text:
Title and commencement
1
These Regulations may be cited as the Vegetable Seeds (Amendment) Regulations 1996 and shall come into force on 1st July 1996.
Amendment of the Vegetable Seeds Regulations 1993
2
1
The Vegetable Seeds Regulations 1993 shall be amended in accordance with the provisions of this regulation.
2
In the table in paragraph 8 of Part I of Schedule 5 (sampling of seed lots) there shall be added at the end the following new line —
20,001 kg and above one primary sample for each 700 kg but not less than 40
.
3
In the table in Part II of Schedule 5 (maximum weight of a seed lot and minimum weight of a submitted sample) there shall be substituted for the figure “20” in the columns headed “Maximum lot weight (tonnes)” opposite the entries “Broad bean”, “French bean” and “Pea” in the columns headed “Kind”the figure “25”.
Tim Boswell
Parliamentary Secretary,Ministry of Agriculture, Fisheries and Food
29th May 1996
Lindsay
Parliamentary Under Secretary of State,Scottish Office
16th May 1996
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State,Welsh Office
8th May 1996


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Child Maintenance Bonus) Regulations 1996 and shall come into force on 7th April 1997.
2
In these Regulations —
“ the Act ” means the Child Support Act 1995;
“applicant”, except where regulation 8 (retirement) applies, means the person claiming the bonus;
“appropriate office” means an office of the Department of Social Security or the Department for Education and Employment;
“benefit week” —
where the relevant benefit is income support, has the meaning it has in the Income Support (General) Regulations 1987 by virtue of regulation 2(1) of those Regulations; or
where the relevant benefit is a jobseeker’s allowance, has the meaning it has in the Jobseeker’s Allowance Regulations 1996 by virtue of regulation l(3) of those Regulations;
“bonus” means a child maintenance bonus;
“bonus period” comprises the days specified in regulation 4;
“child maintenance” means any of the following payments made on or after 7th April 1997 —
child support maintenance;
maintenance paid by an absent parent to a parent with care of a qualifying child under an agreement (whether enforceable or not) between them or by virtue of an order of a court;
maintenance deducted from any benefit payable to an absent parent who is liable to maintain a qualifying child,
but does not include any maintenance paid in respect of a former partner;
“couple” means a married or an unmarried couple;
“income-based jobseeker’s allowance” has the same meaning as in the Jobseekers Act by virtue of section 1(4) of that Act;
“the Jobseekers Act” means the Jobseekers Act 1995 ;
“jobseeker’s allowance” means an income-based Jobseeker’s allowance;
“partner” means where a person, whether an applicant or otherwise, —
is a member of a married or unmarried couple, the other member of that couple;
is married polygamously to two or more members of his household, any such member; or
is a member of a marriage to which section 133(1)(b) of the Social Security Contributions and Benefits Act 1992 (polygamous marriages) refers and the other party to the marriage has one or more additional spouses, the other party;
“work condition” means the condition specified at regulation 3(1)(c).
3
Expressions used in these Regulations and in the Child Support Act 1991 have the same meaning in these Regulations as they have in that Act
4
For the purposes of these Regulations, the qualifying benefits are a jobseeker’s allowance and income support.
5
In these Regulations, where —
a
a payment is made in any benefit week by an absent parent to a person with care;
b
the absent parent pays both child maintenance and maintenance for the person with care; and
c
there is no evidence as to which form of maintenance that payment is intended to represent,
the first £5 of any such payment or, where the amount of payment is less than £5, that amount shall be treated as if it was a payment of child maintenance.
6
For the purposes of these Regulations, child maintenance is treated as payable where it is paid under an agreement which is not enforceable
7
Where a person is entitled to a qualifying benefit on any day but no qualifying benefit is payable to her in respect of that day, that person shall be treated for the purposes of these Regulations as not entitled to a qualifying benefit for that day
8
In these Regulations, unless the context otherwise requires, a reference —
a
to a numbered section is to the section of the Act bearing that number;
b
to a numbered regulation is to the regulation in these Regulations bearing that number;
c
in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number;
d
in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.
Application of the Regulations
2
1
Subject to paragraph (2), these Regulations apply only in a case where on or after 7th April 1997 an absent parent has paid child maintenance in respect of a qualifying child and that maintenance has been —
a
taken into account in determining the amount of a qualifying benefit payable to the person with care or the partner of that person; or
b
retained by the Secretary of State in accordance with section 74A(3) of the Social Security Administration Act 1992 (payment of benefit where maintenance payments are collected by the Secretary of State) .
2
Regulation 6 (Secretary of State to issue estimates) applies also where a child maintenance assessment has been made but no maintenance has been paid.
3
No day falling before 7th April 1997 shall be taken into account in determining whether any condition specified in these Regulations is satisfied or whether any period specified in these Regulations commenced.
Entitlement to a Bonus
3
1
An applicant is entitled to a bonus where —
a
she has claimed a bonus in accordance with regulation 10 (claiming a bonus);
b
the claim relates to days falling within a bonus period;
c
except where paragraph (2) applies, she satisfies the work condition, that is to say, she or her partner takes up or returns to work or increases the number of hours in which in any week she or her partner is engaged in employment or the earnings from an employment in which she or her partner are engaged is increased;
d
as a result of satisfying the work condition any entitlement to a qualifying benefit in respect of herself and, where she has a partner, her family ceases;
e
in a case where the qualifying benefit which ceased —
i
was income support, the person with care has not reached the day before her 60th birthday;
ii
was a jobseeker’s allowance, the person with care has not reached the day before she attains pensionable age,
at the time the work condition is satisfied; and the work condition is satisfied within a period of 14 days following the last day in respect of which a qualifying benefit is payable.
2
A person who is absent from work because of a trade dispute at her place of work and returns to work with the employer she worked for before the dispute began, does not thereby satisfy the requirements of paragraph (1)(c).
3
In paragraph (2), “place of work”, in relation to any person, means the premises at which she was employed.
4
An applicant is also entitled to a bonus where she satisfies the requirements specified in regulation 8 (retirement).
Bonus Period
4
1
A bonus period comprises only days falling on or after 7th April 1997 on which —
a
the applicant or, where the applicant has a partner, her partner is entitled to, or is treated as entitled to a qualifying benefit whether it is payable or not;
b
the applicant has residing with her a qualifying child; and
c
child maintenance is either —
i
taken into account in determining the amount of the applicant’s income for the purposes of the qualifying benefit; or
ii
retained by the Secretary of State in accordance with section 74A(3) of the Social Security Administration Act 1992 .
2
Any two or more bonus periods separated by any one connected period shall be treated as one bonus period
3
For the purposes of these Regulations, “a connected period” is —
a
any period of not more than 12 weeks falling between two bonus periods to which paragraph (1) refers;
b
any period of not more than 12 weeks throughout which —
i
no qualifying child resides with the applicant; or
ii
the applicant ceases to be entitled to a qualifying benefit on becoming one of a couple and the couple fail to satisfy the conditions of entitlement to a qualifying benefit; or
c
any period throughout which maternity allowance is payable to the applicant; or
d
any period of not more than 2 years throughout which incapacity benefit, severe disablement allowance or invalid care allowance is payable to the applicant.
4
In calculating any period for the purposes of paragraph (3) no regard shall be had to any day which falls before 7th April 1997.
5
Bonus periods separated by two or more connected periods shall not link to form a single bonus period but shall instead remain separate bonus periods.
6
Where a qualifying child is temporarily absent for a period not exceeding 12 weeks from the home he shares with the applicant, the applicant shall be treated as satisfying the requirements of paragraph (1)(b) throughout that absence.
7
A bonus period which would, but for this paragraph, have continued shall end —
a
where the applicant or, where the applicant has a partner, her partner, satisfies the work condition and claims a bonus, on the last day of entitlement to a qualifying benefit to which any award made on that claim applies; or
b
where the person with the care of the child or her partner dies, on the date of death.
Amount payable
5
1
The amount of the bonus shall be —
a
subject to the following provisions of this regulation, a sum representing the aggregate of —
i
£5 for each benefit week in the bonus period in which the amount of child maintenance payable was not less than £5; and
ii
where in any benefit week in the bonus period the amount of child maintenance payable was less than £5, the amount that was payable;
b
the amount of the child maintenance paid in the bonus period; or
c
£1,000,
whichever amount is the least
2
Where the amount of child maintenance a person was liable to pay in any benefit week in the bonus period was less than £5 but the amount actually paid was higher than the amount he was required to pay, then for the purposes of paragraph (1)(a) the weekly amount to be taken into account shall be the amount the person was liable to pay.
3
So much of any child maintenance paid in excess of the amount either —
a
declared for the purposes of determining the amount of qualifying benefit payable to the applicant or her partner; or
b
retained by the Secretary of State in accordance with section 74A(3) of the Social Security Administration Act 1992,
shall be disregarded in determining the amount payable under paragraph (1).
4
Where the child maintenance paid is child support maintenance, the amount of child maintenance to be taken into account in accordance with paragraph (1) shall be such amount as may in the particular case be certified by the child support officer.
5
Where but for this paragraph the amount of bonus payable in accordance with paragraph (1) would be less than £5, the amount of the bonus shall be Nil.
Secretary of State to issue estimates
6
1
Where it appears to the Secretary of State that a person who is in receipt of a qualifying benefit, or the partner of such a person, may satisfy the requirements of regulation 3 (entitlement to a bonus) he may issue to the person in receipt of the qualifying benefit a written statement of the amount he estimates may be payable by way of a bonus in his particular case, and may provide such further statements as appear appropriate in the circumstances, stating the amount he estimates may be payable.
2
The issue by the Secretary of State of a statement under paragraph (1) shall not be binding on the adjudication officer when he makes his determination on a claim for a bonus as t0 —
a
whether the applicant satisfies the conditions of entitlement to the bonus; and
b
the amount, if any, payable where the bonus is awarded.
Death of a person with care of a child
7
1
In a case where —
a
the person (A) with care of a child in respect of whom child maintenance is payable dies;
b
on the date of her death, the person (A) was entitled or, where she has a partner, her partner was entitled to a qualifying benefit or had been so entitled within the 12 weeks ending on the date of her death;
c
after the death, another person (B), who is a close relative of the person (A) and who was not before the death a person with the care of the child, becomes the person with care; and
d
that other person was entitled or, where the other person has a partner, the other person or her partner was entitled to a qualifying benefit on the day the person (A) died or becomes entitled to a qualifying benefit within 12 weeks of the day on which the person (A) was last entitled to a qualifying benefit,
then any weeks forming part of the bonus period of the person (A) which was current at the date of her death or within 12 weeks of the date on which she died shall be treated as part of the bonus period of the person (B) to the extent that those weeks are not otherwise a part of her bonus period.
2
In this Regulation, “close relative” means a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, sister, or the spouse of any of the preceding persons or, if that person is one of an unmarried couple, the other member of that couple.
Retirement
8
1
In a case where the person with care of the child in respect of whom child maintenance is payable (the applicant) or the applicant’s partner, either —
a
is entitled to income support on the day before the applicant attains the age of 60; or
b
is entitled to a jobseeker’s allowance on the day before the applicant attains pensionable age,
the bonus period shall end on the day before the applicant attains 60 or, as the case may be, pensionable age and a bonus shall become payable to the applicant whether or not a claim is made for it.
2
Where an applicant who ceases to be entitled to a jobseeker’s allowance after attaining the age of 60 without satisfying the condition in paragraph (1)(b) above, becomes entitled to income support within —
a
a period of 12 weeks of him ceasing to be entitled to a jobseeker’s allowance; or
b
the duration of any connected period to which regulation 4(3) applies which immediately follows such an entitlement and which applies in his case,
he shall be entitled to the bonus as though paragraph (1) were satisfied in his case and his bonus period shall be treated as though it ended on the day he becomes entitled to income support.
3
No day which falls after the day the bonus period ends in accordance with paragraph (1) or (4) or is treated as ending in accordance with paragraph (2), shall form part of that or any other bonus period.
4
Paragraph (5) shall apply where —
a
the applicant or the applicant’s partner —
i
ceased to be entitled to income support in the 12 weeks preceding the date of the applicant attaining the age of 60;
ii
ceased to be entitled to a jobseeker’s allowance in the 12 weeks preceding the date of the applicant attaining pensionable age; and
b
the person who ceased to be so entitled failed to satisfy the requirements of regulation 3(1)(c) to (f).
5
Where this paragraph applies —
a
the bonus period shall end on the day entitlement to the qualifying benefit ceased; and
b
a bonus shall become payable to the applicant, but only where a claim is made for it in accordance with regulation 10 (claiming a bonus).
6
In this regulation, “applicant” includes, where no claim is made, a person who would have been an applicant had a claim for a bonus been required.
Couples
9
1
In the case of a couple, the person entitled to the bonus is the person who has the care of the child and to whom child maintenance is payable in respect of that child.
2
Where each member of a couple has both the care of a child and child maintenance is payable in respect of the child for whom they have care, each of them may qualify for a bonus in accordance with these Regulations where a qualifying benefit ceases to be payable to either of them because one of them, whether or not the person to whom the benefit was payable, satisfies the work condition.
3
A member of a couple to whom paragraph (2) applies shall not qualify for a bonus unless she claims it in accordance with regulation 10 (claiming a bonus).
4
Subject to paragraph (5), these Regulations shall apply to both members of a couple who separate as if they had never been one of a couple.
5
In the case of a couple who separate any entitlement to a qualifying benefit of one member of the couple during the time they were a couple shall be treated as the entitlement of both members of the couple for the purpose only of determining whether any day falls within a bonus period.
Claiming a bonus
10
1
A claim for a bonus shall be made in writing on a form approved for the purpose by the Secretary of State and shall be made —
a
not earlier than the beginning of the benefit week which precedes the benefit week in which an award of a qualifying benefit comes to an end, and
b
except in a case to which sub-paragraph (c) or (d) applies, not later than 28 days after the day the qualifying benefit or entitlement to the qualifying benefit ceases; or
c
where —
i
a parent with care cares for one child only; and
ii
that child dies,
in the period not exceeding 12 months which begins on the date the child died and throughout which she was entitled to a relevant benefit; or
d
in the case of a person to whom regulation 8(4) refers, not later than 28 days after the day the applicant attains the age of 60 or, as the case may be, pensionable age.
2
A claim for a bonus shall be delivered or sent to an appropriate office.
3
If a claim is defective at the time it is received, the Secretary of State may refer the claim to the person making it and if the form is received properly completed within one month, or such longer period as the Secretary of State may consider reasonable, from the date on which it is so referred, the Secretary of State may treat the claim as if it had been duly made in the first instance.
4
A claim which is made on the form approved for the time being is, for the purposes of paragraph (3), properly completed if it is completed in accordance with instructions on the form and defective if it is not.
5
A person who claims a bonus shall furnish such certificates, documents, information and evidence in connection with the claim, or any questions arising out of it, as may be required by the Secretary of State and shall do so within one month of being required to do so or such longer period as the Secretary of State may consider reasonable.
6
Where a person who has attained the age of 60 but has not attained pensionable age for the purposes of a jobseeker’s allowance ceases to be entitled to a jobseeker’s allowance and becomes instead entitled to income support, regulation 8 (retirement) and this regulation shall apply in his case as if he attained the age of 60 on the day he first became entitled to income support.
Claims: further provisions
11
1
A person who has made a claim may amend it at any time by notice in writing received at an appropriate office before a determination has been made on the claim, and any claim so amended may be treated as if it had been so amended in the first instance.
2
A person who has made a claim may withdraw it at any time before a determination has been made on it, by notice to an appropriate office and any such notice of withdrawal shall have effect when it is received.
3
The date on which the claim is made shall be —
a
in the case of a claim which meets the requirements of regulation 10(1), the date on which it is received at an appropriate office; or
b
in the case of a claim treated under regulation 10(3) as having been duly made, the date on which the claim was received in an appropriate office in the first place.
4
Where the applicant proves there was good cause throughout the period from the expiry of the 28 days specified in regulation 10(1), for failure to claim the bonus within the specified time, the time for claiming the bonus shall be extended to the date on which the claim is made or to a period of 6 months, whichever is the shorter period.
Payment of bonus
12
A bonus calculated by reference to child maintenance paid during periods of entitlement to a jobseeker’s allowance and to income support shall be treated as payable —
a
wholly by way of a jobseeker’s allowance, where the qualifying benefit last in payment in the bonus period was a jobseeker’s allowance; or
b
wholly by way of income support, where the qualifying benefit last in payment in the bonus period was income support.
Payments on death
13
1
Where a person satisfies the requirements for entitlement to a bonus other than the need to make a claim, but dies within 28 days of the last day of entitlement to a qualifying benefit, the Secretary of State may appoint such person as he may think fit to claim a bonus in place of the deceased person.
2
Where the conditions specified in paragraph (3) are satisfied, a claim may be made by the person appointed for the purpose of claiming a bonus to which the deceased person would have been entitled if he had claimed it in accordance with regulation 10 (claiming a bonus).
3
Subject to the following provisions of this regulation, the following conditions are specified for the purposes of paragraph (2) —
a
the application to the Secretary of State to be appointed a fit person to make a claim shall be made within 6 months of the date of death; and
b
the claim shall be made in writing within 6 months of the date the appointment was made.
4
Subject to paragraphs (5) and (6), the Secretary of State may, in exceptional circumstances, extend the period for making an application or a claim to such longer period as he considers appropriate in the particular case.
5
Where the period is extended in accordance with paragraph (4), the period specified in paragraph (3)(a) or (b) shall be shortened by a corresponding period.
6
The Secretary of State shall not extend the period for making an application or a claim in accordance with paragraph (4) for more than 12 months from the date of death, but in calculating that period any period between the date when an application for a person to be appointed to make a claim is made and the date when the Secretary of State makes the appointment shall be disregarded.
7
A claim made in accordance with paragraph (2) shall be treated, for the purposes of these Regulations, as if made on the date of the deceased’s death.
Bonus to be treated as capital for certain purposes
14
Any bonus paid to an applicant shall be treated as capital of hers for the purposes of —
a
housing benefit;
b
council tax benefit;
c
family credit;
d
disability working allowance;
e
income support;
f
a jobseeker’s allowance.
Capital to be disregarded
15
There shall be added as —
a
paragraph 48 of Schedule 4 to the Disability Working Allowance (General) Regulations 1991 (capital to be disregarded);
b
paragraph 49 of Schedule 3 to the Family Credit (General) Regulations 1987 ;
c
paragraph 50 of Schedule 5 to the Council Tax Benefit (General) Regulations 1992 (capital to be disregarded); and
d
paragraph 50 of Schedule 5 to the Housing Benefit (General) Regulations 1987 (capital to be disregarded),
the following paragraph —
The amount of any child maintenance bonus payable by way of a jobseeker’s allowance or income support in accordance with section 10 of the Child Support Act 1995 , or a corresponding payment under Article 4 of the Child Support (Northern Ireland) Order 1995 , but only for a period of 52 weeks from the date of receipt.
.
No deduction from bonus
16
1
The amendments specified in this regulation shall have effect so as to prevent deductions being made from any sum payable by way of bonus.
2
In the Social Security (Claims and Payments) Regulations 1987 —
a
in Schedule 9 (deductions from benefit for direct payments), in paragraph 1, in the definition of “specified benefit”, at the end there shall be added the words “but does not include any sum payable by way of child maintenance bonus in accordance with section 10 of the Child Support Act 1995) and the Child Maintenance Bonus Regulations 1996;”;
b
in Schedule 9A (Deduction of Mortgage interest from benefit and payment to qualifying lenders) in paragraph 1, in the definition of “relevant benefits” at the end there shall be added the words “but does not include any sum payable by way of child maintenance bonus in accordance with section 10 of the Child Support Act 1995 and the Child Maintenance Bonus Regulations 1996;”.
3
In the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988 in regulation 16(8), in the definition of “specified benefit”, at the end there shall be added the words “but does not include any sum payable by way of child maintenance bonus in accordance with section 10 of the Child Support Act 1995 and the Child Maintenance Bonus Regulations 1996;”.
4
In the Social Fund (Recovery by Deductions from Benefits) Regulations 1988 , after regulation 3 there shall be inserted the following regulation —
Child Maintenance Bonus
4
In regulation 3 above, income support and a jobseeker’s allowance do not include any sum payable by way of child maintenance bonus in accordance with section 10 of the Child Support Act 1995 and the Child Maintenance Bonus Regulations 1996.
.
Signed by authority of the Secretary of State for Social Security
A. J. B. Mitchell
Parliamentary Under-Secretary of State,
Department of Social Security
18th December 1996


text:
Citation and interpretation
1
1
This Order may be cited as the Housing Grants, Construction and Regeneration Act 1996 (Commencement No. 2 and Revocation, Savings, Supplementary and Transitional Provisions) Order 1996.
2
In this Order —
“the 1996 Act ” means the Housing Grants, Construction and Regeneration Act 1996;
“the 1989 Act ” means the Local Government and Housing Act 1989 ;
and expressions used in this Order and in Part VIII (grants towards cost of improvements and repairs, etc. ) of the 1989 Act have the same meaning in this Order as they have in that Part.
Provision coming into force on 13th November 1996
2
So much of section 31 (determination of amount of grant in case of landlord’s application) of the 1996 Act as confers on the Secretary of State a power to make regulations shall come into force on 13th November 1996.
Provisions coming into force on 17th December 1996
3
The following provisions of the 1996 Act (in so far as not already in force) shall come into force on 17th December 1996 —
sections 1 to 59 in Chapter 1 (the main grants),
sections 60 to 73 and 75 in Chapter II (group repair schemes) of Part I (grants, &c. for renewal of private sector housing),
sections 76 to 78 and 80 in chapter III (home repair assistance) of that Part,
sections 81 to 85, 87, 88, 90 and 91 in chapter IV (deferred action notices, &c.) of that Part,
sections 92, 93 and 95 to 103 in Chapter V (supplementary provisions) of that Part, and
subject to article 8, section 147 (repeals and revocations), in so far as it relates to Part I of Schedule 3.
Provisions coming into force on 1st April 1997
4
Part III (architects) (and Schedule 2) (in so far as not already in force) and section 147, in so far as it relates to Part II of Schedule 3, of the 1996 Act shall come into force on 1st April 1997.
Transitional and supplementary provision
5
1
This article applies to applications made after 2nd February 1996 under Part VIII of the 1989 Act for grant of a description mentioned in section 101 (grants for improvements and repairs) of that Act which have not been approved or refused before 17th December 1996.
2
Where, in accordance with section 102(4) of the 1996 Act, an application to which this article applies is to be dealt with after 16th December 1996 as if sections 112 and 113 of the 1989 Act were omitted from that Part, that Part shall apply in relation to that application with the following further adaptations —
a
in section 107 (certain dwellings and works excluded from grant aid —
i
for subsection (1) substitute —
1
In each of the cases in subsection (2) below, the local housing authority may not approve an application for a grant unless completion of the relevant works is necessary to comply with a notice under section 189 (repair notice requiring works to render premises fit for human habitation), section 190 (repair notice in respect of house in state of disrepair but not unfit) or section 352 (notice requiring works to render premises fit for number of occupants) of the Housing Act 1985.
;
ii
for subsection (5) substitute —
5
A local housing authority may not approve an application for an HMO grant so far as it relates to works which related to means of escape from fire or other fire precautions unless completion of those works is necessary to comply with a notice under section 189, 190 or 352 of the Housing Act 1985.;
b
in section 108 (restriction on grants for works already begun) —
i
for subsection (2) substitute —
2
Subsection (1) above does not apply if completion of the relevant works is necessary to comply with a notice under section 189, 190 or 352 of the Housing Act.
; and
ii
in subsection (4), in paragraph (b), for the words “sections 112, 114 and 115 below” substitute the words “sections 114 and 115 below”;
c
after section 108 insert the following section —
Restriction on grants where more satisfactory course of action available
108A
1
This subsection applies to applications for grant in respect of —
a
works necessary to render a dwelling fit for human habitation;
b
works to premises in a state of disrepair; or
c
works to enable a house in multiple occupation to meet one or more of the requirements in section 352(1A) of the Housing Act 1985;
(whether or not any notice has been served under section 189, 190 or 352 of that Act in respect of the dwelling premises or house concerned).
2
A local housing authority may not approve an application to which subsection (1) applies unless —
a
they have determined that the dwelling, premises or house concerned is not fit for human habitation; and
b
they are satisfied that completion of the relevant works is the most satisfactory course of action.
3
Section 604 (fitness for human habitation) of the Housing Act 1985 applies for the purposes of this Part as it applies for the purposes of that Act.
4
In deciding whether they are satisfied that the carrying out of the relevant works is the most satisfactory course of action in a case where the dwelling, premises or house concerned is unfit for human habitation, the local housing authority shall have regard to any guidance given under section 604A of the Housing Act 1985.
For that purpose the authority shall treat any guidance given in respect of the serving of a repair notice under section 189(1) of that Act as guidance given in respect of the completion of the relevant works.
;
d
in section 115 (discretionary approval of certain applications), in subsection (3) —
i
at the end of paragraph (f) omit the word “and”;
ii
at the end of paragraph (g) insert —
h
to ensure that the dwelling is fit for human habitation; and
i
to ensure that there is compliance with the requirements of any notice served under section 352 of the Housing Act 1985 with respect to the house.;
e
in section 116 (approval and refusal of applications), in subsection (2), in paragraph (d) for the words “sections 109 to 115 above” substitute the words “sections 109 to 111, 114 and 115 above”; and
f
in section 134 (cases in which grants may be re-calculated, withheld or repaid), in subsection (1), for paragraph (c) substitute —
c
the authority ascertain that without their knowledge the eligible works were started before the application was approved and the application was not in respect of works whose completion was necessary to comply with a notice under section 198, 190 or 352 of the Housing Act 1985.
Further supplementary provision
6
1
The local housing authority shall, not later than 11th March 1997, send a notice in writing to each person from whom they have received an application to which article 5 applies.
2
A notice under paragraph (1) shall state —
a
that the application is one to which section 102(4) of the 1996 Act applies;
b
that the local housing authority are no longer required to approve the application; and
c
that approval of the application is a matter for the discretion of the local housing authority.
3
The local housing authority shall send with the notice under paragraph (1) —
a
a copy of section 102 of the 1996 Act,
b
a copy of this Order, and
c
a summary of the general effect of that section and this Order.
Revocations
7
Subject to article 8(2), the subordinate legislation listed in the Schedule to this Order is hereby revoked.
Savings
8
1
Section 132 of the 1989 Act (contributions by the Secretary of State) shall continue to have effect for purposes connected with applications under section 461 (grant applications) of the Housing Act 1985 approved by a local housing authority before 1st July 1990.
2
Subject to article 5, Part VIII of the 1989 Act and the subordinate legislation listed in the Schedule to this Order shall continue to have effect in relation to —
a
any common parts grant, disabled facilities grant, HMO grant, renovation grant or minor works assistance approved under that Part before 17th December 1996;
b
any group repair scheme approved under section 127 of the 1989 Act before that date; and
c
any application made before that date for any such grant assistance as is mentioned in paragraph (a).
3
For the purposes of paragraph (2)(b), the date of approval of a scheme not submitted for specific approval shall be taken to be the date on which the local housing authority that prepared the scheme decided that the scheme fulfilled the criteria for general approval
Signed by authority of the Secretary of State for the Environment.
David Curry
Minister of State,
Department of the Environment
12th November 1996


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Contributions) Amendment Regulations 1996 and shall come into force on 6th April 1996.
Amendment of the Social Security (Contributions) Regulations 1979
2
In regulation 98 of the Social Security (Contributions) Regulations 1979 (modification of provisions of the Social Security Contributions and Benefits Act 1992 in relation to share fishermen) , in paragraph (c) (weekly rate of any Class 2 contributions payable by share fishermen) for the sum of “£7.30” there shall be substituted the sum of “£7.20”.
Signed by authority of the Secretary of State for Social Security.
Oliver Heald
Parliamentary Under-Secretary of State,
Department of Social Security
29th February 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Authorities (Members' Allowances) (Amendment) Regulations 1996 and shall come into force on 1st April 1996 (“the commencement day”).
2
In these Regulations `the principal regulations' means the Local Authorities (Members' Allowances) Regulations 1991 .
National Park authorities
2
1
The principal regulations are amended as follows .
2
In regulation 3 (bodies prescribed for the purposes of travelling, subsistence and conference etc. allowances) there is added at the end —
and for the purposes of sections 174 and 175 of the 1972 Act a National Park authority shall be treated as a local authority within the meaning of paragraph (a) above.
.
3
In regulation 5 (application of Part II) —
a
there is substituted for paragraph (1) —
1
This Part applies —
a
in England, to a county, district or London borough council, and the Council of the Isles of Scilly;
b
in Wales, to a county or county borough council;
c
to any joint authority, and
d
to any National Park authority;
and in relation to a National Park authority references in this Part to a councillor shall (subject to paragraph (2)(b)) be construed as references to a member of that authority appointed by a principal council or the Secretary of State.
; and
b
in paragraph (2)(b), after “joint authority”, there are added the words “or a National Park authority”.
4
In regulation 10 (attendance allowances), after paragraph (2) there is inserted —
2A
A scheme made by the council for a principal area shall not provide for the payment of an attendance allowance in respect of any duty carried out by a member of the authority who is a councillor in his capacity as a member of a National Park authority appointed by that authority.
5
In regulation 24 (paying certain allowances), there is added at the end —
and for the purposes of this regulation a National Park authority shall be treated as a local authority within the meaning of paragraph (a) and as a combined body all the members of which are representatives of local authorities within the meaning of paragraph (b).
National parks: transitional provision
3
Each National Park authority established for a National Park in England shall as soon as practicable after the day on which it is established make a scheme in accordance with the principal regulations for the payment of allowances for the period beginning on that day and ending with the end of the year in which that day falls, and for subsequent years.
Increase of allowances
4
1
The principal regulations are amended as follows.
2
In regulation 17(2) (allowance in respect of conferences and meetings) for “£26.20” there is substituted, in relation to attendance at a conference or meeting on or after the commencement day, “£26.96”.
3
In regulation 18(1) (attendance allowance) for “£26.20” there is substituted, in respect of an approved duty performed on or after the commencement day, “£26.96”.
4
In regulation 18(2) (financial loss allowance), in respect of an approved duty performed on or after the commencement day —
a
in paragraph (a) for “£22.30” there is substituted “£23.10”; and
b
in paragraphs (b) and (c), for “£44.60” there is substituted “£46.21”.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
22nd February 1996
Gwilm Jones
Parliamentary Under-Secretary of State, Welsh Office
28th February 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Back to Work Bonus) Regulations 1996 and shall come into force on 7th October 1996.
2
In these Regulations —
“ the Act ” means the Jobseekers Act 1995;
“applicant” means the person claiming the bonus;
“bonus” means a back to work bonus;
“bonus period” means a period beginning on the first day of entitlement to a qualifying benefit in a period of entitlement to a qualifying benefit which falls after the waiting period and ends on the last day of that period of entitlement;
“claim” means a claim made in accordance with regulation 23;
“couple” means a married or an unmarried couple;
“earnings” means any earnings which are paid within the bonus period and which —
where the qualifying benefit is income support, are net earnings or net profit within the meaning of regulation 2 of the Income Support Regulations or are treated as earnings in accordance with regulation 42(5) or (6) of the Income Support Regulations, or
where the qualifying benefit is a jobseeker’s allowance, are earnings for the purposes of the Act by virtue of section 35(3) or are treated as earnings in accordance with regulations made under section 12(4)(a) (income and capital);
“the Income Support Regulations” means the Income Support (General) Regulations 1987 ;
“employment” includes any trade, business, profession, office or vocation;
“partner” means where the person —
is a member of a married or unmarried couple, the other member of that couple;
is married polygamously to two or more members of his household, any such member;
“pensionable age” has the meaning it has in section 122(1) of the Benefits Act;
“period of entitlement to a qualifying benefit” shall be construed in accordance with regulations 2 and 3;
“training” means training for which a training allowance is payable;
“training allowance” means an allowance (whether by way of periodical grants or otherwise) payable —
out of public funds by a Government department or by or on behalf of the Secretary of State for Education and Employment, Scottish Enterprise or Highlands and Islands Enterprise; and
to a person for his maintenance or in respect of a member of his family; and
for the period, or part of the period, during which he is following a course of training or instruction provided by, or in pursuance of arrangements made with, that department or approved by that department in relation to him or so provided or approved by or on behalf of the Secretary of State for Education and Employment, Scottish Enterprise or Highlands and Islands Enterprise,
but it does not include an allowance paid by any Government department to or in respect of a person by reason of the fact that he is following a course of full-time education, other than under arrangements made under section 2 of the Employment and Training Act 1973 , or is training as a teacher;
“waiting period” means the period of 91 consecutive days to which regulation 6 refers;
“week” means a period of 7 days;
“work condition” has the meaning it has in regulation 7(2)(b).
3
For the purposes of these Regulations the qualifying benefits are a jobseeker’s allowance and income support.
4
In these Regulations, unless the context otherwise requires, a reference —
a
to a numbered section is to the section of the Act bearing that number;
b
to a numbered regulation is to the regulation in these Regulations bearing that number;
c
in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number;
d
in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.
Period of entitlement to a qualifying benefit
2
1
A period of entitlement to a qualifying benefit comprises only days on which a person is entitled to, or treated as entitled to a qualifying benefit.
2
Subject to paragraph (4), any two or more periods of entitlement to a qualifying benefit separated by an intervening period specified in paragraph (3) shall link together to form a single period of entitlement to a qualifying benefit.
3
The intervening periods specified in this paragraph are —
a
any connecting period for the purposes of regulation 4;
b
any period of not more than 12 weeks falling between —
i
two periods of entitlement to a qualifying benefit;
ii
two connecting periods;
iii
a connecting period and a period of entitlement to a qualifying benefit.
4
A period of entitlement to a qualifying benefit which would but for this paragraph have continued, shall end —
a
where the applicant satisfies the work condition and claims a bonus, on the last day of entitlement to a qualifying benefit which precedes the day on which he first satisfies those requirements;
b
where the person dies, on the date of his death.
Period of entitlement to a qualifying benefit: further provisions
3
1
Any day falling within a period during which a jobseeker’s allowance is not payable in accordance with section 19 shall be treated as a day of entitlement to a qualifying benefit only if and for so long as the claimant complies with the requirements as to attendance and the provision of information and evidence contained in regulations made in accordance with section 8(1).
2
Any day falling within a period during which a jobseeker’s allowance is not payable by virtue of section 4(1) solely because of deductions in respect of pension payments shall be treated as a day of entitlement to a qualifying benefit only if and for so long as the claimant complies with requirements as to attendance contained in regulations made in accordance with section 8(1) for the purpose of obtaining any credit in accordance with section 22(5) of the Benefits Act.
3
Except as provided in paragraphs (1) and (2), no day falling within a period in which a person has an entitlement to a qualifying benefit but —
a
no benefit is payable; or
b
the weekly amount of benefit which is payable is less than 10p or in the case of a person to whom section 14 (trade disputes) applies, £5,
shall be treated as a day of entitlement to a qualifying benefit.
4
Paragraph (5) applies in the case of a person (“the recipient”) who has not been entitled to a qualifying benefit, but —
a
was the partner of a person who has died and that person was entitled to a qualifying benefit other than a contribution-based jobseeker’s allowance immediately before his death; or
b
has separated from a partner who at the date of separation had been entitled to a qualifying benefit other than a contribution-based jobseeker’s allowance; or
c
is one of a couple whose partner has been entitled to a qualifying benefit other than a contribution-based jobseeker’s allowance but where entitlement for the qualifying benefit ceased to be that of the partner and became instead that of the recipient.
5
Where this paragraph applies and paragraph (6) is satisfied in the case of a recipient to whom paragraph (4) applies, the period of entitlement to a qualifying benefit established by the recipient’s partner shall be treated as if it had also been established by the recipient.
6
In the case of a recipient to whom paragraph (4) refers, paragraph (5) applies only where the recipient makes a claim for a qualifying benefit within 12 weeks of the date on which —
a
the partner died; or
b
the couple separated; or
c
where paragraph (4)(c) applies, the partner’s entitlement to the qualifying benefit ceased.
Connecting period
4
1
Subject to the following provisions of this regulation, a connecting period arises where —
a
a person ceases to be entitled to a qualifying benefit because he attends training, except where the person enters into a contract of service with the provider of the training, and lasts throughout the period of training;
b
a person ceases to be entitled to a qualifying benefit because he is summoned for jury service in respect of any day, and lasts throughout the period to which the summons applies;
c
a person ceases to be entitled to a qualifying benefit because a maternity allowance becomes payable, and lasts throughout the period maternity allowance is payable to the person;
d
a person ceases to be entitled to a qualifying benefit and in respect of the whole or part of the period of 12 weeks immediately following the day he ceases to be entitled, he becomes entitled (“the new entitlement”) to any one of the following benefits —
i
incapacity benefit;
ii
severe disablement allowance; or
iii
invalid care allowance;
and the connecting period lasts until the new entitlement ends or until the expiration of a period of 2 years from the date in respect of which the new entitlement began, whichever is the earlier; or
e
a person ceases to be entitled to one of the benefits mentioned in sub-paragraph (d) above and in respect of the whole or part of the period of 12 weeks immediately following the day he ceases to be so entitled, he becomes entitled to the same or another of those benefits, and the connecting period lasts until the end of the period of entitlement to that benefit or until the expiration of the period of 2 years from the day in respect of which the new entitlement mentioned in sub-paragraph (d) began, whichever is the earlier.
2
Notwithstanding paragraph (2)(e) where two periods of incapacity for work within the meaning of section 30C(1) of the Benefits Act are separated by a period of more than 8 weeks, the second of those periods is only a connecting period where in the weeks between the two periods of incapacity for work, the person was entitled to a qualifying benefit which ceased with the onset of the second of those periods of incapacity for work.
3
In any relevant period, only one connecting period which arises in accordance with paragraph (1)(d) shall apply in any particular case, and for this purpose, a “relevant period” is the period which falls between periods of entitlement to a qualifying benefit.
4
For the purposes of paragraph (1)(e) any part of the period of up to 12 weeks mentioned in that sub-paragraph in which the person was not entitled to one of the benefits to which paragraph (1)(d) refers shall be disregarded in determining the period of 2 years.
Periods of entitlement which do not qualify
5
1
The periods specified in paragraph (3) shall be treated for the purposes of these Regulations as periods in which a person is not entitled to a qualifying benefit.
2
Any sums earned in a period specified in paragraph (3) shall not be taken into account in determining —
a
whether a person has earnings from employment; or
b
the amount of those earnings.
3
The periods specified in this paragraph are any period during which —
a
interim payments were made to the person in accordance with regulation 2 of the Social Security (Payments on Account, Overpayments and Recovery) Regulations 1988 and in respect of which no award of a qualifying benefit was subsequently made to him;
b
subject to paragraph (4), the person’s applicable amount is determined in accordance with Part VI of the Income Support Regulations (urgent cases) or with any corresponding provisions having effect in connection with a jobseeker’s allowance and made under section 4(5); or
c
the person is entitled to a jobseeker’s allowance in accordance with regulations made under section 20(4) of, or section 21 of and paragraph 9 or 10 of Schedule 1 to the Act because —
i
he fails to satisfy any one or more of the conditions specified in section 1(2)(a) to (c) (availability for and actively seeking employment), or
ii
subject to paragraph (5), he has submitted a claim for a jobseeker’s allowance but the adjudication officer has not determined whether those conditions are satisfied.
4
Paragraph (3)(b) shall not apply in the case of a person to whom —
a
regulation 70(2)(a) of the Income Support Regulations (certain persons from abroad); or
b
any corresponding regulation having effect in connection with a jobseeker’s allowance and made under section 4(5),
applies.
5
Paragraph (3)(c)(ii) shall not apply to any period in respect of which the claim for a jobseeker’s allowance is determined by the adjudication officer in the claimant’s favour.
Waiting period
6
1
A person shall not be entitled to a bonus unless he has served or is treated as having served a waiting period.
2
A waiting period is the period comprising the first 91 days in a period of entitlement to a qualifying benefit in which the claim for the bonus is made or which precedes a claim made in accordance with regulation 23(1)(b).
Requirements for a bonus
7
1
An applicant who has served a waiting period shall be entitled to a bonus where he satisfies any one of the conditions set out in paragraphs (2) to (5).
2
The first condition is that —
a
he or his partner has or had earnings of which a part only has been disregarded in determining the amount of those earnings for the purposes of a qualifying benefit;
b
he or his partner takes up or returns to or increases the number of hours in which in any week he or his partner is engaged in employment or the earnings from an employment in which he or his partner is engaged are increased (“the work condition”), and —
i
that employment results, or
ii
those earnings result, or
iii
the increase in the number of hours and an increase in earnings together result, in entitlement to a qualifying benefit (other than a partner’s entitlement to a contribution-based jobseeker’s allowance) in respect of himself, and where he has a partner, his family, ceasing;
c
he claims the bonus before the end of a period of 12 weeks immediately following the day in respect of which entitlement to the qualifying benefit ceased as mentioned in sub-paragraph (b); and
d
in a case where the qualifying benefit to which the person was entitled —
i
was income support, he has not attained the age of 60; or
ii
was a jobseeker’s allowance, he has not attained pensionable age,
at the time the work condition was satisfied.
3
The second condition is that —
a
within 14 days of his ceasing to be entitled to a qualifying benefit he or his partner satisfy the work condition;
b
had the work condition been satisfied on the day he was last entitled to a qualifying benefit, that entitlement would as a consequence have ceased;
c
he satisfies the requirements of paragraph (2)(a) and (d); and
d
he claims the bonus within 12 weeks of his ceasing to be entitled to a qualifying benefit.
4
The third condition is that —
a
the applicant has undertaken training;
b
entitlement to the qualifying benefit ceased in consequence of the payment of a training allowance;
c
within 14 days of the completion of the training he takes up employment —
i
of 16 or more hours per week; or
ii
from which his weekly earnings equal or exceed the amount of the training allowance payable to him in the last week of training;
d
he claims the bonus before the end of the period of 12 weeks immediately following the day on which the training ceased;
e
he satisfies the requirements specified in paragraph (2)(a); and
f
in a case where the qualifying benefit to which the person was entitled —
i
was income support, he has not attained the age of 60; or
ii
was a jobseeker’s allowance, he has not attained pensionable age,
at the time he took up the employment.
5
The fourth condition is that —
a
the applicant is formerly one of a couple who have separated;
b
at the date of separation, either the applicant or his partner was entitled to a qualifying benefit;
c
had he been entitled to a qualifying benefit on the day of separation, the amount of the qualifying benefit payable to him would have been less than the applicable amount in his case because of the amount of his earnings;
d
within 14 days of the separation, he satisfies the work condition and is engaged in employment for 16 hours or more per week;
e
he satisfies the requirements specified in paragraph (2)(a) and (d); and
f
he claims the bonus within 12 weeks of the day on which the separation occurred.
6
For the purpose of determining whether any of the above conditions are satisfied, any change of circumstance other than those specified in the preceding provisions of this regulation which occurred at the same time as a change specified in those provisions and which would of itself have resulted in a loss of entitlement to a qualifying benefit shall be disregarded.
7
A person who —
a
claims, or whose partner claims, a qualifying benefit within 12 weeks of the day in respect of which his last previous entitlement to a qualifying benefit ceased; and
b
has not made and whose partner has not made a claim for a bonus before the claim for the qualifying benefit is made,
shall be treated as not satisfying the requirements of paragraph (2)(c).
Amount payable
8
1
Subject to the following provisions of these Regulations, the amount of the bonus payable to an applicant shall be the aggregate of —
a
half the amount of that part of the applicant’s earnings which are paid in any week falling either wholly or partly within the bonus period, but which are not disregarded in accordance with regulation 36(2) or 38(2) of, and paragraphs 4 to 9 of Schedule 8 to the Income Support Regulations or, as the case may be, any corresponding regulations having effect in relation to a jobseeker’s allowance; and
b
where the person is one of a couple or a member of a polygamous marriage, half the amount of the partner’s earnings which are not disregarded in accordance with the provisions mentioned in sub-paragraph (a).
2
Earnings paid in any week in respect of which the person is entitled to a qualifying benefit but has an applicable amount of Nil, shall be disregarded for the purposes of determining the amount of any bonus payable in his case.
3
Paragraph (1)(b) shall not apply where the qualifying benefit to which the person is entitled is a contribution-based jobseeker’s allowance.
4
Where —
a
within the bonus period, a person or his partner has earnings in any week, but the person fails to disclose those earnings or discloses earnings which are less than the amount of those earnings;
b
as a result of the failure to disclose those earnings a qualifying benefit is paid at a higher rate than it would have been had the earnings been disclosed;
c
those earnings are taken into account, or fully taken into account, on a review of the decision awarding the qualifying benefit; and
d
as a result of the review an overpayment of benefit arises,
then those earnings which were not disclosed shall be disregarded in determining the amount of the bonus.
5
Except in a case to which paragraph (4) applies, where —
a
in the bonus period, a person or his partner has earnings in any week;
b
the adjudication officer is satisfied that the whole or part of those earnings were not taken into account in determining the amount of any qualifying benefit payable, whether because of a misrepresentation, official error or otherwise; and
c
had those earnings been fully taken into account, the amount of the qualifying benefit would have been less than the amount in fact paid,
then those earnings in so far as they were not fully taken into account shall be disregarded in determining the amount of the bonus.
6
Except in a case to which regulation 13 (single persons who become couples) or 15(4)(a) (single claimants who are couples) applies, the maximum sum payable by way of a bonus to an applicant in respect of a bonus period is £1,000.
7
In the case of a couple who separate, any earnings paid to either of them after the maximum sum, specified in paragraph (6) has been reached but before the date of the separation, shall be disregarded in calculating the amount of any bonus payable on a claim made by either of them or if they are one of a couple the other member of that couple after the date of separation.
8
Where one or more members of the polygamous marriage separate, any earnings paid to any of them after the maximum specified in paragraph (6) has been reached but before the date of separation, shall be disregarded in calculating the amount of any bonus payable on a claim made by any person who is or was a member of that marriage after the date of separation or, if they become one of a couple, by the other member of that couple.
9
Where the amount of the bonus which would, but for this paragraph, be payable to an applicant is less than £5, the bonus shall not be payable.
10
Where the amount of a bonus would, but for this paragraph, include a fraction of a penny, that fraction shall be disregarded if it is less than a half penny and shall otherwise be treated as a penny.
11
Subject to paragraphs (6) to (10), the amount of the bonus payable shall be the whole of the amount calculated in accordance with this regulation.
12
In paragraph (5), “official error” means a mistake made or something done or omitted to be done by an officer of the Department of Social Security or the Department for Education and Employment acting as such where the person claiming the qualifying benefit or any person acting on his behalf has not caused, or materially contributed to, that mistake or omission.
Secretary of State to issue estimates
9
1
Where it appears to the Secretary of State that a person who is in receipt of a qualifying benefit, or the partner of such a person, has served the waiting period and that, were the conditions of regulation 7 also to be satisfied, a bonus may be payable to that person, he shall, within a year of the waiting period having been served, provide the person claiming the qualifying benefit with a written statement of the amount he estimates may be payable by way of a bonus in his particular case, and shall provide further such statements at intervals of not more than one year as appears to him to be appropriate in the circumstances of the case.
2
The issue by the Secretary of State of a statement under paragraph (1) shall not be binding upon the adjudication officer when he makes his determination on a claim for a bonus as to —
a
whether the applicant satisfies the conditions of entitlement to the bonus; and
b
the amount, if any, payable where a bonus is awarded.
Couples who separate
10
1
In the case of a couple who separate and at the date of separation one member of the couple has days of entitlement to a qualifying benefit which count towards the waiting period, those days of entitlement which count, up to a maximum of 91 days, shall count towards a waiting period for the other member of the couple, and shall be treated as days on which the other member of the couple was entitled to a qualifying benefit.
2
Where —
a
a person is treated in accordance with paragraph (1) as having days on which he was entitled to a qualifying benefit;
b
within 12 weeks of the date of separation the person becomes a partner of another person (the “new partner”); and
c
those days of entitlement are greater in number than the days of entitlement to a qualifying benefit (if any) which otherwise accrued to the new partner on the date the person becomes his partner,
then the number of waiting days the new partner is required to serve in accordance with regulation 6(2) shall be reduced by a number equal to the number by which the days which count under paragraph (1) exceed the days of entitlement to a qualifying benefit which had otherwise accrued to the new partner on the date the partner referred to in paragraph (1) becomes his partner.
Couples who separate where the partner has earnings
11
1
This regulation applies where —
a
a person who is in receipt of a qualifying benefit other than a contribution-based jobseeker’s allowance has a partner;
b
the partner has earnings; and
c
he and the partner separate (“the separated partner”).
2
From the date of separation, any part of the bonus which, in accordance with regulation 8(1)(b) accrued by virtue of the separated partner’s earnings shall, except to the extent specified in paragraph (4) or where paragraph (9) applies, accrue to that partner or in accordance with paragraph (8) (partners who form a new relationship) and not to the other member of the couple.
3
The amount which shall accrue to the separated partner in accordance with paragraph (2) (referred to in this regulation as the “accrued bonus”) shall be determined in accordance with the formula —
A B × C
where —
A is the earnings received by the separated partner in that part of the bonus period which falls before the date of separation;
B is the total earnings received by both members of the couple in that part of the bonus period which falls before the date of separation; and
C is the amount of the bonus which would have been payable had it been payable on the day before the couple separated in respect of the earnings of both of them.
4
In paragraph (3), no account shall be taken at A and B of the earnings of a partner which were taken into account for the purposes of a qualifying benefit before the person became a member of a couple; and the amount of the bonus payable in respect of those earnings shall continue to be determined in accordance with regulation 8.
5
In the case of a separated partner who becomes entitled to a qualifying benefit within 12 weeks of the date of separation, any waiting period or any part of a waiting period served by the other member of the couple before the date of separation shall be treated also as the waiting period or, as the case may be, part of the waiting period, of the separated partner.
6
In the case of a separated partner who does not become entitled to a qualifying benefit after the date of separation, the accrued bonus (if any) may be claimed by the separated partner whether or not he satisfies the work condition but only where —
a
the claim is made within 12 weeks of the date of separation;
b
within 14 days of the date of separation, he commenced employment for or increased the hours worked in employment to 16 or more hours per week, or increased his earnings from his employment; and
c
had the person claimed a qualifying benefit for himself alone on the day following the date of separation, he would not have been entitled to it because —
i
he worked more than 16 hours per week; or
ii
his earnings from his employment would have exceeded the applicable amount in his case.
7
A separated partner who qualifies for an accrued bonus by virtue of paragraph (5) shall not be required to serve the period of waiting days specified in regulation 6.
8
Where the separated partner becomes the partner of another recipient (the “new partner”) of a qualifying benefit within 12 weeks of the date of separation, then the new partner shall have the same rights to the accrued bonus as the person who was formerly the partner would have had on the day before the separation had the bonus been payable on that day.
9
Where the conditions for entitlement to a bonus, other than the need to make a claim, are fulfilled before the date of separation, but the claim for the bonus is made after the date of separation, the bonus shall be payable to the person entitled to the qualifying benefit before those conditions were fulfilled and no part of it shall be payable to the separated partner.
Couples who separate where the separated partner has attained the age of 60
12
1
This regulation applies where —
a
a person in receipt of a qualifying benefit has a partner;
b
the partner has earnings;
c
before a claim for a bonus based wholly or partly on those earnings is made, he and his partner separate (“the separated partner”);
d
the separated partner —
i
has attained the age of 60 at the date of separation; or
ii
does so within 12 weeks of the date of separation and does not claim a qualifying benefit before attaining that age.
2
From the date of separation or, if later, the date the person attained the age of 60, any part of the bonus which, in accordance with regulation 8(1)(b), accrued by virtue of the separated partner’s earnings shall, except where paragraph (8) applies, accrue to the separated partner or in accordance with paragraph 7 (partners who form new relationships) and not to the other member of the couple.
3
The amount which accrued to the separated partner in accordance with paragraph (2) or (5) shall be determined in accordance with the formula specified in paragraph (3) of regulation 11.
4
It is a condition of entitlement to the bonus that the separated partner —
a
except where sub-paragraph (b) applies, makes a claim for a bonus within 12 weeks of the date of separation; or
b
where at the date of separation, the separated partner is within 12 weeks of attaining the age of 60, makes a claim for a bonus within 12 weeks of attaining that age.
5
A separated partner who makes a claim in accordance with paragraph (4) shall not be required to serve the period of waiting days specified in regulation 6.
6
In the case of a person who —
a
is a separated partner;
b
claims income support within 12 weeks of the date of separation;
c
at the date of separation had attained the age of 60; and
d
before the date of separation had earnings which were taken into account in determining the amount of the couple’s earnings for the purpose of a qualifying benefit,
any part of the bonus which in accordance with regulation 8(1)(b) accrued by virtue of the separated partner’s earnings shall accrue to the separated partner and shall be payable to him if the claim for income support is determined in his favour.
7
Where the separated partner becomes the partner of another recipient (the “new partner”) of a qualifying benefit within 12 weeks of the date of separation, then the new partner shall have the same rights to the accrued bonus as the person who was formerly the partner would have had on the day before the separation had the bonus been payable on that day.
8
Where the conditions for entitlement to a bonus, other than the need to make a claim, are fulfilled before the date of separation, but the claim for the bonus is made after the date of separation, the bonus shall be payable to the person entitled to the qualifying benefit before those conditions were fulfilled and no part of it shall be payable to the separated partner.
Single persons who become couples
13
1
This regulation applies where two persons form a couple and within the period of 12 weeks immediately before they do so —
a
both had entitlement to a qualifying benefit; and
b
both were within their bonus period.
2
In the case of a couple to whom this regulation applies other than a couple to whom paragraph (5) applies, the amount of the bonus shall be —
a
except where sub-paragraph (b) applies and subject to the limit imposed by regulation 8(6), the aggregate of the bonuses which have accrued to each member of the couple before the day they became a couple, together with any amount which accrued to the person making the claim by reference to his earnings and those of his partner after they became a couple; or
b
where the aggregate of the bonuses which had accrued to each member of the couple before the day they became a couple exceeds £1,000, the aggregate amount.
3
For the avoidance of doubt, in the case of a couple to whom paragraph (2)(b) applies, the amount of the bonus shall not increase by reference to any earnings payable to either member of the couple after they became a couple.
4
This regulation applies to members of a polygamous marriage as it applies to a couple but as if references to a couple were references to the members of the polygamous marriage and references to each member of the couple were references to two or more members of the polygamous marriage.
5
Where both members of the couple are entitled to a contribution-based jobseeker’s allowance, bonuses accrued to each of them, whether or not the bonuses accrued before they became a couple, shall not be aggregated.
Single persons who become couples: further provisions
14
1
This regulation applies where two persons become a couple and —
a
within the period of 12 weeks immediately before they do so only one of the two has a previous entitlement to a qualifying benefit and either —
i
is within his bonus period; or
ii
is serving his waiting period; and
b
the other member makes the claim.
2
Any bonus which has accrued to the person mentioned in paragraph (1)(a) shall be treated as the bonus of the claimant and not that person.
Single claimants who are couples
15
1
Where —
a
two persons are living together as a married or unmarried couple;
b
each of those persons was in receipt of a qualifying benefit during the whole or part of the time they were a couple; and
c
had they declared they were a couple, either —
i
no qualifying benefit would have been payable to them; or
ii
a qualifying benefit would have been payable to only one member of the couple,
the provisions of these Regulations shall have effect subject to the following paragraphs.
2
In a case where in any week no benefit would have been payable, any earnings received in that week shall be disregarded in determining the amount of the bonus.
3
In a case where a qualifying benefit is or would have been payable to one member of the couple, any earnings which were taken into account in the separate awards of the qualifying benefit to each member of the couple shall, subject to paragraph (4), be taken into account in accordance with regulation 8.
4
Where at the time the persons mentioned in paragraph (1)(a) first become a married or unmarried couple the amount of any bonus, determined in accordance with the preceding provisions of this regulation and regulation 8 —
a
would be £1000 or more, the amount of the bonus shall be the higher amount and shall not be increased further by reference to any earnings accruing since that time; or
b
was less than £1000, earnings accruing since that time shall be taken into account in accordance with regulation 8, but not so as to increase the amount of the bonus payable to more than £1000.
Couples both of whom are entitled to a qualifying benefit
16
1
Where —
a
one member of a couple is entitled to a contribution-based jobseeker’s allowance; and
b
the other member of the couple is entitled to an income-based jobseeker’s allowance or to income support,
any bonus which accrues in respect of the earnings of the person entitled to a contribution-based jobseeker’s allowance shall accrue to the bonus of the person who within the bonus period was last entitled to an income-based jobseeker’s allowance or to income support.
2
Where —
a
two persons become a couple;
b
neither member of the couple has served his waiting period;
c
both members of the couple have, at the time they become a couple, a current period of entitlement to a qualifying benefit;
d
one member of the couple has fewer days of entitlement to a qualifying benefit (represented by “A”) in that period than the other member (represented by “B”);
e
the person entitled to the qualifying benefit after they became a couple is the person with the fewer days of entitlement; and
f
the qualifying benefit to which he is entitled is not a contribution-based jobseeker’s allowance,
then the number of waiting days the person is required to serve in accordance with regulation 6(2) shall be reduced by a number equal to the number by which B exceeds A.
Persons attaining pensionable age
17
1
Where —
a
the qualifying benefit is income support and the person entitled to the qualifying benefit has attained the day immediately preceding his 60th birthday; or
b
the qualifying benefit is a jobseeker’s allowance and the person entitled to the qualifying benefit has attained the day immediately preceding pensionable age,
and in either case the person is within the bonus period, he shall, notwithstanding that the requirement specified in paragraph (2) is not satisfied in his case, be entitled to a bonus.
2
The requirement specified in this paragraph is that entitlement to the bonus has not arisen because —
i
the person has not claimed the bonus;
ii
the work condition is not satisfied; or
iii
the person has not claimed the bonus and the work condition is not satisfied.
3
In the case of a person who is entitled to a bonus in accordance with paragraph (1), the bonus period and the period of entitlement to a qualifying benefit shall end on the day he attained the age of 60 or, as the case may be, pensionable age.
4
Where, within 12 weeks of attaining —
a
the age of 60, the person ceased to be entitled to income support; or
b
pensionable age, the person ceased to be entitled to a jobseeker’s allowance,
but failed to satisfy any one of the conditions specified in regulation 7, he shall, if he makes a claim for a bonus in the period of 12 weeks after he attains that age, be entitled to the bonus notwithstanding his failure to satisfy any of those conditions.
5
The amount of any bonus to which a person may be entitled in accordance with this regulation shall be calculated in accordance with regulation 8.
Trainees
18
1
This regulation applies to a person who —
a
was entitled to a qualifying benefit; and
b
ceased to be entitled to a qualifying benefit on taking up training.
2
In determining for the purposes of regulation 2 whether any 2 or more periods of entitlement to a qualifying benefit link to form a single such period, any period during which he was a person to whom this regulation applies shall be disregarded.
3
Where a person takes up employment within 14 days of his ceasing to be a person to whom this regulation applies, any claim for a bonus made by him shall be determined as if regulation 7(2)(b) was omitted.
Death
19
1
Subject to paragraph (4) this regulation applies where —
a
a person dies;
b
the person leaves behind a partner;
c
immediately before his death, the person was entitled to a qualifying benefit; and
d
immediately before his death the person would have been entitled to a bonus but for his failure to make a claim for it and satisfy the work condition.
2
Where the partner of a deceased person becomes entitled to a qualifying benefit for a period commencing within 12 weeks of the person’s death then —
a
any waiting period served by the deceased person shall be treated as having been served by the partner; and
b
any amount which accrued towards his bonus shall be treated as having accrued towards the partner’s bonus.
3
Where at the date of death the person had been entitled to a qualifying benefit for less than 91 consecutive days, then those days count towards any waiting period which the partner is required to serve under regulation 6.
4
This regulation does not apply where the qualifying benefit the deceased person was entitled to was a contribution-based jobseeker’s allowance.
5
Where the deceased person referred to in paragraph (2) was a member of a polygamous marriage —
a
any waiting period accruing under paragraph (2)(a) shall accrue to each of the deceased’s partners;
b
any amount accrued towards the deceased person’s bonus shall accrue towards each partner’s bonus in accordance with the formula
D × F E × 1 X
where —
D is the amount of the deceased person’s earnings during his bonus period;
E is the total earnings of all members of the marriage in the deceased person’s bonus period;
F is the amount of the bonus which would have been payable on the day before the death of the deceased had he been entitled to the bonus on that day; and
X is the number of surviving partners of the marriage.
6
In the case of a partner who had earnings in the deceased partner’s bonus period, which are included in the value “E” in paragraph (5), any amount of bonus which accrued to that partner in accordance with that paragraph shall be increased by an amount equal to the value of half those earnings.
Trade disputes
20
1
The provisions of paragraphs (2) and (4) are subject to paragraph (6).
2
Where —
a
the qualifying benefit is a jobseeker’s allowance;
b
the partner of the person claiming the benefit is not employed on any day because of a stoppage of work; and
c
that stoppage is due to a trade dispute at the partner’s place of work,
any earnings earned by the partner during the stoppage shall be disregarded in determining the amount of the bonus unless he proves he is not directly interested in the dispute.
3
In paragraph (1), “place of work” has the meaning it has in section 14 by virtue of sub-section (1) of that section.
4
Where–
a
the qualifying benefit is income support;
b
the person claiming the benefit is not employed on any day because of a stoppage of work; and
c
that stoppage is due to a trade dispute at his place of employment,
any earnings earned by that person during the stoppage shall be disregarded in determining the amount of the bonus unless he proves he is not directly interested in the dispute.
5
In paragraph (4), “place of employment” and “trade dispute” have the meanings they have in the Benefits Act by virtue of section 27(3) of that Act.
6
Where in any week the partner referred to in paragraph (2)(b) or, as the case may be, (4)(b) is within her maternity pay period or is incapable of work, and undertakes work for less than 24 hours per week, this regulation shall not apply in respect of the partner’s earnings for that week.
7
In paragraph (6) “maternity pay period” has the meaning it has in the Benefits Act by virtue of section 165(1) of that Act.
8
Where the partner is again employed at the place of employment where the stoppage of work occurred, that employment shall not satisfy the work condition and no bonus shall be payable in consequence of it.
Share fishermen
21
In their application to share fishermen, these Regulations shall have effect as if references to earnings were references to earnings earned in any week within the bonus period, whether or not they were paid in that week.
Bonus to be treated as capital for certain purposes
22
Any bonus paid to an applicant shall be treated as capital of his for the purposes of —
a
housing benefit;
b
council tax benefit;
c
family credit;
d
disability working allowance;
e
income support;
f
a jobseeker’s allowance.
Claiming a bonus
23
1
A claim for a bonus shall be made in writing on a form approved for the purpose by the Secretary of State and shall be made —
a
not earlier than the beginning of the benefit week which precedes the benefit week in which an award of a qualifying benefit comes to an end; and
b
subject to regulation 24(5), not later than the end of the period of 12 weeks immediately following —
i
in the case of a person to whom regulation 18 (trainees) applies, the last day on which he was engaged in training;
ii
in the case of a person to whom the 4th condition specified in regulation 7 applies (couples who separate), the date of separation;
iii
in the case of a person to whom regulation 12 applies (couples who separate where partner has attained the age of 60), the date of separation;
iv
in the case of a person who has attained pensionable age or, where the qualifying benefit is income support the age of 60, the date he attained that age;
v
in any other case, the date on which entitlement to a qualifying benefit ceased on satisfaction of the work condition.
2
A claim for a bonus shall be delivered or sent to an office of the Department of Social Security or of the Department for Education and Employment.
3
If a claim is defective at the date when it is received, the Secretary of State may refer the claim to the person making it and if the form is received properly completed within one month, or such longer period as the Secretary of State may consider reasonable, from the date on which it is so referred, the Secretary of State may treat the claim as if it had been duly made in the first instance.
4
A claim which is made on the form approved for the time being is, for the purposes of paragraph (3), properly completed if it is completed by the applicant in accordance with instructions on the form and defective if it is not.
5
A person who claims a bonus shall furnish such certificates, documents, information and evidence in connection with the claim, or any question arising out of it, as may be required by the Secretary of State and shall do so within one month of being required to do so or such longer period as the Secretary of State may consider reasonable.
Claims: further provisions
24
1
A person who has made a claim may amend it at any time by notice in writing received at an appropriate office before a determination has been made on a claim, and any claim so amended may be treated as if it had been so amended in the first instance.
2
A person who has made a claim may withdraw it at any time before a determination has been made on it, by notice to the appropriate office, and any such notice of withdrawal shall have effect when it is received.
3
The date on which the claim is made shall be —
a
in the case of a claim which meets the requirements of regulation 23(1), the date on which it is received at the appropriate office; or
b
in the case of a claim treated under regulation 23(3) as having been duly made, the date on which the claim was received in an appropriate office in the first place.
4
In this regulation, the “appropriate office” means an office of the Department of Social Security or the Department for Education and Employment.
5
In the case of a person who —
a
ceases to be entitled to a qualifying benefit; and
b
again becomes entitled to a qualifying benefit in the same period of entitlement to a qualifying benefit,
for the reference to 12 weeks in regulation 23(1)(b) there shall be substituted a reference to a period equal to the period falling between the last day of entitlement to a qualifying benefit mentioned at sub-paragraph (a) and the first day of entitlement to a qualifying benefit mentioned at sub-paragraph (b).
6
Where the applicant proves there was good cause throughout the period from the expiry of the 12 weeks specified in regulation 23(1), for failure to claim the bonus within the specified time, the time for claiming the bonus shall be extended to the date on which the claim is made or to a period of 12 months, whichever is the shorter period.
Payment of bonus
25
A bonus calculated by reference to earnings paid during periods of entitlement to income support and to a jobseeker’s allowance shall be treated as payable —
a
wholly by way of a jobseeker’s allowance, where the qualifying benefit last in payment in the bonus period was a jobseeker’s allowance; or
b
wholly by way of income support, where the qualifying benefit last in payment in the bonus period was income support.
Transitional matters
26
1
For the purposes of determining whether a person satisfies the requirements of regulation 6 (waiting period), days on or after 1st July 1996 but before 7th October 1996 in respect of which a person was entitled to unemployment benefit shall be treated as days of entitlement to a contribution-based jobseeker’s allowance, and shall include those Sundays, or the day substituted for Sunday by regulations made under the former section 25A(1)(e) of the Benefits Act , which fall only between days of entitlement to unemployment benefit.
2
Where in accordance with transitional provisions made under section 40 the rules as to the calculation of earnings which apply in the case of a person entitled to a jobseeker’s allowance are those which applied before 7th October 1996 to that person in respect of an entitlement to unemployment benefit, then —
a
any day of entitlement to a jobseeker’s allowance including any day on which the person would be entitled to a jobseeker’s allowance if the day were not a Sunday or, as mentioned in paragraph (1), the day substituted for Sunday, shall count towards the waiting period specified in regulation 6; but
b
any earnings received by that person or his partner shall be disregarded in determining the amount of any bonus payable to him.
3
Any period of entitlement to income support which falls before 1st July 1996 shall not count for the purposes of regulation 6 (waiting days).
4
No bonus period shall commence before 7th October 1996.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
1st February 1996


text:
Citation and commencement
1
These Regulations may be cited as the Non-Domestic Rating Contributions (England) (Amendment) (No. 2) Regulations 1996 and shall come into force on 31st December 1996.
Amendment of the 1992 Regulations
2
Schedules 1 and 2 to the Non-Domestic Rating Contributions (England) Regulations 1992 are amended in accordance with the following regulations.
Rules for calculation of contributions
3
1
In relation to financial years beginning on or after 1st April 1997, in Schedule 1 —
a
in paragraph 1(4), for “1996” there is substituted “1997”;
b
in paragraph 4(4), for “1996 is £76,867,000” there is substituted “1997 is £77,751,000”;
c
for the Table in Part II there is substituted —
COST FACTORS
Name or description of authority Cost factor
The councils of the districts of Broxbourne, Dartford, Elmbridge, Epping Forest, Epsom and Ewell, Hertsmere, Reigate and Banstead, Slough, South Bucks, Spelthorne, Three Rivers and Watford 1.1369 The councils of the districts of Basildon, Bracknell Forest, Brentwood, Chiltern, Crawley, Dacorum, East Hertfordshire, Guildford, Harlow, Mole Valley, Runnymede, St Albans, Sevenoaks, Surrey Heath, Tandridge, Thurrock, Waverley, Welwyn Hatfield, Windsor and Maidenhead and Woking 1.1010 The council of a district other than a district named above which falls within the county of Bedfordshire, Berkshire, Buckinghamshire, East Sussex, Essex, Hampshire, Hertfordshire, Kent, Oxfordshire or West Sussex 1.0405 The council of a district other than a district named, or falling within a description given, above 1.0 The council of an inner London borough 1.2239 The council of an outer London borough 1.1156 The Common Council of the City of London 1.5493 The Council of the Isles of Scilly 1.0 The council of a county which has the functions of a district council 1.0405
.
2
In relation to the financial year beginning on 1st April 1997, paragraph 4(1) of Schedule 1 has effect as if —
a
at the end of the formula there were inserted “+P”, and
b
at the end there were added —
P is the amount of the reasonable costs, if any, incurred by the authority in respect of changes to their computer programs to give effect to the Non-Domestic Rating (Chargeable Amounts for Small Hereditaments) Regulations 1996 , provided that, if the amount of such costs exceeds £3,000, P is £3,000.
;
Assumptions relating to provisional amounts
4
In relation to financial years beginning on or after 1st April 1997, in Schedule 2 —
a
in paragraph 2(12) for “0.992” there is substituted “0.962”;
b
for sub-paragraph (1) of paragraph 8 there is substituted —
8
1
It shall be assumed that the amount described in paragraph 6 of Schedule 1 to these Regulations will, in the case of each authority or description of authority listed in the following table, be equal to the percentage of the amount described in sub-paragraph (2) below which is shown in the table in relation to that authority or description:
Percentage
The council of an inner London borough or the Common Council of the City of London 2.4 The council of an outer London borough 2.3 Any authority not mentioned above 1.4
.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
23rd December 1996


text:
Citation and commencement
1
These Regulations may be cited as the Marking of Plastic Explosives for Detection Regulations 1996 and shall come into force on 31st July 1997 or on the day on which the Convention enters into force for the United Kingdom (such date to be notified by the Secretary of State in the London, Edinburgh and Belfast Gazettes) whichever is the earlier.
Interpretation
2
1
In these Regulations,
“authorised military device” means an explosive article, including, but not limited to, a shell, bomb, projectile, mine, missile, rocket, shaped charge, grenade or perforator, which, in any case, is manufactured solely for lawful military or police purposes;
“the Convention” means the Convention on the Marking of Plastic Explosives for the Purpose of Detection, done at Montreal on 1st March 1991;
“detection agent” means a substance named in column 1 of the Table in Part II of the Schedule to these Regulations;
“the Executive” means the Health and Safety Executive;
“explosive” shall be construed in accordance with Part I of the Schedule to these Regulations;
“explosive article” and “explosive substance” have the meanings respectively assigned to them by regulation 2(1) of the Classification and Labelling of Explosives Regulations 1983 ;
“manufacture” means any process, including reprocessing, that is for the purpose of producing explosives and related expressions shall be construed accordingly;
“marked” shall be construed in accordance with paragraph (2) of this regulation and related expressions shall be construed accordingly;
“State Party to the Convention” means any state which has deposited in accordance with Article XIII of the Convention an instrument of ratification, acceptance, approval or accession to the Convention with the International Civil Aviation Organisation, or any other body from time to time designated the Depository under the Convention, and in respect of which a denunciation under Article XV of the Convention has not taken effect.
2
For the purposes of these Regulations, an explosive is marked if it, or a sample of the explosive, contains a detection agent of at least the concentration specified in the corresponding entry for that detection agent in column 2 of the Table in Part II of the Schedule to these Regulations, whether that detection agent is introduced during the process of manufacture of the explosive for the purpose of making the explosive detectable or as a result of the normal formulation of that explosive.
Prohibition on manufacture
3
No person shall manufacture any explosive, the finished product of which is unmarked.
Prohibition on possession
4
1
No person shall have in his possession, nor transfer possession of, any unmarked explosive.
2
Paragraph (1) of this regulation shall not apply to an explosive that is in the process of being manufactured.
3
Paragraph (1) of this regulation shall not apply for a period of 3 years, commencing with the date of coming into force of these Regulations, to any unmarked explosive manufactured before these Regulations come into force.
4
Paragraph (1) of this regulation shall not apply to any unmarked explosive in the possession of military or police personnel, where the explosive is incorporated as an integral part of an authorised military device, before the date which is 3 years after the date of coming into force of these Regulations.
5
Notwithstanding paragraph (3), paragraph (1) of this regulation shall not apply for a period of 15 years, commencing with the date of coming into force of these Regulations, to any unmarked explosive which —
a
was manufactured before these Regulations come into force;
b
does not fall within paragraph (4); and
c
is in the possession of the authorities of a State Party to the Convention for military or police purposes.
Importation
5
1
No person shall import any unmarked explosive into the United Kingdom.
2
Paragraph (1) of this regulation shall not apply for a period of 15 years, commencing with the date of coming into force of these Regulations, to any unmarked explosive manufactured before these Regulations come into force and imported by the authorities of a State Party to the Convention for military or police purposes.
Enforcement
6
Notwithstanding the provisions of the Health and Safety (Enforcing Authority) Regulations 1989 , the Executive shall be the enforcing authority for these Regulations in Great Britain and in those areas outside Great Britain to which these Regulations apply by virtue of regulation 7.
Extension outside Great Britain
7
These Regulations shall apply to and in relation to the activities and premises outside Great Britain to which sections 1 to 59 and 80 to 82 of the Health and Safety at Work etc. Act 1974 apply by virtue of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1995 as they apply within Great Britain.
Application to Northern Ireland
8
These Regulations, other than regulations 3, 4 and 6, shall extend to Northern Ireland.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
19th March 1996


text:
1
These Regulations may be cited as the Double Taxation Relief (Taxes on Income) (Canadian Dividends and Interest) (Amendment) Regulations 1996 and shall come into force on 30th July 1996.
2
In regulation 2(2) of the Double Taxation Relief (Taxes on Income) (Canadian Dividends and Interest) Regulations 1980 , for the definition of “chargeable person” there shall be substituted the following definition —
“chargeable person” means any person who is a “collecting agent” within the meaning given by section 118A(d) of the Income and Corporation Taxes Act 1988 ;
.
S C T Matheson
C W Corlett
Two of the Commissioners of Inland Revenue
5th July 1996