The Income Support (General) Amendment Regulations 1991

Made: 13th February 1991

Laid before Parliament: 20th February 1991

Coming into force

The Secretary of State for Social Security in exercise of the powers conferred bysections 20(1)(a), (3)(a) and (d), (4), (12)(d) and (e), 22(1), (8) and (9) and 84(1) of the Social Security Act 1986[^f00001] and section 166(1) to (3A) of the Social Security Act 1975[^f00002] and of all other powers enabling him in that behalf, after agreement by the Social Security Advisory Committee[^f00003] that proposals to make these Regulations should not be referred to it, hereby makes the following Regulations:

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Income Support (General) Amendment Regulations 1991 and shall, subject to paragraph (2) below, come into force as follows—

• (a) regulations 1 and 9 and 10, on 13th March 1991;

• (b) regulations 2 to 8 and 11 to 14, on 8th April 1991;

• (2) These Regulations shall not apply in relation to a particular claimant until the beginning of the first benefit week to commence for that claimant on or after the date specified in paragraph (1) above which applies in his case; and for this purpose the expressions “claimant” and “benefit week” have the same meanings as in the General Regulations.

• (3) In these Regulations “the General Regulations” means the Income Support (General) Regulations 1987[^f00004].

Amendment of regulations 2, 9, 10, 11 and 13A of, and Schedules 2 and 7 to, the General Regulations

2

• (1) In the provisions of the General Regulations specified in this paragraph for the words “Training Commission”, there shall be substituted the words “Secretary of State for Employment”—

• (a) regulation 2 (interpretation) in paragraph (a) of the definition of “training allowance”;

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

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

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) paragraph 7(b) of Schedule 2 (premiums);

• (f) paragraph 10(e), in column 1 of Schedule 7 (applicable amounts in special cases).

• (2) In regulation 2 in paragraph (c) of the definition of “training allowance”, for the words “that Commission” there shall be substituted the words “the Secretary of State for Employment”.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Amendment of regulation 8 of the General Regulations

3

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Amendment of regulation 11 of the General Regulations

4

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Amendment of regulation 13 of the General Regulations

5

In regulation 13(2)(d) of the General Regulations (circumstances in which persons in relevant education may be entitled to income support) for the words “parents or any” there shall be substituted the words “parents and any”; and for the words “parents or that person” there shall be substituted the words “parents and that person”.

Amendment of regulation 13A of the General Regulations

6

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

Amendment of regulation 21 of the General Regulation

7

In regulation 21(3)(a) of the General Regulations (special cases) after the words “on 11th December 1953),” there shall be inserted the words “a state which is a signatory to the Council of Europe Social Charter (signed in Turin on 18th October 1961),”.

Amendment of regulation 22 of the General Regulations

8

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Amendment of regulations 40 and 66A of the General Regulations

9

In regulations 40(3A) and 66A(1) of the General Regulations (calculation of income other than earnings and treatment of student loans) after the words “Education (Student Loans) Act 1990” there shall be inserted in each of those regulations the words “or article 3 of the Education (Student Loans) (Northern Ireland) Order 1990[^f00006]”.

Amendment of Schedule 1 to the General Regulations

10

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Amendment of Schedule 1A to the General Regulations

11

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Amendment of Schedule 3 to the General Regulations

12

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Amendment of Schedule 7 to the General Regulations

13

In Schedule 7 to the General Regulations (applicable amounts in special cases), in paragraph 17, head (ii) of sub-paragraph (b) shall be omitted.

Amendment of Schedule 9 to the General Regulations

14

In Schedule 9 to the General Regulations (sums to be disregarded in the calculation of income other than earnings) in paragraph 9 after the words “nursing home” there shall be inserted the words “and he is not a person to whom Part II of Schedule 4 applies (persons to whom regulation 19 does not apply)”.

Signed

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

Nicholas Scott — Minister of State, — Department of Social Security — 13th February 1991

Explanatory note

(This note is not part of the Regulations)

These Regulations further amend the Income Support (General) Regulations 1987 in the following respects:

• (a) they substitute references to “the Secretary of State for Employment” for references to the “Training Commission” (regulation 2); and extend the definition of a “person from abroad” to nationals of states who are signatories to the Council of Europe’s Social Charter (regulation 7);

• (b) they introduce a new method of apportioning housing costs in the case of composite hereditaments created since 1st April 1990 (regulation 12); make provision for student loans granted in Northern Ireland to be treated as income, for the calculation of that income, and for deaf students in receipt of certain educational awards under that country’s legislation to be eligible for benefit (regulations 9 and 10);

• (c) they provide for a person’s applicable amount not to be reduced when an appeal on the question of his incapacity for work is pending (regulation 8); and remove the restriction whereby a lone parent is excluded from receiving an amount in respect of a child who is a person from abroad (regulation 13);

• (d) they remove any overlap or gap in the periods for which a person under 18 may be eligible for income support and for which child benefit is payable (regulation 6); provide for such a person, or a young person in relevant education, living away from his parents to be eligible for income support only if he is also livingaway from a person acting in the place of his parents (regulations 5 and 11); make provision for a person’s attendance allowance to be fully disregarded if he is in a residential care or nursing home and is ineligible for the higher amounts applicable to such homes, (regulation 14); and make certain other minor amendments (regulations 3 and 4).

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; sub-section (1A) was inserted by section 62(1) of the Social Security Act 1986 and section 166(1) to (3A) is applied by section 83(1) of that Act.

[^f00003]: (See the Social Security Act 1986, section 61(1)(b) and (10). The Social Security Act 1989 (c. 24), Schedule 8 added a definition of “regulations” to section 61(10) of the Social Security Act 1986.

[^f00004]: S.I. 1987/1967; relevant amending instruments are S.I. 1988/663, 1228, 1445 and 1843, and 1989/43, 1034, 1323 and 1678 and 1990/547, 1549 and 1657.

[^f00006]: S.I. 1990/1506 (N.I. 11).

Editorial notes

[^key-b1e3d1e5404ebcefd696d8bd8b615ed5]: Reg. 1 in force at 13.3.1991, see reg. 1(1)(a)

[^key-1165d613ee88aa2f073d5ec55b1c6b3c]: Reg. 9 in force at 13.3.1991, see reg. 1(1)(a)

[^key-3fd863e852202ee8eee98bc012ac7e4a]: Reg. 2 in force at 8.4.1991, see reg. 1(1)(b)

[^key-228322a54359acdf1fc381152648f296]: Reg. 5 in force at 8.4.1991, see reg. 1(1)(b)

[^key-84732f3c32c721111d887c4ed31f8064]: Reg. 7 in force at 8.4.1991, see reg. 1(1)(b)

[^key-ce2539948c08c870149fd9318f4b5c8a]: Reg. 13 in force at 8.4.1991, see reg. 1(1)(b)

[^key-c8b5f8a60a53187e5a31a3d942fc9499]: Reg. 14 in force at 8.4.1991, see reg. 1(1)(b)

[^key-0b09f76103dd30dafe47ab80c0dd359f]: Reg. 12 revoked (with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Income Support and Claims and Payments) Amendment Regulations 1995 (S.I. 1995/1613), reg. 1(1), Sch. 4 (with reg. 5(2))

[^key-2e473d1014d4f02927a734e346013fa1]: Reg. 2(1)(b) revoked in part (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/206), regs. 1(1), 28, Sch. 3

[^key-4d9f8b70d5f42d9237dd0ac4b0af25bf]: Reg. 2(1)(c) revoked in part (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/206), regs. 1(1), 28, Sch. 3

[^key-92d5d783af237959dbd4c0c7d5c69f77]: Reg. 2(1)(d) revoked in part (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/206), regs. 1(1), 28, Sch. 3

[^key-c377b7ce92b251abf37ffb7015264992]: Reg. 2(3) revoked in part (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/206), regs. 1(1), 28, Sch. 3

[^key-ebce35f6e96ee12bb35df8fba0a76795]: Reg. 2(4) revoked in part (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/206), regs. 1(1), 28, Sch. 3

[^key-b7963ea502b7dbc089d58b3c1cc98063]: Reg. 3 revoked (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/206), regs. 1(1), 28, Sch. 3

[^key-dcc9189e34570d50249c6b46ec16404a]: Reg. 4 revoked (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/206), regs. 1(1), 28, Sch. 3

[^key-f0dbf0e3ecf02fb7d6caf9d947627b6e]: Reg. 6 revoked (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/206), regs. 1(1), 28, Sch. 3

[^key-3e8042ce7f693a375aafb60b39c0d06c]: Reg. 8 revoked (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/206), regs. 1(1), 28, Sch. 3

[^key-eb18dbe5c3317337b5af5949b6077596]: Reg. 10 revoked (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/206), regs. 1(1), 28, Sch. 3

[^key-75c4da8a6fbb05f9ad7eba7af4547bda]: Reg. 11 revoked (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/206), regs. 1(1), 28, Sch. 3