SOCIAL SECURITY Citation, commencement and interpretation 1 1 These Regulations may be cited as the Income-related Benefits Schemes and Social Security (Recoupment) Amendment Regulations 1992 and shall come into force on 7th May 1992. 2 In these Regulations— “the Community Charge Benefits Regulations” means the Community Charge Benefits (General) Regulations 1989 ; “the Disability Working Allowance Regulations” means the Disability Working Allowance (General) Regulations 1991 ; “the Family Credit Regulations” means the Family Credit (General) Regulations 1987 ; ... “the Income Support Regulations” means the Income Support (General) Regulations 1987 ; “the Social Security (Recoupment) Regulations” means the Social Security (Recoupment) Regulations 1990 . Amendment of the Community Charge Benefits Regulations 2 1 The Community Charge Benefits Regulations shall be amended in accordance with the following paragraphs of this regulation. 2 In regulation 2(1) (interpretation)— a after the definition of “polygamous marriage” there shall be inserted the following definition— “qualifying person” means a person in respect of whom payment has been made from the Fund; ; b after the definition of “supplementary benefit” there shall be inserted the following definition— “the Fund” means moneys made available from time to time by the Secretary of State for the benefit of persons eligible for payment in accordance with the provisions of a scheme established by him on 24th April 1992 or, in Scotland, on 10th April 1992; . 3 In regulation 25(3) (notional income) after the words “the Macfarlane (Special Payments) ( No. 2) Trust” there shall be inserted the words “ , the Fund ” . 4 In regulation 30(6) (income treated as capital) after the words “the Macfarlane (Special Payments) (No. 2) Trust” there shall be inserted the words “ , the Fund ” . 5 In regulation 33(3) (notional capital) after the words “the Macfarlane (Special Payments) (No. 2) Trust” there shall be inserted the words “ , the Fund ” . 6 In regulation 61(3) (evidence and information to be provided to an authority by a claimant)— a in sub-paragraph (a)— i in head (i) for the words “(payments in kind made by a charity or under certain trusts)” there shall be substituted the words “ (certain payments in kind) ” ; ii in head (ii) for the words “or the Macfarlane (Special Payments) (No. 2) Trust” there shall be substituted the words “ , the Macfarlane (Special Payments) (No. 2) Trust or the Fund ” ; b in sub-paragraph (b) after the words “under certain trusts” there shall be inserted the words “ and certain other payments ” . 7 In Schedule 3 (sums to be disregarded in the calculation of income other than earnings), in paragraph 35— a in sub-paragraph (1) after the words “(“the Trusts”),” there shall be inserted the words “ the Fund ” ; b in sub-paragraph (2) after the words “suffered from haemophilia” there shall be inserted the words “ or who is or was a qualifying person ” ; c in sub-paragraph (3)— i after the words “suffered from haemophilia” there shall be inserted the words “ or who is or was a qualifying person ” ; ii in head (a) after the words “suffering from haemophilia” there shall be inserted the words “ or who is a qualifying person ” ; d in sub-paragraph (4) after the words “suffering from haemophilia” there shall be inserted the words “ or who is a qualifying person ” ; e in sub-paragraph (5) after the words “suffered from haemophilia” there shall be inserted the words “ or who was a qualifying person ” ; f after sub-paragraph (6) there shall be added the following sub-paragraph— 7 For the purposes of sub-paragraphs (2) to (6), any reference to the Trusts shall be construed as including a reference to the Fund. . 8 In Schedule 4 (capital to be disregarded)— a in paragraph 23— i in sub-paragraph (1) after the words “(“the Trusts”),” there shall be inserted the words “ the Fund ” ; ii in sub-paragraph (2) after the words “suffered from haemophilia” there shall be inserted the words “ or who is or was a qualifying person ” ; iii in sub-paragraph (3)— aa after the words “suffered from haemophilia” there shall be inserted the words “ or who is or was a qualifying person ” ; bb in head (a) after the words “suffering from haemophilia” there shall be inserted the words “ or who is a qualifying person ” ; iv in sub-paragraph (4) after the words “suffering from haemophilia” there shall be inserted the words “ or who is a qualifying person ” ; v in sub-paragraph (5) after the words “suffered from haemophilia” there shall be inserted the words “ or who was a qualifying person ” ; vi after sub-paragraph (6) there shall be added the following sub-paragraph— 7 For the purposes of sub-paragraphs (2) to (6), any reference to the Trusts shall be construed as including a reference to the Fund. ; b in paragraph 32 for the words “or the Macfarlane (Special Payments) (No. 2) Trust” there shall be substituted the words “ , the Macfarlane (Special Payments) (No. 2) Trust or the Fund ” . Amendment of the Disability Working Allowance Regulations 3 1 The Disability Working Allowance Regulations shall be amended in accordance with the following paragraphs of this regulation. 2 In regulation 2(1) (interpretation)— a after the definition of “policy of life insurance” there shall be inserted the following definition— “qualifying person” means a person in respect of whom payment has been made from the Fund; ; b after the definition of “student” there shall be inserted the following definition— “the Fund” means moneys made available from time to time by the Secretary of State for the benefit of persons eligible for payment in accordance with the provisions of a scheme established by him on 24th April 1992 or, in Scotland, on 10th April 1992; . 3 In regulation 29(3) (notional income) after the words “the Macfarlane (Special Payments) (No. 2) Trust” there shall be inserted the words “ , the Fund ” . 4 In regulation 34(3) (income treated as capital) after the words “the Macfarlane (Special Payments) (No. 2) Trust” there shall be inserted the words “ , the Fund ” . 5 In regulation 37(3) (notional capital) after the words “the Macfarlane (Special Payments) (No. 2) Trust” there shall be inserted the words “ , the Fund ” . 6 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 Trusts”),” there shall be inserted the words “ the Fund ” ; b in sub-paragraph (2) after the words “suffering from haemophilia” there shall be inserted the words “ or who was or is a qualifying person ” ; c in sub-paragraph (3) after the words “suffering from haemophilia” there shall be inserted the words “ or who is a qualifying person ” ; d in sub-paragraph (4) after the words “suffered from haemophilia” there shall be inserted the words “ or who was a qualifying person ” ; e after sub-paragraph (5) there shall be added the following sub-paragraph— 6 For the purposes of sub-paragraphs (2) to (5), any reference to the Trusts shall be construed as including a reference to the Fund. . 7 In Schedule 4 (capital to be disregarded)— a in paragraph 23— i in sub-paragraph (1) after the words “(“the Trusts”)” there shall be inserted the words “ , the Fund ” ; ii in sub-paragraph (2) after the words “suffering from haemophilia” there shall be inserted the words “ or who was or is a qualifying person ” ; iii in sub-paragraph (3) after the words “suffering from haemophilia” there shall be inserted the words “ or who is a qualifying person ” ; iv in sub-paragraph (4) after the words “suffered from haemophilia” there shall be inserted the words “ or who was a qualifying person ” ; v after sub-paragraph (5) there shall be added the following sub-paragraph— 6 For the purposes of sub-paragraphs (2) to (5), any reference to the Trusts shall be construed as including a reference to the Fund. ; b in paragraph 31 for the words “or the Macfarlane (Special Payments) (No. 2) Trust” there shall be substituted the words “ , the Macfarlane (Special Payments) (No. 2) Trust or the Fund ” . Amendment of the Family Credit Regulations 4 1 The Family Credit Regulations shall be amended in accordance with the following paragraphs of this regulation. 2 In regulation 2(1) (interpretation)— a after the definition of “policy of life insurance” there shall be inserted the following definition— “qualifying person” means a person in respect of whom payment has been made from the Fund; ; b after the definition of “student” there shall be inserted the following definition— “the Fund” means moneys made available from time to time by the Secretary of State for the benefit of persons eligible for payment in accordance with the provisions of a scheme established by him on 24th April 1992 or, in Scotland, on 10th April 1992; . 3 In regulation 26(3) (notional income) after the words “the Macfarlane (Special Payments) (No. 2) Trust” there shall be inserted the words “ , the Fund ” . 4 In regulation 31(3) (income treated as capital) after the words “the Macfarlane (Special Payments) (No. 2) Trust” there shall be inserted the words “ , the Fund ” . 5 In regulation 34(3) (notional capital) after the words “the Macfarlane (Special Payments) (No. 2) Trust” there shall be inserted the words “ , the Fund ” . 6 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 Trusts”),” there shall be inserted the words “ the Fund ” ; b in sub-paragraph (2) after the words “suffered from haemophilia” there shall be inserted the words “ or who is or was a qualifying person ” ; c in sub-paragraph (3)— i after the words “suffered from haemophilia” there shall be inserted the words “ or who is or was a qualifying person ” ; ii in head (a) after the words “suffering from haemophilia” there shall be inserted the words “ or who is a qualifying person ” ; d in sub-paragraph (4) after the words “suffering from haemophilia” there shall be inserted the words “ or who is a qualifying person ” ; e in sub-paragraph (5) after the words “suffered from haemophilia” there shall be inserted the words “ or who was a qualifying person ” ; f after sub-paragraph (6) there shall be added the following sub-paragraph— 7 For the purposes of sub-paragraphs (2) to (6), any reference to the Trusts shall be construed as including a reference to the Fund. . 7 In Schedule 3 (capital to be disregarded)— a in paragraph 23— i in sub-paragraph (1) after the words “(“the Trusts”),” there shall be inserted the words “ the Fund ” ; ii in sub-paragraph (2) after the words “suffered from haemophilia” there shall be inserted the words “ or who is or was a qualifying person ” ; iii in sub-paragraph (3)— aa after the words “suffered from haemophilia” there shall be inserted the words “ or who is or was a qualifying person ” ; bb in head (a) after the words “suffering from haemophilia” there shall be inserted the words “ or who is a qualifying person ” ; iv in sub-paragraph (4) after the words “suffering from haemophilia” there shall be inserted the words “ or who is a qualifying person ” ; v in sub-paragraph (5) after the words “suffered from haemophilia” there shall be inserted the words “ or who was a qualifying person ” ; vi after sub-paragraph (6) there shall be added the following sub-paragraph— 7 For the purposes of sub-paragraphs (2) to (6), any reference to the Trusts shall be construed as including a reference to the Fund. ; b in paragraph 31 for the words “or the Macfarlane (Special Payments) (No. 2) Trust” there shall be substituted the words “ , the Macfarlane (Special Payments) (No. 2) Trust or the Fund ” . Amendment of the Housing Benefit Regulations 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Income Support Regulations 6 1 The Income Support Regulations shall be amended in accordance with the following paragraphs of this regulation. 2 In regulation 2(1) (interpretation)— a after the definition of “polygamous marriage” there shall be inserted the following definition— “qualifying person” means a person in respect of whom payment has been made from the Fund; ; b after the definition of “terminal date” there shall be inserted the following definition— “the Fund” means moneys made available from time to time by the Secretary of State for the benefit of persons eligible for payment in accordance with the provisions of a scheme established by him on 24th April 1992 or, in Scotland, on 10th April 1992; . 3 In regulation 42(4) (notional income) after the words “the Macfarlane (Special Payments) (No. 2) Trust” there shall be inserted the words “ , the Fund ” . 4 In regulation 48(10)(c) (income treated as capital) after the words “the Macfarlane (Special Payments) (No. 2) Trust” there shall be inserted the words “ , the Fund ” . 5 In regulation 51(3) (notional capital) after the words “the Macfarlane (Special Payments) (No. 2) Trust” there shall be inserted the words “ , the Fund ” . 6 In regulation 72(1)(a) (assessment of income and capital in urgent cases) after the words “the Macfarlane (Special Payments) (No. 2) Trust” there shall be inserted the words “ , the Fund ” . 7 In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)— a in paragraph 21(2) after the words “the Macfarlane (Special Payments) (No. 2) Trust” there shall be inserted the words “ , the Fund ” ; b in paragraph 39— i in sub-paragraph (1) after the words “(“the Trusts”),” there shall be inserted the words “ the Fund ” ; ii in sub-paragraph (2) after the words “suffered from haemophilia” there shall be inserted the words “ or who is or was a qualifying person ” ; iii in sub-paragraph (3)— aa after the words “suffered from haemophilia” there shall be inserted the words “ or who is or was a qualifying person ” ; bb in head (a), after the words “suffering from haemophilia” there shall be inserted the words “ or who is a qualifying person ” ; iv in sub-paragraph (4) after the words “suffering from haemophilia” there shall be inserted the words “ or who is a qualifying person ” ; v in sub-paragraph (5) after the words “suffered from haemophilia” there shall be inserted the words “ or who was a qualifying person ” ; vi after sub-paragraph (6) there shall be added the following sub-paragraph— 7 For the purposes of sub-paragraphs (2) to (6), any reference to the Trusts shall be construed as including a reference to the Fund. . 8 In Schedule 10 (capital to be disregarded)— a in paragraph 22— i in sub-paragraph (1) after the words “(“the Trusts”),” there shall be inserted the words “ the Fund ” ; ii in sub-paragraph (2) after the words “suffered from haemophilia” there shall be inserted the words “ or who is or was a qualifying person ” ; iii in sub-paragraph (3)— aa after the words “suffered from haemophilia” there shall be inserted the words “ or who is or was a qualifying person ” ; bb in head (a) after the words “suffering from haemophilia” there shall be inserted the words “ or who is a qualifying person ” ; iv in sub-paragraph (4) after the words “suffering from haemophilia” there shall be inserted the words “ or who is a qualifying person ” ; v in sub-paragraph (5) after the words “suffered from haemophilia” there shall be inserted the words “ or who was a qualifying person ” ; vi after sub-paragraph (6) there shall be added the following sub-paragraph— 7 For the purposes of sub-paragraphs (2) to (6), any reference to the Trusts shall be construed as including a reference to the Fund. . b in paragraph 29 for the words “or the Macfarlane (Special Payments) (No. 2) Trust” there shall be substituted the words “ , the Macfarlane (Special Payments) (No. 2) Trust or the Fund ” . Amendment of the Social Security (Recoupment) Regulations 7 In regulation 4 of the Social Security (Recoupment) Regulations (exempt payments) after paragraph (f) there shall be added the following paragraph— g any payment made by or on behalf of the Secretary of State for the benefit of persons eligible for payment in accordance with the provisions of a scheme established by him on 24th April 1992 or, in Scotland, on 10th April 1992. . Signed by authority of the Secretary of State for Social Security. Alistair Burt Parliamentary Under-Secretary of State, Department of Social Security