Statutory Instrument 1997 No. 65

The Income-related Benefits and Jobseeker's Allowance (Miscellaneous Amendments) Regulations 1997

(The document as of February, 2008. Arhiv.Online Library)

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STATUTORY INSTRUMENTS

1997 No. 65

SOCIAL SECURITY

The Income-related Benefits and Jobseeker's Allowance (Miscellaneous Amendments) Regulations 1997

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	Made	16th January 1997
	Laid before Parliament	23rd January 1997
	Coming into force in accordance with regulation 1

The Secretary of State for Social Security, in exercise of the powers conferred on him by sections 123(1), 130(1), 131(10)(a), 135(1), 136(2), (3), (5)(a), (b) and (d), 137(1) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992[1], sections 5(1)(p) and (6), 32(8), 75(2), 76(1), 189(1), (3) and (4) and 191 of the Social Security Administration Act 1992[2] and sections 4(5), 12(1) and (4)(b) and (d), 13(3), 35(1) and 36(1), (2) and (4) of the Jobseekers Act 1995[3] and of all other powers enabling him in that behalf, after consultation, in respect of provisions in these Regulations relating to housing benefit and council tax benefit, with organisations appearing to him to be representative of the authorities concerned[4] and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it[5], hereby makes the following Regulations:

Citation, commencement and interpretation
    1. - (1) These Regulations may be cited as the Income-related Benefits and Jobseeker's Allowance (Miscellaneous Amendments) Regulations 1997 and this regulation shall come into force on 1st April 1997.

    (2) In so far as these Regulations amend provisions relating to income support or jobseeker's allowance, these Regulations shall come into force on 7th April 1997 and, in relation to any particular claimant for either of those benefits, these Regulations shall have effect from the first day of the first benefit week to commence for that claimant on or after that date.

    (3) In paragraph (2) above, the expression "benefit week" shall have the same meaning as in paragraph (1) of regulation 2 of the Income Support Regulations[6] or, where appropriate, in paragraph (3) of regulation 1 of the Jobseeker's Allowance Regulations[7].

    (4) In so far as these Regulations amend provisions relating to council tax benefit, these Regulations shall come into force on 1st April 1997.

    (5) In so far as these Regulations amend provisions relating to housing benefit -

(a) in any case where rent is payable at intervals of one month or any other interval which is not a week or a multiple thereof, these Regulations shall come into force on 1st April 1997;

(b) in any other case, these Regulations shall come into force on 7th April 1997.

    (6) In so far as these Regulations amend provisions relating to family credit or disability working allowance, these Regulations shall come into force on 8th April 1997 and, in relation to any particular claimant for either of those benefits, these Regulations shall have effect where a claimant has an award of family credit or disability working allowance which is current on 7th April 1997, on the day following the expiration of that award.

    (7) In these Regulations -

"the Council Tax Benefit Regulations" means the Council Tax Benefit (General) Regulations 1992[8];

"the Disability Working Allowance Regulations" means the Disability Working Allowance (General) Regulations 1991[9];

"the Family Credit Regulations" means the Family Credit (General) Regulations 1987[10];

"the Housing Benefit Regulations" means the Housing Benefit (General) Regulations 1987[11];

"the Income Support Regulations" means the Income Support (General) Regulations 1987[12];

"the Jobseeker's Allowance Regulations" means the Jobseeker's Allowance Regulations 1996[13].

Income-related benefits and jobseeker's allowance: disregard of certain income other than earnings
    2. - (1) At the end of Schedule 4 to the Council Tax Benefit Regulations (sums to be disregarded in the calculation of income other than earnings), there shall be added the following paragraphs -

    " 62.Any payment made under the Community Care (Direct Payments) Act 1996[14] or under section 12B of the Social Work (Scotland) Act 1968[15].

    63. - (1) Any Career Development Loan paid to the claimant pursuant to section 2 of the Employment and Training Act 1973[16] except to the extent that the loan has been applied for and paid in respect of living expenses for the period of education and training supported by that loan and those expenses relate to any one or more of the items specified in sub-paragraph (2).

    (2) The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel or rent of the claimant or, where the claimant is a member of a family, any other member of his family, or any council tax or water charges for which that claimant or member is liable.

    (3) For the purposes of this paragraph, "ordinary clothing and footwear" means clothing or footwear for normal daily use, but does not include school uniforms, or clothing and footwear used solely for sporting activities.".

    (2) At the end of Schedule 4 to the Housing Benefit Regulations (sums to be disregarded in the calculation of income other than earnings), there shall be added the following paragraphs -

    "62.Any payment made under the Community Care (Direct Payments) Act 1996 or under section 12B of the Social Work (Scotland) Act 1968.

    63. - (1) Any Career Development Loan paid to the claimant pursuant to section 2 of the Employment and Training Act 1973 except to the extent that the loan has been applied for and paid in respect of living expenses for the period of education and training supported by that loan and those expenses relate to any one or more of the items specified in sub-paragraph (2).

    (2) The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel or rent of the claimant or, where the claimant is a member of a family, any other member of his family, or any council tax or water charges for which that claimant or member is liable.

    (3) For the purposes of this paragraph -


"ordinary clothing and footwear" means clothing or footwear for normal daily use, but does not include school uniforms, or clothing and footwear used solely for sporting activities; and
"rent" means eligible rent less any deductions in respect of non-dependants which fall to be made under regulation 63 (non-dependant deductions).".

    (3) In Schedule 9 to the Income Support Regulations (sums to be disregarded in the calculation of income other than earnings) -

(a) in paragraph 15B[17] -


(i) in sub-paragraph (1) -


(aa) in head (c), after the words "occupational pension of his", there shall be inserted the words ", or of any income from a personal pension scheme or a retirement annuity contract of his,";

(bb) for the words "or pensions" there shall be substituted the words ", pensions or income";


(ii) for sub-paragraph (2) there shall be substituted the following sub-paragraph -


    "(2) Where a claimant is entitled to pensions or income referred to in sub-paragraph (1) from more than one source, all such pensions and income to which he is entitled shall be aggregated for the purposes of that sub-paragraph.";

(iii) in sub-paragraph (3), for the words "occupational pension" there shall be substituted the words "pension or income referred to in sub-paragraph (1)";


(b) at the end there shall be added the following paragraphs -


    "58.Any payment made under the Community Care (Direct Payments) Act 1996 or under section 12B of the Social Work (Scotland) Act 1968.

    59. - (1) Subject to paragraph 60, any Career Development Loan paid to the claimant pursuant to section 2 of the Employment and Training Act 1973 except to the extent that the loan has been applied for and paid in respect of living expenses for the period of education and training supported by that loan and those expenses relate to any one or more of the items specified in sub-paragraph (2).

    (2) The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel, rent for which housing benefit is payable, or any housing costs to the extent that they are met under regulation 17(1)(e) or 18(1)(f) (housing costs) or any accommodation charges to the extent that they are met under regulation 19 (persons in residential care or nursing homes), of the claimant or, where the claimant is a member of a family, any other member of his family, or any council tax or water charges for which that claimant or member is liable.

    (3) For the purposes of this paragraph, "ordinary clothing and footwear" means clothing or footwear for normal daily use, but does not include school uniforms, or clothing and footwear used solely for sporting activities.

    60.Any Career Development Loan paid to the claimant pursuant to section 2 of the Employment and Training Act 1973 where the period of education and training supported by that loan has been completed.

    61. - (1) Any payment specified in sub-paragraph (2) to a claimant who was formerly a student and who has completed the course in respect of which those payments were made.

    (2) The payments specified for the purposes of sub-paragraph (1) are -


(a) any grant income and covenant income as defined for the purposes of Chapter VIII of Part V;

(b) any loan made pursuant to arrangements made under section 1 of the Education (Student Loans) Act 1990[18] or article 3 of the Education (Student Loans) (Northern Ireland) Order 1990[19].".

    (4) In Schedule 7 to the Jobseeker's Allowance Regulations (sums to be disregarded in the calculation of income other than earnings) -

(a) in paragraph 16A[20] -


(i) in sub-paragraph (1) -


(aa) in head (c), after the words "occupational pension of his", there shall be inserted the words ", or of any income from a personal pension scheme of his,";

(bb) for the words "or pensions" there shall be substituted the words ", pensions or income";


(ii) for sub-paragraph (2) there shall be substituted the following sub-paragraph -


    "(2) Where a claimant is entitled to pensions or income referred to in sub-paragraph (1) from more than one source, all such pensions and income to which he is entitled shall be aggregated for the purposes of that sub-paragraph.";

(iii) in sub-paragraph (3), for the words "occupational pension" there shall be substituted the words "pension or income referred to in sub-paragraph (1)";


(b) at the end there shall be added the following paragraphs -


    "56.Any payment made under the Community Care (Direct Payments) Act 1996 or under section 12B of the Social Work (Scotland) Act 1968.

    57. - (1) Subject to paragraph 58, any Career Development Loan paid to the claimant pursuant to section 2 of the Employment and Training Act 1973 except to the extent that the loan has been applied for and paid in respect of living expenses for the period of education and training supported by that loan and those expenses relate to any one or more of the items specified in sub-paragraph (2).

    (2) The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel, rent for which housing benefit is payable, or any housing costs to the extent that they are met under regulation 83(f) or 84(1)(g) (housing costs) or any accommodation charges to the extent that they are met under regulation 86 (persons in residential care or nursing homes), of the claimant or, where the claimant is a member of a family, any other member of his family, or any council tax or water charges for which that claimant or member is liable.

    (3) For the purposes of this paragraph, "ordinary clothing and footwear" means clothing or footwear for normal daily use, but does not include school uniforms, or clothing and footwear used solely for sporting activities.

    58.Any Career Development Loan paid to the claimant pursuant to section 2 of the Employment and Training Act 1973 where the period of education and training supported by that loan has been completed.

    59. - (1) Any payment specified in sub-paragraph (2) to a claimant who was formerly a full-time student and who has completed the course in respect of which those payments were made.

    (2) The payments specified for the purposes of sub-paragraph (1) are -


(a) any grant income and covenant income as defined for the purposes of Chapter IX of Part VIII;

(b) any loan made pursuant to arrangements made under section 1 of the Education (Student Loans) Act 1990 or article 3 of the Education (Student Loans) (Northern Ireland) Order 1990.".

    (5) At the end of the Schedules specified in paragraph (6) of this regulation (sums to be disregarded in the calculation of income other than earnings), there shall be added the following paragraphs bearing the specified respective paragraph numbers -

"Any payment made under the Community Care (Direct Payments) Act 1996 or under section 12B of the Social Work (Scotland) Act 1968.".

    "(1) Any Career Development Loan paid to the claimant pursuant to section 2 of the Employment and Training Act 1973 except to the extent that the loan has been applied for and paid in respect of living expenses for the period of education and training supported by that loan and those expenses relate to any one or more of the items specified in sub-paragraph (2).

    (2) The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel or housing costs of any member of the family or any personal community charge, collective community charge contribution or any council tax for which any member of the family is liable.

    (3) For the purposes of this paragraph, "ordinary clothing and footwear" means clothing or footwear for normal daily use, but does not include school uniforms, or clothing and footwear used solely for sporting activities.".

    (6) The respective paragraph numbers and Schedules for the purposes of paragraph (5) of this regulation are -

(a) paragraphs 55 and 56 of Schedule 3 to the Disability Working Allowance Regulations;

(b) paragraphs 57 and 58 of Schedule 2 to the Family Credit Regulations.

    (7) In paragraph 22 of Schedule 2 to the Family Credit Regulations, in sub-paragraph (2)(a), for the figure "27(2)" there shall be substituted the figure "27".

Income-related benefits and jobseeker's allowance: capital treated as income
    3. - (1) In paragraph (1) of regulation 41 of the Income Support Regulations[21] (capital treated as income), after the sum "£8,000" there shall be inserted the words "or, in a case where regulation 45(b)[22] applies, £16,000".

    (2) In paragraph (1) of regulation 104 of the Jobseeker's Allowance Regulations (capital treated as income), after the sum "£8,000" there shall be inserted the words "or, in a case where regulation 107(b)[23] applies, £16,000".

    (3) There shall be added as -

(a) paragraph (4) of regulation 25 of the Council Tax Benefit Regulations;

(b) paragraph (3) of regulation 28 of the Disability Working Allowance Regulations;

(c) paragraph (4) of regulation 34 of the Housing Benefit Regulations;

(d) paragraph (3) of regulation 25 of the Family Credit Regulations;

(e) paragraph (6) of regulation 41 of the Income Support Regulations;

(f) paragraph (5) of regulation 104 of the Jobseeker's Allowance Regulations,

the following paragraph -

"Any Career Development Loan paid pursuant to section 2 of the Employment and Training Act 1973 shall be treated as income.".

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Notes:

[1] 1992 c.4; sections 123, 131, 135 and 137 were amended to have effect with respect to council tax benefit by Schedule 9 to the Local Government Finance Act 1992 (c.14), paras. 1, 4, 8 and 9; section 137(1) is an interpretation provision and is cited because of the meaning ascribed to the word prescribed.back

[2] 1992 c.5; section 5(6) was inserted by section 120 of the Housing Act 1996 (c.52); section 76 was amended to have effect with respect to council tax benefit by Schedule 9 to the Local Government Finance Act 1992 (c.14), para. 15; section 191 is an interpretation provision and is cited because of the meaning ascribed to the word prescribe.back

[3] 1995 c.18; section 35(1) is an interpretation provision and is cited because of the meaning ascribed to the words prescribed and regulations.back

[4] See section 176(1) of the Social Security Administration Act 1992 (c.5).back

[5] See sections 170 and 173(1)(b) of the Social Security Administration Act 1992 (c.5); paragraph 67 of Schedule 2 to the Jobseekers Act 1995 added that Act to the list of relevant enactments in respect of which regulations must normally be referred to the Committee.back

[6] The definition of benefit week was amended by S.I. 1988/1445.back

[7] The definition of benefit week was amended by S.I. 1996/1517 and 2538.back

[8] S.I. 1992/1814.back

[9] S.I. 1991/2887.back

[10] S.I. 1987/1973.back

[11] S.I. 1987/1971.back

[12] S.I. 1987/1967.back

[13] S.I. 1996/207.back

[14] 1996 c.30.back

[15] 1968 c.49; section 12B was inserted by the Community Care (Direct Payments) Act 1996 (c.30), section 4.back

[16] 1973 c.50; section 2 was amended by section 25 of the Employment Act 1988 (c.19).back

[17] Paragraph 15B was inserted by S.I. 1996/606.back

[18] 1990 c.6.back

[19] S.I. 1990/1506 (N.I. 11).back

[20] Paragraph 16A was inserted by S.I. 1996/1517.back

[21] The figure of £8,000 was inserted by S.I. 1990/671.back

[22] Regulation 45(b) was added by S.I. 1996/462.back

[23] Regulation 107(b) was added by S.I. 1996/1516.back

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