Office of Public Sector Information

For the whole of regulation 25 (liable relative payments) substitute—

“25—(1) Where a claimant’s income consists of any payments made by a person, whether under a court order or not, for the maintenance of himself or herself or any member of the claimant’s family, and those payments are made or due to be made at regular intervals, the claimant’s normal weekly income from those payments must be determined—

(a) as if before the relevant date those payments are made at regular intervals and in regular amounts, by reference to the normal weekly amount;

(b) if they are not so made, by reference to the average amount of such payments received in the 13 weeks immediately preceding the week which includes the relevant date.

(2) Any maintenance payment other than one to which paragraph (1) of this regulation applies must be treated as capital.”.

In paragraph (1) omit the words from “For the purposes” to “income support)”.

In paragraph (1)(a) for “the weekly amount of his income” substitute “the normal weekly amount of his or her income at the relevant date”.

In paragraph (1) omit the words “Except where paragraph (2) applies”. In paragraph (1)(a) at the beginning insert the words “except where sub-paragraph (b) or (c) applies,”.

In paragraph (1)(b) at the beginning insert the words “except where sub-paragraph (c) applies,”.

After paragraph (1)(b) insert the word “or” and the following sub-paragraph—

“(c) where in respect of the employment the claimant provides a profit and loss account (and, where appropriate, a trading account or a balance sheet, or both), and the profit and loss account is in respect of a period of at least 6 months but not exceeding 15 months and that period ends within the 12 months preceding the relevant date.”.

After paragraph (1) insert the following new paragraph—

“(1A) In paragraph (1)(c)—

(a) “balance sheet” means a statement of the financial position of the employment disclosing its assets, liabilities and capital at the end of the period in question;

(b) “profit and loss account” means a financial statement showing the net profit or loss of the employment for the period in question; and

(c) “trading account” means a financial statement showing the revenue from sales, the cost of those sales and the gross profit arising during the period in question.”.

Omit paragraph (2).

In paragraph (1) for “regulation 29” substitute “regulation 28” and for “subject to paragraphs (2) to (7)” substitute “subject to paragraph (6)”.

In paragraph (6) omit “and has changed more than once”.

Omit paragraphs (3) to (5), (6A) and (7).

Omit paragraphs (1)(c), (1)(g), (1)(i), (1A) and (2A).

In paragraph (1)(d) omit the words after “employment”.

In paragraph (2)(a) omit the words “subject to paragraph (2A)”.

In paragraph (3) for “paragraph (9)” substitute “paragraphs (3A) or (9)”. After paragraph (3) insert—

“(3A) For the purpose of paragraph (1)(a), in a case where earnings of the employment are calculated over a period determined under regulation 30(1)(c), the net profit of the employment must, except where paragraph (9) applies, be calculated by taking into account the earnings of the employment relevant to that period (whether or not received in that period), less—

(a) subject to paragraphs (5) to (7), any expenses relevant to that period (whether or not defrayed in that period) and which were wholly and exclusively incurred for the purposes of that employment; and

(b) an amount in respect of—

(i) income tax,

(ii) social security contributions payable under the Contributions and Benefits Act, calculated in accordance with regulation 39 (deductions of tax and contributions for self-employed earners), and

(iii) one half of any premium paid in the period that is relevant under regulation 30 in respect of a retirement annuity contract or a personal pension scheme.”.

In paragraph (4) after “ the net profit of employment” insert “, except where paragraph (3A) or (9) applies,”.

In paragraph (1) for “regulation 29 (calculation of income other than earnings)” substitute “regulation 28 (calculation of income)” and for “paragraphs (2) to (3B)” substitute “paragraphs (2) and (3)”.

Omit paragraphs (3A) to (5).

In paragraph (1) for “on the first day” to “the date of that supersession” substitute “at the relevant date”.

Omit paragraphs (3) and (4).

In paragraph (1) for “on the first day” to “the date of that supersession” substitute “at the relevant date”.

Omit paragraphs (2), (3), (8) and (9).

For this regulation substitute—

“Capital Limit

45  For the purposes of Regulations 5(2)(e) and 6(1)(a) of the National Health Service (Travelling Expenses and Remission of Charges) (Wales) Regulations 2007 the capital limit is—

(a) for a claimant permanently residing in accommodation as defined in regulation 19A—

(i) until 8 April 2007— £21,500, and

(ii) from 9 April 2007— £22,000;

(b) in any other case—

(i) until 8 April 2007— £16,000and

(ii) from 9 April 2007— £17,250.”.

In paragraph (2) omit the words from “Except” to “applies”.

In paragraph (5) omit the words “Subject to paragraph (6),”.

Omit paragraphs (6) and (10)(a) and (b).

In paragraph (1A) for “£10,000” on each occasion it appears substitute—

“(a) until 8 April 2007 £16,000 ;

(b) from 9 April 2007 £17,250”; and for “£16,000” substitute —

“(a) until 8 April 2007 — £21,500;

(b) from 9 April 2007— £22,000”.

For paragraph (1B) substitute—

“(1B) For the purposes of paragraph (1A) and regulation 45, the prescribed circumstances are that the claimant lives permanently in accommodation as set out in regulation 19A.”.

In paragraph (3) for the reference to “regulation 60” substitute reference to “regulation 25”.

In paragraph (1) for the words “subject to paragraphs (2) and (2A)” substitute “subject to paragraphs (2), (2A) and (2C)”.

After paragraph (2B) insert—

“(2C) There must also be disregarded from a student’s grant income—

(a) any sum in excess of the sum set out as the maintenance grant amount in regulation 57(4)(b) of the Education (Student Support) Regulations 2006 (new system students with full entitlement) which forms part of a maintenance grant paid pursuant to regulation 48 of those Regulations (qualifying conditions for the maintenance grant);

(b) any sum in excess of the sum set out as the maintenance grant amount in regulation 33(4)(b) of the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2006 (maximum amount of loans for new system eligible students with full entitlement) which forms part of a maintenance grant paid pursuant to regulation 29 of those Regulations (maintenance grant); and

(c) any sum in excess of the sum set out as the maintenance grant amount in regulation 57(4)(b), (c) or (d), as appropriate, of the Education (Student Support) Regulations (Northern Ireland) 2006 (new system students with full entitlement) which forms part of a maintenance grant paid pursuant to regulation 49 of those Regulations (qualifying conditions for the maintenance grant).”.

For paragraph (3) substitute—

“(3) In calculating the weekly amount of the grant to be taken into account as income—

(a) except where sub-paragraph (b) or paragraph (4) applies, the grant must be apportioned equally between 52 weeks; and

(b) in the case of a grant which is payable in respect of the final academic year of the course or if the course is only of one academic year’s duration, in respect of that year the grant must be apportioned equally between the weeks in the period beginning with the start of the final academic year or, as the case may be, the single academic year and ending with the last day of the course.”.

Omit paragraph (3A). Omit paragraph (3B). In paragraph (4) for “weeks in the period beginning” to “last day of the period of study” substitute “remaining weeks in that period of study”.

For the words “No part” substitute

“(1) subject to paragraph (2), no part”.

After paragraph (1) insert the following paragraph—

“(2) For the purposes of this regulation and paragraph 15 of Schedule 9, “voluntary payment” does not include any payment made by a person whose income a Minister of the Crown or an education authority—

(a) would take into account in assessing the amount of a student’s grant or a student’s loan if an application for it were to be made; or

(b) has taken into account in assessing the amount of a student’s grant or student’s loan and which is in excess of contributions as assessed by a Minister of the Crown or an education authority.”.

In paragraph (1) after “hardship loan” insert “or any sum paid by way of an additional loan under regulation 10 of the Education (Student Loans) (Scotland) Regulations 2000 (maximum amounts of loans)”.

For paragraph (2) substitute—

“(2) In calculating the weekly amount of the loan to be taken into account as income—

(a) except where sub-paragraph (b) applies, the loan must be apportioned equally between the 52 weeks in the academic year;

(b) in the case of a loan which is payable in respect of the final academic year of the course or if the course is only of one academic year’s duration, in respect of that year the loan must be apportioned equally between the weeks in the period beginning with the start of the final academic year, or as the case may be, the single academic year and ending with the last day of the course,and, in the case of a person to whom paragraph (2A), (2B) or (2C) applies, £10 must be disregarded from the weekly amount so apportioned.”.

After paragraph (2) insert the following paragraphs—

“(2A) This paragraph applies to a student whose applicable amount includes any premium specified in Parts II and III of Schedule 2.

(2B) This paragraph applies where the claimant is a student to whom paragraph 12 of Schedule 1B applies;

(2C) This paragraph applies where the student is a partner of a claimant and the claimant is not also a student.”.

For paragraph 4(3) substitute the following paragraph—

“(3) This paragraph applies where—

(a) the claimant is aged not less than 60; or

(b) the claimant is a member of a couple, where at least one partner is aged not less than 60.”

In paragraph 4 omit sub-paragraphs (4) and (7).

In paragraph 6A(1) for “none of paragraphs 4 to 6 applies” substitute “paragraph 4 does not apply”.

In paragraph 7 for the words “none of paragraphs 4 to 6B” substitute “none of paragraphs 4 or 5 or 6A or 6B”.

In paragraph 8 omit “part-time”.

After paragraph 8 insert the following paragraph—

“8A  In a case in which none of paragraphs 4 to 8 applies to the claimant and he or she is one of a married or unmarried couple and a member of that couple is engaged in employment, £10; but if this paragraph applies to a claimant it does not apply to his or her partner except where, and to the extent that, the earnings of the claimant which are to be disregarded under this paragraph are less than £10.”.

In paragraph 9 for “8” substitute “8A”.

Omit paragraphs 6, 10, 13 and 16.

In paragraph 15, in sub-paragraph (1) omit the reference to “paragraph 37”, and omit sub-paragraph (3)(b).

In paragraph 16 for “paragraphs 36 and 37” substitute “paragraph 36”. In paragraph 19 for “£4.00” substitute “£20.00” and omit sub-paragraph (b).

For paragraph 21(1) substitute the following paragraph “Subject to paragraph (2), any income in kind.”.

Omit paragraph 21(3).

In paragraph 28 omit the words from “Except” to “return to work)”.

For paragraph 29(1) substitute the following paragraph—

“(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 payments of housing costs which qualify under paragraph 17(1)(zb) or (zc) of Schedule 3, or for repairs or improvements to the dwelling occupied as the home to the extent that it is used to meet—

(a) repayments of unsecured loans for the purposes of carrying out repairs and improvements to the dwelling occupied as the home; or

(b) any amounts due by way of premiums on that policy.”.

Omit paragraphs 30, 34 and 37.

After paragraph 77 insert the following paragraph-

“77A  Any payment of State Pension Credit Savings Credit as defined under sections 1 and 3 of the State Pensions Credit Act 2002.”.

In paragraph (1) omit the words “or with whom the claimant normally resides”.

In paragraph (2B) omit the words “subject to paragraph (2C)”.

Omit paragraph (2C).

In paragraph (1) for the words from “18 to 22A” to “urgent cases” substitute “18, 19A and 21”.

Omit paragraph (1)(bb) and (g).In paragraph (1)(e) omit the words “mortgage interest payments or” and “other”.

In paragraph (1) for the words from “regulations 21 to 22A” to “urgent cases” substitute “regulations 19A and 21(special cases)”.

Omit paragraph (1)(cc) and (h).After regulation 18 insert the following regulation—

“Care Homes

19A  Where a claimant lives permanently in—

(a) a care home within the meaning of section 3 of the Care Standards Act 2000; or

(b) in accommodation provided by a local authority under sections 21 to 24 and 26 of the National Assistance Act 1948,

and the claimant is a resident of such accommodation due to his or her personal circumstances and not as a carer, then the claimant’s weekly applicable amount must be calculated in accordance with Part 1 of Schedule 4A.”.

In paragraph (1) omit the words from “Subject to” to “amounts)”.

In paragraph (3) omit the definition of “partner of a person subject to immigration control”.

In paragraph (3) omit the definition of “person from abroad”.

Omit paragraphs (1B), (2), (3A), (3B),(3C), (3D), (3E), (3F), (4), (4A), (4B) and (5).

In column (1) of the Table for sub-paragraphs (1) to (3) substitute—

“(1) Single person aged not less than 25;

(2) Single person or lone parent aged not less than 60;

(3) Lone parent aged less than 60;

(4) Single person aged less than 25;

(5) Couple;

(6) Couple, where at least one partner is aged not less than 60.”

In column (2) of the Table (amounts) substitute—

Omit paragraphs 1A, 2A, 6(2), 9, 9A, 10, 12(1)(c), 12(4), 15(2), 15(2A) and 15(3).

In paragraph 2(1) omit “for the relevant period specified in column (1)”.

In paragraph 3(1)(a) omit the words from “to whom” to “(3) apply” and omit sub-paragraphs (2) to (7).

For paragraph 11(b) substitute the following—

“(b) where the claimant has a partner and both are aged less than 60 and the additional condition specified in paragraph 12 is satisfied by at least one of them.”.

In cross heading to paragraph 12 omit “Higher Pensioner and”.

In paragraph 12(1)(a)(i) for the words “long term incapacity benefit” substitute “incapacity benefit, where the claimant or partner has been in receipt of that benefit for at least 28 weeks,” and omit the words from “but, in the case” to “in respect of him”.

In paragraph 12(1)(b) after the words “the claimant” insert “or, as the case may be, his or her partner” and for sub-head (ii) substitute the following sub-head—

“(ii) has been so entitled or so incapable for a continuous period of at least 28 weeks.”.

In paragraph 12(1)(d)(ii) delete “higher pensioner premium or”.In paragraph 12(6) after “sub-paragraph (1)(a)(i)” delete “or (c)(i)” and for “long-term incapacity benefit” substitute “incapacity benefit, notwithstanding the requirement that the claimant or the claimant’s partner has been in receipt of that benefit for at least 28 weeks,”.

In paragraph 13(2)(a)(ii) and 13(2)(a)(iii) for “normally residing” substitute the words “residing with him or her” and delete “or with whom he is normally residing”.

In paragraph 1(1)(b) for “paragraphs 15 to 17” substitute “paragraph 17”.

For paragraph 1(2) substitute—

“(2) In this Schedule “period of study” has the meaning specified in regulation 61 (Interpretation).”

For paragraph 1(3) substitute—

“(3) For the purposes of this Schedule a disabled person is a person—

(a) who satisfies a condition specified in paragraph 12(1)(a) or (b) of Schedule 2 and whose capital does not exceed the capital limit; or

(b) who is aged 75 or over and whose capital does not exceed the capital limit; or

(c) in respect of whom a disabled child premium is included in his or her applicable amount or the applicable amount of a person living with him or her.”.

For paragraph 2(1)(c) substitute—

“(c) he or she in practice shares the housing costs with other members of the household where no member of that household who is liable to meet those costs is a close relative of the claimant or the claimant’s partner and it is reasonable in the circumstances that the claimant should be treated as sharing responsibility for those costs.”.

Omit paragraphs 1A, 2(2), 3(7) to (10), 6 to 16 and 18(7)(e).

In paragraph 3(12) for “not exceeding” substitute “is not likely to exceed”.

For paragraph 4 substitute—

“4  No amount may be met under the provision of this Schedule where the claimant is in accommodation which is a care home or accommodation provided by a local authority under sections 21 to 24 and 26 of the National Assistance Act except where the claimant is in such accommodation during a temporary absence from the dwelling he or she occupies as his or her home and, in so far as they relate to temporary absences, the provisions of paragraphs 3(11) and (12) apply to the claimant for those absences.”.

In paragraph 17—

In sub-paragraph (2) omit head (c) and for “Subject to” to “amount” substitute

• “Subject to sub-paragraphs (3), (3A) and (3B), the deductions to be made from the weekly amounts in respect of the housing costs specified in heads (za) and (a) to (e) of sub-paragraph (1)” and in head (a) omit the words from “unless the claimant” to the end of the head.

After sub-paragraph (3) insert the following new sub-paragraphs—

“(3A) Subject to sub-paragraph (3B), where arrangements are made for the housing costs mentioned in heads (za) and (a) to (e) of sub-paragraph (1) payable in respect of a period of study, to be paid irregularly or so that—

(a) no such costs are payable for or collected in the Christmas or Easter vacation with a period of study, or

(b) the costs in respect of the Christmas or Easter vacation within a period of study vary from those in the rest of that period of study,the weekly amount will be the amount payable in respect of a period of study divided by the number of weeks in that period of study.

(3B) Where the housing costs, to be calculated in accordance with sub-paragraph (3A), are subject to a deduction in accordance with sub-paragraph (2)(a) or (b), as the case may be, the weekly amount of the deduction will be the proportion of the deduction calculated in accordance with sub-paragraph (2)(a) or (b), as the number of weeks in the period of study, excluding Christmas and Easter vacations, bears to the number of weeks in the period of study.”.

For paragraph 18(7)(f) substitute—

“(f) to whom paragraph (2B) of regulation 3 (definition of non-dependant) would apply;”.

After Schedule 3B insert the following Schedule—

“Schedule 4A Applicable amounts of a person in accommodation within the meaning of Regulation 19A.1

(1) The applicable amount of a claimant to whom regulation 19A applies will be the aggregate of—

(a) subject to paragraphs 1(2) and 2, the weekly charge for the accommodation, including all meals and services provided for the claimant or, if the claimant is a member of a family, for the claimant and his or her family increased, where appropriate, in accordance with paragraph 2; and

(b) a weekly amount for personal expenses for the claimant and, if the claimant is a member of a family, for each member of his or her family determined in accordance with paragraph 2.

(2) Except where otherwise provided, no amount will be included in respect of a child or young person who is a member of the claimant’s family if the capital of that child or young person calculated in accordance with Part V in like manner as for the Claimant would exceed £6000.

2—(1) The allowance for personal expenses for the claimant and his or her partner (where appropriate) will be that set out in Schedule 9 of the Social Security Claims and Payments Regulations 1987 at paragraph 4(2A)(a).

(2) Where the claimant has a dependent child or children residing with him or her, the personal expenses allowed for each dependent will be those set out in Schedule 9 of the Social Security Claims and Payments Regulations 1987 at paragraph 4(2A)(a).”.

Omit the references in paragraph 1 to sub-paragraph (g) of regulation 17(1) and sub-paragraph (h) of regulation 18(1).

Omit both columns of paragraphs 6, 7, 10A, 10B, 10C 16A, 17 and 19A.

In the first column of paragraph 9 for sub-paragraphs (a)(i) and (ii) substitute the following—

“9—(a) (i) in a care home, or

(ii) is in accommodation provided by a local authority under sections 21 to 24 and 26 of the National Assistance Act 1948”.

In the first column of paragraph 9 for sub-paragraphs (b)(iii) and (iv) substitute the following—

“9—(b) (iii) in a care home, or

(iv) is in accommodation provided by a local authority under sections 21 to 24 and 26 of the National Assistance Act 1948.”.

After paragraph 10 insert the following paragraph—

Any amount applicable to the claimant under paragraphs 1(1)(a), (b) and (c) of Schedule 4A, determined as if the claimant were a single claimant plus—