Citation, commencement and interpretation

1.-(1) These Regulations may be cited as the Income Support (General) Amendment No. 4 Regulations 1991 and shall, subject to paragraph (2) below, come into force as follows-

(a)regulations 1, 2, 10 to 12, 14 and 15(e), on 5th August 1991;

(b)regulations 15(a) to (c), 16 and 17, on 1st October 1991;

(c)regulations 4, 6 to 9, 13, 15(d), 18 to 21 and regulations 22 to 24 only insofar as they relate to regulations 4 and 13(b), on 7th October 1991;

(d)regulations 3 and 5 and regulations 22 to 24 only insofar as they relate to regulation 3, on 7th April 1992.

(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); 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(4).

Amendment of regulation 2 of the General Regulations

2. In regulation 2(1) of the General Regulations (interpretation)(5), after the definition of "invalid carriage or other vehicle", there shall be inserted the following definition-

• ""last day of the course" has the meaning prescribed in regulation 61 for the purposes of the definition of "period of study";".

Amendment of regulation 5 of the General Regulations

3. In regulation 5(1) of the General Regulations (persons treated as engaged in remunerative work), for the words "not less than 24 hours" there shall be substituted the words "not less than 16 hours".

Amendment of regulation 6 of the General Regulations

4. In regulation 6 of the General Regulations (persons not treated as engaged in remunerative work)(6)-

(a)for paragraph (a) there shall be substituted the following paragraph-

"(a)he is mentally or physically disabled, and by reason of that disability-

(i)his earnings are reduced to 75 per cent. or less of what a person without that disability and working the same number of hours would reasonably be expected to earn in that employment or in comparable employment in the area; or

(ii)his number of hours of work are 75 per cent. or less of what a person without that disability would reasonably be expected to undertake in that employment or in comparable employment in the area."

(b)after paragraph (f) there shall be added the following paragraph-

"(g)he is in employment and lives in, or is temporarily absent from, a residential care home, a nursing home or residential accommodation and his, or his partner's, applicable amount falls to be calculated in accordance with Part I of Schedule 4 (applicable amounts of persons in residential care and nursing homes) or, as the case may be, paragraph 9, 10 to 10D, 13, 16 or 18 of Schedule 7 (applicable amounts in special cases).".

Amendment of regulation 7 of the General Regulations

5. In regulation 7(1) of the General Regulations (meaning of employment)(7), in sub-paragraph (c), for the words "not less than 24 hours" there shall be substituted the words "not less than 16 hours".

Amendment of regulation 13 of the General Regulations

6. In regulation 13 of the General Regulations (circumstances in which persons in relevant education are to be entitled to income support)(8)-

(a)in paragraph (2), for the words "a young person" there shall be substituted the words "a person aged 16 or over but under 19 (hereinafter referred to as an eligible person)";

(b)in paragraph (3)-

(i)in sub-paragraph (a), for the words "a young person's parents" there shall be substituted the words "an eligible person's parents";

(ii)in sub-paragraphs (a)(i) and (ii), for the word "young" there shall be substituted the word "eligible" on each occasion where it appears.

Amendment of regulation 28 of the General Regulations

7. In regulation 28 of the General Regulations (calculation of income), for paragraph (2) there shall be substituted the following paragraph-

"(2) For the purposes of paragraph (1) "income" includes capital treated as income under regulation 41 (capital treated as income) and income which a claimant is treated as possessing under regulation 42 (notional income)."(9).

Amendment of regulation 42 of the General Regulations

8. In regulation 42(4) of the General Regulations (notional income)(10), in subparagraph (a)(ii)-

(a)the words "community charge, water charges, or" shall be deleted; and

(b)at the end, there shall be added the words ", or is used for any personal community charge, collective community charge contribution or water charges for which that claimant or member is liable".

Amendment of regulation 51 of the General Regulations

9. In regulation 51(3) of the General Regulations (notional capital)(10), in subparagraph (a)(ii)-

(a)the words "community charge, water charges, or" shall be deleted; and

(b)at the end, there shall be added the words ", or is used for any personal community charge, collective community charge contribution or water charges for which that claimant or member is liable".

Amendment of regulation 61 of the General Regulations

10. In regulation 61 of the General Regulations (interpretation)-

(a)after the definition of "grant income" there shall be inserted the following definition-

""last day of the course" means the date on which the last day of the final academic term falls in respect of the course in which the student is enrolled;";

(b)in the definition of "period of study"-

(i)in paragraph (a) for the words "to the end" there shall be substituted the words "and ending with the last day of the course";

(ii)in paragraph (b), after the words "any subsequent year of the course," there shall be added the words "other than the final year of the course,";

(iii)after paragraph (b) there shall be added the following paragraph-

"(c)in the final year of a course of study of more than one year, the period beginning with that year's start and ending with the last day of the course;";

(c)in the definition of "student", in paragraph (a), for the words "the end of the course" there shall be substituted the words "the last day of the course".

Amendment of regulation 62 of the General Regulations

11. In regulation 62(2)(g) of the General Regulations (calculation of grant income), for the sum "£246" there shall be substituted the sum "£257".

Amendment of regulation 66A of the General Regulations

12. In regulation 66A(2) of the General Regulations (treatment of student loans)(11), in sub-paragraph (b) for the words "the date on which the course ends," there shall be substituted the words "the last day of the course,".

Amendment of Schedule 1 to the General Regulations

13. In Schedule 1 to the General Regulations (persons not required to be available for employment)-

(a)for paragraph 4 (persons caring for another person), there shall be substituted the following paragraphs-

"4.-(1) A person (the carer)-

(a)who is regularly and substantially engaged in caring for another person if-

(i)the person being cared for is in receipt of attendance allowance under section 35 of the Social Security Act(12) ; or

(ii)the person being cared for has claimed attendance allowance under that section but only for the period up to the date of determination of that claim, or the period of 26 weeks from the date of that claim, whichever date is the earlier; or

(b)who is engaged in caring for another person and who is in receipt of an invalid care allowance under section 37 of the Social Security Act(13).

(2) If paragraph (1) ceases to apply to the carer, he shall not be required to be available for employment for a period of eight weeks from the date upon which that paragraph ceased to apply to him.

4A. A person who, had he previously made a claim for income support, would not have been required to be available for employment by reason of subparagraph (1) of paragraph 4 for a period of 8 weeks from the date upon which that sub-paragraph would have ceased to apply to him.";

(b)for paragraph 6 (disabled workers), there shall be substituted the following paragraph-

"6. A person to whom regulation 6(a) (persons not treated as engaged in remunerative work) applies.";

(c)after paragraph 6 there shall be inserted the following-

"Persons in employment living in residential care homes, nursing homes or residential accommodation

6A. A person to whom regulation 6(g) applies.";

(d)in paragraph 17 (persons required to attend court), the words "for any period exceeding two days" shall be deleted.

Amendment of Schedule 1A to the General Regulations

14. In Schedule 1A to the General Regulations (circumstances in which a person aged 16 or 17 is eligible for income support)(14) in paragraph 1, after the entry relating to paragraph 4 (persons caring for another person) there shall be inserted the following entries-

Amendment of Schedule 2 to the General Regulations

15. In Schedule 2 to the General Regulations (applicable amounts)-

(a)in column (2) of paragraph 1-

(i)in sub-paragraphs (1)(a) and (2)(a) for the sum "£23.65" there shall be substituted the sum "£23.90";

(ii)in sub-paragraphs (1)(b) to (d), (2)(b) and (c) for the sum "£31.15" there shall be substituted the sum "£31.40"(15);

(b)for paragraph 2(15), there shall be substituted the following paragraph-

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

(c)in Part II, in paragraph 3(15), for the sum "£7.95" there shall be substituted the sum "£8.70";

(d)in paragraph 14ZA (carer premium)(16) -

(i)in sub-paragraph (1), at the beginning, there shall be inserted the words "Subject to sub-paragraphs (3) and (4),";

(ii)after sub-paragraph (2) there shall be added the following sub-paragraphs-

"(3) Where a carer premium is awarded but the person in respect of whom it has been awarded either ceases to be in receipt of, or ceases to be treated as being in receipt of, invalid care allowance, the condition for the award of the premium shall be treated as satisfied for a period of eight weeks from the date on which that person ceased to be in receipt of, or ceased to be treated as being in receipt of, invalid care allowance.

(4) Where a person who has been receiving, or who has been treated as receiving invalid care allowance ceases to be in receipt of, or ceases to be treated as being in receipt, of that allowance and makes a claim for income support, the condition for the award of the carer premium shall be treated as satisfied for a period of eight weeks from the date that the person was last in receipt of, or was last treated as being in receipt of, invalid care allowance.";

(e)in paragraph 14A (persons in receipt of concessionary payments)(17), for the words "under paragraphs 12 to 14" there shall be substituted the words "under paragraphs 12 to 14ZA".

Amendment of Schedule 3A to the General Regulations

16. In Schedule 3A to the General Regulations (protected sum)(18), in paragraph 5 (reduction of protected sum)-

(a)in sub-paragraph (1), for the words "sub-paragraphs (2), (3) and (4)" there shall be substituted the words "sub-paragraphs (2) to (5)";

(b)after sub-paragraph (4) there shall be added the following sub-paragraph-

"(5) Where by virtue of the coming into force of regulation 15(a), (b) or (c) of the Income Support (General) Amendment No. 4 Regulations 1991(19) a claimant's applicable amount increases in his benefit week beginning on a day during the period of 7 days commencing on 1st October 1991, no account shall be taken of that increase.".

Amendment of Schedule 3B to the General Regulations

17. In Schedule 3B to the General Regulations (protected sum)(20), in paragraph 4 (reduction of protected sum)-

(a)in sub-paragraph (1), for the words "sub-paragraphs (2) and (3)" there shall be substituted the words "sub-paragraphs (2) to (4)";

(b)after sub-paragraph (3) there shall be added the following sub-paragraph-

"(4) Where by virtue of the coming into force of regulation 15(a), (b) or (c) of the Income Support (General) Amendment No. 4 Regulations 1991(21) a claimant's applicable amount increases in his benefit week beginning on a day during the period of 7 days commencing on 1st October 1991, no account shall be taken of that increase.".

Amendment of Schedule 4 to the General Regulations

18. In Part II of Schedule 4 to the General Regulations (applicable amounts of persons in residential care and nursing homes) after paragraph 17 there shall be added the following paragraph-

"18. A person who is living in a residential care home within the meaning of paragraph (d) of the definition of "residential care home" in regulation 19(3) and who is not in receipt of personal care by reason of old age, disablement, past or present dependence on alcohol or drugs or past or present mental disorder.".

Amendment of Schedule 7 to the General Regulations

19. In Schedule 7 to the General Regulations (applicable amounts in special cases)(22), in column (1)-

(a)in paragraph 11A for the words "circumstances specified in regulation 4(3)(a) to (d)" there shall be substituted the following-

• "in the circumstances specified in paragraph (2).

(2) For the purposes of sub-paragraph (1), the specified circumstances are-

(a)in respect of a claimant, those in regulation 4(3)(a) to (d);

(b)in respect of a claimant's partner, as if regulation 4(3)(a) to (d) applied to that partner.";

(b)in paragraph 12A for the words "circumstances specified in regulation 4(3)(a) to (d)" there shall be substituted the following-

• "in the circumstances specified in paragraph (2).

(2) For the purposes of sub-paragraph (1), the specified circumstances are-

(a)in respect of a claimant, those in regulation 4(3)(a) to (d);

(b)in respect of a claimant's partner or partners, as the case may be, as if regulation 4(3)(a) to (d) applied to that partner or those partners.".

Amendment of Schedule 9 to the General Regulations

20. In Schedule 9 to the General Regulations (sums to be disregarded in the calculation of income other than earnings)(23) -

(a)in paragraph 15(2) (disregard of charitable and voluntary payments from income)-

(i)the words "community charge, water charges, or" shall be omitted; and

(ii)at the end, there shall be added the words ", or is used for any personal community charge, collective community charge contribution or water charges for which that claimant or member is liable";

(b)in paragraph 16 (disregard of £10 from certain pensions), for sub-paragraph (b) there shall be substituted the following sub-paragraph-

"(b)a pension paid by the government of a country outside Great Britain which is either-

(i)analogous to a war disablement pension; or

(ii)analogous to a war widow's pension;".

Amendment of Schedule 10 to the General Regulations

21. In Schedule 10 to the General Regulations (capital to be disregarded)(24), in paragraph 23, following the word "occupational" there shall be added the words "or personal".

Saving Provision

22.-(1) Where this regulation applies to a person, regulation 5 of, or, as the case may be, regulation 6(a) of, and paragraph 6 of Schedule 1 to, the General Regulations shall continue to apply to him until the occurrence of one of the events specified in regulation 23 of these Regulations as if the amendments made by regulation 3 or, as the case may be, regulations 4(a) and 13(b) of these Regulations, had not been made.

(2) This regulation applies to a person-

(a)who satisfied the relevant qualifying condition in the week immediately preceding the date on which regulation 3 or, as the case may be, regulations 4(a) and 13(b) of these Regulations came into force; and

(b)who in that week was, or whose partner was, entitled to income support.

(3) This regulation applies to a person-

(a)who satisfied the relevant qualifying condition in at least one of the eight weeks immediately preceding the date on which regulation 3 or, as the case may be, regulations 4(a) and 13(b) of these Regulations came into force, but who did not satisfy that condition in the week immediately preceding that date; and

(b)who in the week in which he satisfied that condition was, or whose partner was, entitled to income support; and

(c)who in a week commencing not more than eight weeks after the date on which he last satisfied the relevant qualifying condition, again satisfies that condition and in that week he, or his partner, is entitled to income support.

(4) This regulation applies to a person-

(a)who, or whose partner, ceased to be entitled to income support because he, or his partner, became engaged in remunerative work for a period not exceeding the permitted period determined in accordance with regulation 24 of these Regulations and that period had commenced but had not ended before the coming into force of regulation 3 or regulations 4(a) and 13(b) of these Regulations, as the case may be; and

(b)who satisfied the relevant qualifying condition in the week immediately before that period commenced; and

(c)who in the week which commences immediately after the date on which that period ends, again satisfies the relevant qualifying condition and in that week he, or his partner, is entitled to income support.

(5) This regulation applies to a person-

(a)who, or whose partner, was entitled to income support immediately before he or his partner participated in arrangements for training made under section 2 of the Employment and Training Act 1973(25) or section 2 of the Enterprise and New Towns (Scotland) Act 1990(26) or attended a course at an employment rehabilitation centre established under section 2 of the Employment and Training Act 1973 and that training or course had commenced but had not ended before the coming into force of regulation 3 or regulations 4(a) and 13(b) of these Regulations, as the case may be; and

(b)who satisfied the relevant qualifying condition in the week immediately before the commencement of the period during which he or his partner participated in that training or attended that course; and

(c)who in a week commencing not more than eight weeks after the date on which that period ends, again satisfies the relevant qualifying condition and in that week he, or his partner, is entitled to income support.

(6) For the purposes of determining whether-

(a)regulation 5 of the General Regulations continues to apply to a person as if the amendment made thereto by regulation 3 of these Regulations had not been made, the relevant qualifying condition is that he is engaged in work, or where his hours of work fluctuate, engaged on average, for at least 16 hours but less than 24 hours a week; or

(b)regulation 6(a) of, and paragraph 6 of Schedule 1 to, the General Regulations continue to apply to a person as if the amendments made thereto by regulations 4(a) and 13(b) of these Regulations had not been made, the relevant qualifying condition is that he is engaged in work, he is mentally or physically disabled and his earning capacity is, by reason of that disability, reduced to 75 per cent. or less of what he would, but for that disability, be reasonably expected to earn.

(7) In this regulation and in regulations 23 and 24 of these Regulations except where the context otherwise requires, the terms used have the same meanings as in the General Regulations.

Circumstances in which regulation 22 ceases to apply

23.-(1) Subject to paragraph (2) of this regulation, regulation 22 of these Regulations shall cease to apply to a person if-

(a)he ceases to satisfy the relevant qualifying condition; or

(b)he, or his partner, ceases to be entitled to income support,

for a period in excess of eight consecutive weeks.

(2) For the purposes of paragraph (1) of this regulation-

(a)except where sub-paragraph (b) of this paragraph applies, in a case where the person, or his partner, ceases to be entitled to income support because he, or his partner, becomes engaged in remunerative work, no account shall be taken of any period during which he, or his partner, was not entitled to income support, not exceeding the permitted period determined in accordance with regulation 24 of these Regulations;

(b)no account shall be taken of-

(i)any period during which the person, or his partner, was participating in arrangements for training made under section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990 or attending a course at an employment rehabilitation centre established under section 2 of the Employment and Training Act 1973; and

(ii)a further period not exceeding eight consecutive weeks commencing immediately after the end of the period referred to in head (i) of this subparagraph.

Permitted period

24.-(1) For the purposes of regulations 22 and 23 of these Regulations, where a person has ceased to be entitled to income support-

(a)because he, or his partner, becomes engaged in remunerative work the permitted period, subject to paragraph (2) of this regulation, shall be twelve weeks; or

(b)for any other reason, the permitted period shall be eight weeks.

(2) Subject to paragraph (3) of this regulation, where that person, or his partner, has ceased to be engaged in the remunerative work referred to in paragraph (1)(a) of this regulation the permitted period shall be eight weeks if-

(a)that person's weekly applicable amount is reduced under regulation 22 of the General Regulations (reductions in applicable amounts in certain cases of actual or notional unemployment benefit disqualification) because of the cessation of that work; or

(b)that person, or his partner, has ceased to be engaged in that work within 6 weeks of beginning it; or

(c)at any time during the period of 26 weeks immediately preceding the beginning of that work, the person who has ceased to be so engaged-

(i)was engaged in remunerative work; or

(ii)was in relevant education; or

(iii)was a student.

(3) Paragraph (2)(b) or (c) of this regulation shall not apply if, by virtue of section 20A(2) of the Social Security Act 1975 (exemptions from disqualification for unemployment benefit)(27), the person who has ceased to be engaged in remunerative work is exempted from disqualification for receiving unemployment benefit.

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 define the last day of a student's course, make certain consequential amendments in this respect, increase to £257 the amount to be disregarded from a student's grant income in respect of books and equipment and clarify the circumstances in which certain disabled students aged 16 and 17 are entitled to income support (regulations 2, 10 to 12 and 14);

(b)they reduce from 24 to 16 the number of hours constituting employment, and below which a person in employment is not treated as being in remunerative work for the purposes of entitlement to income support, amend the circumstances in which physically or mentally disabled persons, and certain persons in residential or nursing care, or residential accommodation, although employed, are treated as not being in remunerative work nor required to be available for employment and make saving provision in respect of certain persons affected by these changes (regulations 3 to 5, 13(b) and (c) and 22 to 24);

(c)hey provide a new definition in respect of those aged 16 and over but under 19 who are entitled to income support while in certain types of education, restrict the applicable amount of those in certain residential care homes who are not receiving personal care, make minor technical amendments in respect of capital and income which a person is treated as having and provide for personal community charge and collective community charge contributions made to a third party in respect of a claimant or a member of his family to be treated as notional income or capital of the claimant (regulations 6 to 9, 18 and 20(a));

(d)they clarify the circumstances in which those caring for others where certain allowances are in payment, are not required to be available for employment, provide for a further exemption from that requirement where the circumstances have ceased to apply and remove the two day minimum period for court attendance in respect of exemption from that requirement (regulation 13(a) and (d));

(e)they further increase, by 25p a week, the personal allowance for certain persons under 18, or under 25, they increase the family premium by 75p and provide that where a claimant who benefits from any of these increases has a protected sum in respect of board and lodging or hostel costs, that sum is not eroded by the increase in the personal allowance (regulations 15(a) to (c), 16 and 17);

(f)hey extend the period to which entitlement to a carer premium applies and provide that, in determining whether that premium is payable, concessionary payment of invalid care allowance is to be treated as if it were a payment of that benefit (regulation 15(d) and (e));

(g)they clarify the manner in which certain applicable amounts are to be calculated where a claimant or his partner is temporarily absent abroad in certain circumstances (regulation 19);

(h)they provide that £10 of certain pensions paid by foreign governments is to be disregarded in calculating income and that the value of a personal pension is to be disregarded in calculating capital (regulations 20(b) and 21).