Explanatory note
England, Wales and Scotland
(This note is not part of the Regulations)
These Regulations amend the Income Support (General) Regulations 1987 with effect from 11th April 1988.
The principal changes are as follows:
they insert a new Part VII to make provision for the calculation of income support payable for periods of less than a week and modify section 23(5) of the Act (trade disputes) in such cases (regulation 27);
they amend Part V to provide, in the calculation of income and capital, for the disregard of charitable payments made to haemophiliacs under the Macfarlane Trust and of certain other payments; and make a number of miscellaneous amendments to that Part (regulations 2, 12 to 24,26, and 34 to 36);
they extend the provisions for entitlement to income support whilst abroad to persons who have been incapable of work for at least 28 weeks (regulation 3); except persons in cases of hardship from the requirement to be available for work (regulation 6); increase, in cases of voluntary unemployment, the maximum period for reductions in applicable amounts and non-availability for employment from 13 to 26 weeks (regulations 7 and 11(b)); provide for a single person in hospital over 52 weeks to be treated as a member of the household and for a partner in local authority accommodation provided under certain enactments not to be so treated (regulation 8(b) and (c)); amend the definition of residential care home and limit the requirements imposed for small unregistered homes to homes in England and Wales (regulation 9(b));
they extend the urgent cases provisions to claimants of a specified description (regulation 25); provide in certain circumstances for entitlement to a higher pensioner or severe disablement premium where mobility or attendance allowance is not in payment (regulation 29); and make provision for determining the applicable amount of persons temporarily in local authority accommodation (regulation 33).
The Regulations also make a number of minor or drafting amendments (regulations 8(a) and (d), 9(a), l0, 30, 31(b), 32(b), 33(c) and (d)), and amendments consequential on the insertion of the new section 23A of the Social Security Act 1986 made by the Social Security Act 1988 (regulations 4, 5, 12(b), 17, 18, 21, 28, 36(b), and 36(d)) or on these Regulations (regulations 11(a), 31(a), 32(a)).
These Regulations are made before the expiry of 12 months from the commencement of the provisions under which they are made; they are accordingly exempt by section 61(5) of the Social Security Act 1986 from reference to the Social Security Advisory Committee and have not been so referred.