987/1968.

[^f00008]: 1975 c. 61.

[^f00010]: Section 37A was inserted by section 22(1) of the Social Security Pensions Act 1975 (c. 60) and amended by the National Health Service Act 1977 (c. 49), Schedule 15, paragraph 64, the Social Security Act 1979 (c. 18), section 3 and by Sections 71 and 86 and Schedule 11 of the Social Security Act 1986 (c. 50).

[^f00011]: S.I. 1983/883; article 26A was added by S.I. 1983/1116 and amended by S.I. 1983/1521 and 1986/592.

[^f00012]: S.I. 1983/686, amended by S.I. 1983/1164, 1540 and 1986/628.

[^f00013]: 1975 c. 14.

[^f00014]: 1976 c. 71, as amended by section 6(1) of, and Part I of Schedules 2 to, the Social Security Act 1980 (c. 30).

[^f00015]: S.I. 1976/965; the relevant amending instruments are S.I. 1980/1054, 1982/470 and 1987/357.

[^f00016]: 1970 c. 10.

[^f00017]: S.I. 1986/2218, to which there are no relevant amending instruments.

[^f00018]: S.I. 1976/615; the relevant amending instruments are S.I. 1982/699 and 1987/409.

[^f00019]: 1975 c. 14; section 17(1) was amended by the Social Security (No. 2) Act 1980 (c. 39), sections 3(1), 7(6) and the Schedule.

[^f00020]: See sections 12(1)(a) and (b) and 14 of the Social Security Act 1975 (c. 14); section 12(1)(a) and (b) ws amended by the Social Security (No. 2) Act 1980 (c. 39), section 7(6) and the Health and Social Security Act 1984 (c. 48), Schedule 5, paragraph 2; section 14 was amended by the Social Security Pensions Act 1975 (c. 60), sections 18(1) and 65, Schedule 4, paragraph 39, the Social Security Act 1979 (c. 18) and section 21(4), Schedule 3, paragraph 6, the Social Security and Housing Benefits Act 1982 (c. 24), sections 39(3) and 48, Schedule 4, paragraph 9; the Social Security (No. 2) Act 1980 (c. 39), section 7 and the Schedule and the Social Security Act 1986 (c. 50), section 86, Schedule 10, paragraph 83.

[^f00021]: S.I. 1987/1968.

[^f00022]: S.I. 1975/529.

[^f00023]: S.I. 1986/2218, to which there are no relevant amending instruments.

[^f00024]: S.I. 1976/615, the relevant amending instruments are S.I. 1982/699 and S.I. 1987/409.

[^f00025]: 1975 c. 61 as amended by sections 4, 8 and 21 of, and Schedule 5, Part I to, the Social Security Act 1980 (c. 30) and by section 70 of the Social Security Act 1986 (c. 50).

[^f00026]: S.I. 1983/883.

[^f00027]: 1977 c. 49; section 4 was amended by section 148, Schedule 4, paragraph 47 of the Mental Health Act 1983 (c. 20).

[^f00028]: 1984 c. 36.

[^f00029]: S.I. 1983/1964.

[^f00030]: S.I. 1984/988.

[^f00031]: 1955 c. 18.

[^f00032]: 1955 c. 19.

[^f00033]: 1957 c. 53.

[^f00034]: 1958 c. 5.

[^f00035]: 1958 c. 40.

[^f00036]: 1958 c. 65.

[^f00037]: 1968 c. 49.

[^f00038]: 1969 c. 46.

[^f00039]: 1969 c. 54.

[^f00040]: 1973 c. 18.

[^f00041]: 1973 c. 29.

[^f00042]: 1975 c. 72.

[^f00043]: 1978 c. 22.

[^f00044]: 1978 c. 28.

[^f00045]: 1980 c. 5.

[^f00046]: 1980 c. 6.

[^f00047]: S.I. 1987/1325.

[^f00048]: S.I. 1983/1399; the relevant amending instruments are S.I. 1985/1835 and 1986/1292.

[^f00049]: 1984 c. 23.

[^f00050]: 1938 c. 73, section 10 was amended by section 15 of the Mental Health (Scotland) Act 1960 (c. 61), and that amendment is preserved notwithstanding the repeal of that 1960 Act by section 126(1)(a) of the Mental Health (Scotland) Act 1984 (c. 36). Section 10 was also amended by Schedule 7 of the National Health Service (Scotland) Act 1972 (c. 58), Schedules 7 and 8 of the Nurses, Midwives and Health Visitors Act 1979 (c. 36) and by Schedule 7 of the Health Services Act 1980 (c. 53) and subsection (2) of that section 10 was added by section 26 of, and paragraph 14 of Schedule 4 to the Health Services Act 1980 (c. 53).

[^f00051]: 1984 c. 36.

[^f00052]: 1968 c. 49, section 61 was amended by the Criminal Proceedings (Scotland Act) 1975 (c. 21), section 289C and G and Schedule 7C.

[^f00053]: 1964 c. 56.

[^f00054]: 1971 c. 77, as amended by the British Nationality Act 1981 (c. 61), section 39 and Schedule 4.

[^f00055]: Cmnd 9512.

[^f00056]: S.I. 1975/555, the relevant amending instruments are 1977/1693 and 1987/1683.

[^f00057]: 1983 c. 72.

[^f00058]: 1948 c. 29; section 21 was amended by the Local Government Act 1972 (c. 70), Schedule 23, paragraphs 1 and 2 and Schedule 30; the National Health Service Reorganisation Act 1973 (c. 32), Schedule 4, paragraph 44 and Schedule 5; the Housing (Homeless Persons) Act 1977 (c. 48), Schedule; the National Health Service Act 1977 (c. 49), Schedule 15, paragraph 5; the Health Services Act 1980 (c. 53), Schedule 1, Part I, paragraph 5. Section 22 was amended by the Social Work (Scotland) Act 1968 (c. 49), section 87(4) and Schedule 9, Part I; the Supplementary Benefits Act 1976 (c. 71), Schedule 7, paragraph 3; the Housing (Homeless Persons) Act 1977 (c. 48), Schedule; the Social Security Act 1980 (c. 30), section 20, Schedule 4, paragraph 2(1) and Schedule 5, Part II and the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), section 20(1)(a). Section 24 was amended by the National Assistance (Amendment) Act 1959 (c. 30), section 1(1); the National Health Service (Scotland) Act 1972 (c. 58), Schedule 6, paragraph 82; the Local Government Act 1972 (c. 70), Schedule 23, paragraph 2; the National Health Service Reorganisation Act 1972 (c. 32), Schedule 4, paragraph 45 and the Housing (Homeless Persons) Act 1977 (c. 48), Schedule. Section 26 was amended by the Health Services and Public Health Act 1968 (c. 46), section 44 and Schedule 4 and the Social Work (Scotland) Act 1968 (c. 49) Schedule 9, Part I and applied by section 87(3); the Local Government Act 1972 (c. 70), Schedule 23, paragraph 2; the Housing (Homeless Persons) Act 1977 (c. 48), Schedule and the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), section 20(1)(b).

[^f00059]: 1947 c. 27, as applied by section 1(4)(c) of the Social Work (Scotland) Act 1968 (c. 49), section 27 for the purposes of section 1(4)(c) of the 1968 Act is continued in force by paragraph 15 of Schedule 15 to the National Health Service (Scotland) Act 1978 (c. 29).

[^f00060]: 1968 c. 49.

[^f00061]: 1977 c. 49, paragraph 1(2) and 2(5) of Schedule 8 were repealed by section 30 of, and Schedule 10 to, the Health and Social Services and Social Security Adjudications Act 1983, and paragraph 2(1) and (3) of Schedule 8 were amended by section 148 of, and Schedule 4 to, the Mental Health Act 1983 (c. 20).

[^f00062]: 1975 c. 14; subsection (1) was amended and subsection (1A) was added by the Social Security Act 1986 (c. 5),section 43.

[^f00063]: See sections 12(1)(a) to (c), 14 to 16 and 36 of the Social Security Act 1975 (c. 14); section 12(1)(a) and (b) was amended by the Social Security (No. 2) Act 1980 (c. 39), section 7(6) and the Health and Social Security Act 1984 (c. 48), Schedule 5, paragraph 2; section 14 was amended by the Social Security Pensions Act 1975 (c. 60), section 18(1) and 65, Schedule 4, paragraph 39, the Social Security Act 1979 (c. 18) section 21(4), Schedule 3, paragraph 6, the Social Security and Housing Benefits Act 1982 (c. 24) sections 39(3) and 48, Schedule 4, paragraph 9; the Social Security (No. 2) Act 1980 (c. 39) section 7 and the Schedule and the Social Security Act 1986 (c. 50) section 86 Schedule 10 paragraph 83; section 15 was amended by the Social Security Pensions Act 1975 section 65, Schedule 4, paragraph 40, the Social Security Act 1979 section 21, Schedule 1, paragraph 1, Schedule 3, paragraph 7, the Social Security and Housing Benefits Act 1982 section 48, Schedule 4 paragraph 10; and the Social Security Act 1986 (c. 50) section 86 Schedule 10 Part V paragraph 83; section 15A was inserted by section 18(3) of the Social Security Act 1985 (c. 53); section 16 was amended by the Social Security Act 1979, Schedule 1, paragraph 10 and the Social Security Act 1985 section 9(1) and modified for certain purposes by the Social Security Act 1986 (c. 50) section 4; section 36 was substituted by the Health and Social Security Act 1984, section 11 and subsection 4A was added by the Social Security Act 1985 Schedule 4, paragraph 3.

[^f00064]: 1978 c. 44; section 68(2) was amended by the Employment Act 1982 (c. 46) section 21 Schedule 3 paragraph 21;section 71(2) was amended by the Employment Act 1982 (c. 46) sections 5 and 21 Schedule 3 paragraph 22 and Schedule 4.

[^f00065]: 1977 c. 5; section 18(2) was amended by section 159 Schedule 16 paragraph 29 of the Employment Protection (Consolidation) Act 1978 (c. 44) and by section 86(2) of, and Schedule 10 Part IV paragraph 75 and Schedule 11 to, the Social Security Act 1986 (c. 50).

[^f00066]: See sections 1(2) and 4 of the Social Security Act 1975 (c. 14); section 1 was amended by the Employment Protection Act 1975 (c. 71), section 40, the Social Security (Miscellaneous Provisions) Act 1977 (c. 5), section 24 and Schedule 2, the Social Security (Contributions) Act 1982 (c. 2) section 2, the Social Security Act 1985 (c. 53) section 29 and Schedule 5, paragraph 5, the Social Security Act 1986 (c. 50), section 86 and Schedule 11 and S.I. 1987/48; section 4 was amended by the Social Security Pensions Act 1975 (c. 60), Schedule 4, paragraph 36, the Education (School-Leaving Dates) Act 1976 (c. 5), section 2(4), the Social Security Act 1979 (c. 18), section 14(1), the Social Security and Housing Benefits Act 1982 (c. 24), Schedule 5, the Social Security Act 1985 (c. 53) sections 7(1) and (2) and 8(1) the Social Security Act 1986 (c. 50) sections 74(1)(a) and (2) and 86 and Schedule 10, paragraph 104, article 2 of S.I. 1986/25 and article 2 of S.I. 1987/46.

[^f00067]: 1973 c. 50; section 2 was amended by sections 9 and 11 and Schedule 2 Part II paragraph 9 and Schedule 3 of the Employment and Training Act 1981 (c. 57).

[^f00068]: S.I. 1975/529.

[^f00069]: 1970 c. 10; section 8 (1) was amended by the Finance Act 1971 (c. 68) section 37 Schedule 6 paragraphs 1 and 5, and the Finance Act 1985 (c. 54) section 36, subsection (1A) was added by the Finance (No.2) Act 1975 (c. 45) section 31 and amended by the Finance Act 1977 (c. 36) section 22. Subsection (1B) was added by the Finance (No.2) Act 1975 section 31. Section 8 (2) was amended by the Finance Act 1971 section 37 Schedule 6 paragraphs 1 and 5 and article 2 of S.I. 1985/430; sub-paragraph (b) was substituted by the Finance (No.2) Act 1979 (c. 47) section 12 Schedule 2 paragraph 1; sub-paragraph (b) (i) and (ii) were amended by the Finance Act 1981 (c. 35) section 139 Schedule 19 Part VI and the Finance Act 1982 (c. 39) section 157 Schedule 22 Part IV; sub-paragraph (b) (iii) was added by the Finance Act 1981 (c. 35) section 27 and sub-paragraph (b) (iv) by the Finance Act 1987 (c. 16) section 27. Section 14 (1) was amended by the Finance Act 1970 (c. 24) section 14 Schedule 8 Part VI; section 14 (2) was amended by the Finance Act 1976 (c. 40) section 36, the Finance (No.2) Act 1979 (c. 47) section 11 Schedule 1 paragraph 2 and the Finance Act 1980 (c. 48) section 24.

[^f00070]: Section 7 (1) was amended by section 2 (4) of the Education (School-Leaving Dates) Act 1976 (c. 5), section 17 (1) of the Health and Social Security Act 1984 (c. 48) article 3 of S.I. 1986/25 and article 3 of S.I. 1987/46.

[^f00071]: Section 9 was amended by sections 4 and 65 of, and Schedule 5 to, the Social Security Pensions Act 1975 (c. 60), the Social Security (Contributions) Act 1982 (c. 2) section 1 and by S.I. 1986/25.

[^f00072]: Section 7 (5) was amended by article 3 of S.I. 1986/25 and S.I. 1987/46.

[^f00073]: The benefit Acts are specified in section 84(1) of the Social Security Act 1986 (c. 50).

[^f00074]: 1980 c. 5.

[^f00075]: 1968 c. 49.

[^f00076]: S.I. 1976/1267; relevant amending instruments are S.I. 1980/110, 1986/1172 and 1987/45.

[^f00077]: S.I. 1987/491.

[^f00078]: S.I. 1983/1598.

[^f00079]: 1944 c. 31 section 8 was amended by the Education (Miscellaneous Provisions) Act 1948 (c. 40) section 3, the Education Act 1980 (c. 20) section 38 and Schedule 7 and by the Education Act 1981 (c. 60) section 2.

[^f00080]: 1980 c. 44 section 50 was amended by the Education (Scotland) Act 1981 (c. 58) section 2.

[^f00081]: 1952 c. 52; section 30 was substituted by section 66 (3) of the Criminal Justice Act 1967 (c. 80).

[^f00082]: 1952 c. 61.

[^f00083]: 1975 c. 72; as amended by section 64 of the Domestic Proceedings and Magistrates Courts Act 1978 (c. 22).

[^f00084]: 1944 c. 31 as amended by S.I. 1974/595 article 3(22) Schedule 1 Part I and by S.I. 1977/293, article 4(1).

[^f00085]: 1980 c. 44.

[^f00086]: S.I. 1986/594 (NI 3).

[^f00087]: 1965 c. 4.

[^f00088]: S.I. 1987/1261.

[^f00089]: 1971 c. 77 as amended by the British Nationality Act 1981 (c. 61), section 39 and Schedule 4.

[^f00090]: 1980 c. 5.

[^f00091]: 1968 c. 49.

[^f00092]: 1975 c. 14; subsection (3) of section 37 amended by sections 37, 86 and Schedule 11 of the Social Security Act 1986 (c. 50).

[^f00093]: 1948 c. 29; section 29 was amended by section 1(2) of the National Assistance (Amendment) Act 1959 (c. 30); the Mental Health (Scotland) Act 1960 (c. 61), sections 113 and 114 and Schedule 4; the Local Government Act 1972 (c. 70), Schedule 23, paragraph 2; the Employment and Training Act 1973 (c. 50), Schedule 3, paragraph 3; the National Health Service Act 1977 (c. 49), Schedule 15, paragraph 6; and the Health and Social Services and Social Security Adjudication Act 1983 (c. 41), Schedule 10, Part I.

[^f00094]: 1977 c. 8.

[^f00095]: Cmnd. 9171.

[^f00096]: Cmnd. 3906.

[^f00097]: S.I. 1979/597.

[^f00098]: 1973 c. 50 as amended by sections 9 and 11 and Schedule 2 Part II paragraph 9 and Schedule 3 of the Employment and Training Act 1981 (c. 57).

[^f00099]: Section 15 was amended by the Social Security Pensions Act 1975 (c. 60), Schedule 4 paragraph 40, the Social Security Act 1979 (c. 18) section 21, Schedule 1, paragraph 1 and Schedule 3 paragraph 7, the Social Security and Housing Benefits Act 1982 (c. 24), Schedule 4, Part I, paragraph 10 and the Social Security Act 1986 (c. 50), Schedule 10, Part V, paragraph 83.

[^f00100]: Section 36 was substituted by the Health and Social Security Act 1984 (c. 48), section 11; and subsection (4A) of that section inserted by the Social Security Act 1985 (c. 53), Schedule 4, paragraph 3.

[^f00101]: 1977 c. 49; section 5(2) amended and subsection (2A) added by section 1 of the Public Health Laboratory Service Act 1979 (c. 23) and subsection (2B) added by section 9 of the Health and Social Security Act 1984 (c. 48).

[^f00102]: 1978 c. 29.

[^f00103]: 1948 c. 29; section 29 was amended by section 1(2) of the National Assistance (Amendment) Act 1959 (c. 30); the Mental Health (Scotland) Act 1960 (c. 61) sections 113 and 114 and Schedule 4; the Local Government Act 1972 (c. 70) Schedule 23 paragraph 2; the Employment and Training Act 1973 (c. 50) Schedule 3 paragraph 3; the National Health Service Act 1977 (c. 49) Schedule 15 paragraph 6; and the Health and Social Services and Social Security Adjudications Act 1983 (c. 41) Schedule 10 Part I.

[^f00104]: 1982 c. 24.

[^f00105]: S.I. 1975/548; the relevant amending instrument is S.I.1983/1015.

[^f00106]: Section 37 was amended by the Social Security (Miscellaneous Provisions) Act 1977 (c. 5), section 22(2).

[^f00107]: 1948, c. 29; section 21 was amended by the Local Government Act 1972 (c. 70), Schedule 23 paragraphs 1 and 2 and Schedule 30; the National Health Service Reorganisation Act 1973 (c. 32), Schedule 4 paragraph 44 and Schedule 5; the Housing (Homeless Persons) Act 1977 (c. 48), Schedule; the National Health Service Act 1977 (c. 49), Schedule 15 paragraph 5; the Health Services Act 1980 (c. 53), Schedule 1 Part I paragraph 5. Section 22 was amended by the Social Work (Scotland) Act 1968 (c. 49), section 87(4) and Schedule 9 Part I; the Supplementary Benefits Act 1976 (c. 71) Schedule 7 paragraph 3; the Housing (Homeless Persons) Act 1977 (c. 48), Schedule; the Social Security Act 1980 (c. 30), section 20, Schedule 4 paragraph 2(1) and Schedule 5 Part II and the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), section 20(1) (a). Section 24 was amended by the National Assistance (Amendment) Act 1959 (c. 30), section 1(1); the National Health Service (Scotland) Act 1972 (c. 58), Schedule 6 paragraph 82; the Local Government Act 1972 (c. 70), Schedule 23 paragraph 2; the National Health Service Reorganisation Act 1972 (c,32), Schedule 4 paragraph 45 and the Housing (Homeless Persons) Act 1977 (c. 48), Schedule. Section 26 was amended by the Health Services and Public Health Act 1968 (c. 46), section 44 and Schedule 4 and the Social Work (Scotland) Act 1968 (c. 49) Schedule 9 Part I and applied by section 87(3); the Local Government Act 1972 (c. 70), Schedule 23 paragraph 2; the Housing (Homeless Persons) Act 1977 (c. 48), Schedule and the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), section 20 (1) (b).

[^f00108]: 1977 c. 49.

[^f00109]: 1968 c. 49.

[^f00110]: 1967 c. 9; sections 48(5) and (6) were amended by the Local Government Planning and Land Act 1980 (c. 65) section 33; section 48(6) was also amended by the Rates Act 1984 (c. 33) section 16 Schedule 1 paragraph 10.

[^f00111]: 1980 c. 45.

[^f00112]: 1982 c. 39.

[^f00113]: Section 104 is applied by section 52(3) of the Social Security Act 1986 (c. 50); sub-section (1) was substituted by section 52 of, and paragraph 10 of Schedule 5 to, the Social Security Act 1986.

[^f00114]: S.I. 1987/ .

[^f00115]: S.I. 1987/ .

[^f00116]: 1977 c. 42; Part II of Schedule 15 was amended by the Housing Act 1980 (c. 51) sections 55, 66, 67 and by the Rent (Amendment) Act 1955 (c. 24) section 2.

[^f00117]: 1984 c. 58.

[^f00118]: 1980 c. 51.

[^f00119]: 1980 c. 52.

[^f00120]: 1976 c. 80.

[^f00121]: 1955 (c. 21), 1961 (c. 58).

[^f00122]: 1973 c. 50 as amended by sections 9 and 11 and Schedule 2 Part II paragraph 9 and Schedule 3 of the Employment and Training Act 1971 (c. 57).

[^f00123]: 1975 c. 14; section 35(2) was amended and subsection (2A) was added by the Social Security Act 1979 (c. 18) section 2. Subsections (3) and (4) of section 61 were added by the Social Security Act 1986 (c. 50) section 39, Schedule 3 paragraph 6.

[^f00124]: subsections (3) and (4) of section 61 were added by the Social Security Act 1986 (c. 50) section 39, Schedule 3 paragraph 6.

[^f00125]: S.I. 1983/883.

[^f00126]: S.I. 1983/686.

[^f00127]: 1984 c. 23.

[^f00128]: 1985 c. 68.

[^f00129]: 1980 c. 5.

[^f00130]: 1968 c. 49.

[^f00131]: S.I. 1983/1399.

[^f00132]: 1983 c. 20.

[^f00133]: 1984 c. 36.

[^f00134]: 1977 c. 49, paragraph 2 of Schedule 8 was amended by section 148 of, and Schedule 4 to, the Mental Health Act 1983 and section 30 of, and Schedule 10 to, the Health and Social Services and Social Security Adjudications Act 1983 (c. 41).

[^f00135]: 1984 c. 23.

[^f00136]: 1985 c. 68.

[^f00137]: 1980 c. 5.

[^f00138]: 1968 c. 49.

[^f00139]: S.I. 1987/ .

[^f00140]: 1947 c. 19, as amended by Schedule 4 of the Social Security Act 1980 (c. 30) and by S.I. 1951/174 and 1968/1699.

[^f00141]: 1976 c. 71, as amended by section 6 of, and Schedule 2 and Schedule 65 Part II to, the Social Security Act 1980 and by section 102 and Schedule 17 of the Local Government Act 1985 (c. 51).

[^f00142]: S.I. 1987/ .

[^f00143]: 1976 c. 71; section 6 was substituted by section 6(1) and Schedule 2 Part I paragraph 6 of the Social Security Act 1980 (c. 30).

[^f00144]: S.I. 1986/1888 (NI 18); the relevant amending instrument is S.I. 1987/464 (NI 8).

[^f00145]: S.I. 1977/2156 (NI 27); the relevant amending instruments are S.I. 1980/870 (NI 18), S.I. 1987/464 (NI 8).

[^f00146]: 1947 c. 41, 1951 c. 27, 1959 c. 44.

[^f00147]: S.I. 1979/591; Part I of Schedule 3 substituted by S.I. 1980/1975.

[^f00148]: 1975 c. 14; section 35 (3) was amended by section 2 of the Social Security Act 1979 (c. 18).

[^f00149]: 1944 c. 31; section 81 was amended by S.I. 1964/490.

[^f00150]: 1962 c. 12; section 2 (1) was substituted by section 19 of, and Schedule 5 to, the Education Act 1980 (c. 20).

[^f00151]: 1980 c. 44.

[^f00152]: 1973 c. 50; section 2 was amended by sections 9 and 11 Schedule 2 Part II paragraph 9 and Schedule 3 of the Employment and Training Act 1981 (c. 57).

[^f00153]: 1982 c. 39.

[^f00154]: 1958 7 & 8 Eliz.2. c.5; section 50 (4) was added by the Children Act 1975 (c. 72) section 32.

[^f00155]: 1978 c. 28.

[^f00156]: 1975 c. 72 as amended by section 64 of the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22).

[^f00157]: 1980 c. 5; amended by section 9 Schedule 2 paragraph 49 of the Health and Social Services and Social Security Adjudication Act 1983 (c. 41).

[^f00158]: 1968 c. 49.

[^f00159]: S.I. 1985/1799.

[^f00160]: 1970 c. 55.

[^f00161]: 1985 c. 69.

[^f00162]: 1987 c. 26.

[^f00163]: 1982 c. 39.

Rounding of fractions

PART VII — CALCULATION OF INCOME SUPPORT FOR PART-WEEKS

Amount of income support payable

73

• (1) Subject to regulations 75 (modifications in income) and 76 (reduction in certain cases), where a claimant is entitled to income support for a period (referred to in this Part as a part-week) to which subsection (1A) of section 21 of the Act (amount etc. of income-related benefit) applies, the amount of income support payable shall, except where paragraph (2) applies, be calculated in accordance with the following formulae—

• (a) if the claimant has no income,

$N×A7;$

• (b) if the claimant has income,

$(N×(A-I)7)-B.$

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In this Regulation—

• “A”, ... means the claimant’s weekly applicable amount in the relevant week;

• “B” means the amount of any income support, jobseeker’s allowance, maternity allowance, short-term or long-term incapacity benefit, severe disablement allowance or employment and support allowance payable in respect of any day in the part-week;

• “I” means his weekly income in the relevant week less B;

• “N” means the number of days in the part-week;

• “relevant week” means the period of 7 days determined in accordance with regulation 74.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Relevant week

74

• (1) Where the part-week—

• (a) is the whole period for which income support is payable or occurs at the beginning of the claim, the relevant week is the period of 7 days ending on the last day of that part-week; or

• (b) occurs at the end of the claim, the relevant week is the period of 7 days beginning on the first day of that part-week.

• (2) Where during the currency of a claim the claimant makes a claim for a relevant social security benefit within the meaning of paragraph 4 of Schedule 7 to the Social Security (Claims and Payments) Regulations 1987 and as a result his benefit week changes, for the purpose of calculating the amount of income support payable—

• (a) for the part-week beginning on the day after his last complete benefit week before the date from which he makes a claim for the relevant social security benefit and ending immediately before that date, the relevant week is the period of 7 days beginning on the day after his last complete benefit week (the first relevant week);

• (b) for the part-week beginning on the date from which he makes a claim for the relevant social security benefit and ending immediately before the start of his next benefit week after the date of that claim, the relevant week is the period of 7 days ending immediately before the start of his next benefit week (the second relevant week).

• (3) Where during the currency of a claim the claimant’s benefit week changes at the direction of the Secretary of State under paragraph 3 of Schedule 7 to the Social Security (Claims and Payments) Regulations 1987, for the purpose of calculating the amount of income Support payable for the part-week beginning on the day after his last complete benefit week before the change and ending immediately before the change, the relevant week is the period of 7 days beginning On the day after the last complete benefit week.

Modifications in the calculation of income

75

For the purposes of regulation 73 (amount of income support payable for part-weeks), a claimant’s income and the income of any person which the claimant is treated as possessing under section 22(5) of the Act or regulation 23(3) shall be calculated in accordance with Part V and, where applicable, VI subject to the following modifications—

• (a) any income which is due to be paid in the relevant week shall be treated as paid on the first day of that week;

• (b) any income support, jobseeker’s allowance, maternity allowance, short-term or long-term incapacity benefit, severe disablement allowance , employment and support allowance or universal credit ... payable in the relevant week but not in respect of any day in the part-week shall be disregarded;

• (c) where the part-week occurs at the end of the claim, any income or any change in the amount of income of the same kind which is first payable within the relevant week but not on any day in the part-week shall be disregarded;

• (d) where the part-week occurs immediately after a period in which a person was treated as engaged in remunerative work under regulation 5(5) (persons treated as engaged in remunerative work) any earnings which are taken into account for the purposes of determining that period shall be disregarded;

• (e) where regulation 74(2) (relevant week) applies, any payment of income which—

• (i) is the final payment in a series of payments of the same kind or, if there has been an interruption in such payments, the last one before the interruption;

• (ii) is payable in respect of a period not exceeding a week; and

• (iii) is due to be paid on a day which falls within both the first and second relevant weeks,

shall be taken into account in either the first relevant week or, if it is impracticable to take it into account in that week, in the second relevant week; but this paragraph shall not apply to a payment of income support, jobseeker’s allowance, maternity allowance, short-term or long-term incapacity benefit , severe disablement allowance or employment and support allowance ...;

• (f) where regulation 74(2) applies, any payment of income which—

• (i) is the final payment in a series of payments of the same kind or, if there has been an interruption in such payments, the last one before the interruption;

• (ii) is payable in respect of a period exceeding a week but not exceeding 2 weeks; and

• (iii) is due to be paid on a day which falls within both the first and second relevant weeks,

shall be disregarded; but this sub-paragraph shall not apply to a payment of income support, jobseeker’s allowance, maternity allowance, short-term or long-term incapacity benefit, severe disablement allowance or employment and support allowance ...;

• (g) where regulation 74(2) applies, if the weekly amount of any income which is due to be paid on a day which falls within both the first and second relevant weeks is more than the weekly amount of income of the same kind due to be paid in the last complete benefit week, the excess shall be disregarded;

• (h) where only part of the weekly amount of income is taken into account in the relevant week, the balance shall be disregarded.

Reduction in certain cases

76

There shall be deducted from the amount of income support which would, but for this regulation, be payable for a part-week—

• (a) in the case of a claimant to whom regulation 22A (reduction in applicable amount where the claimant is appealing against a decision which embodies a determination that he is not incapable of work) applies, the proportion of the relevant amount specified therein appropriate to the number of days in the part-week;

• (b) where regulation 75(f) (modifications in the calculation of income) applies, one-half of the amount disregarded under regulation 75(f) less the weekly amount of any disregard under Schedule 8 or 9 appropriate to that payment.

Modification of section 23(5) of the Act

77

Where income support is payable for a part-week, section 23(5) of the Act (trade disputes) shall have effect as if the following paragraph were substituted for paragraph (b)—

(b) any payment by way of income support for a part-week which apart from this paragraph would be made to him, or to a person whose applicable amount is aggregated with his— (i) shall not be made if the payment for that part-week is equal to or less than the proportion of the relevant sum appropriate to the number of days in the part-week; or (ii) if it is more than that proportion, shall be made at a rate equal to the difference.

1

The weekly amounts specified in column (2) below in respect of each person or couple specified in column (1) shall be the weekly amounts specified for the purposes of regulations 17(1) and 18(1) (applicable amounts and polygamous marriages)—

2

(1)The weekly amounts specified in column (2) below in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the weekly amounts specified for the purposes of regulations 17(1)(b) and 18(1)(c).

3

• (1)

The weekly amount for the purposes of regulations 17(1)(c) and 18(1)(d) in respect of a family of which at least one member is a child or young person shall be

• (a) where the claimant is a lone parent to whom the conditions in both sub-paragraphs (2) and (3) apply and no premium is applicable under paragraph 9, 9A, 10 or 11, £19.48

• (b) in any other case, £19.48.

• (2) The first condition for the purposes of sub-paragraph (1)(a) is that the claimant—

• (a) was both a lone parent and entitled to income support on 5th April 1998; or

• (b) does not come within head (a) above but—

• (i) was both a lone parent and entitled to income support on any day during the period of 12 weeks ending on 5th April 1998;

• (ii) was both a lone parent and entitled to income support on any day during the period of 12 weeks commencing on 6th April 1998; and

• (iii) the last day in respect of which (i) above applied was no more than 12 weeks before the first day in respect of which (ii) above applied.

• (3) The second condition for the purposes of sub-paragraph (1)(a) is that as from the appropriate date specified in sub-paragraph (4), the claimant has continued, subject to sub-paragraph (5), to be both a lone parent and entitled to income support.

• (4) The appropriate date for the purposes of sub-paragraph (3) is—

• (a) in a case to which sub-paragraph (2)(a) applies, 6th April 1998;

• (b) in a case to which sub-paragraph (2)(b) applies, the first day in respect of which sub-paragraph (2)(b)(ii) applied.

• (5) For the purposes of sub-paragraph (3), where the claimant has ceased, for any period of 12 weeks or less, to be—

• (a) a lone parent; or

• (b) entitled to income support; or

• (c) both a lone parent and entitled to income support,

the claimant shall be treated, on again becoming both a lone parent and entitled to income support, as having continued to be both a lone parent and entitled to income support throughout that period.

• (6) In determining whether the conditions in sub-paragraphs (2) and (3) apply, entitlement to an income-based jobseeker’s allowance shall be treated as entitlement to income support for the purposes of any requirement that a person is entitled to income support.

• (7) For the purposes of this paragraph, a claimant shall be treated as having been entitled to income support throughout any period which comprises only days on which he was participating in an employment zone programme and was not entitled to income support because, as a consequence of his participation in that programme, he was engaged in remunerative work or had income in excess of his applicable amount as prescribed in Part IV.

4

Except as provided in paragraph 5, the weekly premiums specified in Part IV of this Schedule shall, for the purposes of regulations 17(1)(d) and 18(1)(e), be applicable to a claimant who satisfies the condition specified in paragraphs 9 paragraphs 8A to 14ZA in respect of that premium.

5

Subject to paragraph 6, where a claimant satisfies the conditions in respect of more than one premium in this Part of this Schedule, only one premium shall be applicable to him and, if they are different amounts, the higher or highest amount shall apply.

6

• (1) Subject to sub-paragraph (2), the following premiums, namely—

• (a) a severe disability premium to which paragraph 13 applies;

• (b) an enhanced disability premium to which paragraph 13A applies;

• (c) a disabled child premium to which paragraph 14 applies; and

• (d) a carer premium to which paragraph 14ZA applies,

may be applicable in addition to any other premium which may apply under this Schedule.

• (2) An enhanced disability premium in respect of a person shall not be applicable in addition to—

• (a) a pensioner premium under paragraph 9 or 9A; or

• (b) a higher pensioner premium under paragraph 10.

Additional condition for the Higher Pensioner and Disability Premiums

Severe Disability Premium

Disabled Child Premium

15

—

• (1) Lone parent premium.

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . .

3

. . .

4

. . .

5

. . .

6

A claimant who is without accommodation.

7

A claimant who is a member of and fully maintained by a religious order.

8