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The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013

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Amendments to the Income Support (General) Regulations 1987

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4.—(1) The Income Support (General) Regulations 1987(1) are amended as follows.

(2) In regulation 2(1) (interpretation) in the definition of “enactment” after “Parliament” insert “or the National Assembly for Wales”.

(3) In regulation 4ZA (prescribed categories of person) omit paragraph (3)(a) and the “or” immediately following it.

(4) In regulation 13 (circumstances in which persons in relevant education are entitled to income support) omit paragraph (2)(bc) and the “or” immediately following it.

(5) In regulation 21AA(4) (special cases: supplemental – persons from abroad)—

(a)for sub-paragraph (h) substitute—

“(h)a person who has been granted leave or who is deemed to have been granted leave outside the rules made under section 3(2) of the Immigration Act 1971(2) where that leave is—

(i)discretionary leave to enter or remain in the United Kingdom;

(ii)leave to remain under the Destitution Domestic Violence concession(3); or

(iii)leave deemed to have been granted by virtue of regulation 3 of the Displaced Persons (Temporary Protection) Regulations 2005(4);”;

(b)at the end of sub-paragraph (hh) add “or”; and

(c)omit sub-paragraphs (j) and (k).

(6) Omit regulation 22B (period for which applicable amount is to be calculated where person is not excluded from income support under section 115 of the Immigration and Asylum Act 1999).

(7) In paragraph 7(1) of Schedule 8 (sums to be disregarded in the calculation of earnings)—

(a)omit paragraph (a);

(b)omit paragraph (aa);

(c)omit paragraph (ab); and

(d)before paragraph (b) insert—

“(a)a part-time fire-fighter employed by a fire and rescue authority under the Fire and Rescue Services Act 2004 or by the Scottish Fire and Rescue Service established under section 1A of the Fire (Scotland) Act 2005;”.

(1)

S.I. 1987/1967; relevant amending instruments are S.I. 1996/1516 and 1517, 2000/1978, 2004/3168, 2005/2060 and 2929, 2006/1026 and 2528, 20071749 and 2618, 2008/1554, 2009/362, 583, 2655 and 3228, 2010/1907, 2011/674 and 2862 and 2012/780. Paragraph 7 of Schedule 8 to the Regulations is also modified by S.I. 2013/602.

(3)

The Destitution Domestic Violence concession is published by the Home Office at: http://www.ukba.homeoffice.gov.uk/.

(4)

S.I. 2005/1379, amended by S.I. 2013/630; there are other amending instruments but none is relevant.

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