Income Support (General) Amendment No. 2 Regulations 1989
| Jurisdiction | UK Non-devolved |
| Citation | SI 1989/1323 |
| Year | 1989 |
1989No. 1323
SOCIAL SECURITY
The Income Support (General) Amendment No. 2
Regulations 1989
28thJuly1989
regulations 1, 2 and 5(a)(iii)regulations 1, 2 and 5(a)(iii)
21stAugust1989
regulations 3, 4, 5(a)(i) and (ii), (b) and (c)and 6 to 18regulations 3, 4, 5(a)(i) and (ii), (b) and (c)and 6 to 18
9thOctober1989
Whereas a draft of this instrument was laid before Parliament in accordance with section 29(2) of the Social Security Act 1989 ( a)and approved by resolution of each House of Parliament.
Now, therefore, the Secretary of State for Social Security in exercise of the powers conferred by sections 20(3)(d) and (12)(c) and (d) and 22(1), (8) and (9) of the Social Security Act 1986 ( b) and sections 166(1) to (3) of the Social Security Act 1975 ( c) and of all other powers enabling him in that behalf, after agreement by the Social Security Advisory Committee that the proposals to make these Regulations, in so far as they are required to be referred to it, should not be so referred, hereby makes the following Regulations:
Citation, commencement and interpretation
1. - (1) These Regulations may be cited as the Income Support (General) Amendment No. 2 Regulations 1989 and shall come into force as follows- (a) regulations 1, 2 and 5(a)(iii), on 21st August 1989; (b) regulations 3, 4, 5(a)(i) and (ii), (b) and (c) and 6 to 18, on 9th October 1989.
(2) In these Regulations "the General Regulations" means the Income Support (General) Regulations 1987 ( d).
Amendment of regulation 2 of the General Regulations
2. In regulation 2 of the General Regulations (interpretation), in paragraph (1), in the definition of "training allowance", after the words "full-time education" there shall be added the words", other than under arrangements made under section 2 of the Employment and Training Act 1973 ( e),".
Amendment of regulation 5 of the General Regulations
3. In regulation 5 of the General Regulations (persons treated as engaged in remunerative work), in paragraph (5), for the reference "regulation 35(1)(b) to (d)" there shall be substituted the reference "regulation 35(1)(b) to (d) and (i)".
Amendment of regulation 7 of the General Regulations
4. Regulation 7 of the General Regulations (meaning of employment) shall become regulation 7(1) and-
(a) after the words "Income Support)" there shall be inserted the words "in so far as it relates to the condition of availability for employment";
(b) at the end there shall be added the following paragraph-
"(2) For the purposes of section 20(3)(d) of the Act in so far as it relates to the condition of actively seeking employment, work which is treated as employment for the purposes of paragraph (1) and employment as a self-employed earner under any scheme for assisting claimants to become self-employed earners established under arrangements made pursuant to section 2 of the Employment and Training Act 1973 shall be treated as employment.".
Amendment of regulation 10 of the General Regulations
5. In regulation 10 of the General Regulations (circumstances in which claimants are not to be treated as available for employment)-
(a) in paragraph (1)-
(i) the word "suitable" shall be omitted where it occurs in sub-paragraphs (a) and (b);
(ii) in sub-paragraph (d) at the beginning there shall be inserted the words "subject to paragraphs (4) to (6),"; and the following heads shall be substituted for heads (ii) and (iii)-
"(ii) the restrictions are reasonable in view of his physical or mental condition; or
(iii) he has a usual occupation and those restrictions relate to it and are consistent with conditions which are usual in that occupation"
(iii) in sub-paragraph (h), for the reference "paragraph 1, 2,7 or 20" there shall be substituted the reference "paragraph 1, 2, 7, 11 or 20";
(b) in paragraph (3), sub-paragraph (a) shall be omitted;
(c) after paragraph (3) there shall be added the following paragraphs-
"(4) A determination that paragraph (1)(d) does not apply by reason of the circumstances prescribed in head (iii) of that paragraph shall have effect for a period not exceeding 13 weeks beginning-
(a) in a case where the claimant is not entitled to unemployment benefit and has not been entitled to that benefit for any day since he was last in remunerative work, on the first day for which the claimant makes a claim for income Support since the last day on which he was in remunerative work, or vocational training in his usual occupation, or incapable of work;
(b) in any other case, on the first day for which a claim for unemployment benefit is made since the claimant was last in remunerative work.
(5) In determining the length of the period for the purposes of paragraph (4) regard shall be had to-
(a) the claimant's usual occupation and any relevant skills and qualifications which he has acquired;
(b) the length of the periods during which he has undergone training relevant to his usual occupation;
(c) the length of the periods during which he has been employed in his usual occupation and the period since he was last so employed; and
(d) the availability and location of employment in his usual occupation.
(6) For the purposes of paragraph (1)(d), in...
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