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

in paragraph (2)^f3 after “a person who” insert “(subject to paragraph (2A))”;

after paragraph (2) insert—

“(2A)

For the purposes of paragraph (2)—

(a)

the eligible person shall be treated as satisfying the condition prescribed in regulation 8 of the Child Benefit (General) Regulations 2006^f4 (child benefit not payable in respect of qualifying young person: other financial support);

(b)

where sub-paragraphs (c) to (e) apply, the eligible person shall be treated as satisfying the condition prescribed in regulation 5(2)(e) and (f) of the Child Benefit (General) Regulations 2006 (extension period: 16 and 17 year olds).”.

for sub-paragraph (2)(a)^f5 substitute—

“(a)

where the payment is monthly, a period equal to the number of weeks from the date on which the payment is treated as paid to the date immediately before the date on which the next monthly payment would have been so treated as paid whether or not the next monthly payment is actually paid;

(aa)

where the payment is in respect of a period which is not monthly, a period equal to the length of the period for which payment is made;”;

omit paragraphs (4B)^f6 and (4D)(b)^f7.

in paragraph (2), for “royalties or sums paid periodically for or in respect of any copyright” substitute “any items to which paragraph (2A) applies”;

after that paragraph insert—

“(2A)

This paragraph applies to—

(a)

royalties;

(b)

sums paid periodically for or in respect of any copyright;

(c)

payments in respect of any book registered under the Public Lending Right Scheme 1982.”.

regulation 42(4ZA)(c)(iia) and (6A)(b)(i) (notional income)^f9,

regulation 51(3A)(b)(iia) (notional capital)^f10, and

paragraphs 4(4A)(a), 14(1)(ee)(i), (3B) and (12)(c)(iv) of Schedule 3 (housing costs)^f11,

in paragraph 4^f17 for “of statutory sick pay under Part 1 of the Social Security and Housing Benefits Act 1982 or statutory maternity pay under Part V of the Act, statutory paternity pay under Part 12ZA of the Contributions and Benefits Act, statutory adoption pay under Part” substitute “under Parts 11 to”;

for paragraph 28^f18 substitute—

“28.

(1)

Any payment made by a local authority in accordance with—

(a)

section 17, 23B, 23C or 24A of the Children Act 1989^f19,

(b)

section 12 of the Social Work (Scotland) Act 1968^f20, or

(c)

section 29 or 30 of the Children (Scotland) Act 1995^f21.

(2)

Any payment (or part of a payment) made by a local authority in accordance with section 23C of the Children Act 1989 or section 29 of the Children (Scotland) Act 1995 (local authorities’ duty to promote welfare of children and powers to grant financial assistance to persons in, or formerly in, their care) to a person (“A”) which A passes on to the claimant.

(3)

Sub-paragraphs (1) and (2) are subject to the following provisions.

(4)

Neither of those sub-paragraphs applies where the claimant is a person—

(a)

to whom section 126 of the Contributions and Benefits Act (trade disputes) applies, or

(b)

in respect of whom section 124(1) of the Contributions and Benefits Act (conditions of entitlement to income support) has effect as modified by section 127 of that Act (effect of return to work).

(5)

Sub-paragraph (2) applies only where A—

(a)

was formerly in the claimant’s care, and

(b)

is aged 18 or over, and

(c)

continues to live with the claimant.”;

omit paragraphs 41 and 42^f22;

for paragraph 46^f23 substitute—

“46.

Any payment in consequence of a reduction of council tax under section 13 or 80 of the Local Government Finance Act 1992^f24 (reduction of liability for council tax).”.

in paragraph 7(1)^f25, for paragraph (b) substitute—

“(b)

an income-related benefit or an income-based jobseeker’s allowance, child tax credit or working tax credit under Part 1 of the Tax Credits Act 2002^f26;”;

in paragraph 10 omit “supplementary benefit or”;

for paragraph 17^f27 substitute—

“17.

(1)

Any payment made by a local authority in accordance with—

(a)

section 17, 23B, 23C or 24A of the Children Act 1989,

(b)

section 12 of the Social Work (Scotland) Act 1968, or

(c)

section 29 or 30 of the Children (Scotland) Act 1995.

(2)

Any payment (or part of a payment) made by a local authority in accordance with section 23C of the Children Act 1989 or section 29 of the Children (Scotland) Act 1995 (local authorities’ duty to promote welfare of children and powers to grant financial assistance to persons in, or formerly in, their care) to a person (“A”) which A passes on to the claimant.

(3)

Sub-paragraphs (1) and (2) are subject to the following provisions.

(4)

Neither of those sub-paragraphs applies where the claimant is a person—

(a)

to whom section 126 of the Contributions and Benefits Act (trade disputes) applies, or

(b)

in respect of whom section 124(1) of the Contributions and Benefits Act (conditions of entitlement to income support) has effect as modified by section 127 of that Act (effect of return to work).

(5)

Sub-paragraph (2) applies only where A—

(a)

was formerly in the claimant’s care, and

(b)

is aged 18 or over, and

(c)

continues to live with the claimant.”;

omit paragraphs 32 and 33^f28;

in paragraph 36^f29 omit “a personal community charge pursuant to regulations under section 13A of the Local Government Finance Act 1988 or section 9A of the Abolition of Domestic Rates Etc (Scotland) Act 1987 (reduction of liability for personal community charge) or reduction of”.