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- Point in Time (24/05/1998)
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Version Superseded: 12/04/1999
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71.—(1) For the purposes of calculating any entitlement to income support under this Part—
(a)except in a case to which [F1sub-paragraph (b), (c) or (d),] applies, a claimant' weekly applicable amount shall be the aggregate of—
(i)90 per cent of the amount applicable in respect of himself or, if he is a member of a couple or of a polygamous marriage, of the amount applicable in respect of both of them under paragraph 1 (1), (2) or (3) of Schedule 2 or, as the case may be, the amount applicable in respect of them under regulation 18 (polygamous marriages); [F2and where regulation 22A (reduction in applicable amount where the claimant is appealing against a decision that he is not incapable of work) applies, the reference in this head to 90 per cent. of the amount applicable shall be construed as a reference to 90 per cent. of the relevant amount under that regulation reduced by 20 per cent;]
(ii)the amount applicable under paragraph 2 of Schedule 2 in respect of any child or young person who is a member of his family except a child or young person whose capital, if calculated in accordance with Part V in like manner as for the claimant, [F3except as provided in regulation 44(1) (modifications in respect of children and young person)], would exceed £3,000;
(iii)the amount, if applicable, specified in [F4Part II or III of Schedule 2 (premiums)]; and
(iv)any amounts applicable under [F5regulation 17(1)(e) or, as the case may be, 18(1)(f) (housing costs)]; [F6and
(v)the amount of the protected sum which may be applicable to him determined in accordance with Schedule 3A][F7or, as the case may be, 3B];
[F8(vi)the amount, if applicable, specified in paragraph 2A of Schedule 2;]
(b)F9F10where the claimant is a resident in ... ... a residential care home or a nursing home [F11and has a preserved right], his weekly applicable amount shall be the aggregate of—
(i)90 per cent of the amount of the allowance for personal expenses prescribed in paragraph 13 (a) of Schedule 4 (applicable amounts of persons in residential care and nursing homes) F12... or, if he is a member of a couple or of a polygamous marriage, of the amount applicable in respect of both or all of them; [F13and where regulation 22A (reduction in applicable amount where the claimant is appealing against a decision that he is not incapable of work) applies, the reference in this head to 90 per cent. of the amount shall be construed as a reference to 90 per cent. of the relevant amount under that regulation reduced by 20 per cent;]
(ii)the amount applicable under paragraph 13 (b) to (e) of Schedule 4 F14... in respect of any child or young person who is a member of his family except a child or young person whose capital, if calculated in accordance with Part V in like manner as for the claimant, [F3except as provided in regulation 44(1) (modifications in respect of children and young person)], would exceed £3,000;
(iii)the amount in respect of the weekly charge for his accommodation calculated in accordance with regulation 19 and Schedule 4 F15... except any amount in respect of a child or young person who is a member of the family and whose capital, if calculated in accordance with Part V in like manner as for the claimant, [F3except as provided in regulation 44(1) (modifications in respect of children and young person)], would exceed £3,000.
(c)where the claimant is resident in residential accommodation, his weekly applicable amount shall be the aggregate of—
(i)[F1698 per cent] of the amount F17... referred to in column (2) of paragraph 13 (a) to (c) and (e) of Schedule 7 (applicable amounts in special cases) applicable to him;
(ii)the amount applicable under column (2) of paragraph 13 (d) of Schedule 7, in respect of any child or young person who is a member of his family except a child or young person whose capital, if calculated in accordance with Part V in like manner as for the claimant, [F3except as provided in regulation 44(1) (modifications in respect of children and young person)], would exceed £3,000;
F18(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F19(d)except where sub-paragraph (b) or (c) applies, in the case of a person to whom any paragraph, other than paragraph 17, in column (1) of Schedule 7 (special cases) applies, the amount shall be 90% of the amount applicable in column 2 of that Schedule in respect of the claimant and partner (if any), plus, if applicable—
(i)any amount in respect of a child or young person who is a member of the family except a child or young person whose capital, if calculated in accordance with Part V in like manner as for the claimant, [F3except as provided in regulation 44(1) (modifications in respect of children and young person)], would exceed £3,000;
(ii)any premium under [F20Part II or III of Schedule 2]; and
[F21(iii)any amounts applicable under regulation 17(1)(e) or, as the case may be, 18(1)(f)]][F22and
(iv)the amount of the protected sum which may be applicable to him determined in accordance with Schedule 3A][F23or, as the case may be, 3B].
(2) The period for which a claimant' weekly applicable amount is to be calculated in accordance with paragraph (1) where paragraph (3) of regulation 70 (urgent cases) applies shall be—
(a)in a case to which sub-paragraph (a) of paragraph (3) of that regulation applies, any period, or the aggregate of any periods, not exceeding 42 days during any one period of leave to which that regulation applies;
F24(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F25(3) Where the calculation of a claimant’s applicable amount under this regulation results in a fraction of a penny that fraction shall be treated as a penny.]
Textual Amendments
F1Words in reg. 71(1)(a) substituted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 25(a)
F2Words in reg. 71(1)(a)(i) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/206), regs. 1(1), 18(2)
F3Words in reg. 71(1) substituted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1994 (S.I. 1994/527), regs. 1(1)(b), 6
F4Words in reg. 71(1)(a)(iii) substituted (10.7.1989) by The Family Credit and Income Support (General) Amendment Regulations 1989 (S.I. 1989/1034), regs. 1(1)(a), 9(a)
F5Words in reg. 71(1)(a)(iv) substituted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 15(a)
F6Reg. 71(1)(a)(v) and word inserted (10.4.1989) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), reg. 1(1)(c), Sch. 1 para. 13(a) (with reg. 28)
F7Words in reg. 71(1)(a)(v) added (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 17
F8Reg. 71(1)(a)(vi) added (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 4) Regulations 1993 (S.I. 1993/2119), regs. 1(1)(a), 17(2)
F9Words in reg. 71(1)(b) omitted (10.4.1989) by virtue of The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), reg. 1(1)(c), Sch. 1 para. 5 (with reg. 28)
F10Words in reg. 71(1)(b) omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 8
F11Words in reg. 71(1)(b) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 4) Regulations 1993 (S.I. 1993/2119), regs. 1(1)(a), 17(3)
F12Words in reg. 71(1)(b)(i) omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 8(i)
F13Words in reg. 71(1)(b)(i) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/206), regs. 1(1), 18(3)
F14Words in reg. 71(1)(b)(ii) omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 8(ii)
F15Words in reg. 71(1)(b)(iii) omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 8(iii)
F16Words in reg. 71(1)(c) substituted (1.4.1993) by The Social Security Benefits (Amendments Consequential Upon the Introduction of Community Care) Regulations 1992 (S.I. 1992/3147), reg. 1(1), Sch. 1 para. 4(a)
F17Words in reg. 71(1)(c)(i) omitted (with effect in accordance with reg. 1(2) of the amending S.I.) by virtue of The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 4) Regulations 1993 (S.I. 1993/2119), regs. 1(1)(a), 17(4)
F18Words in reg. 71(1)(c) omitted (1.4.1993) by virtue of The Social Security Benefits (Amendments Consequential Upon the Introduction of Community Care) Regulations 1992 (S.I. 1992/3147), reg. 1(1), Sch. 1 para. 4(b)
F19Reg. 71(1)(d) added (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 25(b)
F20Words in reg. 71(1)(d)(ii) substituted (10.7.1989) by The Family Credit and Income Support (General) Amendment Regulations 1989 (S.I. 1989/1034), regs. 1(1)(a), 9(b)
F21Reg. 71(1)(d)(iii) substituted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 15(b)
F22Reg. 71(1)(d)(iv) and word inserted (10.4.1989) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), reg. 1(1)(c), Sch. 1 para. 13(b) (with reg. 28)
F23Words in reg. 71(1)(d)(iv) added (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 17
F24Reg. 71(2)(b)-(f) omitted (5.2.1996) by virtue of The Social Security (Persons From Abroad) Miscellaneous Amendments Regulations 1996 (S.I. 1996/30), regs. 1(1), 8(4) (with reg. 12)
F25Reg. 71(3) added (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 25(c)
Modifications etc. (not altering text)
C1Reg. 71(1)(a)(i) sum confirmed (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up Rating Order 1998 (S.I. 1998/470), 18(9), Sch 8
C2Reg. 71(1)(a)(ii) sum confirmed (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up Rating Order 1998 (S.I. 1998/470), arts. 1(2)(g), 18(2)
C3Reg. 71(1)(b)(i) sum confirmed (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up Rating Order 1998 (S.I. 1998/470), 18(9), Sch 8
C4Reg. 71(1)(b)(ii) sum confirmed (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up Rating Order 1998 (S.I. 1998/470), arts. 1(2)(g), 18(2)
C5Reg. 71(1)(b)(iii) sum confirmed (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up Rating Order 1998 (S.I. 1998/470), arts. 1(2)(g), 18(2)
C6Reg. 71(1)(c)(i) sum confirmed (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up Rating Order 1998 (S.I. 1998/470), 18(9), Sch 8
C7Reg. 71(1)(c)(ii) sum confirmed (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up Rating Order 1998 (S.I. 1998/470), arts. 1(2)(g), 18(2)
C8Reg. 71(1)(d) sum confirmed (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up Rating Order 1998 (S.I. 1998/470), 18(9), Sch 8
C9Reg. 71(1)(d)(i) sum confirmed (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up Rating Order 1998 (S.I. 1998/470), arts. 1(2)(g), 18(2)
Commencement Information
I1Reg. 71 in force at 11.4.1988, see reg. 1
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