
1 

(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No.3) Regulations 1998 and this regulation and regulation 2 of these Regulations shall come into force on 1st June 1998.
(2) Regulation 3 of these Regulations shall come into force on 2nd June 1998 but in the case of a claimant for disability working allowance or family credit who has an award of either of these benefits which is current on 2nd June 1998, that regulation shall have effect as from the day following the expiration of that award.
(3) Regulation 4 of these Regulations shall come into force on 1st June 1998 but in the case of a claimant for income support whose benefit week does not commence on that date, that regulation shall have effect from the first day of the first benefit week to commence for that claimant after that date.
(4) In paragraph (3) of this regulation, the expressions “benefit week” and “claimant” shall have the same meanings as in regulation 2(1) of the Income Support (General) Regulations 1987.
(5) Regulation 5 of these Regulations shall come into force on 1st June 1998 but in the case of a claimant for a jobseeker’s allowance whose benefit week does not commence on that date, that regulation shall have effect from the first day of the first benefit week to commence for that claimant after that date.
(6) In paragraph (5) of this regulation, the expression “benefit week” shall have the same meaning as in regulation 1(3) of the Jobseeker’s Allowance Regulations 1996.
2 
For paragraph 29 of Schedule 4 to the Council Tax Benefit (General) Regulations 1992 and paragraph 28 of Schedule 4 to the Housing Benefit (General) Regulations 1987 (sums to be disregarded in the calculation of income other than earnings) there shall be substituted the following paragraph bearing the respective paragraph number—“
—
(1) Subject to sub-paragraph (2), any payment received under an insurance policy taken out to insure against the risk of being unable to maintain repayments—
(a) on a loan which is secured on the dwelling which the claimant occupies as his home; or
(b) under a regulated agreement as defined for the purposes of the Consumer Credit Act 1974 or under a hire-purchase agreement or a conditional sale agreement as defined for the purposes of Part III of the Hire-Purchase Act 1964.
(2) A payment referred to in sub-paragraph (1) shall only be disregarded to the extent that the payment received under that policy does not exceed the amounts, calculated on a weekly basis, which are used to—
(a) maintain the repayments referred to in sub-paragraph (1)(a) or, as the case may be, (b); and
(b) meet any amount due by way of premiums on—
(i) that policy; or
(ii) in a case to which sub-paragraph (1)(a) applies, an insurance policy taken out to insure against loss or damage to any building or part of a building which is occupied by the claimant as his home and which is required as a condition of the loan referred to in sub-paragraph (1)(a).
”.
3 
In both Schedule 3 to the Disability Working Allowance (General) Regulations 1991 and Schedule 2 to the Family Credit (General) Regulations 1987 (sums to be disregarded in the calculation of income other than earnings), after paragraph 25, there shall be inserted the following paragraph—“
25A 

(1) Subject to sub-paragraph (2), any payment received under an insurance policy taken out to insure against the risk of being unable to maintain repayments—
(a) on a loan which is secured on the dwelling which the claimant occupies as his home; or
(b) under a regulated agreement as defined for the purposes of the Consumer Credit Act 1974 or under a hire-purchase agreement or a conditional sale agreement as defined for the purposes of Part III of the Hire-Purchase Act 1964.
(2) A payment referred to in sub-paragraph (1) shall only be disregarded to the extent that the payment received under that policy does not exceed the amounts, calculated on a weekly basis, which are used to—
(a) maintain the repayments referred to in sub-paragraph (1)(a) or, as the case may be, (b); and
(b) meet any amount due by way of premiums on—
(i) that policy; or
(ii) in a case to which sub-paragraph (1)(a) applies, an insurance policy taken out to insure against loss or damage to any building or part of a building which is occupied by the claimant as his home and which is required as a condition of the loan referred to in sub-paragraph (1)(a).”.
4 
In Schedule 9 to the Income Support (General) Regulations 1987 (sums to be disregarded in the calculation of income other than earnings)—
(a) in sub-paragraph (1) of paragraph 30, after the words “paragraph 29” there shall be inserted the words “or 30ZA”;
(b) after paragraph 30 there shall be inserted the following paragraph—“
30ZA 

(1) Subject to sub-paragraph (2), any payment received under an insurance policy, other than an insurance policy referred to in paragraph 29, taken out to insure against the risk of being unable to maintain repayments under a regulated agreement as defined for the purposes of the Consumer Credit Act 1974 or under a hire-purchase agreement or a conditional sale agreement as defined for the purposes of Part III of the Hire-Purchase Act 1964.
(2) A payment referred to in sub-paragraph (1) shall only be disregarded to the extent that the payment received under that policy does not exceed the amounts, calculated on a weekly basis, which are used to—
(a) maintain the repayments referred to in sub-paragraph (1); and
(b) meet any amount due by way of premiums on that policy.”.
5 
In Schedule 7 to the Jobseeker’s Allowance Regulations 1996 (sums to be disregarded in the calculation of income other than earnings)—
(a) in sub-paragraph (1) of paragraph 31, after the words “paragraph 30” there shall be inserted the words “or 31A”;
(b) after paragraph 31 there shall be inserted the following paragraph—“
31A 

(1) Subject to sub-paragraph (2), any payment received under an insurance policy, other than an insurance policy referred to in paragraph 30, taken out to insure against the risk of being unable to maintain repayments under a regulated agreement as defined for the purposes of the Consumer Credit Act 1974 or under a hire-purchase agreement or a conditional sale agreement as defined for the purposes of Part III of the Hire-Purchase Act 1964.
(2) A payment referred to in sub-paragraph (1) shall only be disregarded to the extent that the payment received under that policy does not exceed the amounts, calculated on a weekly basis, which are used to—
(a) maintain the repayments referred to in sub-paragraph (1); and
(b) meet any amount due by way of premiums on that policy.”.
Signed by authority of the Secretary of State for Social Security.
Keith Bradley
Parliamentary Under-Secretary of State,
Department of Social Security
6th May 1998