
1 

(1) These Regulations may be cited as the Income-related Benefits and Jobseeker’s Allowance (Amendment) (No. 2)Regulations 1997 and, subject to paragraphs (2) to (4), shall come into force on 6th October 1997.
(2) In relation to a claimant for either income support or jobseeker’s allowance, these Regulations shall have effect from the first day of the first benefit week to commence for that claimant on or after 6th October 1997.
(3) In paragraph (2) above, the expression “benefit week” shall have the same meaning as in regulation 2(1) of the Income Support Regulations or, where appropriate, in regulation 1(3) of the Jobseeker’s Allowance Regulations.
(4) In so far as these Regulations amend provisions relating to disability working allowance or family credit, they shall come into force on 7th October 1997 and, in relation to any particular claimant for either of those benefits, these Regulations shall have effect where a claimant has an award of disability working allowance or family credit which is current on 7th October 1997, on the day following the expiration of that award.
(5) In these Regulations, unless the context otherwise requires—
 “the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 1992;
 “the Disability Working Allowance Regulations” means the Disability Working Allowance (General) Regulations 1991;
 “the Family Credit Regulations” means the Family Credit (General) Regulations 1987;
 “the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987;
 “the Income Support Regulations” means the Income Support (General) Regulations 1987;
 “the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996.
2 
After regulations 29(2)(c) (notional income) and 37(1)(b) and (2)(d) (notional capital) of the Disability Working Allowance Regulations the word “or” and the following sub-paragraph bearing the appropriate letter shall be inserted—“any sum to which paragraph 45(a) or 46(a) of Schedule 4 (disregard of compensation for personal injuries which is administered by the Court) refers,”.
3 
After regulations 26(2)(c) (notional income) and 34(1)(b) and (2)(d) (notional capital) of the Family Credit Regulations the word “or” and the following sub-paragraph bearing the appropriate letter shall be inserted—“any sum to which paragraph 46(a) or 47(a) of Schedule 3 (disregard of compensation for personal injuries which is administered by the Court) refers,”.
4 
In sub-paragraph (d) of regulation 5(5) of the Housing Benefit Regulations (circumstances in which a person is or is not to be treated as occupying a dwelling as his home) for the words “his liability to make payments in respect of two dwellings is unavoidable” there shall be substituted the words “he could not reasonably have avoided liability in respect of two dwellings”.
5 

(1) The Income Support Regulations shall be amended in accordance with the following paragraphs.
(2) In regulation 4ZA (prescribed categories of person) after paragraph (3) the following paragraph shall be added—“
(4) A person who falls within a prescribed category in Schedule 1B for the purposes of this regulation for any day in a benefit week, shall fall within that category for the whole of that week.”.
(3) In regulation 40(3A) (calculation of income other than earnings) for the word “week” there shall be substituted the words “benefit week”.
(4) After regulations 42(2)(h) (notional income) and 51(1)(b) and (2)(d) (notional capital) the word “or” and the following sub-paragraph bearing the appropriate letter shall be inserted—“any sum to which paragraph 44(a) or 45(a) of Schedule 10 (disregard of compensation for personal injuries which is administered by the Court) refers,”.
(5) In regulation 61 (interpretation) in paragraph (c) of the definition of “grant income” for the words “paragraph 1, 2 or 7 of Schedule 1” there shall be substituted the words “paragraph 1, 2, 10, 11 or 12 of Schedule 1B”.
(6) In Part II of Schedule 4 (persons to whom regulation 19 does not apply) paragraphs 16 and 17 shall be omitted.
(7) In Schedule 7 (applicable amounts in special cases) in column 1 of paragraph 13A(2) for the words from “which includes” to the end, there shall be substituted the words “which a claimant requires by reason of old age, disablement, past or present dependence on alcohol or drugs, past or present mental disorder or a terminal illness.”.
6 
In the Jobseeker’s Allowance Regulations after regulations 105(2)(g) (notional income) and 113(1)(b) and (2)(d) (notional capital) the word “or” and the following sub-paragraph bearing the appropriate letter shall be inserted—“any sum to which paragraph 42(a) or 43(a) of Schedule 8 (disregard of compensation for personal injuries which is administered by the Court) refers”.
7 

(1) After the regulations specified in paragraph (2) below the word “or” and the following sub-paragraph bearing the appropriate letter shall be inserted in each regulation—“
 any sum to which paragraph 46(a) and 47(a) of Schedule 5 (disregard of compensation for personal injuries which is administered by the Court) refers,”.
(2) The regulations to which paragraph (1) refers (which relate to notional income and notional capital) are—
(a) regulations 26(2)(c) and 34(2)(d) of the Council Tax Benefit Regulations; and
(b) regulations 35(2)(c) and 43(2)(d) of the Housing Benefit Regulations.
(3) In each of the regulations specified in paragraph (4) below, after the words “Independent Living Funds” there shall be inserted the words “or payments made pursuant to section 19(1)(a) of the Coal Industry Act 1994 (concessionary coal)”.
(4) The regulations to which paragraph (3) refers (which relate to notional income) are—
(a) regulation 26(3) of the Council Tax Benefit Regulations;
(b) regulation 29(3) of the Disability Working Allowance Regulations;
(c) regulation 26(3) of the Family Credit Regulations;
(d) regulation 35(3) of the Housing Benefit Regulations;
(e) regulation 42(4) of the Income Support Regulations; and
(f) regulation 105(10) of the Jobseeker’s Allowance Regulations.
(5) In each of the provisions specified in paragraph (6) below for the words from “and is provided” to “required” there shall be substituted the words “by reason of old age, disablement, past or present dependence on alcohol or drugs, past or present mental disorder or a terminal illness and the care is provided in the home”.
(6) The provisions to which paragraph (5) refers (which relate to the calculation of tariff income from capital and applicable amounts) are—
(a) regulation 53(1B)(c) of, and paragraph 2A(2)(aa) of Schedule 2 to, the Income Support Regulations; and
(b) regulation 116(1B)(c) of, and paragraph 3(2)(b) of Schedule 1 to, the Jobseeker’s Allowance Regulations.
(7) In each of the paragraphs of the Schedules specified in paragraph (8) below, at the end there shall be added the words “or section 12(2)(c) of the Further and Higher Education (Scotland) Act 1992 (provision of financial assistance to students)”.
(8) The paragraphs of the Schedules to which paragraph (7) refers (which relate to the disregard of certain educational awards) are—
(a) paragraph 10 of Schedule 4 to the Council Tax Benefit Regulations;
(b) paragraph 9 of Schedule 3 to the Disability Working Allowance Regulations;
(c) paragraph 9 of Schedule 2 to the Family Credit Regulations;
(d) paragraph 10 of Schedule 4 to the Housing Benefit Regulations;
(e) paragraph 11 of Schedule 9 to the Income Support Regulations; and
(f) paragraph 12 of Schedule 7 to the Jobseeker’s Allowance Regulations.
(9) Each of the paragraphs of the Schedules specified in paragraph (10) below shall be amended in the following manner—
(a) the words “under the age of 18” shall be omitted; and
(b) in sub-paragraph (b) at the end there shall be added the words “where the person concerned is under the age of 18”.
(10) The paragraphs of the Schedules to which paragraph (9) refers (which relate to the disregard of capital administered by a Court) are—
(a) paragraphs 46 and 47 of Schedule 5 to the Council Tax Benefit Regulations;
(b) paragraphs 45 and 46 of Schedule 4 to the Disability Working Allowance Regulations;
(c) paragraphs 46 and 47 of Schedule 3 to the Family Credit Regulations;
(d) paragraphs 46 and 47 of Schedule 5 to the Housing Benefit Regulations;
(e) paragraphs 44 and 45 of Schedule 10 to the Income Support Regulations; and
(f) paragraphs 42 and 43 of Schedule 8 to the Jobseeker’s Allowance Regulations.
Signed by authority of the Secretary of State for Social Security.
Keith Bradley
Parliamentary Under-Secretary of State,
Department of Social Security
9th September 1997