The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1996

Made: 28th February 1996

Laid before Parliament: 4th March 1996

Coming into force in accordance with regulation 1

The Secretary of State for Social Security, in exercise of the powers conferred by sections 123(1), 130(2), 134(1), 135(1) and (6), 136(2), (3) and (5)(a) and (b), 137(1) and (2)(h) and (i) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992, sections 5(1)(b) and 6(1)(b) of the Social Security Administration Act 1992 and of all other powers enabling him in that behalf, after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it, and after consultation, in respect of provisions in these Regulations relating to housing benefit and council tax benefit, with organisations appearing to the Secretary of State to be representative of the authorities concerned, hereby makes the following Regulations:

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1996 and this regulation shall come into force on 1st April 1996.

• (2) In so far as these Regulations amend provisions relating to income support they shall come into force on 8th April 1996 and, in relation to any particular claimant for that benefit, shall have effect from the beginning of the first benefit week to commence for that claimant on or after that date.

• (3) In paragraph (2) above, the expressions “claimant" and “benefit week" have the same meaning as in the Income Support Regulations.

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

• (5) In so far as these Regulations amend provisions relating to family credit or disability working allowance, they shall come into force on 9th April 1996 and, in relation to any particular claimant for either of those benefits, they shall have effect —

• (a) where a claimant has an award of family credit or disability working allowance which is current on 9th April 1996, on the day following the expiration of that award; or

• (b) in any other case, on 9th April 1996.

• (6) In these Regulations—

“the Disability Working Allowance Regulations" means the Disability Working Allowance (General) Regulations 1991;

“the Family Credit Regulations" means the Family Credit (General) Regulations 1987;

...

...

“the Income Support Regulations" means the Income Support (General) Regulations 1987.

Income support: Preserved rights

2

In regulation 19 of the Income Support Regulations (applicable amounts for persons in residential care and nursing homes) after paragraph (1ZQ) there is inserted —

(1ZR) A person who acquired a preserved right under paragraph (1ZB) or (1ZC) shall cease to have that right if — (a) he resides in a home which falls within sub-paragraph (c) of the definition of “residential care home" in paragraph (3) (homes run by the Abbeyfield Society) and which is not registered or deemed to be registered under any of the enactments referred to in sub-paragraph (a) or (e) of that definition; (b) he requires personal care, including assistance with bodily functions, and that residential care home does not provide such care; and (c) he, or a person on his behalf, contracts with another person or body to provide that care, but that preserved right shall revive if any of the conditions specified in sub-paragraphs (a) to (c) above ceases to apply and that person would, but for this provision, have retained that right.

Housing benefit and council tax benefit: Severe disability premium

3

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

Housing benefit and council tax benefit: Disregard of family credit and disability working allowance

4

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

Housing benefit and council tax benefit: Backdated claims

5

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Housing benefit: Exempt accommodation

6

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

Family credit: Normal weekly income of employed earners

7

In regulation 14(2) of the Family Credit Regulations (normal weekly earnings of employed earners) for sub-paragraph (aa) there is substituted—

(aa) a fortnight— (i) except where head (ii) applies, a period of three consecutive fortnights immediately preceding the week of claim; or (ii) where the adjudication officer has insufficient information for the claimant’s normal weekly earnings to be determined in accordance with head (i), a period of three consecutive fortnights ending with the fortnight before the week immediately preceding the week of claim;

Income-related benefits: Disregard of charitable or voluntary payments

8

In the following provisions (which provide for certain charitable or voluntary payments to be disregarded in the calculation of income other than earnings, the amount of such payments to be disregarded and special arrangements where the claimant has other income, apart from such payments, to be disregarded) for “£10" there is substituted “£20"—

• (a) regulation 65 of, and paragraphs 15(1) and 36 of Schedule 9 to, the Income Support Regulations;

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

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

• (d) regulation 45 of, and paragraphs 12(1) and 29 of Schedule 3 to, the Disability Working Allowance Regulations;

• (e) regulation 41 of, and paragraphs 13(1) and 29 of Schedule 2 to, the Family Credit Regulations.

Income-related benefits: Treatment of student loans

9

• (1) In each of the regulations specified in paragraph (2) below (which provide for student loans to be treated as income) for paragraph (3) there is substituted—

(3) For the purposes of this regulation a student shall be treated as possessing the maximum amount of any loan referred to in paragraph (1) which he will be able to acquire in respect of an academic year by taking reasonable steps to do so.

• (2) The provisions referred to in paragraph (1) above are—

• (a) regulation 66A of the Income Support Regulations;

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

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

• (d) regulation 42A of the Family Credit Regulations;

• (e) regulation 47 of the Disability Working Allowance Regulations.

Income-related benefits: Disregard of contribution to a student grant

10

• (1) In each of the provisions specified in paragraph (2) below, (disregard of contribution) for the words from “the income", where they first appear, to the end there is substituted—

, for the purposes of assessing a contribution to the student’s grant, the other partner’s income has been taken into account, an amount equal to that contribution shall be disregarded for the purposes of assessing that other partner’s income.

• (2) The provisions referred to in paragraph (1) above are—

• (a) regulation 67 of the Income Support Regulations;

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

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

• (d) regulation 43 of the Family Credit Regulations;

• (e) regulation 48 of the Disability Working Allowance Regulations.

Income-related benefits: Disregard of payments to holders of the Victoria or George Cross

11

• (1) In Schedule 10 to the Income Support Regulations (capital to be disregarded) after paragraph 45 there is added the following paragraph—

(46) Any payment to the claimant as holder of the Victoria Cross or George Cross.

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

• (3) In Schedule 3 to the Family Credit Regulations (capital to be disregarded) after paragraph 48 there is added the following paragraph—

(49) Any payment to the claimant as holder of the Victoria Cross or George Cross.

Income support and housing benefit: Capital limits for persons in residential and other types of accommodation

12

• (1) In the Income Support Regulations—

• (a) for regulation 45 (capital limit for entitlement to income support) there is substituted—

(45) For the purposes of section 134(1) of the Contributions and Benefits Act as it applies to income support (no entitlement to benefit if capital exceeds prescribed amount)— (a) except where paragraph (b) applies, the prescribed amount is £8,000; (b) where the circumstances prescribed in regulation 53(1B) apply in the claimant’s case, the prescribed amount is £16,000.

• (b) in regulation 53 (calculation of tariff income from capital) —

• (i) in paragraph (1) , at the beginning, there is inserted “Except where the circumstances prescribed in paragraph (1B) apply to the claimant,";

• (ii) after paragraph (1), there is inserted—

(1A) Where the circumstances prescribed in paragraph (1B) apply to the claimant and that claimant’s capital calculated in accordance with this Part exceeds £10,000, it shall be treated as equivalent to a weekly income of £1 for each complete £250 in excess of £10,000 but not exceeding £16,000. (1B) For the purposes of paragraph (1A) and regulation 45, the prescribed circumstances are that the claimant lives permanently in— (a) a residential care or nursing home, or residential accommodation and that home or accommodation provides board and personal care for the claimant by reason of his old age, disablement, past or present dependence on alcohol or drugs or past or present mental disorder; or (b) an establishment run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society; or (b) accommodation provided under section 3 of, and Part II of the Schedule to, the Polish Resettlement Act 1947 (provision of accommodation in camps) where the claimant requires personal care and is provided with it in the accommodation; and in this sub-paragraph, “personal care" means care which includes assistance with bodily functions where such assistance is required. (1C) For the purposes of paragraph (1B), a claimant shall be treated as living permanently in such home or accommodation where he is absent— (a) from a home or accommodation referred to in sub-paragraph (a) or (b) of paragraph (1B)— (i) in the case of a claimant referred to in regulation 19(2) or in the case of a person over pensionable age, for a period not exceeding 52 weeks, and (ii) in any other case, for a period not exceeding 13 weeks; (b) from accommodation referred to in sub-paragraph (c) of paragraph (1B), where the claimant, with the agreement of the manager of the accommodation, intends to return to the accommodation in due course.

• (iii) in both paragraphs (2) and (3) , for “paragraph (1)", there is substituted “paragraphs (1) and (lA)";

• (iv) after paragraph (3) there is added—

(4) For the purposes of this regulation, the definition of “residential accommodation" in regulation 21(3) (applicable amounts of income support in special cases) shall have effect as if, after the words “subject to the following provisions of this regulation", there were inserted “(except paragraphs (4) and (4A))".

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

Signed

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

Roger Evans — Parliamentary Under-Secretary of State, — 1996-02-28

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1992 c. 4; sections 123, 130, 135, 136 and 137 of the 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”.

[^f00002]: 1992 c. 5; section 6(1)(b) was amended by the Local Government Finance Act 1992 (c. 14), Schedule 9, paragraph 12.

[^f00003]: See the Social Security Administration Act 1992 (c. 5), section 173(1)(b) and (7).

[^f00004]: See the Social Security Administration Act 1992, section 176(1).

[^f00005]: S.I. 1991/2887.

[^f00006]: S. I. 1987/1973.

[^f00007]: S.I. 1987/1971.

[^f00008]: S.I. 1992/1814.

[^f00009]: S.I. 1987/1967.

[^f00010]: Paragraph (1ZQ) was inserted by S.I. 1994/2139, regulation 24(5).

[^f00011]: Paragraphs (1ZB) and (lZC) were inserted by S.I. 1992/3147, regulation 3(1)(b).

[^f00012]: aragraphs 57 and 58 were added by S.I. 1995/1339, regulation 9.

[^f00013]: S.I. 1991/2887; paragraph (1)(bb) of regulation 51 was inserted by S.I. 1995/1339, regulation 4; another relevant amending instrument is S.I. 1995/482, regulation 3.

[^f00014]: Paragraph 2A was inserted by S.I. 1995/1339, regulation 5.

[^f00015]: S.I. 1987/1973; paragraph (1)(aa) of regulation 46 was inserted by S.I. 1995/1339, regulation 7; another relevant amending instrument is S.I. 1988/660, regulation 11(a).

[^f00016]: Paragraph 1A was inserted by S.I. 1995/1339, regulation 8.

[^f00017]: Paragraphs 56 and 57 were added by S.I. 1995/1339, regulation 2.

[^f00018]: S.I. 1995/1644.

[^f00019]: 1995 c. 18.

[^f00020]: Regulation 14 was substituted by S.I. 1992/573, regulation 4 and paragraph (2)(aa) was inserted by S.I. 1994/2139, regulation 12.

[^f00021]: Regulation 65 was amended by S.I. 1990/547, regulation 14.

[^f00022]: Paragraph 15(1) was type=start time=1188392147426substitutedtype=end time=1188392147426 by S.I. 1993/2119, regulation 23.

[^f00023]: Paragraph 36 was amended by S.I. 1990/547, regulation 22 and S.I. 1990/1657, regulation 5.

[^f00024]: Regulation 56 was amended by S.I. 1990/546, regulation 9.

[^f00025]: Paragraph 13(1) was substituted by S.I. 1990/1775, regulation 11(a).

[^f00026]: aragraph 33 was amended by S.I. 1990/546, regulation 16(b) and S.I. 1990/1657, regulation 4(3).

[^f00027]: Regulation 41 was amended by S.I. 1990/574, regulations 13 and 41.

[^f00028]: Paragraph 13(1) was substituted by S.I. 1990/574, regulation 14.

[^f00029]: Paragraph 29 was amended by S.I. 1990/574, regulation 14 and S.I. 1990/1657, regulation 3.

[^f00030]: Regulation 66A was inserted by S.I. 1990/1549, regulation 5(7).

[^f00031]: Regulation 57A was inserted by S.I. 1990/1549, regulation 4(9).

[^f00032]: Regulation 42A was inserted by S.I. 1990/1549, regulation 3(5).

[^f00033]: The capital limit in regulation 45 was substituted by S.I. 1990/671.

[^f00034]: The upper capital limit in regulation 53(1) was substituted by S.I. 1990/671, regulation 5(2).

[^f00035]: 1947 c. 19.