The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 2) Regulations 1993

• Citation: S.I. 1993/1150
• Sections: 5

Section 1 Citation and commencement

(1) These Regulations may be cited as the Income-related Benefits Schemes (Miscellaneous Amendments) (No.2) Regulations 1993 and shall come into force on 25th May 1993.

(2) In these Regulations—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) “the Income Support Regulations” means the Income Support (General) Regulations 1987 ;

(c) “the Community Charge Benefits Regulations” means the Community Charge Benefits (General) Regulations 1989 ;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 2 Amendment of the Housing Benefit Regulations

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Section 3 Amendment of the Income Support Regulations

(1) Schedule 2 paragraph 13 to the Income Support Regulations (severe disability premium) shall be amended in accordance with the provisions of this regulation.

(2) In sub-paragraph (2)(a) for the words “or a lone parent” there shall be substituted the words “ , a lone parent or a claimant who is treated as having no partner in consequence of sub-paragraph (2A) ” .

(3) After sub-paragraph (2) there shall be inserted the following sub-paragraph

(2A) Where a claimant has a partner who does not satisfy the condition in sub-paragraph (2)(b)(ii), and that partner is blind or is treated as blind within the meaning of paragraph 12(1)(a)(iii) and (2), that partner shall be treated for the purposes of sub-paragraph (2) as if he were not a partner of the claimant.

(4) In sub-paragraph (3) after head (c) the word “or” and the following head shall be added—

(d) a person who is blind or is treated as blind within the meaning of paragraph 12(1)(a)(iii) and (2).

Section 4 Amendment of the Community Charge Benefits Regulations

(1) The Community Charge Benefits Regulations shall be amended in accordance with the provisions of this regulation.

(2) In regulation 67 (review of determinations) —

(a) in paragraph (1) for the words “paragraph (1A),” there shall be substituted the words “ paragraphs (1A) and (1B), ” ;

(b) after paragraph (1A), there shall be inserted the following paragraph—

(1B) In paragraph (1)(c) the expression “a mistake as to the law” shall not include any question as to whether, in making any provision in a regulation or Order, the Secretary of State went beyond the powers exercisable by him.

(c) in paragraph (2) after the words “Notwithstanding paragraph (1),” there shall be inserted the words “ except in the case of a question to which paragraph (1B) refers, ” .

Section 5 Amendment of the Council Tax Benefit Regulations

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