Regulation 2 Amendment of the Income Support (General) Regulations

in sub-paragraph (2), in the definition of “existing housing costs”, “to a third party” shall be omitted, and

in sub-paragraph (3)(b) “who is a non-dependant but” shall be omitted;

in sub-paragraph (8) “new” shall be omitted, and

in sub-paragraph (11) for “in accordance with this Schedule” there shall be substituted “by way of housing costs”;

in sub-paragraph (1) for “in receipt of” in both places where those words occur there shall be substituted “entitled to”, and

after sub-paragraph (1) there shall be inserted the following sub-paragraph—

“(1A)

For the purposes of sub-paragraph (1), the eligible capital for the time being owing shall be determined on the date the existing housing costs are first met and thereafter on each anniversary of that date.”;

in sub-paragraph (1)(a) for “in receipt of” there shall be substituted “entitled to”, and

after sub-paragraph (1) there shall be inserted the following sub-paragraph—

“(1A)

For the purposes of sub-paragraph (1), the eligible capital for the time being owing shall be determined on the date the new housing costs are first met and thereafter on each anniversary of that date.”;

sub-paragraph (1) shall be omitted;

in sub-paragraph (3) for “Sub-paragraphs (1) and (2) do” there shall be substituted “Sub-paragraph (2) does”, and

after sub-paragraph (9) there shall be inserted the following sub-paragraphs—

“(10)

Where in any case the amount for the time being specified for the purposes of sub-paragraph (5) is exceeded and there are 2 or more loans to be taken into account under either or both paragraphs 15 and 16, then the amount of eligible interest in respect of each of those loans to the extent that the loans remain outstanding shall be determined as if each loan had been reduced to a sum equal to the qualifying portion of that loan.

(11)

For the purposes of sub-paragraph (10), the qualifying portion of a loan shall be determined by applying the following formula—

$$\mathrm{R}\times \genfrac{}{}{0.1ex}{}{\mathrm{S}}{\mathrm{T}}$$

where—

• R = the amount for the time being specified for the purposes of sub-paragraph (4);

• S = the amount of the outstanding loan to be taken into account;

• T = the aggregate of all outstanding loans to be taken into account under paragraphs 15 and 16.”;

after sub-paragraph (3) there shall be inserted the following sub-paragraph—

“(3A)

Where, for the purposes of sub-paragraphs (1) and (3), a person is treated as being in receipt of income support, for a certain period, he shall be treated as being entitled to income support for the same period.”;

in sub-paragraph (5) for “less” there shall be substituted “more”;

after sub-paragraph (5) there shall be inserted the following sub-paragraphs—

“(5A)

Subject to sub-paragraph (5B), a person to whom sub-paragraph (4) applies and who is either a person to whom paragraph 4 of Schedule 1^f4 applies (persons with caring responsibilities not required to be available for employment) or alone parent shall, for the purposes of this Schedule, be treated as entitled to income support throughout any period of not more than 39 weeks following the refusal of a claim for income support made by or on behalf of that person.

(5B)

Sub-paragraph (5A) shall not apply in relation to a person mentioned in that sub-paragraph who, during the period referred to in that sub-paragraph—

(a)

is engaged in, or is treated as engaged in, remunerative work or whose partner is engaged in, or is treated as engaged in, remunerative work;

(b)

is treated as not available for employment by virtue of regulation 10(1)(h)^f5 (circumstances in which students are not treated as available for employment);

(c)

is temporarily absent from Northern Ireland, other than in the circumstances specified in regulation 4(2) and (3)^f6 (temporary absence from Northern Ireland).”;

in sub-paragraph (6)—

sub-paragraph (7) shall be omitted, and

in sub-paragraph (9) for “in receipt of” in both places where those words occur there shall be substituted “entitled to”, and

in sub-paragraph (1)(a) for “work for which payment is made or which is done in expectation of payment” there shall be substituted “remunerative work”;

in sub-paragraph (2) before “work” there shall be inserted “remunerative”, and

in sub-paragraph (8) before “work” there shall be inserted “remunerative”.