LegalizeThe Social Security (Income Support and Claims and Payments) Amendment Regulations 1995
(29) (1) Subject to sub-paragraph (2) 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 paragraph 15 or 16 of Schedule 3 (housing costs in respect of loans to acquire an interest in a dwelling, or for repairs and improvements to the dwelling, occupied as the home) and used to meet such repayments, to the extent that it does not exceed the aggregate of— (a) the amount, calculated on a weekly basis, of any interest on that loan which is in excess of the amount met in accordance with Schedule 3 (housing costs); (b) the amount of any payment, calculated on a weekly basis, due on the loan attributable to the repayment of capital; and (c) any amount due by way of premiums on— (i) that policy, 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. (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). (30) (1) Except where paragraph 29 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 Schedule 3 (housing costs); (b) any interest payment or charge which qualifies in accordance with paragraphs 15 to 17 of Schedule 3 to the extent that the payment or charge is not met; (c) any payment due on a loan which qualifies under paragraph 15 or 16 of Schedule 3 attributable to the payment or capital; (d) any amount due by way of premiums on— (i) that policy, 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 increased, where appropriate, in accordance with paragraph 2 of Schedule 4 exceeds the amount determined in accordance with regulation 19 (residential care and nursing homes) or the amount payable by a local authority in accordance with Part III of the National Assistance Act 1948.
- (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).
REVOCATIONS
| Column (1) | Column (2) | Column (3) |
|---|---|---|
| Statutory Instrument Number | Statutory Instrument | Provision Revoked |
| 1988/663 | The Income Support (General) Amendment Regulations 1988 | Regulation 30 |
| Regulation 35(e) | ||
| 1988/1445 | The Income Support (General) Amendment No.4 Regulations 1988 | Regulation 20 |
| Regulation 25(c) | ||
| Schedule 1, Part I paragraphs 6 and 9(b) | ||
| 1988/2022 | The Income Support (General) Amendment No.5 Regulations 1988 | Regulation 18 |
| 1989/534 | The Income Support (General) Amendment Regulations 1989 | Regulation 6 |
| Schedule 1, paragraph 6 | ||
| 1989/1678 | The Income Support (General) Amendment No.3 Regulations 1989 | Regulation 7 |
| 1990/547 | The Income Support (General) Amendment Regulations 1990 | Regulation 18 |
| 1990/1776 | The Income Support (General) Amendment No.3 Regulations 1990 | Regulation 9 |
| 1991/236 | The Income Support (General) Amendment Regulations 1991 | Regulation 12 |
| 1991/2334 | The Income Support (General) Amendment No.6 Regulations 1991 | Regulation 3 |
| 1992/50 | The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1992 | Regulation 3 |
| 1992/2155 | The Income-related Benefits Schemes (Miscellaneous Amendments) (No.3) Regulations 1992 | Regulation 21 |
| 1992/3147 | The Social Security Benefits (Amendments Consequential Upon the Introduction of Community Care) Regulations 1992 | Schedule 1, paragraph 7(b) |
| 1993/30 | The Income Support (General) Amendment Regulations 1993 | The whole of the Regulations |
| 1993/315 | The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1993 | Regulation 7 |
| 1993/1249 | The Income-related Benefits Schemes and Social Security (Recoupment) Amendment Regulations 1993 | Regulation 4(3)(e)® |
| 1993/1679 | The Income Support (General) Amendment No.3 Regulations 1993 | Regulations 3, 5 and 6 |
| 1993/2119 | The Income-related Benefits Schemes (Miscellaneous Amendments) (No.4) Regulations 1993 | Regulation 19 |
| 1993/3121 | The Income Support (General) Amendment (No.4) Regulations 1993 | The whole of the Regulations |
| 1994/527 | The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1994 | Regulation 8 |
| 1994/1004 | The Income Support (General) Amendment Regulations 1994 | The whole of the Regulations |
| 1995/516 | The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1995 | Regulation 25 |
| 1995/625 | The Housing Benefit, Council Tax Benefit and Income Support (Amendment) Regulations 1995 | Regulation 5. |
| In Regulation 7, the words “and paragraph 4 of Schedule 3 to the Income Support Regulations" and the words “or 5". | ||
| 1995/1045 | The Child Support and Income Support (Amendment) Regulations 1995 | Regulation 62 |
Signed
Signed by authority of the Secretary of State for Social Security.
James Arbuthnot — Parliamentary Under-Secretary of State, — Department of Social Security — 26th June 1995
Explanatory note
(This Note is not part of the Regulations)
Footnotes
1992 c. 4; section 137(1) is an interpretation provision and is cited because of the meaning assigned to the word “prescribed”.
1992 c. 5; section 15A was inserted by the Social Security (Mortgage Interest Payments) Act 1992 (c. 33); section 191 is an interpretation provision and is cited because of the meaning assigned to the word “prescribe”.
See section 172(1) of the Social Security Administration Act 1992.
S. I.1987/1968; Schedule 9A was inserted by S. I.1992/1026.
Section 171E was inserted by the Social Security (Incapacity for Work) Act 1994 (c. 18), section 6(1).
Paragraphs 9 and 9A were substituted by S. I.1989/534.
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. 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; the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), section 20(1)(b), and The Community Care (Residential Accommodation) Act 1992 (c. 49).
1968 c. 49; section 13B was inserted by section 56 of the National Health Service and Community Care Act 1990 (c. 19).
Paragraph 5A of Schedule 3 was inserted by S. I.1994/1004 and is revoked by regulation 3 of and Schedule 4 to these Regulations.
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 and Schedule 1, paragraph 10.
1988 c. 1; subsection (1A) was inserted by the Finance Act 1994 (c. 9) section 81(3).
1973 c. 50; section 2 was substituted by the Employment Act 1988 (c. 19) section 25(1) and repealed in part by the Employment Act 1989 (c. 38), section 29(4), Schedule 7, Part I.
1973 c. 50; section 2 was substituted by the Employment Act 1988 (c.19) section 25(1) and repealed in part by the Employment Act 1989 (c. 38) section 29(4), Schedule 7, Part I.
S. I.1987/1971; the relevant amending instrument is S. I.1992/50.
Relevant amending instruments are S. I.1988/2022 and 1990/1549.
Relevant amending instruments are S. I.1991/1175 and 1992/1101.
Paragraph 2A was inserted by S. I.1992/102.
S. I. 1987/1968; Schedule 9A was inserted by S. I. 1992/1026
To be substituted for Schedule 3 to the Income Support Regulations—
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