The Income Support (General) Regulations 1987
S.I. 1987/1967 · Made 20 November 1987 · Extends to England, Wales and Scotland
SOCIAL SECURITY
Made 20th November 1987
Coming into Force 11th April 1988
Whereas a draft of this instrument was laid before Parliament in accordance with section 83(3) of the Social Security Act 1986 and approved by resolution of each House of Parliament:
Now, therefore, the Secretary of State for Social Services, in exercise of the powers conferred by sections 20(1), (3)(d), (4), (9), (11) and (12), 22(1), (2), (4) and (5) to (9), 23(1), (3) and (5), 51(1)(n) and 84(1) of the Social Security Act 1986 F1 and sections 114, 166(1) to (3A) of the Social Security Act 1975 F2 and of all other powers enabling him in that behalf by this instrument, which is made before the end of a period of 12 months from the commencement of the enactments under which it is made, hereby makes the following Regulations:C1C2C3C4C5C6C7C8C9C10
Annotations to the whole text
Textual amendments
- F1
1986 c. 50; section 84(1) is an interpretation provision and is cited because of the meanings assigned to the words “prescribed” and “regulations”.
- F2
1975 c. 14; section 114 is applied by section 52(3)(b) of the Social Security Act 1986 (c. 50); section 166(3A) is inserted by section 62 of that Act and section 166(1) to (3A) is applied by section 83(1) of that Act.
Modifications
- C1
Regulations modified (2.4.1999) by The New Deal (25 plus) (Miscellaneous Provisions) Order 1999 (S.I. 1999/779), arts. 1(1), 2, Sch.
- C2
Regulations applied (with modifications) (S.) (5.8.2003) by The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 2003 (S.S.I. 2003/376), regs. 1, 8, sch. 1
- C3
Regulations applied (with modifications) (S.) (6.10.2003) by The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 (S.S.I. 2003/460), reg. 1, Sch. (with reg. 13); (as amended (S.) (1.2.2005) by S.S.I. 2005/3, regs. 1(2), 3); (as amended (S.) (21.3.2025) by The Disability Assistance (Scottish Adult Disability Living Allowance) (Consequential Amendment, Revocation and Saving Provision) Regulations 2024 (S.S.I. 2024/311), regs. 1, 11)
- C4
Regulations applied (with modifications) (E.) (6.10.2003) by The National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 (S.I. 2003/2382), regs. 1(1), 15-17, Sch. 1 (with reg. 18); (as amended (E.) (1.2.2005) by S.I. 2005/26, regs. 1(1), 3)
- C5
Regulations applied (with modifications) (E.) (1.4.2006) by The National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 (S.I. 2003/2382), Sch. 1; (as amended (E.) by The National Health Service (Charges for Drugs and Appliances) and (Travel Expenses and Remission of Charges) Amendment Regulations 2006 (S.I. 2006/675), regs. 1(1), 7(3))
- C6
Regulations applied (with modifications) (W.) (1.4.2007) by The National Health Service (Travelling Expenses and Remission of Charges) (Wales) Regulations 2007 (W.S.I. 2007/1104), regs. 1(1), 14-16, Sch. 1
- C7
Regulations applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), regs. 1(2), 16(2)(e)(iii)(3), Sch. 2 Pt. 4 (with reg. 3)
- C8
Regulations applied (with modifications) (E.) (2.4.2018) by The National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 (S.I. 2003/2382) (as amended (E.W.) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2018 (S.I. 2018/48), reg. 1(2), Sch. 1 para. 10(3))
- C9
Regulations applied (with modifications) (W.) (2.4.2018) by The National Health Service (Travelling Expenses and Remission of Charges) (Wales) Regulations 2007 (W.S.I. 2007/1104) (as amended (W.) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2018 (S.I. 2018/48), reg. 1(2), Sch. 1 para. 17(3))
- C10
Regulations modified (temp.) (8.4.2020) by The Social Security (Coronavirus) (Prisoners) Regulations 2020 (S.I. 2020/409), regs. 1, 2(2)(a) (with reg. 6(2)); (as amended (12.5.2021) by The Social Security (Coronavirus) (Miscellaneous Amendments) Regulations 2021 (S.I. 2021/476), regs. 1, 4(6)
Contents
- Part I: GENERAL
- 1Citation and commencement
- 2Interpretation
- 2ADisapplication of section 1(1A) of the Administration Act
- 3Definition of non-dependant
- 3APermitted period
- Part II: CONDITIONS OF ENTITLEMENT
- 4ZAPrescribed categories of person
- 4Temporary absence from Great Britain
- 5Persons treated as engaged in remunerative work
- 6Persons not treated as engaged in remunerative work
- 7Meaning of employment Repealed
- 8Persons not required to be available for employment Repealed
- 9Persons treated as available for employment Repealed
- 10Circumstances in which claimants are not to be treated as available for employment Repealed
- 10AActively seeking employment Repealed
- 11Registration for employment Repealed
- 12Relevant Education
- 13Circumstances in which persons in relevant education are to be entitled to income support
- 13APersons under 18 years Repealed
- Part III: MEMBERSHIP OF THE FAMILY
- 14Persons of a prescribed description
- 15Circumstances in which a person is to be treated as responsible or not responsible for another
- 16Circumstances in which a person is to be treated as being or not being a member of the household
- Part IV: APPLICABLE AMOUNTS
- 17Applicable amounts
- 18Polygamous marriages
- 19Applicable amounts for persons in residential care and nursing homes Repealed
- 20Applicable amounts for persons in board and lodging accommodation and hostels Repealed
- 21Special cases
- 21AASpecial cases: supplemental – persons from abroad
- 21ZBTreatment of refugees Repealed
- 21AReductions in applicable amounts in certain cases of failure to attend courses Repealed
- 22Reductions in applicable amounts in certain cases of actual or notional unemployment benefit disqualification Repealed
- 22AReduction in applicable amount where the claimant is appealing against a decision which embodies a determination that he is not incapable of work
- 22BPeriod for which applicable amount is to be calculated where person not excluded from income support under section 115 of the Immigration and Asylum Act 1999 Repealed
- Part V: INCOME AND CAPITAL
- Chapter I: general
- 23Calculation of income and capital of members of claimant's family and of a polygamous marriage
- 23AIncome of participants in the self-employment route...
- 24Treatment of charitable or voluntary payments Repealed
- 25... liable relative payments
- 25AChild support Repealed
- 26Calculation of income and capital of students
- 27Rounding of fractions
- Chapter II: income
- 28Calculation of income
- 29Calculation of earnings derived from employed earner's employment and income other than earnings
- 30Calculation of earnings of self-employed earners
- 31Date on which income is treated as paid
- 32Calculation of weekly amount of income
- 33Weekly amount of charitable or voluntary payment Repealed
- 34Incomplete weeks of benefit Repealed
- Chapter III: employed earners
- 35Earnings of employed earners
- 36Calculation of net earnings of employed earners
- Chapter IV: self-employed earners
- 37Earnings of self-employed earners
- 38Calculation of net profit of self-employed earners
- 39Deduction of tax and contributions for self-employed earners
- Chapter IVA: PARTICIPANTS IN THE SELF-EMPLOYMENT ROUTE...
- 39AInterpretation
- 39BTreatment of gross receipts of participants in the self-employment route...
- 39CCalculation of income of participants in the self-employment route...
- 39DDeduction in respect of tax for participants in the self-employment route...
- Chapter V: other income
- 40Calculation of income other than earnings
- 41Capital treated as income
- 42Notional income
- 43Notional earnings of seasonal workers Repealed
- 44Modifications in respect of children and young persons
- Chapter VI: capital
- 45Capital limit
- 46Calculation of capital
- 47Disregard of capital of child or young person
- 48Income treated as capital
- 49Calculation of capital in the United Kingdom
- 50Calculation of capital outside the United Kingdom
- 51Notional capital
- 51ADiminishing notional capital rule
- 52Capital jointly held
- 53Calculation of tariff income from capital
- Chapter VII: ... liable relative payments
- 54Interpretation
- 55Treatment of ... liable relative payments
- 55ADisregard of payments treated as not relevant income
- 56Period over which periodical payments are to be taken into account
- 57Period over which payments other than periodical payments are to be taken into account
- 58Calculation of the weekly amount of a ... liable relative payment
- 59Date on which a ... liable relative payment is to be treated as paid
- 60Liable relative payments to be treated as capital Repealed
- Chapter VIIA: CHILD SUPPORT
- 60AInterpretation Repealed
- 60BTreatment of child support maintenance Repealed
- 60CCalculation of the weekly amount of payments of child support maintenance Repealed
- 60DDate on which child support maintenance is to be treated as paid Repealed
- 60EDisregard of payments treated as not relevant income Repealed
- Chapter VIII: STUDENTS
- 61Interpretation
- 62Calculation of grant income
- 63Calculation of covenant income where a contribution is assessed
- 64Covenant income where no grant income or no contribution is assessed
- 65Relationship with amounts to be disregarded under Schedule 9
- 66Other amounts to be disregarded
- 66ATreatment of student loans and postgraduate ... loans
- 66BTreatment of payments from access funds
- 66CTreatment of fee loans
- 66DTreatment of loans for specific purposes
- 67Disregard of contribution
- 67AFurther disregard of student’s income
- 68Income treated as capital
- 69Disregard of changes occurring during summer vacation
- Part VI: URGENT CASES
- 70Urgent cases Repealed
- 71Applicable amounts in urgent cases Repealed
- 72Assessment of income and capital in urgent cases Repealed
- Part VII: CALCULATION OF INCOME SUPPORT FOR PART-WEEKS
- 73Amount of income support payable
- 74Relevant week
- 75Modifications in the calculation of income
- 76Reduction in certain cases
- 77Modification of section 23(5) of the Act
- Signature
- Schedule 1: PERSONS NOT REQUIRED TO BE AVAILABLE FOR EMPLOYMENT Repealed
- 1Lone parents Repealed
- 2Single persons looking after foster children Repealed
- 3Persons temporarily looking after another person Repealed
- 4Persons caring for another person Repealed
- 4AParagraph 4A Repealed
- 5Persons incapable of work Repealed
- 6Disabled workers Repealed
- 6APersons in employment living in residential care homes, nursing homes or residential accommodation Repealed
- 7Disabled students Repealed
- 7AParagraph 7A Repealed
- 7BParagraph 7B Repealed
- 8Blind persons Repealed
- 9Pregnancy Repealed
- 10Persons in education Repealed
- 11Training allowances Repealed
- 12Open University students Repealed
- 13Persons within 10 years of pensionable age Repealed
- 14Persons aged 60 Repealed
- 15Allowances under the Job Release Act 1977 Repealed
- 16Refugees Repealed
- 17Persons required to attend court Repealed
- 18Discharged prisoners Repealed
- 19Persons affected by a trade dispute Repealed
- 20Persons from abroad Repealed
- 21Persons in custody Repealed
- 22Member of couple looking after children while other member temporarily abroad Repealed
- 23Persons taking a child or young person abroad for treatment Repealed
- Schedule 1A: CIRCUMSTANCES IN WHICH A PERSON AGED 16 OR 17 IS ELIGIBLE FOR INCOME SUPPORT
- Part I: PERS0NS ELIGIBLE UNTIL 18 Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- Part II: PERS0NS ELIGIBLE UNTIL THE RELEVANT DATE DETERMINED UNDER REGULATION 13A(3)(b) Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- 8Paragraph 8 Repealed
- 9Paragraph 9 Repealed
- 9AParagraph 9A Repealed
- 10Paragraph 10 Repealed
- Schedule 1B: PRESCRIBED CATEGORIES OF PERSON
- 1Lone parents
- 2Single persons looking after foster children
- 2ASingle persons looking after children placed with them prior to adoption
- 3Persons temporarily looking after another person
- 4Persons caring for another person
- 5Persons caring for another person
- 6Persons caring for another person
- 7Persons treated as capable of work and persons entitled to statutory sick pay
- 7ACertain persons in receipt of the daily living component of personal independence payment or adult disability payment
- 8Disabled workers Repealed
- 9Persons in employment living in residential care homes, nursing homes or residential accommodation Repealed
- 9APersons who have commenced remunerative work
- 10Disabled students Repealed
- 11Disabled students
- 12Deaf students Repealed
- 13Blind persons Repealed
- 14Pregnancy
- 14AParental leave
- 14BPaternity Leave
- 14CParental Bereavement Leave
- 14DNeonatal Care Leave
- 15Persons in education
- 15ACertain persons who have enrolled on, been accepted for or are undertaking full-time, non-advanced education
- 16Certain persons aged 50 who have not been in remunerative work for 10 years Repealed
- 16ACertain persons aged between 55 and 60 whose spouse or civil partner has died Repealed
- 17Persons aged 60 or over Repealed
- 18Refugees
- 18AParagraph 18A Repealed
- 19Persons required to attend court or tribunal
- 20Persons affected by a trade dispute
- 21Persons from abroad
- 22Persons in custody
- 23Member of couple looking after children while other member temporarily abroad
- 24Persons appealing against a decision which embodies a determination that they are not incapable of work
- 25Paragraph 25
- 26Paragraph 26 Repealed
- 27Paragraph 27 Repealed
- 28Persons engaged in training
- Schedule 2: APPLICABLE AMOUNTS
- Part I: personal allowances
- 1Paragraph 1
- 1AParagraph 1A
- 2Paragraph 2
- 2AParagraph 2A Repealed
- Part II: family premium
- 3Paragraph 3
- Part III: premiums
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Lone Parent Premium Repealed
- 8ABereavement Premium Repealed
- 9Pensioner premium for persons under 75
- 9APensioner premium for persons 75 and over
- 10Higher Pensioner Premium
- 11Disability Premium
- 12Additional condition for the Higher Pensioner and Disability Premiums
- 13Severe Disability Premium
- 13AEnhanced disability premium
- 14Disabled Child Premium
- 14ZACarer premium
- 14APersons in receipt of concessionary payments
- 14BPerson in receipt of benefit
- IVWeekly amounts of premiums specified in part III
- Part V: rounding of fractions
- 16Paragraph 16
- Schedule 3: HOUSING COSTS
- 1Housing Costs
- 1APrevious entitlement to income-based jobseeker’s allowance , income-related employment and support allowance or state pension credit
- 2Circumstances in which a person is liable to meet housing costs
- 3Circumstances in which a person is to be treated as occupying a dwelling as his home
- 4Housing costs not met
- 5Apportionment of housing costs
- 6Existing housing costs Repealed
- 7Transitional Protection Repealed
- 8Housing costs
- 9General exclusions from paragraph 8
- 10The calculation for loans Repealed
- 11General provisions applying to ... housing costs Repealed
- 12The standard rate Repealed
- 13Excessive Housing Costs Repealed
- 14Linking rule
- 15Loans on residential property Repealed
- 16Loans for repairs and improvements to the dwelling occupied as the home Repealed
- 17Housing costs
- 18Non-dependant deductions
- 19Rounding of fractions
- Schedule 3A: PROTECTED SUM Repealed
- 1Interpretation Repealed
- 2Protected sum Repealed
- 3Persons not entitled to a protected sum Repealed
- 4Period of application Repealed
- 5Reduction of protected sum Repealed
- 6Termination of protected sum Repealed
- 7Protected persons Repealed
- Schedule 3B: PROTECTED SUM Repealed
- 1Interpretation Repealed
- 2Protected sum Repealed
- 3Persons not entitled to a protected sum Repealed
- 4Reduction of protected sum Repealed
- 5Termination of protected sum Repealed
- 6Modifications in cases of temporary absence and loss of entitlement to income support Repealed
- Schedule 3CTHE GREATER LONDON AREA
- Schedule 4
- Part I: applicable amounts of persons in residential care and nursing homes Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Residential care homes Repealed
- 7Nursing homes Repealed
- 8Paragraph 8 Repealed
- 9Paragraph 9 Repealed
- 10Paragraph 10 Repealed
- 11Paragraph 11 Repealed
- 12Circumstances in which the maximum is not to apply Repealed
- 13Personal allowances Repealed
- Part II: persons to whom regulation 19 does not apply Repealed
- 14Paragraph 14 Repealed
- 15Paragraph 15 Repealed
- 16Paragraph 16 Repealed
- 17Paragraph 17 Repealed
- 18Paragraph 18 Repealed
- Schedule 5 Repealed
- Part ... Repealed
- Paragraph Repealed
- Part Repealed
- Paragraph Repealed
- Schedule 6: BOARD AND LODGING AREAS
- ...Part ...
- Schedule 7APPLICABLE AMOUNTS IN SPECIAL CASES
- Schedule 8: SUMS TO BE DISREGARDED IN THE CALCULATION OF EARNINGS
- 1Paragraph 1
- 1AParagraph 1A
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 6AParagraph 6A
- 6BParagraph 6B
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 15AParagraph 15A
- 15BParagraph 15B Repealed
- 15CParagraph 15C
- 16Paragraph 16
- Schedule 9: SUMS TO BE DISREGARDED IN THE CALCULATION OF INCOME OTHER THAN EARNINGS
- 1Paragraph 1
- 1AParagraph 1A
- 2Paragraph 2
- 2AParagraph 2A
- 3Paragraph 3
- 4Paragraph 4
- 4AParagraph 4A
- 5Paragraph 5
- 5AParagraph 5A
- 5BParagraph 5B
- 5CParagraph 5C
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 9AParagraph 9A Repealed
- 10Paragraph 10
- 11Paragraph 11
- 11AParagraph 11A
- 12Paragraph 12 Repealed
- 13Paragraph 13
- 14Paragraph 14 Repealed
- 15Paragraph 15
- 15AParagraph 15A Repealed
- 15BParagraph 15B Repealed
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 25AParagraph 25A
- 26Paragraph 26
- 27Paragraph 27
- 27AParagraph 27A
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 30ZAParagraph 30ZA
- 30AParagraph 30A
- 31Paragraph 31
- 31AParagraph 31A
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38 Repealed
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41 Repealed
- 42Paragraph 42 Repealed
- 43Paragraph 43
- 44Paragraph 44 Repealed
- 45Paragraph 45 Repealed
- 46Paragraph 46
- 47Paragraph 47 Repealed
- 48Paragraph 48
- 49Paragraph 49
- 50Paragraph 50
- 51Paragraph 51
- 52Paragraph 52 Repealed
- 53Paragraph 53
- 54Paragraph 54
- 55Paragraph 55
- 56Paragraph 56
- 57Paragraph 57 Repealed
- 58Paragraph 58
- 59Paragraph 59 Repealed
- 60Paragraph 60 Repealed
- 61Paragraph 61
- 62Paragraph 62 Repealed
- 62AParagraph 62A Repealed
- 63Paragraph 63 Repealed
- 64Paragraph 64 Repealed
- 64Paragraph 64
- 65Paragraph 65 Repealed
- 66Paragraph 66
- 69Paragraph 69
- 70Paragraph 70 Repealed
- 71Paragraph 71
- 72Paragraph 72
- 73Paragraph 73
- 74Paragraph 74
- 75Paragraph 75
- 76Paragraph 76
- 76AParagraph 76A
- 77Paragraph 77 Repealed
- 78Paragraph 78 Repealed
- 79Paragraph 79
- 80Paragraph 80
- 81Paragraph 81
- 82Paragraph 82
- 83Paragraph 83
- 84Paragraph 84
- 85Paragraph 85
- 86Paragraph 86
- 87Paragraph 87
- 88Paragraph 88
- 89Paragraph 89
- Schedule 10: CAPITAL TO BE DISREGARDED
- 1Paragraph 1
- 1AParagraph 1A
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 7AParagraph 7A
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 12AParagraph 12A
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 18AParagraph 18A
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 22AParagraph 22A Repealed
- 23Paragraph 23
- 23AParagraph 23A
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32 Repealed
- 33Paragraph 33 Repealed
- 34Paragraph 34
- 35Paragraph 35 Repealed
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 39AParagraph 39A
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47 Repealed
- 48Paragraph 48 Repealed
- 49Paragraph 49 Repealed
- 50Paragraph 50 Repealed
- 50AParagraph 50A Repealed
- 51Paragraph 51 Repealed
- 52Paragraph 52
- 53Paragraph 53 Repealed
- 56Paragraph 56
- 57Paragraph 57 Repealed
- 57Paragraph 57 Repealed
- 58Paragraph 58
- 59Paragraph 59
- 60Paragraph 60
- 61Paragraph 61
- 62Paragraph 62
- 63Paragraph 63
- 64Paragraph 64
- 65Paragraph 65
- 66Paragraph 66
- 67Paragraph 67
- 68Paragraph 68
- 68AParagraph 68A
- 69Paragraph 69 Repealed
- 70Paragraph 70 Repealed
- 71Paragraph 71
- 72Paragraph 72
- 73Paragraph 73
- 74Paragraph 74
- 75Paragraph 75
- 76Paragraph 76
- 77Paragraph 77
- 78Paragraph 78
- Explanatory note