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- Point in Time (31/01/1990)
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Version Superseded: 13/04/1995
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73.—(1) Subject to regulations 75 (modifications in income) and 76 (reduction in certain cases), where a claimant is entitled to income support for a period (referred to in this Part as a part-week) to which subsection (1A) of section 21 of the Act (amount etc. of income-related benefit) applies, the amount of income support payable shall, except where paragraph (2) applies, be calculated in accordance with the following formulae—
(a)if the claimant has no income,
(b)if the claimant has income,
(2) Subject to regulations 75 and 76, in the case of a claimant to whom regulation 19 F2... (persons in residential care or nursing homes F2...) applies, where the weekly charge for the accommodation is due to be paid during a part-week to which regulation 74(1)(a) or (b) applies, the amount of income Support payable shall be calculated in accordance with the following formulae—
(a)if the claimant has no income, A;
(b)if the claimant has income, (A − I) − B.
(3) In this Regulation—
“A”, Subject to paragraph (4), means the claimant’s weekly applicable amount in the relevant week;
“B” means the amount of any income support, unemployment benefit, [F3maternity allowance,] sickness or invalidity benefit, or severe disablement allowance payable in respect of any day in the part-week;
“I” means his weekly income in the relevant week less B;
“N” means the number of days in the part-week;
“relevant week” means the period of 7 days determined in accordance with regulation 74.
(4) In a case to which paragraph (2) applies, a claimant’s weekly applicable amount shall be—
(a)where the weekly charge for the accommodation includes all meals, the aggregate of the following amounts—
(i)the weekly charge for the accommodation determined in accordance with paragraph 1(1)(a) of Schedule 4 F4...; and
(ii)the amount calculated in accordance with the formula—
(b)where the weekly charge for the accommodation does not include all meals, the aggregate of the following amounts':
(i)the weekly charge for the accommodation determined in accordance with paragraph 1(1)(a) of Schedule 4 F4... less M; and
(ii)the amount calculated in accordance with the formula—
.
(5) In paragraph (4)—
“H” means the weekly amount determined in accordance with paragraph 1(1)(c) of Schedule 4 F5...;
“M” means the amount of the increase for meals calculated on a weekly basis in accordance with paragraph 2 of Schedule 4 F5...;
“P” means the weekly amount for personal expenses determined in accordance with paragraph 13 of Schedule 4 F6....]
Textual Amendments
F1Pt. 7 inserted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 27
F2Words in reg. 73(2) 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. 9(a)
F3Words in reg. 73(3) inserted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 17
F4Words in reg. 73(4) 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. 9(b)
F5Words in reg. 73(5) 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. 9(b)
F6Words in reg. 73(5) 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. 9(c)
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