Statutory Instruments
SOCIAL SECURITY
Made
5th July 1999
Laid before Parliament
12th July 1999
Coming into force
2nd August 1999
The Secretary of State for Social Security, in exercise of the powers conferred on him by sections 123(1)(a), 135(1), 137(1) and 175(1) and (3) to (5) of the Social Security Contributions and Benefits Act 1992(1) and sections 4(5), 35(1) and 36(1), (2) and (4) of the Jobseekers Act 1995(2) and of all other powers enabling him in that behalf, after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it(3), hereby makes the following Regulations:
1. These Regulations may be cited as the Income Support (General) and Jobseeker's Allowance Amendment Regulations 1999 and shall come into force on 2nd August 1999.
2.-(1) In paragraph 14 of Schedule 3 to the Income Support (General) Regulations 1987(4) (housing costs: linking rule)-“
(a)in sub-paragraph (3A), after the word "shall" there shall be inserted the words ", subject to sub-paragraph (3AA),";
(b)after sub-paragraph (3A) there shall be inserted the following sub-paragraph-“
"(3AA) Where the appropriate amount of a loan exceeds the amount specified in paragraph 11(5), sub-paragraph (3A) shall not apply except-“
(a)for the purposes of paragraph 6(1) or 8(1); or
(b)where a person has ceased to be in receipt of income support for a period of 52 weeks or less because he or his partner is a welfare to work beneficiary.".
(2) In paragraph 13 of Schedule 2 to the Jobseeker's Allowance Regulations 1996(5) (housing costs: linking rule)-“
(a)in sub-paragraph (4), after the word "shall" there shall be inserted the words ", subject to sub-paragraph (4A),";
(b)after sub-paragraph (4) there shall be inserted the following sub-paragraph-“
"(4A) Where the appropriate amount of a loan exceeds the amount specified in paragraph 10(4), sub-paragraph (4) shall not apply except-“
(a)for the purposes of paragraph 6(1) or 7(1); or
(b)where a person has ceased to be in receipt of a jobseeker's allowance for a period of 52 weeks or less because he or his partner is a welfare to work beneficiary.".
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
5th July 1999
(This note is not part of the Regulations)
These Regulations amend the Income Support (General) Regulations 1987 (S.I. 1987/1967) and the Jobseeker's Allowance Regulations 1996 (S.I. 1996/207).
In particular, regulation 2 of these Regulations provides that where a claimant's applicable amount includes an amount in respect of his housing costs for a loan which exceeds the appropriate amount, periods of entitlement to income support or jobseeker's allowance will only link for the purpose of determining continuous entitlement to those benefits prior to payment of housing costs or where the previous benefit claim ceased because the claimant or his partner was a welfare to work beneficiary.
These Regulations do not impose a charge on business.
1992 c. 4; section 137(1) is an interpretation provision and is cited because of the meaning ascribed to the word "prescribed".
1995 c. 18; section 35(1) is an interpretation provision and is cited because of the meaning ascribed to the words "prescribed" and "regulations".
See sections 170 and 173(1)(b) of the Social Security Administration Act 1992 (c. 5); paragraph 67 of Schedule 2 to the Jobseekers Act 1995 added that Act to the list of "relevant enactments" in respect of which regulations must normally be referred to the Committee.