Statutory Instruments
1997 No. 806

SOCIAL SECURITY
The Family Credit and Disability Working Allowance (General) Amendment Regulations 1997

Made
12th March 1997

Laid before Parliament
19th March 1997

Coming into force
7th October 1997

The Secretary of State for Social Security, in exercise of the powers conferred on him by sections 128(5), 129(8), 137(1) and (2)(d) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992(1) and of all other powers enabling him in that behalf, after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it(2), hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Family Credit and Disability Working Allowance (General) Amendment Regulations 1997 and shall come into force on 7th October 1997.

(2) In relation to any particular claimant for either family credit or disability working allowance, regulations 2, 3 and 4 of these Regulations shall have effect, where a claimant has an award of either of those benefits—

(a)which expires on 6th October 1997, on 7th October 1997;

(b)which expires after 6th October 1997, on the day following the expiration of that award.

(3) In these Regulations—

“the Disability Working Allowance Regulations” means the Disability Working Allowance (General) Regulations 1991(3);

“the Family Credit Regulations” means the Family Credit (General) Regulations 1987(4).

Family credit: remunerative work

2.  In regulation 4(4)(c)(ii)(bb) of the Family Credit Regulations(5) (remunerative work), after the words “the date of claim”, there shall be inserted the words “or he has, in the five weeks immediately preceding the week of claim, increased the number of hours that he works from below 16 hours to 16 hours or more per week,”.

Family credit: determination of maximum credit

3.  For the entries in column (2) of Schedule 4 to the Family Credit Regulations(6) against paragraph 3 (maximum credits in respect of young persons) there shall be substituted the entry “£24.80.”.

Disability working allowance: determination of maximum allowance

4.  For paragraph 4 in column (2) of Schedule 5 to the Disability Working Allowance Regulations(7) (maximum allowances in respect of young persons) there shall be substituted the following paragraph—

“4.
£24.80.”

Amendment of the Income-related Benefits and Jobseeker’s Allowance (Personal Allowances for Children and Young Persons) (Amendment) Regulations 1996

5.—(1) The Income-related Benefits and Jobseeker’s Allowance (Personal Allowances for Children and Young Persons) (Amendment) Regulations 1996(8) shall be amended in accordance with the following paragraphs of this regulation.

(2) In regulation 1(5) (citation, commencement and interpretation), for the words from “which is current” to the end of the paragraph there shall be substituted the words—

“—

(a)which expires on 6th October 1997, on 7th October 1997;

(b)which expires after 6th October 1997, on the day following the expiration of that award.”.

(3) In regulation 10(3) (transitional provisions), after the words “of these Regulations” there shall be inserted the words—

“or regulation 3 or 4 of the Family Credit and Disability Working Allowance (General) Amendment Regulations 1997(9).”

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

Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
12th March 1997

Explanatory Note

(This note is not part of the Regulations)
These Regulations amend the Family Credit (General) Regulations 1987 (S.I. 1987/1973) (“the Family Credit Regulations”), the Disability Working Allowance (General) Regulations 1991 (S.I. 1991/2887) (“the Disability Working Allowance Regulations”) and the Income-related Benefits and Jobseeker’s Allowance (Personal Allowances for Children and Young Persons) (Amendment) Regulations 1996 (S.I. 1996/2545) (“the Income-related Benefits Regulations”).
Regulation 2 amends the Family Credit Regulations in relation to what constitutes remunerative work for the purposes of those Regulations.
Regulations 3 and 4 make amendments to the Family Credit Regulations and the Disability Working Allowance Regulations respectively which are consequential on previous amendments to those Regulations which provided that an increase in the appropriate maximum family credit and disability working allowance will no longer be applicable in respect of young persons aged 18 or over.
Regulation 5 amends the Income-related Benefits Regulations in order to clarify the date from which the amendments in those Regulations will have effect for those with awards of family credit or disability working allowance on the date those Regulations come into force and to ensure that the amendments made by regulations 3 and 4 of these Regulations will not apply in respect of young persons who attained the age of 18 before these Regulations came into force.
These Regulations do not impose a charge on business.


(1)
1992 c. 4; section 137(1) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed”; section 137(2)(d) is substituted by paragraph 35(2) of Schedule 2 to the Jobseekers Act 1995 (c. 18).

(2)
See section 173(1)(b) of the Social Security Administration Act 1992 (c. 5).

(3)
S.I. 1991/2887.

(4)
S.I. 1987/1973.

(5)
Regulation 4 was substituted by S.I. 1992/573 and amended by S.I. 1993/2119, 1994/2139 and 1995/516.

(6)
Schedule 4 was amended by S.I. 1995/559 and 1339 and 1996/2545.

(7)
Schedule 5 was amended by S.I. 1995/482, 559 and 1339 and 1996/2545.

(8)
S.I. 1996/2545.

(9)
S.I. 1997/806.