Regulation 2 Amendment of the Income Support Regulations

In Schedule 9 to the Income Support (General) Regulations 1987^f1 (sums to be disregarded in the calculation of income other than earnings) after paragraph 15A^f2 the following paragraph shall be inserted—

“15B

(1)

Subject to sub-paragraphs (2) and (3), where a claimant—

(a)

is a person to whom regulation 19 (preserved rights to income support) or paragraph 13A, 13B, 16 or 18 of Schedule 7 (applicable amounts in special cases) applies;

(b)

is not residing with his spouse; and

(c)

at least 50 per cent. of any occupational pension of his is being paid to, or in respect of, his spouse for that spouse’s maintenance,

an amount equal to 50 per cent. of the pension or pensions concerned.

(2)

Where a claimant is entitled to more than one occupational pension, those pensions shall be aggregated for the purposes of sub-paragraph (1).

(3)

This paragraph shall not have effect in respect of that part of any occupational pension to which a spouse is legally entitled whether under a court order or not.”.