Regulation 5 Amendment of regulation 4 of the Income Support (General) Amendment No. 6 Regulations 1991

For paragraph (9) of regulation 4 of the Income Support (General) Amendment No. 6 Regulations 1991 M1 (saving provision in relation to severe disability premium) there shall be substituted the following paragraphs–

“(9)

For the purposes of paragraph (8)(b) and regulation 5(2)(b), where a person has satisfied the second qualifying condition, but his circumstances change so that he no longer satisfies it, he shall nonetheless be treated as satisfying it for so long as he is a person to whom paragraph (10) applies.

(10)

This paragraph applies to a person–

(a)

who was, together with a close relative of his, either a co-owner of, or jointly liable to make payments to a landlord in respect of, the dwelling which he and that close relative jointly occupied as their home; and

(b)

who has since become, with that close relative or any other close relative, either–

(i)

jointly liable to make payments to a landlord in respect of that dwelling or any other dwelling; or

(ii)

a co-owner of that dwelling or any other dwelling, which he and the close relative jointly occupy as their home (whether or not there are other co-owners, or other persons jointly liable to make such payments).”.