Explanatory note
(This note is not part of the Regulations)
These Regulations make transitional provision for awards of family credit on claims made before 11th April 1988 (which is when the family credit provisions in Part II of the Social Security Act 1986 come into force) and in the six months after that date.
Regulation 3 provides for cases where family credit is to be treated as claimed on 11th April 1988.
Regulation 4 treats certain claims for family credit as including claims for family income supplement until 11th April 1988. Wherever both benefits are claimed regulation 5 requires entitlement to family income supplement to be determined first.
Regulations 6 and 7 make transitional provision for the determination of circumstances (and modify section 20(5) of the Social Security Act 1986 in this regard) where the claim for family credit is treated as made on 11th April 1988.
Regulation 8 provides that, where an award of family credit follows an award of family income supplement, the rate is to be at least as beneficial as if the award of family income supplement had continued and the payment for 11th April 1988 is to be treated as a payment for a full week.
Regulation 9 provides for initial awards of family credit to be for periods other than 26 weeks (and modifies section 20(6) of the Act in this regard).
These Regulations contain only provisions consequential on sections 20 to 22 of the Social Security Act 1986 and Regulations made under those sections in their application to family credit and are made before the expiry of 12 months from the commencement of those sections. Accordingly the Regulations are exempt, by section 61(5) of that Act, from reference to the Social Security Advisory Committee and have not been so referred.