The Income-related Benefits Schemes and Social Security (Recoupment) Amendment Regulations 1993

• Citation: S.I. 1993/1249
• Sections: 7

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Income-related Benefits Schemes and Social Security (Recoupment) Amendment Regulations 1993 and shall come into force–

(a) ... on 14th May 1993;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In these Regulations–

(a) “the Family Credit Regulations” means the Family Credit (General) Regulations 1987 ;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(d) “the Disability Working Allowance Regulations” means the Disability Working Allowance (General) Regulations 1991 ;

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) “the Recoupment Regulations” means the Social Security (Recoupment) Regulations 1990 .

Section 2 Amendment of the Family Credit Regulations

(1) The Family Credit Regulations shall be amended in accordance with the provisions of this regulation.

(2) In regulation 2(1) (interpretation)–

(a) in the definition of “qualifying person” after the word “Fund” there shall be added the words “ or the Eileen Trust ” ;

(b) after the definition of “student” the following definition shall be inserted–

“the Eileen Trust” means the charitable trust of that name established on 29th March 1993 out of funds provided by the Secretary of State for the benefit of persons eligible for payment in accordance with its provisions;

(3) The following provisions shall be amended by inserting the words “ , the Eileen Trust ” after the words “the Fund” each time they appear–

(a) regulation 26(3) (notional income);

(b) regulation 31(3) (income treated as capital);

(c) regulation 34(3) (notional capital).

(4) In Schedule 2 (sums to be disregarded in the calculation of income other than earnings) in paragraph 34–

(a) in sub-paragraph (1) after the words “the Fund” there shall be inserted the words “ , the Eileen Trust ” ;

(b) in sub-paragraph (7) at the end the words “ and the Eileen Trust ” shall be added.

(5) In Schedule 3 (capital to be disregarded) in paragraph 23–

(a) in sub-paragraph (1) after the words “the Fund” there shall be inserted the words “ , the Eileen Trust ” ; and

(b) in sub-paragraph (7) at the end the words “ and the Eileen Trust ” shall be added.

Section 3 Amendment of the Housing Benefit Regulations

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Section 4 Amendment of the Income Support Regulations

(1) The Income Support Regulations shall be amended in accordance with the provisions of this regulation.

(2) In regulation 2(1) (interpretation)–

(a) in the definition of “qualifying person” after the word “Fund” there shall be added the words “ or the Eileen Trust ” ;

(b) after the definition of “terminal date” the following definition shall be inserted–

“the Eileen Trust” means the charitable trust of that name established on 29th March 1993 out of funds provided by the Secretary of State for the benefit of persons eligible for payment in accordance with its provisions;

(3) The following provisions shall be amended by inserting the words “ , the Eileen Trust ” after the words “the Fund” each time they appear–

(a) regulation 42(4) (notional income);

(b) regulation 48(10)(c) (income treated as capital);

(c) regulation 51(3) (notional capital);

(d) regulation 72(1)(a) (assessment of income and capital in urgent cases);

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)–

(a) in paragraph 21(2) after the words “the Fund” there shall be inserted the words “ , the Eileen Trust ” ;

(b) in paragraph 39–

(i) in sub-paragraph (1) after the words “the Fund” there shall be inserted the words “ , the Eileen Trust ” ;

(ii) in sub-paragraph (7) at the end the words “ and the Eileen Trust ” shall be added.

(5) In Schedule 10 (capital to be disregarded) in paragraph 22–

(a) in sub-paragraph (1) after the words “the Fund” there shall be inserted the words “ , the Eileen Trust ” ; and

(b) in sub-paragraph (7) at the end the words “ and the Eileen Trust ” shall be added.

Section 5 Amendment of the Disability Working Allowance Regulations

(1) The Disability Working Allowance Regulations shall be amended in accordance with the provisions of this regulation.

(2) In regulation 2(1) (interpretation)–

(a) in the definition of “qualifying person” after the word “Fund” there shall be added the words “ or the Eileen Trust ” ;

(b) after the definition of “student” the following definition shall be inserted–

“the Eileen Trust” means the charitable trust of that name established on 29th March 1993 out of funds provided by the Secretary of State for the benefit of persons eligible for payment in accordance with its provisions;

(3) The following provisions shall be amended by inserting the words “ , the Eileen Trust ” after the words “the Fund” each time they appear–

(a) regulation 29(3) (notional income);

(b) regulation 34(3) (income treated as capital);

(c) regulation 37(3) (notional capital).

(4) In Schedule 3 (sums to be disregarded in the calculation of income other than earnings) in paragraph 33–

(a) in sub-paragraph (1) after the words “the Fund” there shall be inserted the words “ , the Eileen Trust ” ;

(b) in sub-paragraph (6) at the end the words “ and the Eileen Trust ” shall be added.

(5) In Schedule 4 (capital to be disregarded) in paragraph 23–

(a) in sub-paragraph (1) after the words “the Fund” there shall be inserted the words “ , the Eileen Trust ” ; and

(b) in sub-paragraph (6) at the end the words “ and the Eileen Trust ” shall be added.

Section 6 Amendment of the Council Tax Benefit Regulations

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Section 7 Amendment of the Recoupment Regulations

In regulation 4 of the Recoupment Regulations (exempt payments) after paragraph (g) the following paragraph shall be added–

(h) any payment made from the Eileen Trust established on 29th March 1993 out of funds provided by the Secretary of State for the benefit of persons eligible for payment in accordance with its provisions.