Regulation 2 Amendment of the Income Support (General) RegulationsI1

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

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;”; and

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

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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

regulation 42(6A)(b)(i)^f9 (notional income); and

in Schedule 3 (housing costs)—

in paragraph 14(12)(c)(ii)^f17 omit the word “or”; and

omit paragraph 14(12)(c)(iii)^f18.

in paragraph 4A^f19 for “statutory sick pay under Part 1 of the Social Security and Housing Benefits Act 1982” substitute “ statutory sick pay under Part XI of, or ”;

for paragraph 28^f20 substitute—

“28.

(1)

 Any payment made by an authority in accordance with Article 18, 34C, 34D or 35A of the Children Order (general duty of an authority to promote the welfare of children or powers to grant financial assistance to persons looked after or in, or formerly in, its care).

(2)

Any payment (or part of a payment) made by an authority in accordance with Article 34D of the Children Order 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 125 of the Contributions and Benefits Act (trade disputes) applies; or

(b)

in respect of whom section 122(1) of the Contributions and Benefits Act (conditions of entitlement to income support) has effect as modified by section 126 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^f21; and

in paragraph 46^f22 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”.

in paragraph 7(1) for head (b)^f23 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^f24.”;

in paragraph 10 omit “supplementary benefit or”;

for paragraph 17^f25 substitute—

“17.

(1)

Any payment made by an authority in accordance with Article 18, 34C, 34D or 35A of the Children Order (general duty of an authority to promote the welfare of children and powers to grant financial assistance to persons looked after or in, or formerly in, its care).

(2)

Any payment (or part of a payment) made by an authority in accordance with Article 34D of the Children Order 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 125 of the Contributions and Benefits Act (trade disputes) applies; or

(b)

in respect of whom section 122(1) of the Contributions and Benefits Act (conditions of entitlement to income support) has effect as modified by section 126 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^f26; and

in paragraph 36^f27 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”.