Income-related Benefits Schemes and Social Security (Recoupment) Amendment Regulations 1992
| Year | 1992 |
1992 No. 1101
SOCIAL SECURITYHOUSING, ENGLAND AND WALESHOUSING, SCOTLAND
The Income-related Benefits Schemes and Social Security (Recoupment) Amendment Regulations 1992
Made 6th May 1992
Laid before Parliament 6th May 1992
Coming into force 7th May 1992
The Secretary of State for Social Security, in exercise of powers conferred by sections 20(1), 22(8), 22(9)(a) to (c), 51(1)(h), 51A(1)(h) and 84(1) of the Social Security Act 19861, sections 22(5) and 30(1) of the Social Security Act 19892and section 166(1) to (3A) of the Social Security Act 19753and of all other powers enabling him in that behalf, so far as these Regulations relate to housing benefit and community charge benefits, after consultation with organisations appearing to him to be representative of the authorities concerned4, and after agreement by the Social Security Advisory Committee that proposals to make these Regulations should not be referred to it5, hereby makes the following Regulations:
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Income-related Benefits Schemes and Social Security (Recoupment) Amendment Regulations 1992 and shall come into force on 7th May 1992.
(2) In these Regulations—
“the Community Charge Benefits Regulations” means the Community Charge Benefits (General) Regulations 19896;
“the Disability Working Allowance Regulations” means the Disability Working Allowance (General) Regulations 19917;
“the Family Credit Regulations” means the Family Credit (General) Regulations 19878;
“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 19879;
“the Income Support Regulations” means the Income Support (General) Regulations 198710;
“the Social Security (Recoupment) Regulations” means the Social Security (Recoupment) Regulations 199011.
Amendment of the Community Charge Benefits Regulations
2.—(1) The Community Charge Benefits Regulations shall be amended in accordance with the following paragraphs of this regulation.
(2) In regulation 2(1) (interpretation)—
(a)
(a) after the definition of “polygamous marriage” there shall be inserted the following definition—
““qualifying person” means a person in respect of whom payment has been made from the Fund;”;
(b)
(b) after the definition of “supplementary benefit” there shall be inserted the following definition—
““the Fund” means moneys made available from time to time by the Secretary of State for the benefit of persons eligible for payment in accordance with the provisions of a scheme established by him on 24th April 1992 or, in Scotland, on 10th April 1992;”.
(3) In regulation 25(3) (notional income) after the words “the Macfarlane (Special Payments) (No. 2) Trust” there shall be inserted the words “, the Fund”.
(4) In regulation 30(6) (income treated as capital) after the words “the Macfarlane (Special Payments) (No. 2) Trust” there shall be inserted the words “, the Fund”.
(5) In regulation 33(3) (notional capital) after the words “the Macfarlane (Special Payments) (No. 2) Trust” there shall be inserted the words “, the Fund”.
(6) In regulation 61(3) (evidence and information to be provided to an authority by a claimant)—
(a)
(a) in sub-paragraph (a)—
(i) in head (i) for the words “(payments in kind made by a charity or under certain trusts)” there shall be substituted the words “(certain payments in kind)”;
(ii) in head (ii) for the words “or the Macfarlane (Special Payments) (No. 2) Trust” there shall be substituted the words “, the Macfarlane (Special Payments) (No. 2) Trust or the Fund”;
(b)
(b) in sub-paragraph (b) after the words “under certain trusts” there shall be inserted the words “and certain other payments”.
(7) In Schedule 3 (sums to be disregarded in the calculation of income other than earnings), in paragraph 35—
(a)
(a) in sub-paragraph (1) after the words “(“the Trusts”),” there shall be inserted the words “the Fund”;
(b)
(b) in sub-paragraph (2) after the words “suffered from haemophilia” there shall be inserted the words “or who is or was a qualifying person”;
(c)
(c) in sub-paragraph (3)—
(i) after the words “suffered from haemophilia” there shall be inserted the words “or who is or was a qualifying person”;
(ii) in head (a) after the words “suffering from haemophilia” there shall be inserted the words “or who is a qualifying person”;
(d)
(d) in sub-paragraph (4) after the words “suffering from haemophilia” there shall be inserted the words “or who is a qualifying person”;
(e)
(e) in sub-paragraph (5) after the words “suffered from haemophilia” there shall be inserted the words “or who was a qualifying person”;
(f)
(f) after sub-paragraph (6) there shall be added the following sub-paragraph—
“7 For the purposes of sub-paragraphs (2) to (6), any reference to the Trusts shall be construed as including a reference to the Fund.”.
(8) In Schedule 4 (capital to be disregarded)—
(a)
(a) in paragraph 23—
(i) in sub-paragraph (1) after the words “(“the Trusts”),” there shall be inserted the words “the Fund”;
(ii) in sub-paragraph (2) after the words “suffered from haemophilia” there shall be inserted the words “or who is or was a qualifying person”;
(iii) in sub-paragraph (3)—
(aa)
(aa) after the words “suffered from haemophilia” there shall be inserted the words “or who is or was a qualifying person”;
(bb)
(bb) in head (a) after the words “suffering from haemophilia” there shall be inserted the words “or who is a qualifying person”;
(iv) in sub-paragraph (4) after the words “suffering from haemophilia” there shall be inserted the words “or who is a qualifying person”;
(v) in sub-paragraph (5) after the words “suffered from haemophilia” there shall be inserted the words “or who was a qualifying person”;
(vi) after sub-paragraph (6) there shall be added the following sub-paragraph—
“7 For the purposes of sub-paragraphs (2) to (6), any reference to the Trusts shall be construed as including a reference to the Fund.”;
(b)
(b) in paragraph 32 for the words “or the Macfarlane (Special Payments) (No. 2) Trust” there shall be substituted the words “, the Macfarlane (Special Payments) (No. 2) Trust or the Fund”.
Amendment of the Disability Working Allowance Regulations
3.—(1) The Disability Working Allowance Regulations shall be amended in accordance with the following paragraphs of this regulation.
(2) In regulation 2(1) (interpretation)—
(a)
(a) after the definition of “policy of life insurance” there shall be inserted the following definition—
““qualifying person” means a person in respect of whom payment has been made from the Fund;”;
(b)
(b) after the definition of “student” there shall be inserted the following definition—
““the Fund” means moneys made available from time to time by the Secretary of State for the benefit of persons eligible for payment in accordance with the provisions of a scheme established by him on 24th April 1992 or, in Scotland, on 10th April 1992;”.
(3) In regulation 29(3) (notional income) after the words “the Macfarlane (Special Payments) (No. 2) Trust” there shall be inserted the words “, the Fund”.
(4) In regulation 34(3) (income treated as capital) after the words “the Macfarlane (Special Payments) (No. 2) Trust” there shall be inserted the words “, the Fund”.
(5) In regulation 37(3) (notional capital) after the words “the Macfarlane (Special Payments) (No. 2) Trust” there shall be inserted the words “, the Fund”.
(6) In Schedule 3 (sums to be disregarded in the calculation of income other than earnings), in paragraph 33—
(a)
(a) in sub-paragraph (1) after the words “(“the Trusts”),” there shall be inserted the words “the Fund”;
(b)
(b) in sub-paragraph (2) after the words “suffering from haemophilia” there shall be inserted the words “or who was or is a qualifying person”;
(c)
(c) in sub-paragraph (3) after the words “suffering from haemophilia” there shall be inserted the words “or who is a qualifying person”;
(d)
(d) in sub-paragraph (4) after the words “suffered from haemophilia” there shall be inserted the words “or who was a qualifying person”;
(e)
(e) after sub-paragraph (5) there shall be added the following sub-paragraph—
“6 For the purposes of sub-paragraphs (2) to (5), any reference to the Trusts shall be construed as including a reference to the Fund.”.
(7) In Schedule 4 (capital to be disregarded)—
(a)
(a) in paragraph 23—
(i) in sub-paragraph (1) after the words “(“the Trusts”)” there shall be inserted the words “, the Fund”;
(ii) in sub-paragraph (2) after the words “suffering from haemophilia” there shall be inserted the words “or who was or is a qualifying person”;
(iii) in sub-paragraph (3) after the words “suffering from haemophilia” there shall be inserted the words “or who is a qualifying person”;
(iv) in sub-paragraph (4) after the words “suffered from haemophilia” there shall be inserted the words “or who was a qualifying person”;
(v) after sub-paragraph (5) there shall be added the following sub-paragraph—
“6 For the purposes of sub-paragraphs (2) to (5), any reference to the Trusts shall be construed as including a reference to the Fund.”;
(b)
(b) in paragraph 31 for the words “or the Macfarlane (Special Payments) (No. 2) Trust” there shall be substituted the words “, the Macfarlane (Special Payments) (No. 2) Trust or the Fund”.
Amendment of the Family Credit Regulations
4.—(1) The Family Credit Regulations shall be amended in accordance with the following paragraphs of this regulation.
(2) In regulation 2(1) (interpretation)—
(a)
(a) after the definition of “policy of life insurance” there shall be inserted the following definition—
““qualifying person” means a person in respect of whom payment has been made from the Fund;”;
(b)
(b) after the definition of “student” there shall be inserted the following...
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