Explanatory note

These Regulations further amend the Income Support (General) Regulations 1987 (S.I. 1987/1967), the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971), the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/1814), the Family Credit (General) Regulations 1987 (S.I. 1987/1973) and the Disability Working Allowance (General) Regulations 1991 (S.I. 1991/2887) in the following respects.

With regard to income support, provision is made for the preserved rights of a person in a residential care home run by the Abbeyfield Society to cease if arrangements are made to provide him with personal care (regulation 2).

With regard to housing benefit and council tax benefit, provision is made—

for the severe disability premium payable to a couple to continue if one partner is in hospital (regulation 3);

for the additional family credit and disability working allowance payable to persons who work for 30 hours or more per week to be disregarded in the calculation of income (regulation 4);

for clarifying regulations relating to backdated claims (regulation 5).

With regard to family credit, provision is made for the calculation of normal weekly income where a person is paid fortnightly (regulation 7).

With regard to all income-related benefits, provision is made —

for increasing to £20 the disregard of certain charitable or voluntary payments in the calculation of income and for increasing the maximum amount to be disregarded from a claimant’s income in respect of such payments (regulation 8);

for treating as income a student loan which a person will be able to acquire if he takes reasonable steps to do so (regulation 9);

for clarifying regulations relating to the disregard of a partner’s contribution to a student grant in the calculation of the partner’s income (regulation 10);

for any payment to a claimant as holder of the Victoria Cross or George Cross to be disregarded in the calculation of capital (regulation 11).

Regulation 6 amends the definition of “exempt accommodation" in regulation 10 (saving) of the Housing Benefit (General) Amendment Regulations 1995.

Regulation 12 amends the capital limits in respect of claimants for income support and housing benefit who are in residential care, nursing homes or other types of residential accommodation. In relation to income support and housing benefit, the amount to be disregarded in the assessment of tariff income from capital is increased from £3,000 to £10,000 (paragraphs (1)(b) and (2)(b)). The upper capital limit for claimants for income support is increased from £8,000 to £16,000 (paragraph (1)(a)). Provision is also made for cases of temporary absence from residential accommodation and some consequential amendments are made to the relevant regulations.

These Regulations do not impose any costs on business.