(1)These Regulations may be cited as the Social Security (Income Support and Claims and Payments) Amendment Regulations 1995 and shall come into force on 2nd October 1995.
(2)These Regulations shall have effect in relation to any particular claimant at the beginning of the first benefit week to commence for that claimant on or after 2nd October 1995 which applies in his case; and for this purpose the expressions “claimant" and “benefit week" have the same meanings as in regulation 2(1) of the Income Support Regulations.
(3)In these Regulations, the “Income Support Regulations" means the Income Support (General) Regulations 1987 note.
The provisions of Schedules 9 and 9A to the Social Security (Claims and Payments) Regulations 1987 note (which relate to direct payments) shall be amended in accordance with the provisions of Schedule 2 to these Regulations.
The provisions of Schedule 9 to the Income Support Regulations (which specifies sums to be disregarded in the calculation of income other than earnings) shall be amended in accordance with the provisions of Schedule 3 to these Regulations.
(1)The Regulations specified in column (2) of Schedule 4 to these Regulations are revoked to the extent specified in column (3) of that Schedule.
(2)The revocation by paragraph (1) above and Schedule 4 to these Regulations of any provision previously amended or substituted but subject to a saving for existing beneficiaries does not affect the continued operation of those savings.
(1)The provisions of Schedule 9 to the Social Security (Claims and Payments) Regulations 1987 note shall be amended in accordance with paragraphs 2 and 3 below.
(2)In paragraph 1 (interpretation)—
(a)for the definition of “housing costs." there shall be substituted the following definition—““housing costs" means any housing costs met under Schedule 3 to the Income Support Regulations but—i excludes costs under paragraph 17(1)(f) of that Schedule (tents and tent sites): andii includes costs under paragraphs 17(1)(a) (ground rent and feu duty) and 17(1)(c) (rentcharges) of that Schedule only when paid with costs under paragraph 17(1)(b) of that Schedule (service charges);”
(b)for the definition of “mortgage payment", there shall be substituted the following definition—““mortgage payment" means the aggregate of any payments which fall to be met under Schedule 3 to the Income Support Regulations in accordance with paragraphs 6 to 10 of that Schedule (housing costs to be met in income support) on a loan which qualifies under paragraph 15 or 16 of that Schedule, but less any amount deducted under paragraph 18 of that Schedule (non-dependant deductions);”
(3)In paragraph 3(2A) note, for the words “paragraph 10 or paragraph 11" there shall be substituted the words “paragraph 18", and for the words “paragraph 10 or, as the case may be, paragraph 11" there shall be substituted the words “paragraph 4(8) or (11) or paragraph 18".
(4)In a case where, on 1st October 1995, a claimant’s housing costs were limited to 50 per cent.of the eligible interest in accordance with paragraph 7(1)(b)(ii) of Schedule 3 to the Income Support Regulations as then in force, then for so long as that paragraph would have continued to apply to him had it remained in force, the provisions of Schedule 9 shall apply to him as if the amendments made to it by paragraphs 2 and 3 above had not been made.
(5)The provisions of Schedule 9A to the Social Security (Claims and Payments) Regulations 1987 note shall be amended in accordance with paragraphs 6 to 9 below.
(6)For paragraph 2 (specified circumstances) there shall be substituted the following paragraph—“2 The circumstances referred to in regulation 34A are that—a the amount to be met under Schedule 3 to the Income Support Regulations is determined by reference to the standard rate (whether at the full rate or a lesser rate) and to any amount payable in accordance with paragraph 7 of that Schedule (transitional protection); andb the relevant benefits to which a relevant beneficiary is entitled are payable in respect of a period of 7 days or a multiple of such a period.”
(7)In paragraph 3 (specified part of relevant benefit)—
(a)for sub-paragraphs (1) and (2) there shall be substituted the following sub-paragraph—“1 Subject to the following provisions of this paragraph, the part of any relevant benefits which, as determined by the adjudicating authority in accordance with regulation 34A, shall be paid by the Secretary of State directly to the qualifying lender (“the specified part") is a sum equal to the amount of mortgage interest to be met in accordance with paragraphs 6 and 8 to 10 of Schedule 3 to the Income Support Regulations (housing costs) together with an amount (if any) determined under paragraph 7 of that Schedule (transitional protection).”
(b)in sub-paragraph (3)—
(i)in head (b) for the words “paragraph 10 or paragraph 11" there shall be substituted the words “paragraph 4(8) or (11) or paragraph 18"; and
(ii)for the words following the formula “
(c)in sub-paragraph (5) for the words “Subject to sub-paragraphs (6), (7) and (8)" there shall be substituted the words “Subject to sub-paragraphs (6) and (8)"; and
(d)sub-paragraph (7) shall be omitted.
(8)In paragraph 4 (direct payment: more than one loan), for sub-paragraph (2) there shall be substituted the following sub-paragraph—“2 Subject to the following provisions of this paragraph, the Secretary of State shall pay to the qualifying lender or, if there is more than one qualifying lender, to each qualifying lender—a a sum equal to the mortgage interest determined by reference to paragraph 12 of Schedule 3 to the Income Support Regulations (standard rate) in respect of each loan made by that lender; plusb any amount payable in accordance with paragraph 7 of Schedule 3 to the Income Support Regulations (transitional protection) attributable to the particular loan; plusc any additional amount attributable to a particular loan which may, under paragraph 3(5), have been taken into account in calculating the specified part.”
(9)In paragraph 11, in sub-paragraph (2)(a)(i), after the words “interest has been reduced", there shall be inserted the words “or the rate specified in paragraph 12 of Schedule 3 to the Income Support Regulations (standard rate) has been reduced".