Regulation 2 Amendment of the Income Support (General) Regulations 1987I1

omit the following definitions—

at the appropriate places insert the following definitions—

• ““Health Service Act” means the National Health Service Act 2006^f7;

• “Health Service (Wales) Act” means the National Health Service (Wales) Act 2006^f8;”;

in the definition of “non-dependant deduction” for “11” substitute “18”;

in the definition of “youth training scheme or youth training”^f9 omit “youth training scheme or”.

in paragraph (1) for “(2) or (3) applies” substitute “(2) to (4) apply”;

in paragraph (3)—

after paragraph (3) add—

“(4)

Where working tax credit is paid by virtue of regulation 7D (ceasing to undertake work or working less than 16 hours a week) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002^f12, it shall be treated as paid on the first day of the benefit week in which that award of tax credit begins; but this paragraph shall only apply until the last day of the last benefit week that coincides with or precedes the last day for which tax credit is awarded under that regulation.”.

after “other than earnings)” insert “ and regulation 31(3) (date on which income is treated as paid)” and after “a payment” insert “of income or tax credit”;

for sub-paragraph (b)(iii) substitute—

“(iii)

in a case where that period is a year and the payment is an award of working tax credit, by dividing the payment by the number of days in the year and multiplying the result by 7;

(iiia)

in a case where that period is a year and the payment is income other than an award of working tax credit, by dividing the amount of the payment by 52;”.

regulation 42(4ZA)(a)^f14 (notional income),

regulation 48(10)(c) ^f15 (income treated as capital),

regulation 51(3A)(a)^f16 (notional capital),

regulation 72(1)(a)(i)^f17 (assessment of income and capital in urgent cases),

paragraph 18(8)(b) of Schedule 3^f18 (housing costs),

paragraphs 21(2)^f19 and 39(1)^f20 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings),

paragraph 22(1) of Schedule 10^f21 (capital to be disregarded),

in the definition of “contribution”^f24 for “Further and Higher Education (Scotland) Act 1992”^f25 substitute “Education (Scotland) Act 1980”^f26;

for the definition of “sandwich course”^f27 substitute—

• ““sandwich course” has the meaning prescribed in regulation 2(9) of the Education (Student Support) Regulations 2008^f28, regulation 4(2) of the Education (Student Loans) (Scotland) Regulations 2007^f29, regulation 2(8) of the Education (Student Support) Regulations (Northern Ireland) 2007^f30;”;

in paragraph (c) of the definition of “standard maintenance grant”^f31 omit “and paid under the Further and Higher Education (Scotland) Act 1992”.

in paragraph (1) omit “unless it is a hardship loan in which case it shall be disregarded”;

omit paragraph (1A).

in paragraph 3(11)(c)(i)(bb)^f33 (circumstances in which a person is to be treated as occupying a dwelling as his home) for “section 9 of Criminal Justice and Court Services Act 2000”^f34 substitute “section 13 of the Offender Management Act 2007^f35”;

in paragraphs 4(10)(b) (housing costs not met) for “children” substitute “persons” and for “who belong to the same family as the claimant” substitute “but under the age of 20 who live with the claimant and for whom the claimant or the claimant’s partner is responsible”;

in paragraph 14(3) (linking rule) after “that section” insert “or under the Enterprise and New Towns (Scotland) Act 1990^f36”;

F1in paragraph 16(2)(l) (loans for repairs and improvements to the dwelling occupied as the home) for “children” substitute “persons” and for “who are part of the same family as the claimant” substitute “but under the age of 20 who live with the claimant and for whom the claimant or the claimant’s partner is responsible”;

in paragraph 18(7)(b) (non-dependant deductions) for “a Youth Training Scheme” substitute “youth training”.