The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 2) Regulations 1995

• Citation: S.I. 1995/1339
• Sections: 9

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Income-related Benefits Schemes (Miscellaneous Amendments) (No. 2) Regulations 1995 and shall come into force on 17th July 1995.

(2) Regulations 3 to 8 of these Regulations shall have effect in relation to any particular claimant—

(a) except where sub-paragraph (b) applies, on 18th July 1995;

(b) where a claimant has an award of disability working allowance or family credit which is current on 17th July 1995, on the day following the expiration of that award.

(3) In these Regulations—

“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 ; and

“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 .

Section 2 Amendment of Schedule 4 to the Council Tax Benefit Regulations

In Schedule 4 to the Council Tax Benefit Regulations (sums to be disregarded in the calculation of income other than earnings) the following new paragraphs shall be added after paragraph 55 —

(56) Any amount of disability working allowance up to a maximum of £10 per week where the claimant is entitled to the allowance under regulation 51(1)(bb) of the Disability Working Allowance (General) Regulations 1991 .

(57) Any amount of family credit up to a maximum of £10 per week where the claimant is entitled to the credit under regulation 46(1)(aa) of the Family Credit (General) Regulations 1987 .

Section 3 Insertion of regulation 6A in the Disability Working Allowance Regulations

In the Disability Working Allowance Regulations after regulation 6 (remunerative work) the following new regulation shall be inserted—

Further provision as to remunerative work

6A. Whether, for the purposes of regulation 51(1)(bb) (determination of appropriate maximum disability working allowance) and paragraph 2A of Schedule 5 , the work a person undertakes is for not less than 30 hours per week shall be determined in accordance with regulation 6(1)(b), (3), (4) and (4A) except that for the words “16 hours” in paragraph (4) there shall be substituted the words “30 hours”.

Section 4 Amendment of regulation 51 of the Disability Working Allowance Regulations

In regulation 51 of the Disability Working Allowance Regulations (determination of appropriate maximum disability working allowance) after sub-paragraph (1)(b) the following new sub-paragraph shall be inserted—

(bb) in respect of a claimant who is—

(i) a single claimant or lone parent who works, or

(ii) a member of a married or unmarried couple either or both of whom work,

(iii) for not less than 30 hours per week, the allowance specified in column (2) of Schedule 5 at paragraph 2A.

Section 5 Amendment of Schedule 5 to the Disability Working Allowance Regulations

In Schedule 5 to the Disability Working Allowance Regulations (determination of appropriate maximum disability working allowance) after paragraph 2 the following new paragraph shall be inserted—

Section 6 Insertion of regulation 4A in the Family Credit Regulations

In the Family Credit Regulations after regulation 4 (remunerative work) the following new regulation shall be inserted—

Further provision as to remunerative work

4A. Whether, for the purposes of regulation 46(1)(aa) (determination of appropriate maximum family credit) and paragraph 1A of Schedule 4 , the work a person undertakes is for not less than 30 hours per week shall be determined in accordance with regulation 4(1)(b), (3), (4) and (4A) except that for the words “16 hours” in paragraph (4) there shall be substituted the words “30 hours”.

Section 7 Amendment of regulation 46 of the Family Credit Regulations

In regulation 46 of the Family Credit Regulations (determination of maximum family credit) after sub-paragraph (a) of paragraph (1) the following new sub-paragraph shall be inserted—

(aa) in respect of a lone parent who works, or a claimant who is a member of a married or unmarried couple either or both of whom work, for not less than 30 hours per week, the credit specified in column (2) of Schedule 4 against paragraph 1A;

Section 8 Amendment of Schedule 4 to the Family Credit Regulations

In Schedule 4 to the Family Credit Regulations (determination of appropriate maximum family credit) after paragraph 1 the following new paragraph shall be inserted—

Section 9 Amendment of Schedule 4 to the Housing Benefit Regulations

In Schedule 4 to the Housing Benefit Regulations (sums to be disregarded in the calculation of income other than earnings) the following new paragraphs shall be added after paragraph 56(c) —

(57) Any amount of disability working allowance up to a maximum of £10 per week where the claimant is entitled to the allowance under regulation 51(1)(bb) of the Disability Working Allowance (General) Regulations 1991.

(58) Any amount of family credit up to a maximum of £10 per week where the claimant is entitled to the credit under regulation 46(1)(aa) of the Family Credit (General) Regulations 1987.