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The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 2) Regulations 1995

S.I. 1995/1339 · Made 22 May 1995

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

SOCIAL SECURITY

Made 22nd May 1995

Laid before Parliament 25th May 1995

Coming into force 17th July 1995

The Secretary of State for Social Security, in exercise of powers conferred on him by sections 123(1)(b) to (e), 128(5), 129(8), 136(3) and (5)(b), 137(1), (2)(c) and (d) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992f1 and of all other powers enabling him in that behalf, after consultation in respect of regulations 2 and 9 with organisations appearing to him to be representative of the authorities concernedf2 and after agreement by the Social Security Advisory Committee that proposals to make these Regulations should not be referred to itf3, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1992 c. 4; section 123(1)(e) was substituted by the Local Government Finance Act 1992 (c. 14) sections 103 and 118 and Schedule 9; section 137(1) is an interpretation provision and is cited because of the meaning assigned to the word "prescribed".

f2

Seethe Social Security Administration Act 1992 (c. 5) section 176(1).

f3

Seesection 173(1)(b) of the Social Security Administration Act 1992; section 173(7) defines "regulations".

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment of Schedule 4 to the Council Tax Benefit Regulations
  3. 3Insertion of regulation 6A in the Disability Working Allowance Regulations
  4. 4Amendment of regulation 51 of the Disability Working Allowance Regulations
  5. 5Amendment of Schedule 5 to the Disability Working Allowance Regulations
  6. 6Insertion of regulation 4A in the Family Credit Regulations
  7. 7Amendment of regulation 46 of the Family Credit Regulations
  8. 8Amendment of Schedule 4 to the Family Credit Regulations
  9. 9Amendment of Schedule 4 to the Housing Benefit Regulations
  10. Signature
  11. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Income-related Benefits Schemes (Miscellaneous Amendments) (No. 2) Regulations 1995 and shall come into force on 17th July 1995.

(2)

Regulations 3 to 8 of these Regulations shall have effect in relation to any particular claimant—

(a)

except where sub-paragraph (b) applies, on 18th July 1995;

(b)

where a claimant has an award of disability working allowance or family credit which is current on 17th July 1995, on the day following the expiration of that award.

(3)

In these Regulations—

  • “the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 1992f1;

  • “the Disability Working Allowance Regulations” means the Disability Working Allowance (General) Regulations 1991f2;

  • “the Family Credit Regulations” means the Family Credit (General) Regulations 1987f3; and

  • “the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987f4.

2Amendment of Schedule 4 to the Council Tax Benefit Regulations

In Schedule 4 to the Council Tax Benefit Regulations (sums to be disregarded in the calculation of income other than earnings) the following new paragraphs shall be added after paragraph 55f1—

“56

Any amount of disability working allowance up to a maximum of £10 per week where the claimant is entitled to the allowance under regulation 51(1)(bb) of the Disability Working Allowance (General) Regulations 1991f2.

57

Any amount of family credit up to a maximum of £10 per week where the claimant is entitled to the credit under regulation 46(1)(aa) of the Family Credit (General) Regulations 1987f3.”.

3Insertion of regulation 6A in the Disability Working Allowance Regulations

In the Disability Working Allowance Regulations after regulation 6 (remunerative work) the following new regulation shall be inserted—

“Further provision as to remunerative work

  • 6A. Whether, for the purposes of regulation 51(1)(bb) (determination of appropriate maximum disability working allowance) and paragraph 2A of Schedule 5f1, the work a person undertakes is for not less than 30 hours per week shall be determined in accordance with regulation 6(1)(b), (3), (4) and (4A)f2 except that for the words “16 hours” in paragraph (4) there shall be substituted the words “30 hours”.”.

4Amendment of regulation 51 of the Disability Working Allowance Regulations

In regulation 51 of the Disability Working Allowance Regulations (determination of appropriate maximum disability working allowance) after sub-paragraph (1)(b) the following new sub-paragraph shall be inserted—

“(bb)

in respect of a claimant who is—

(i)

a single claimant or lone parent who works, or

(ii)

a member of a married or unmarried couple either or both of whom work,

(iii)

for not less than 30 hours per week, the allowance specified in column (2) of Schedule 5 at paragraph 2A.”.

5Amendment of Schedule 5 to the Disability Working Allowance Regulations

In Schedule 5 to the Disability Working Allowance Regulations (determination of appropriate maximum disability working allowance) after paragraph 2 the following new paragraph shall be inserted—

Column (1)Column (2)
2A. In the case of a claimant to whom regulation 51(1)(bb) applies.2A. £10..

6Insertion of regulation 4A in the Family Credit Regulations

In the Family Credit Regulations after regulation 4 (remunerative work) the following new regulation shall be inserted—

“Further provision as to remunerative work

  • 4A. Whether, for the purposes of regulation 46(1)(aa) (determination of appropriate maximum family credit) and paragraph 1A of Schedule 4f1, the work a person undertakes is for not less than 30 hours per week shall be determined in accordance with regulation 4(1)(b), (3), (4) and (4A)f2 except that for the words “16 hours” in paragraph (4) there shall be substituted the words “30 hours”.”.

7Amendment of regulation 46 of the Family Credit Regulations

In regulation 46 of the Family Credit Regulations (determination of maximum family credit) after sub-paragraph (a) of paragraph (1) the following new sub-paragraph shall be inserted—

“(aa)

in respect of a lone parentf1 who works, or a claimant who is a member of a married or unmarried couple either or both of whom work, for not less than 30 hours per week, the credit specified in column (2) of Schedule 4 against paragraph 1A;”.

8Amendment of Schedule 4 to the Family Credit Regulations

In Schedule 4 to the Family Credit Regulations (determination of appropriate maximum family credit) after paragraph 1 the following new paragraph shall be inserted—

Column (1)Column (2)
1A. In the case of an adult or adults to whom regulation 46(1)(aa) applies.1A. £10..

9Amendment of Schedule 4 to the Housing Benefit Regulations

In Schedule 4 to the Housing Benefit Regulations (sums to be disregarded in the calculation of income other than earnings) the following new paragraphs shall be added after paragraph 56(c)f1—

“57

Any amount of disability working allowance up to a maximum of £10 per week where the claimant is entitled to the allowance under regulation 51(1)(bb) of the Disability Working Allowance (General) Regulations 1991.

58

Any amount of family credit up to a maximum of £10 per week where the claimant is entitled to the credit under regulation 46(1)(aa) of the Family Credit (General) Regulations 1987.”.

Signature

Signed by authority of the Secretary of State for Social Security.

Roger Evans

Parliamentary Under-Secretary of State,

Department of Social Security

22nd May 1995

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/1814), the Disability Working Allowance (General) Regulations 1991 (S.I. 1991/2887), the Family Credit (General) Regulations 1987 (S.I. 1987/1973) and the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971).

The Disability Working Allowance (General) Regulations 1991 and the Family Credit (General) Regulations 1987 are amended to provide for entitlement to an additional allowance or credit of £10 per week where either the claimant or his partner or both of them work not less than 30 hours per week and for the manner in which those hours shall be calculated (regulations 3 to 8).

The Council Tax Benefit (General) Regulations 1992 and the Housing Benefit (General) Regulations 1987 are amended so that any additional disability working allowance or additional family credit which is awarded to the claimant is disregarded from a claimant’s income in calculating his entitlement to council tax benefit and housing benefit (regulations 2 and 9).

These Regulations do not impose a charge upon businesses.