The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 2) Regulations 1993

Made: 26th April 1993

Laid before Parliament: 4th May 1993

Coming into force: 25th May 1993

The Secretary of State for Social Security, in exercise of powers conferred upon him by sections 123(1), 132(1) and (5), 133(3), 135(1) and (6), 137(1) and 175(1) to (5) of the Social Security Contributions and Benefits Act 1992 and sections 63(3) and 189(1) and (4) of the Social Security Administration Act 1992, and of all other powers enabling him in that behalf, after consultation with organisations appearing to him to be representative of the authorities concerned and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it, hereby makes the following Regulations:

Citation and commencement

1

• (1) These Regulations may be cited as the Income-related Benefits Schemes (Miscellaneous Amendments) (No.2) Regulations 1993 and shall come into force on 25th May 1993.

• (2) In these Regulations—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (c) “the Community Charge Benefits Regulations” means the Community Charge Benefits (General) Regulations 1989 ;

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

Amendment of the Housing Benefit Regulations

2

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

Amendment of the Income Support Regulations

3

• (1) Schedule 2 paragraph 13 to the Income Support Regulations (severe disability premium) shall be amended in accordance with the provisions of this regulation.

• (2) In sub-paragraph (2)(a) for the words “or a lone parent” there shall be substituted the words “ , a lone parent or a claimant who is treated as having no partner in consequence of sub-paragraph (2A) ”.

• (3) After sub-paragraph (2) there shall be inserted the following sub-paragraph

(2A) Where a claimant has a partner who does not satisfy the condition in sub-paragraph (2)(b)(ii), and that partner is blind or is treated as blind within the meaning of paragraph 12(1)(a)(iii) and (2), that partner shall be treated for the purposes of sub-paragraph (2) as if he were not a partner of the claimant.

• (4) In sub-paragraph (3) after head (c) the word “or” and the following head shall be added—

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

Amendment of the Community Charge Benefits Regulations

4

• (1) The Community Charge Benefits Regulations shall be amended in accordance with the provisions of this regulation.

• (2) In regulation 67 (review of determinations) —

• (a) in paragraph (1) for the words “paragraph (1A),” there shall be substituted the words “ paragraphs (1A) and (1B), ”;

• (b) after paragraph (1A), there shall be inserted the following paragraph—

(1B) In paragraph (1)(c) the expression “a mistake as to the law” shall not include any question as to whether, in making any provision in a regulation or Order, the Secretary of State went beyond the powers exercisable by him.

• (c) in paragraph (2) after the words “Notwithstanding paragraph (1),” there shall be inserted the words “ except in the case of a question to which paragraph (1B) refers, ”.

Amendment of the Council Tax Benefit Regulations

5

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

Signed

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

Alistair Burt — Parliamentary Under-Secretary of State, — Department of Social Security — 1993-04-26

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1992 c. 4; sections 123, 132, 133, 135, 137 and 175 of the Social Security Contributions and Benefits Act 1992 were amended to have effect with respect to council tax benefit by 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 assigned to the word“prescribed”

[^f00003]: See section 176(1) of the Social Security Administration Act 1992: section 176(1) was amended by the Local Government Finance Act 1992, Schedule 9 paragraph 23.

[^f00004]: See section 173(1)(b) of the Social Security Administration Act 1992.

[^f00009]: Relevant amending instruments are S.I. 1990/546, 1991/2742 and 1992/432.

[^f00010]: Relevant amending instruments are S.I. 1988/663, 1989/1678 and 1991/2742.

[^f00011]: Relevant amending instruments are S.I.1991/849 and 1992/432.

Editorial notes

[^c1810476]: 1992 c.4; sections 123, 132, 133, 135, 137 and 175 of the Social Security Contributions and Benefits Act 1992 were amended to have effect with respect to council tax benefit by 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 assigned to the word “prescribed”

[^c1810478]: See section 176(1) of the Social Security Administration Act 1992: section 176(1) was amended by the Local Government Finance Act 1992, Schedule 9 paragraph 23.

[^c1810479]: See section 173(1)(b) of the Social Security Administration Act 1992.

[^c1810485]: Relevant amending instruments are S.I. 1988/663, 1989/1678 and 1991/2742.

[^c1810486]: Relevant amending instruments are S.I.1991/849 and 1992/432.

[^key-e990a198b98b2e4c0b4463e66ad12ca4]: Words in reg. 1(2) revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Sch. 3, Sch. 4)

[^key-ec9a7df84b642fc2a46e7ad76a665eb2]: Reg. 2 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Sch. 3, Sch. 4)

[^key-6b10962d808880dc61ce2e5732e644cb]: Reg. 5 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Sch. 3, Sch. 4)