The Income Support (General) (Jobseeker's Allowance Consequential Amendments) Regulations 1996
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SOCIAL SECURITY The Income Support (General) (Jobseeker's Allowance Consequential Amendments) Regulations 1996
1.—(1) These Regulations may be cited as the Income Support (General) (Jobseeker's Allowance Consequential Amendments) Regulations 1996 and shall come into force on 7th October 1996. (2) Regulations 2 to 32 of these Regulations shall have effect in relation to any particular claimant at the beginning of the first benefit week to commence for that claimant on or after 7th October 1996 which applies in his case. (3) In these Regulations—
2. In regulation 2 of the principal Regulations (interpretation)—
3. In regulation 3A of the principal Regulations (permitted period)[6]—
4. In Part II of the principal Regulations (conditions of entitlement) there shall be inserted at the beginning the following regulation— "Prescribed categories of person 4ZA.—(1) Subject to the following provisions of this regulation, a person to whom any paragraph of Schedule 1B applies falls within a prescribed category of person for the purposes of section 124(1)(e) of the Contributions and Benefits Act (entitlement to income support). (2) Paragraph (1) does not apply to a student during the period of study. (3) A student during the period of study falls within a prescribed category of person for the purposes of section 124(1)(e) of the Contributions and Benefits Act only if—
5.—(1) Regulation 4(2) of the principal Regulations (temporary absence from Great Britain) shall be amended in accordance with the following provisions of this regulation. (2) For heads (i) and (ii) of sub-paragraph (c) there shall be substituted the following heads—
(3) In head (v)[7] for the words "paragraph 5 of Schedule 1" there shall be substituted the words "paragraph 7 of Schedule 1B".
6. In regulation 6 of the principal Regulations (persons not treated as engaged in remunerative work) for paragraph (f) there shall be substituted the following paragraph—
7. In regulation 13(2) of the principal Regulations (circumstances in which persons in relevant education are to be entitled to income support)—
8.—(1) Regulation 16 of the principal Regulations (circumstances in which a person is to be treated as being or not being a member of the household)[8] shall be amended in accordance with the following provisions of this regulation. (2) In sub-paragraphs (a)(i), (aa)(i) and (b)(i) of paragraph (5) there shall be added at the beginning the words "subject to paragraph (5A),". (3) After paragraph (5) there shall be inserted the following paragraph—
9. In regulation 17(1) of the principal Regulations (applicable amounts) for the words "18 to 22" there shall be substituted the words "18 to 22A".
10.—(1) Regulation 18 of the principal Regulations (polygamous marriages)[9] shall be amended in accordance with the following provisions of this regulation. (2) In paragraph (1)—
(3) In paragraph (2) for sub-paragraph (b) there shall be substituted the following sub-paragraph—
11. In regulation 19(1) of the principal Regulations (applicable amounts for persons in residential care and nursing homes)[10] for the words "regulation 22" there shall be substituted the words "regulation 22A".
12. In regulation 21(1)[11] of the principal Regulations (special cases) for the words "regulations 21A and 22" there shall be substituted the words "regulation 22A".
13. In Part IV of the principal Regulations (applicable amounts) at the end there shall be added the following regulation— "Reduction in applicable amount where the claimant is appealing against a decision that he is not incapable of work 22A.—(1) Subject to paragraph (3), where a claimant falls within paragraph 25 of Schedule 1B (persons appealing against a decision that they are not incapable of work under the all work test), and none of the other paragraphs of that Schedule applies to him, his applicable amount shall be reduced by a sum equivalent to 20 per cent. of the following amount—
(2) A reduction under paragraph (1) shall, if it is not a multiple of 5p, be rounded to the nearest such multiple or, if it is a multiple of 2.5p but not of 5p, to the next lower multiple of 5p. (3) Paragraph (1) shall not apply to a claimant who is appealing against a decision that he is not incapable of work under the all work test where that decision was made on the first application of the test to the claimant, and the claimant was, immediately prior to 13th April 1995, either—
14.—(1) Regulation 23(4) of the principal Regulations (calculation of income and capital of members of claimant's family and of a polygamous marriage)[12] shall be amended in accordance with the following provisions of this regulation. (2) For the words "paragraph 1(3)(b), (e) or (f)" there shall be substituted the words "paragraphs 1(3)(b), (c), (f) or (g)". (3) In sub-paragraph (a) for the words "paragraph 1(3)(b)" there shall be substituted the words "paragraph 1(3)(c)". (4) In sub-paragraph (b) for the words "paragraph 1(3)(e) or (f)" there shall be substituted the words "paragraph 1(3)(f) or (g)".
15. In regulation 31(2) of the principal Regulations (date on which income is treated as paid)[13] for the words "unemployment benefit" there shall be substituted the words "jobseeker's allowance".
16. In regulation 32(4) of the principal Regulations (calculation of weekly amount of income)[13]—
17. In regulation 42(2) of the principal Regulations (notional income)[14] for sub-paragraph (c) there shall be substituted the following sub-paragraph—
18.—(1) Regulation 71 of the principal Regulations (applicable amounts in urgent cases)[15] shall be amended in accordance with the following provisions of this regulation. (2) In head (i) of paragraph (1)(a), for the words following"(polygamous marriages);" to the end of the head there shall be substituted the words "and where regulation 22A (reduction in applicable amount where the claimant is appealing against a decision that he is not incapable of work) applies, the reference in this head to 90 per cent. of the amount applicable shall be construed as a reference to 90 per cent. of the relevant amount under that regulation reduced by 20 per cent;". (3) In head (i) of paragraph (1)(b), for the words following"all of them;" to the end of the head there shall be substituted the words "and where regulation 22A (reduction in applicable amount where the claimant is appealing against a decision that he is not incapable of work) applies, the reference in this head to 90 per cent. of the amount shall be construed as a reference to 90 per cent. of the relevant amount under that regulation reduced by 20 per cent;".
19. In regulation 73(3) of the principal Regulations (amount of income support payable for part weeks)[16] for the words "unemployment benefit" there shall be substituted the words "jobseeker's allowance".
20. In paragraphs (b), (e) and (f) of regulation 75 of the principal Regulations (modifications in the calculation of income) for the words "unemployment benefit" in each place where they occur there shall be substituted the words "jobseeker's allowance".
21. In regulation 76(a) of the principal Regulations (reduction in certain cases) for the words from the beginning of the paragraph to "applies" there shall be substituted the words "in the case of a claimant to whom regulation 22A (reduction in applicable amount where the claimant is appealing against a decision that he is not incapable of work) applies".
22. Immediately before Schedule 2 to the principal Regulations (applicable amounts) there shall be inserted as Schedule 1B the Schedule set out in Schedule 1 to these Regulations.
23. Schedule 2 to the principal Regulations (applicable amounts)[17] shall be amended in accordance with the provisions of Schedule 2 to these Regulations.
24.—(1) Schedule 3 to the principal Regulations (housing costs)[18] shall be amended in accordance with the following provisions of this regulation. (2) For head (a) of paragraph 8(2) (new housing costs) there shall be substituted the following head—
(3) In paragraph 14 (linking rule)—
25. In Schedules 3A and 3B to the principal Regulations (protected sum)[20] in the definition of "protected sum" in paragraph 1(1) of each Schedule after the words"under this Schedule" there shall be inserted the words "or by virtue of regulation 87(2) of the Jobseeker's Allowance Regulations 1996[21].".
26. In paragraph 7 of Schedule 10 to the principal Regulations (capital to be disregarded) in sub-paragraph (b) after the words"an income-related benefit or" there shall be inserted the words "an income-based jobseeker's allowance,".
27.—(1) Where on 6th October 1996 or at any time during the eight weeks immediately preceding that date paragraph 4(1) of Schedule 1 to the principal Regulations (persons caring for another person) as in force on that date applied to a claimant, or would have applied to him if he had made a claim for income support, the claimant shall be treated for the purposes of paragraphs 5 and 6 of Schedule 1B to the principal Regulations as if, throughout the period that paragraph 4(1) of Schedule 1 applied or would have applied to him, paragraph 4 of Schedule 1B had applied or would have applied to him. (2) Where on 6th October 1996 paragraph 5 of Schedule 1 to the principal Regulations (persons incapable of work) as in force on that date applied to a claimant, the claimant shall be treated for the purposes of regulation 4(2)(c)(v) of and paragraph 10 of Schedule 1B to the principal Regulations as if, throughout the period that paragraph 5 of Schedule 1 applied to him, paragraph 7 of Schedule 1B had applied to him. (3) Where—
28. The regulations listed in Column 2 of Schedule 3 to these Regulations are hereby revoked to the extent specified in Column 3 of Schedule 3 to these Regulations.
29.—(1) The Income Support (Transitional) Regulations 1987[23] shall be amended in accordance with the following provisions of this regulation. (2) In regulation 2 (interpretation) at the end there shall be added the following paragraph—
(3) In regulation 2A (permitted period)[25]—
30. In regulation 24 of the Income Support (General) Amendment No. 4 Regulations 1991[26] (permitted period)—
31. In regulation 6 of the Income Support (General) Amendment No. 6 Regulations 1991[27] (definition of "permitted period")—
32. In determining whether a person is entitled to income support, or whether any amount is applicable or payable, entitlement to an income-based jobseeker's allowance shall be treated as entitlement to income support for the purposes of any requirement that a person is or has been entitled to income support for any period of time.
Notes: [2] 1992 c. 4; subsection (1)(e) was added by the Jobseekers Act 1995, section 41(4) and Schedule 2, paragraph 30(5); section 137(1) is an interpretation provision and is cited because of the meaning assigned to the word "prescribed". back [3] See section 173(5)(a) of the Social Security Administration Act 1992 (c. 5). back [6] Regulation 3A was inserted by S.I. 1989/1678. back [7] Head (v) was added by S.I. 1988/663 and substituted by S.I. 1995/482. back [8] Relevant amending instruments are S.I. 1988/663, 1989/534 and 1990/547. back [9] Relevant amending instrument is S.I. 1988/1228. back [10] Relevant amending instruments are S.I. 1988/663 and 1992/3147. back [11] Relevant amending instruments are S.I. 1990/2324 and 1994/527. back [12] Paragraph (4) was added by S.I. 1988/1228. back [13] Relevant amending instruments are S.I. 1988/663 and 1445 and 1995/482. back [14] Relevant amending instruments are S.I. 1988/663, 1992/468 and 1995/2303. back [15] Relevant amending instruments are S.I. 1988/663 and 1445, 1989/534 and 1993/2119. back [16] Regulations 73 to 77 were inserted by S.I. 1988/663; relevant amending instruments are S.I. 1988/1445 and 1995/482. back [17] Relevant amending instrument is S.I. 1995/559. back [18] Schedule 3 was substituted by S.I. 1995/1613. back [19] Sub-paragraphs (5A) and (5B) were inserted by S.I. 1995/2927. back [20] Schedule 3A was inserted by S.I. 1988/1445; relevant amending instrument is S.I. 1989/534. Schedule 3B was inserted by S.I. 1989/534. back [22] S.I. 1995/482; relevant amending instrument is S.I. 1995/2303. back |
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