Statutory Instruments

1999 No. 3329

SOCIAL SECURITY

The Income Support (General) Amendment (No. 2) Regulations 1999

Made

13th December 1999

Laid before Parliament

15th December 1999

Coming into force

5th January 2000

The Secretary of State for Social Security, in exercise of the powers in sections 123(1)(a), 124(1)(e) and 175(1) and (3) of the Social Security Contributions and Benefits Act 1992(1) and of all other powers enabling him in that behalf, and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it(2), hereby make the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Income Support (General) Amendment (No. 2) Regulations 1999 and shall come into force on 5th January 2000.

Amendment of Schedule 1B to the Income Support (General) Regulations 1987

2. After paragraph 14 of Schedule 1B to the Income Support (General) Regulations 1987(3) there shall be inserted the following new paragraph-

"Parental leave

14A.-(1) A person who is-

(a)entitled to, and taking, parental leave by virtue of Part III of the Maternity and Parental Leave etc. Regulations 1999(4) in respect of a child who is a member of his household; and

(b)not entitled to any remuneration from his employer in respect of that leave for the period to which his claim for income support relates; and

(c)entitled to working families' tax credit, disabled person's tax credit(5), housing benefit or council tax benefit on the day before that leave begins.

(2) In this paragraph "remuneration" means payment of any kind."

Signed by authority of the Secretary of State for Social Security.

Hugh Bayley

Parliamentary Under-Secretary of State,

Department of Social Security

13th December 1999

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Income Support (General) Regulations 1987 (S.I. 1987/1967) ("the Income Support Regulations").

Regulation 2 inserts a new paragraph 14A into Schedule 1B of the Income Support Regulations. This provides that a person on unpaid statutory parental leave in respect of a child in his household, who was entitled to certain benefits on the day before the leave begins, is a prescribed person under section 124(1)(e) of the Social Security Contributions and Benefits Act 1992 (c. 4) for the purposes of a claim for income support.

These Regulations do not impose any charge on business.

(1)

1992 c. 4. Section 124(1)(e) was inserted by section 41(4) and Schedule 2, paragraph 30(5) of the Jobseekers Act 1995 (c. 18).

(2)

See section 173(1) of the Social Security Administration Act 1992 (c. 5).

(3)

S.I. 1987/1967. Schedule 1B was inserted by Schedule 1 to S.I. 1996/206.

(4)

S.I. 1999/3312.

(5)

Family credit and disability working allowance are known respectively as working families' tax credit and disabled person's tax credit by virtue of section 1 of the Tax Credits Act 1999 (c. 10) as from 5th October 1999.