Regulation 6
1. A claimant’s resources shall be calculated in terms of income and capital and shall be calculated as follows—
(a)income shall be calculated on a weekly basis according to the method of calculating or estimating income under section 22(8) of the Social Security Act 1986 as prescribed by the provisions of Part V of, and Schedules 8 and 9 to, the Income Support (General) Regulations 1987(1) subject to the modifications referred to in paragraph 2;
(b)capital shall be calculated according to the method of calculating or estimating capital under section 22(7), (8) and (9) of the Social Security Act 1986 as prescribed by the provisions of Chapter VI in Part V of, and Schedule 10 to, the Income Support (General) Regulations 1987 subject to the modifications referred to in paragraph 2.
2. The provisions of the Income Support (General) Regulations 1987 shall be applied as follows—
(a)as respects the provisions specified in column 1 of Table A in this Schedule, in accordance with the modifications specified in the corresponding entries in column 2;
(b)as if—
(i)references to income support were to the remission of any relevant charges and the payment of any relevant travelling expenses,
(ii)references to an adjudication officer were to the Secretary of State, and
(iii)references in any of those provisions to any other of those provisions were to that other provision as modified in accordance with this paragraph;
(c)according to the provisions of regulation 2 of those Regulations (interpretation) but as if there were inserted after the definition of “relative” the following definition—
““relevant date” means—
in the case of a claim made under regulation 7(1) of the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988, the date of claim;
in the case of a claim made under regulation 8(2) of those Regulations, the date when the claimant paid the relevant charge or travelling expenses;”.
| (1) | (2) |
|---|---|
| Regulation or Schedule | Modification |
| regulation 23 | As if in paragraph (1) for “section 22(5) of the Act” there were substituted “regulation 6(3) of the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988”. |
| regulation 24 | As if for the whole of regulation 24 (treatment of charitable or voluntary payments) there were substituted— “24. Any charitable or voluntary payment, other than one which is, or is due to be, made at regular intervals, or which is made under the Macfarlane Trust, shall be treated as capital.” |
| regulation 25 | As if for the whole of regulation 25 (liable relative payments) there were substituted— “25.—(1) Where a claimant’s income consists of any payments made by a person, whether under a court order or not, for the maintenance of himself or any member of his family, and those payments are made or due to be made at regular intervals, his normal weekly income shall be determined— (a)if before the relevant date those payments are made at regular intervals and in regular amounts, by reference to the normal weekly amount; (b)if they are not so made, by reference to the average of such payments received in the 13 weeks immediately preceding the week which includes the relevant date. (2) Any maintenance payment other than one to which paragraph (1) of this regulation applies shall be treated as capital.” |
| regulation 28 | As if in paragraph (1) the words from “For the purposes” to “income support)” were omitted; in paragraph (1)(a) for “the weekly amount of his income” there were substituted “the normal weekly amount of his income at the relevant date”; and for “and 41 to 43” there were substituted “, 41 and 42”. |
| regulation 29 | As if this regulation were omitted. |
| regulation 30 | As if in paragraph (1) the words “Except where paragraph (2) applies” were omitted; and paragraph (2) were omitted. |
| regulation 31 | As if this regulation were omitted. |
| regulation 32 | As if in paragraph (1) for the words from “regulation 29” to “paragraphs (2) to (5),” there were substituted “regulation 28 (calculation of income)”; and paragraphs (2) to (6) were omitted. |
| regulation 33 | As if this regulation were omitted. |
| regulation 35 | As if in paragraph 1(d) the words after “employment” were omitted. |
| regulation 36 | As if in paragraph (1) for “regulation 29 (calculation of earnings of employed earners)” there were substituted “regulation 28 (calculation of income)”. |
| regulation 37 | As if in paragraph (2) the words after “such a charge” were omitted. |
| regulation 40 | As if in paragraph (1) for “regulation 29 (calculation of income other than earnings)” there were substituted “regulation 28 (calculation of income)”. |
| regulation 41 | As if in paragraph (1) for the words from “on the first day” to “subsequent review” there were substituted “at the relevant date”; and paragraph (3) were omitted. |
| regulation 42 | As if in paragraph (4) the words from “and in the case” to “(trade disputes) applies” were omitted. |
| regulation 43 | As if this regulation were omitted. |
| regulation 44 | As if in paragraph (1) for the words from “on the first day” to “subsequent review” there were substituted “at the relevant date”; and paragraphs (2), (3) and (8) were omitted. |
| regulation 45 | As if this regulation were omitted. |
| regulation 46 | As if in paragraph (1) the words from “For the purposes” to “income support” were omitted. |
| regulation 48 | As if in paragraph (2) the words from “Except” to “applies” were omitted; and paragraph (6) were omitted. |
| regulation 49 | As if in sub-paragraph (b)(i) for the words from “first day” to “subsequent review” there were substituted “relevant date”. |
| regulation 53 | As if in paragraph (3) the reference to regulation 60 were a reference to regulation 25. |
| regulations 54 to 60 | As if these regulations were omitted. |
| Schedule 8 | As if paragraph 6 were omitted.As if there were inserted after paragraph 8 the following paragraph— “8A. In a case in which none of paragraphs 4 to 8 applies to the claimant and he is one of a married or unmarried couple and a member of that couple is engaged in employment, £10; but if this paragraph applies to a claimant it shall not apply to his partner except where, and to the extent that, the earnings of the claimant which are to be disregarded under this paragraph are less than £10.”. As if in paragraph 9 for “8” there were substituted “8A”. As if paragraphs 10 and 13 were omitted. |
| Schedule 9 | As if paragraph 12 were omitted. As if in paragraphs 15, 21 and 28 the exceptions relating to persons to whom section 23 of the Act (trade disputes) applies were omitted. As if paragraphs 30 and 37 were omitted. |
3. A claimant’s requirements shall be calculated as being the amount referred to in sub-paragraph (a), less any amount referred to in sub-paragraph (b), as follows—
(a)the applicable amounts which would apply to him, including those in respect of any other member of his family, in connection with a claim for income support as specified by the provisions of regulations 17 to 21 of, and Schedules 2, 3, 4, 5 and 7 to, the Income Support (General) Regulations 1987, but subject to the modifications referred to in paragraph 2(b) and (c), and paragraph 4;
(b)less any amount of housing benefit received by him or by any member of his family under the provisions of Part II of the Social Security Act 1986.
4. The provisions of the Income Support (General) Regulations 1987 specified in column 1 of Table B in this Schedule shall be applied in accordance with the modifications specified in the corresponding entries in column 2.
| (1) | (2) |
|---|---|
| Regulation or Schedule | Modification |
| regulation 17 | As if for the words from “18 to 22” to “urgent cases)” there were substituted “18 to 21”. |
| regulation 18 | As if for the words from “19 to 22” to “urgent cases)” there were substituted “19 to 21”. |
| regulations 19 to 21 | As if in paragraph (1) in these regulations the references to regulation 22 were omitted. |
| Schedule 3 | As if in paragraph 1 after sub-paragraph (h) there were added— “(i)mortgage capital payments; (j)payments in respect of an endowment policy in connection with the purchase of the dwelling occupied as the home; (k)payments by way of rent which do not otherwise fall within sub-paragraph (c) or (e) of this paragraph; (l)80 per cent of the general rates payable in respect of the dwelling occupied as the home.”. As if paragraphs 7, 8 and 10 were omitted. |
| Schedule 4 | As if in paragraph 1(1)(a) the words from “but, except” to “paragraph 5” were omitted. As if paragraphs 4 to 12 were omitted. |
| Schedule 5 | As if in paragraph 1(1)(a) the words from “but, except” to “paragraph 5” were omitted. As if paragraphs 4 to 10 were omitted. |
| Schedule 7 | As if paragraphs 7 and 17 were omitted. |
S.I. 1987/1967; the relevant amending instrument is S.I. 1988/.