The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 3) Regulations 1992

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Income-related Benefits Schemes (Miscellaneous Amendments) (No. 3) Regulations 1992 and shall come into force on 5th October 1992.

(2) Regulations 12 to 21 of 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 the date specified in paragraph (1) which applies in his case; and for this purpose the expressions “claimant” and “benefit week” have the same meanings as in the Income Support Regulations.

(3) In these Regulations—

“the Disability Working Allowance Regulations” means the Disability Working Allowance (General) Regulations 1991(1);

“the Family Credit Regulations” means the Family Credit (General) Regulations 1987(2);

“the Income Support Regulations” means the Income Support (General) Regula-tions 1987(3).

Amendment of regulation 2 of the Disability Working Allowance Regulations

2.  In regulation 2(1) of the Disability Working Allowance Regulations (interpretation)—

(a)after the definition of “lone parent” there shall be inserted the following definition—

• ““lower rate” where it relates to rates of tax has the same meaning as in the Income and Corporation Taxes Act 1988(4) by virtue of section 832(1) of that Act;”

(b)after the definition of “the Macfarlane Trust” there shall be inserted the following definition—

• ““training allowance” means an allowance (whether by way of periodical grants or otherwise) payable—

  (a)

  out of public funds by a Government department or by or on behalf of the Secretary of State, Scottish Enterprise or Highlands and Islands Enterprise;

  (b)

  to a person for his maintenance or in respect of a member of his family; and

  (c)

  for the period, or part of the period, during which he is following a course of training or instruction provided by, or in pursuance of arrangements made with, that department or approved by that department in relation to him or so provided or approved by or on behalf of the Secretary of State, Scottish Enterprise or Highlands and Islands Enterprise,

  but it does not include an allowance paid by any Government department to or in respect of a person by reason of the fact that he is following a course of full-time education, other than an allowance paid pursuant to arrangements made under section 2 of the Employment and Training Act 1973(5), or that he is training as a teacher;”

Schedule of amendments relating to Disability Working Allowance

3.  The Schedule to these Regulations, which contains minor and miscellaneous amendments to the Disability Working Allowance Regulations, shall have effect.

Amendment of regulation 2 of the Family Credit Regulations

4.  In regulation 2(1) of the Family Credit Regulations (interpretation) after the definition of “employed earner” there shall be inserted the following definition—

• ““lower rate” where it relates to rates of tax has the same meaning as in the Income and Corporation Taxes Act 1988(4) by virtue of section 832(1) of that Act;”

Amendment of regulation 15 of the Family Credit Regulations

5.  In paragraph (2) of regulation 15 of the Family Credit Regulations (normal weekly earnings of self-employed earners)(6) the words “or by reference” to the end of the paragraph shall be omitted.

Amendment of regulation 20 of the Family Credit Regulations

6.  In regulation 20(4)(a) of the Family Credit Regulations (calculation of net earnings of employed earners)—

(a)for the words “the basic rate of tax” there shall be substituted the words “the lower rate or, as the case may be, the lower rate and the basic rate of tax”;

(b)after the words “less than a year,” there shall be inserted the words “the earnings to which the lower rate and, if appropriate, the basic rate of tax is to be applied and”.

Amendment of regulation 20A of the Family Credit Regulations

7.  In regulation 20A of the Family Credit Regulations (calculation of bonus or commission)(7)—

(a)for the words “dividing that sum by 52, less —”, there shall be substituted the words “deducting from it —”;

(b)in paragraph (c) for the word “scheme.” there shall be substituted the word “scheme;”; and

(c)at the end of the regulation there shall be added the words “and dividing the resulting sum by 52.”.

Amendment of regulation 23 of the Family Credit Regulations

8.  In regulation 23(1) of the Family Credit Regulations (deduction of tax and contributions for self-employed earners)(8) —

(a)for the words “the basic rate of tax” there shall be substituted the words “the lower rate or, as the case may be, the lower rate and the basic rate of tax”;

(b)after the words “less than a year,” there shall be inserted the words “the earnings to which the lower rate and, if appropriate, the basic rate of tax is to be applied and”.

Amendment of regulation 26 of the Family Credit Regulations

9.  In regulation 26(6)(a) of the Family Credit Regulations (notional income)—

(a)for the words “the basic rate of tax” there shall be substituted the words “the lower rate or, as the case may be, the lower rate and the basic rate of tax”;

(b)after the words “less than a year,” there shall be inserted the words “the earnings to which the lower rate and, if appropriate, the basic rate of tax is to be applied and”.

Amendment of regulation 37 of the Family Credit Regulations

10.  In regulation 37 of the Family Credit Regulations (interpretation)(9) in the definition of “a course of advanced education”—

(a)in paragraph (a) for the words “a higher national diploma of the Business & Technician Education Council” there shall be substituted the words “a higher national diploma or higher national certificate of either the Business & Technician Education Council”;

(b)in paragraph (b)—

(i)for the words “a national diploma of the Business & Technician Education Council or a national certificate of the Scottish Vocational Education Council” there shall be substituted the words “a national diploma or national certificate of either the Business & Technician Education Council or the Scottish Vocational Education Council”;

(ii)for the words “(higher grade)” there shall be substituted the words “(higher level)”.

Amendment of regulation 47 of the Family Credit Regulations

11.  In regulation 47 of the Family Credit Regulations (applicable amount)(10) for the words preceding the words “for the purposes of section 20(5)(a) of the Act” there shall be substituted the words—

“Applicable amount

47.—(1) The applicable amount”.

Amendment of regulation 2 of the Income Support Regulations

12.  In regulation 2(1) of the Income Support Regulations (interpretation) after the definition of “long tenancy” there shall be inserted the following definition—

• ““lower rate” where it relates to rates of tax has the same meaning as in the Income and Corporation Taxes Act 1988(11) by virtue of section 832(1) of that Act;”

Amendment of regulation 6 of the Income Support Regulations

13.  In regulation 6 of the Income Support Regulations (persons not treated as engaged in remunerative work)(12) —

(a)in paragraph (h) the word “or” shall be deleted;

(b)in paragraph (j) for the words “1989” there shall be substituted the words “1989; or”;

(c)after paragraph (j) there shall be added the following paragraph—

“(k)he is engaged in caring for a person who is accommodated with him by virtue of arrangements made under any of the provisions referred to in paragraph 26 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) and is in receipt of any payment specified in that paragraph.”.

Amendment of regulation 12 of the Income Support Regulations

14.  In regulation 12(2) of the Income Support Regulations (relevant education)(13) —

(a)in sub-paragraph (a) for the words “a higher national diploma of the Business & Technician Education Council” there shall be substituted the words “a higher national diploma or higher national certificate of either the Business & Technician Education Council”;

(b)in sub-paragraph (b)—

(i)for the words “a national diploma of the Business & Technician Education Council or a national certificate of the Scottish Vocational Education Council” there shall be substituted the words “a national diploma or national certificate of either the Business & Technician Education Council or the Scottish Vocational Education Council”;

(ii)for the words “(higher grade)” there shall be substituted the words “(higher level)”.

Amendment of regulation 21 of the Income Support Regulations

15.—(1) Regulation 21 of the Income Support Regulations (special cases)(14) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (3) in the definition of “residential accommodation”, for the words “paragraphs (3A) and (4)” there shall be substituted the words “paragraphs (3A), (4) and (4A)”;

(3) After paragraph (4) there shall be added the following paragraph—

“(4A) In paragraph (3), sub-paragraph (d)(i) in the definition of “residential accommodation” shall apply only to accommodation—

(a)where no cooked or prepared food is made available to the claimant in consequence solely of his paying the charge for the accommodation or any other charge which he is required to pay as a condition of occupying the accommodation, or both of those charges, or

(b)where such food is actually made available for his consumption on payment of a further charge or charges.”.

Amendment of regulation 37 of the Income Support Regulations

16.  In regulation 37 of the Income Support Regulations (earnings of self-employed earners)(15) for paragraph (2) there shall be substituted the following paragraph—

“(2) “Earnings” shall not include—

(a)where a claimant is involved in providing board and lodging accommoda-tion for which a charge is payable, any payment by way of such a charge;

(b)any payment to which paragraph 26 of Schedule 9 refers (payments in respect of a person accommodated with the claimant under arrangements made by a local authority or voluntary organisation).”.

Amendment of regulation 39 of the Income Support Regulations

17.  In regulation 39(1) of the Income Support Regulations (deduction of tax and contributions for self-employed earners)—

(a)for the words “the basic rate of tax” there shall be substituted the words “the lower rate or, as the case may be, the lower rate and the basic rate of tax”;

(b)after the words “less than a year,” there shall be inserted the words “the earnings to which the lower rate and, if appropriate, the basic rate of tax is to be applied and”.

Amendment of regulation 42 of the Income Support Regulations

18.  In regulation 42(8)(a) of the Income Support Regulations (notional income)—

(a)for the words “the basic rate of tax” there shall be substituted the words “the lower rate or, as the case may be, the lower rate and the basic rate of tax”;

(b)after the words “less than a year,” there shall be inserted the words “the earnings to which the lower rate and, if appropriate, the basic rate of tax is to be applied and”.

Amendment of regulation 61 of the Income Support Regulations

19.  In regulation 61 of the Income Support Regulations (interpretation)(16), in the definition of “a course of advanced education”—

(a)in paragraph (a) for the words “a higher national diploma of the Business & Technician Education Council” there shall be substituted the words “a higher national diploma or higher national certificate of either the Business & Technician Education Council”;

(b)in paragraph (b)—

(i)for the words “a national diploma of the Business & Technician Education Council or a national certificate of the Scottish Vocational Education Council” there shall be substituted the words “a national diploma or national certificate of either the Business & Technician Education Council or the Scottish Vocational Education Council”;

(ii)for the words “(higher grade)” there shall be substituted the words “(higher level)”.

Amendment of regulation 62 of the Income Support Regulations

20.  In regulation 62 of the Income Support Regulations (calculation of grant income)(17) in paragraph (1) for the words “paragraph (2)” there shall be substituted the words “paragraphs (2) and (2A)”.

Amendment of Schedule 3 to the Income Support Regulations

21.  In paragraph 11(8) of Schedule 3 to the Income Support Regulations (non-dependant deductions)(18) for the words “any attendance allowance or disability living allowance received by him” there shall be substituted the words—

“(a)any attendance allowance or disability living allowance received by him;

(b)any payment made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust, the Fund or the Independent Living Fund which had his income fallen to be calculated under regulation 40 (calculation of income other than earnings)(19) would have been disregarded under paragraph 21 of Schedule 9 (income in kind); and

(c)any payment which had his income fallen to be calculated under regulation 40 would have been disregarded under paragraph 39 of Schedule 9 (payments made under certain trusts and certain other payments)(20).”.