The Social Security (Miscellaneous Provisions)Amendment Regulations 1990

Amendment of Schedule 7 to the Claims and Payments Regulations

15.  For paragraph 7 of Schedule 7 to the Claims and Payments Regulations (manner and time of payment etc. in income support cases) there shall be substituted the following paragraph.

“Date when change of circumstances is to take effect

7.—(1) Subject to the following sub-paragraphs where the amount of income support payable under an award is changed because of a change of circumstances that change of circumstances shall have effect—

(i)where income support is paid in arrears, from the first day of the benefit week in which the relevant change of circumstances occurs or is expected to occur; or

(ii)where income support is paid in advance, from the date of the relevant change of circumstances, or the day on which the relevant change of circumstances is expected to occur, if either of those days is the first day of the benefit week and otherwise from the next following such day, and

for the purposes of this paragraph any period of residence in temporary accommodation under arrangements for training made under section 2 of the Employment and Training Act 1973(1) for a period which is expected to last for seven days or less shall not be regarded as a change of circumstances.

(2) In the cases set out in sub-paragraph (3), the decision given on review shall have effect on the day on which the relevant change of circumstances occurs or is expected to occur.

(3) The cases referred to in sub-paragraph (2) are where—

(a)income support is paid in arrears and entitlement ends, or is expected to end, for a reason other than that the claimant no longer satisfies the provisions of section 20(3)(b) of the Social Security Act 1986(2);

(b)a child or young person referred to in regulation 16(6) of the Income Support Regulations (child in care of local authority or detained in custody) lives, or is expected to live, with the claimant for part only of the benefit week;

(c)a claimant or his partner (as defined in regulation 2(1) of the Income Support Regulations) enters, or is expected to enter, a nursing home or a residential care home (as defined in regulation 19(3) of those Regulations or residential accommodation (as defined in regulation 21(3)(a) to (d) of those Regulations) for a period of not more than 8 weeks;

(d)a person referred to in paragraphs 1, 2, 3 or 18 of Schedule 7 to the Income Support Regulations either—

(i)ceases, or is expected to cease, to be a patient, or

(ii)a member of his family ceases, or is expected to cease, to be a patient,

in either case for a period of less than a week;

(e)a person to whom section 23 of the Social Security Act 1986 (trade disputes) applies either—

(i)becomes incapable of work by reason of disease or bodily or mental disablement, or

(ii)enters the maternity period (as defined in section 23(2) of that Act) or the day is known on which that person is expected to enter the maternity period;

(f)during the currency of the claim, a claimant makes a claim for a relevant social security benefit—

(i)the result of which is that his benefit week changes; or

(ii)under regulation 13 and an award of that benefit on the relevant day for the purposes of that regulation means that his benefit week is expected to change.

(4) Where income is treated as paid on a particular day under regulation 31(1)(b) or (2) of the Income Support Regulations (date on which income is treated as paid) any relevant change of circumstances which occurs, or which is expected to occur, resulting from that payment shall have effect on the day on which it is treated as paid.

(5) Where the relevant change of circumstances requires, or is expected to require, a reduction in the amount of income support then, if the Secretary of State certifies that it will be impracticable to give effect to that reduction from the day prescribed in the preceding sub-paragraphs, except where (3)(f) or (4) apply, the change shall have effect either from the first day of the following benefit week or, where the relevant change of circumstances is expected to occur, from the first day of the benefit week following that in which that change of circumstances is expected to occur.

(6) Where, in the cases set out in sub-paragraphs (b), (c), (d), (e) and (f) of paragraph (3) the review has been carried out under section 104(1)(b) of the Social Security Act 1975(3) and the circumstances which have caused the award to be revised cease to apply and the award is reviewed and revised again that second change of circumstances shall take effect from the date of the second change.”.