Income Support (General) Regulations 1987

Publication Date:January 01, 1987

1987No. 1967

SOCIAL SECURITY

The Income Support (General) Regulations 1987

Made

20thNovember1987

Coming into Force

11thApril1988

ARRANGEMENT OF REGULATIONS

PART I

General

1. Citation and commencement

2. Interpretation

3. Definition of non-dependant

PART II

Conditions of Entitlement

4. Temporary absence from Great Britain

5. Persons treated as engaged in remunerative work

6. Persons not to be treated as engaged in remunerative work

7. Meaning of employment

8. Persons not required to be available for employment

9. Persons treated as available for employment

10. Persons treated as not available for employment

11. Registration for employment

12. Relevant education

13. Circumstances in which persons in relevant education are to be entitled to income support

PART III

Membership of a family

14. Persons of a prescribed description

15. Circumstances in which a person is to be treated as responsible or not responsible for another

16. Circumstances in which a person is to be treated as being or not being a member of the same household

PART IV

Applicable amounts

17. Applicable amounts

18. Polygamous marriages

19. Persons in residential care or nursing homes

20. Persons in board and lodging accommodation and hostels

21. Special cases

22. Reductions in applicable amounts in cases of voluntary unemployment

PART V

Income and capital

CHAPTER I: GENERAL

23. Calculation of income and capital of members of claimant's family and of a polygamous marriage

24. Treatment of charitable or voluntary payments

25. Liable relative payments

26. Calculation of income and capital of students

27. Disregard of fractions

CHAPTER II: INCOME

28. Calculation of income

29. Calculation of earnings derived from employed earners employment and income other than earnings

30. Calculation of earnings of self-employed earners

31. Date on which income is treated as paid

32. Calculation of weekly amount of income

33. Weekly amount of charitable or voluntary payment

34. Incomplete weeks of benefit

CHAPTER III: EMPLOYED EARNERS

35. Earnings of employed earners

36. Calculation of net earnings of employed earners

CHAPTER IV: SELF-EMPLOYED EARNERS

37. Earnings of self-employed earners

38. Calculation of net profit of self-employed earners

39. Deduction of tax and contributions for self-employed earners

CHAPTER V: OTHER INCOME

40. Calculation of income other than earnings

41. Capital treated as income

42. Notional income

43. Notional earnings of seasonal workers

44. Modifications in respect of children and young persons

CHAPTER VI: CAPITAL

45. Capital limit

46. Calculation of capital

47. Disregard of capital of child or young person

48. Income treated as capital

49. Calculation of capital in the United Kingdom

50. Calculation of capital outside the United Kingdom

51. Notional capital

52. Capital jointly held

53. Calculation of tariff income from capital

CHAPTER VII: LIABLE RELATIVES

54. Interpretation

55. Treatment of liable relative payments

56. Period over which periodical payments are to be taken into account

57. Period over which payments other than periodical payments are to be taken into account

58. Calculation of the weekly amount of a liable relative payment

59. Date on which a liable relative payment is to be treated as paid

60. Liable relative payments to be treated as capital

CHAPTER VIII: STUDENTS

61. Interpretation

62. Calculation of grant income

63. Calculation of covenant income where a contribution is assessed

64. Covenant income where no grant income or no contribution is assessed

65. Relationship with amounts to be disregarded under Schedule 9

66. Other amounts to be disregarded

67. Disregard of contribution

68. Income treated as capital

69. Disregard of changes occurring during summer vacation

PART VI

Applicable amounts and assessment of income and capital in urgent cases

70. Urgent cases

71. Applicable amounts in urgent cases

72. Assessment of income and capital in urgent cases

SCHEDULES

1. Persons not required to be available for employment

2. Applicable amounts

3. Amounts in respect of housing costs

4. Applicable amounts of persons in residential care or nursing homes

5. Applicable amounts of persons in board and lodging accommodation

6. Board and lodging areas

7. Applicable amounts in special cases

8. Sums to be disregarded in the calculation of earnings

9. Sums to be disregarded in the calculation of income other than earnings

10. Capital to be disregarded

Whereas a draft of this instrument was laid before Parliament in accordance with section 83(3) of the Social Security Act 1986 and approved by resolution of each House of Parliament:

Now, therefore, the Secretary of State for Social Services, in exercise of the powers conferred by sections 20(1), (3)(d), (4), (9), (11) and (12), 22(1), (2), (4) and (5) to (9), 23(1), (3) and (5), 51(1)(n) and 84(1) of the Social Security Act 1986( a) and sections 114 166(1) to (3A) of the Social Security Act 1975( b) and of all other powers enabling him in that behalf by this instrument, which is made before the end of a period of 12 months from the commencement of the enactments under which it is made, hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Income Support (General) Regulations 1987 and shall come into force on 11th April 1988.Interpretation

2.-(1) In these Regulations, unless the context otherwise requires-

"the Act" means the Social Security Act 1986;

"attendance allowance" means-

(a) an attendance allowance under section 35 of the Social Security Act( c);

(a) 1986 c.50; section 84(1) is an interpretation provision and is cited because of the meanings assigned to the words "prescribed" and "regulations".

(b) 1975 c.14; section 114 is applied by section 52(3)(b) of the Social Security Act 1986 (c.50); section 166(3A) is inserted by section 62 of that Act and section 166(1) to (3A) is applied by section 83(1) of that Act.

(c) Section 35 was amended by the National Health Service Act 1977 (c.49), Schedule 15, paragraph 63, by the Social Security Act 1979 (c.18) section 2 and by the Social Security Act 1980 (c.30), Schedule 1 Part II, paragraph 8.

(b) an increase of disablement pension under section 61 or 63 of that Act( a);(c) a payment under regulations made in exercise of the power conferred by section 159(3)(b) of that Act;(d) an increase of an allowance which is payable in respect of constant attendance under section 5 of the Industrial Injuries and Diseases (Old Cases) Act 1975( b);(e) a payment by virtue of article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 1983( c) or any analogous payment; or(f) any payment based on need for attendance which is paid as part of a war disablement pension;

"benefit week" has the meaning prescribed in paragraph 4 of Schedule 7 to the Social Security (Claims and Payments) Regulations 1987 ( d);

"claimant" means a person claiming income support;

"close relative" means a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, sister, or the spouse of any of the preceding persons or, if that person is one of an unmarried couple, the other member of that couple;

"concessionary payment" means a payment made under arrangements made by the Secretary of State with the consent of the Treasury which is charged either to the National Insurance Fund or to a Departmental Expenditure Vote to which payments of benefit under the Act, the Social Security Act or the Child Benefit Act 1975( e) are charged;

"co-ownership scheme" means a scheme under which a dwelling is let by a housing association and the tenant, or his personal representative, will, under the terms of the tenancy agreement or of the agreement under which he became a member of the association, be entitled, on his ceasing to be a member and subject to any condition stated in either agreement, to a sum calculated by reference directly or indirectly to the value of the dwelling;

"couple" means a married or an unmarried couple;

"course of study" means any full-time course of study or sandwich course whether or not a grant is made for attending it;

"Crown tenant" means a person who occupies a dwelling under a tenancy or licence where the interest of the landlord belongs to Her Majesty in right of the Crown or to a government department or is held in trust for Her Majesty for the purposes of a government department, except (in the case of an interest belonging to Her Majesty in right of the Crown) where the interest is under the management of the Crown Estate Commissioners;

"dwelling occupied as the home" means the dwelling together with any garage, garden and outbuildings, normally occupied by the claimant as his home including any premises not so occupied which it is impracticable or unreasonable to sell separately, in particular, in Scotland, any croft land on which the dwelling is situated.

"earnings" has the meaning prescribed in regulation 35 or, as the case may be, 37;

"employed earner" shall be construed in accordance with section 2(1)(a) of the Social Security Act;

"housing association" has the meaning assigned to it by section 1(1) of the Housing Associations Act 1985( f);

"housing benefit expenditure" means expenditure of a kind for which housing benefit may be granted;

(a) Subsections (3) and (4) of section 61 were added by the Social Security Act 1986 (c.50), section 39 and Schedule 3, paragraph 6.

(b) 1975 c.16.

(c) S.I. 1983/686; the relevant amending instruments are S.I 1983/1164 and 1984/1675.

(d) S.I. 1987/1968.

(e) 1975 c. 61.

(f) 1985 c. 69.

"invalid carriage or other vehicle" means a vehicle propelled by petrol engine or by electric power supplied for use on the road and to be controlled by the occupant;

"liable relative" has the meaning prescribed in regulation 54;

"lone parent" means a person who has no partner and who is responsible for, and a member of the same household as, a child or young person;

"long tenancy"...

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