The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1996

law://uk/uksi/1996/462@2026-11-12

Contents

1Citation, commencement and interpretation#

(1)These Regulations may be cited as the Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1996 and this regulation shall come into force on 1st April 1996.

(2)In so far as these Regulations amend provisions relating to income support they shall come into force on 8th April 1996 and, in relation to any particular claimant for that benefit, shall have effect from the beginning of the first benefit week to commence for that claimant on or after that date.

(3)In paragraph (2) above, the expressions “claimant" and “benefit week" have the same meaning as in the Income Support Regulations.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In so far as these Regulations amend provisions relating to family credit or disability working allowance, they shall come into force on 9th April 1996 and, in relation to any particular claimant for either of those benefits, they shall have effect —

(a)where a claimant has an award of family credit or disability working allowance which is current on 9th April 1996, on the day following the expiration of that award; or

(b)in any other case, on 9th April 1996.

(6)In these Regulations—

2Income support: Preserved rights#

In regulation 19 of the Income Support Regulations (applicable amounts for persons in residential care and nursing homes) after paragraph (1ZQ) ^note there is inserted —“1ZR A person who acquired a preserved right under paragraph (1ZB) or (1ZC) ^note shall cease to have that right if —a he resides in a home which falls within sub-paragraph (c) of the definition of “residential care home" in paragraph (3) (homes run by the Abbeyfield Society) and which is not registered or deemed to be registered under any of the enactments referred to in sub-paragraph (a) or (e) of that definition;b he requires personal care, including assistance with bodily functions, and that residential care home does not provide such care; andc he, or a person on his behalf, contracts with another person or body to provide that care,but that preserved right shall revive if any of the conditions specified in sub-paragraphs (a) to (c) above ceases to apply and that person would, but for this provision, have retained that right.”

3Housing benefit and council tax benefit: Severe disability premium#

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4Housing benefit and council tax benefit: Disregard of family credit and disability working allowance#

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5Housing benefit and council tax benefit: Backdated claims#

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6Housing benefit: Exempt accommodation#

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7Family credit: Normal weekly income of employed earners#

In regulation 14(2) of the Family Credit Regulations (normal weekly earnings of employed earners) for sub-paragraph (aa) ^note there is substituted—“aa a fortnight—i except where head (ii) applies, a period of three consecutive fortnights immediately preceding the week of claim; orii where the adjudication officer has insufficient information for the claimant’s normal weekly earnings to be determined in accordance with head (i), a period of three consecutive fortnights ending with the fortnight before the week immediately preceding the week of claim;”

8Income-related benefits: Disregard of charitable or voluntary payments#

In the following provisions (which provide for certain charitable or voluntary payments to be disregarded in the calculation of income other than earnings, the amount of such payments to be disregarded and special arrangements where the claimant has other income, apart from such payments, to be disregarded) for “£10" there is substituted “£20"—

(a)regulation 65 ^note of, and paragraphs 15(1) ^note and 36 ^note of Schedule 9 to, the Income Support Regulations;

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)regulation 45 of, and paragraphs 12(1) and 29 of Schedule 3 to, the Disability Working Allowance Regulations;

(e)regulation 41 ^note of, and paragraphs 13(1) ^note and 29 ^note of Schedule 2 to, the Family Credit Regulations.

9Income-related benefits: Treatment of student loans#

(1)In each of the regulations specified in paragraph (2) below (which provide for student loans to be treated as income) for paragraph (3) there is substituted—“3 For the purposes of this regulation a student shall be treated as possessing the maximum amount of any loan referred to in paragraph (1) which he will be able to acquire in respect of an academic year by taking reasonable steps to do so.”

(2)The provisions referred to in paragraph (1) above are—

(a)regulation 66A ^note of the Income Support Regulations;

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)regulation 42A ^note of the Family Credit Regulations;

(e)regulation 47 of the Disability Working Allowance Regulations.

10Income-related benefits: Disregard of contribution to a student grant#

(1)In each of the provisions specified in paragraph (2) below, (disregard of contribution) for the words from “the income", where they first appear, to the end there is substituted—“, for the purposes of assessing a contribution to the student’s grant, the other partner’s income has been taken into account, an amount equal to that contribution shall be disregarded for the purposes of assessing that other partner’s income.”

(2)The provisions referred to in paragraph (1) above are—

(a)regulation 67 of the Income Support Regulations;

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)regulation 43 of the Family Credit Regulations;

(e)regulation 48 of the Disability Working Allowance Regulations.

11Income-related benefits: Disregard of payments to holders of the Victoria or George Cross#

(1)In Schedule 10 to the Income Support Regulations (capital to be disregarded) after paragraph 45 there is added the following paragraph—“46 Any payment to the claimant as holder of the Victoria Cross or George Cross.”

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In Schedule 3 to the Family Credit Regulations (capital to be disregarded) after paragraph 48 there is added the following paragraph—“49 Any payment to the claimant as holder of the Victoria Cross or George Cross.”

12Income support and housing benefit: Capital limits for persons in residential and other types of accommodation#

(1)In the Income Support Regulations—

(a)for regulation 45 ^note (capital limit for entitlement to income support) there is substituted—“45 For the purposes of section 134(1) of the Contributions and Benefits Act as it applies to income support (no entitlement to benefit if capital exceeds prescribed amount)—a except where paragraph (b) applies, the prescribed amount is £8,000;b where the circumstances prescribed in regulation 53(1B) apply in the claimant’s case, the prescribed amount is £16,000.”

(b)in regulation 53 (calculation of tariff income from capital) —

(i)in paragraph (1) ^note, at the beginning, there is inserted “Except where the circumstances prescribed in paragraph (1B) apply to the claimant,";

(ii)after paragraph (1), there is inserted—“1A Where the circumstances prescribed in paragraph (1B) apply to the claimant and that claimant’s capital calculated in accordance with this Part exceeds £10,000, it shall be treated as equivalent to a weekly income of £1 for each complete £250 in excess of £10,000 but not exceeding £16,000.1B For the purposes of paragraph (1A) and regulation 45, the prescribed circumstances are that the claimant lives permanently in—a a residential care or nursing home, or residential accommodation and that home or accommodation provides board and personal care for the claimant by reason of his old age, disablement, past or present dependence on alcohol or drugs or past or present mental disorder; orb an establishment run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society; orb accommodation provided under section 3 of, and Part II of the Schedule to, the Polish Resettlement Act 1947 ^note (provision of accommodation in camps) where the claimant requires personal care and is provided with it in the accommodation; and in this sub-paragraph, “personal care" means care which includes assistance with bodily functions where such assistance is required.1C For the purposes of paragraph (1B), a claimant shall be treated as living permanently in such home or accommodation where he is absent—a from a home or accommodation referred to in sub-paragraph (a) or (b) of paragraph (1B)—i in the case of a claimant referred to in regulation 19(2) or in the case of a person over pensionable age, for a period not exceeding 52 weeks, andii in any other case, for a period not exceeding 13 weeks;b from accommodation referred to in sub-paragraph (c) of paragraph (1B), where the claimant, with the agreement of the manager of the accommodation, intends to return to the accommodation in due course.”

(iii)in both paragraphs (2) and (3) ^note, for “paragraph (1)", there is substituted “paragraphs (1) and (lA)";

(iv)after paragraph (3) there is added—“(4) For the purposes of this regulation, the definition of “residential accommodation" in regulation 21(3) ^note (applicable amounts of income support in special cases) shall have effect as if, after the words “subject to the following provisions of this regulation", there were inserted “(except paragraphs (4) and (4A))".”

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Contains public sector information licensed under the Open Government Licence v3.0.

The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1996

The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1996

1Citation, commencement and interpretation#

2Income support: Preserved rights#

3Housing benefit and council tax benefit: Severe disability premium#

4Housing benefit and council tax benefit: Disregard of family credit and disability working allowance#

5Housing benefit and council tax benefit: Backdated claims#

6Housing benefit: Exempt accommodation#

7Family credit: Normal weekly income of employed earners#

8Income-related benefits: Disregard of charitable or voluntary payments#

9Income-related benefits: Treatment of student loans#

10Income-related benefits: Disregard of contribution to a student grant#

11Income-related benefits: Disregard of payments to holders of the Victoria or George Cross#

12Income support and housing benefit: Capital limits for persons in residential and other types of accommodation#

Defined terms · 1

History · 1 version

Connections

Key facts

1Citation, commencement and interpretation#

2Income support: Preserved rights#

3Housing benefit and council tax benefit: Severe disability premium#

4Housing benefit and council tax benefit: Disregard of family credit and disability working allowance#

5Housing benefit and council tax benefit: Backdated claims#

6Housing benefit: Exempt accommodation#

7Family credit: Normal weekly income of employed earners#

8Income-related benefits: Disregard of charitable or voluntary payments#

9Income-related benefits: Treatment of student loans#

10Income-related benefits: Disregard of contribution to a student grant#

11Income-related benefits: Disregard of payments to holders of the Victoria or George Cross#

12Income support and housing benefit: Capital limits for persons in residential and other types of accommodation#