The Income Support (General) Regulations 1987

Changes over time for: Section 18

Version Superseded: 07/04/2008

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Point in time view as at 01/09/2007. This version of this provision has been superseded.

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The Income Support (General) Regulations 1987, Section 18 is up to date with all changes known to be in force on or before 05 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Polygamous marriagesE+W+S

18.—[F1(1)] [F2Subject to paragraph (2) and] [F3regulations 21] [F4to 22A] and 70 (applicable amounts in other cases and reductions in applicable amounts and urgent cases), where a claimant is a member of a polygamous marriage his weekly applicable amount shall be the aggregate of such of the following amounts as may apply in his case:

(a)the highest amount applicable to him and one of his partners determined in accordance with sub-paragraph (3) of paragraph 1 of Schedule 2 as if he and that partner were a couple;

(b)an amount equal to the difference between the amounts specified in [F5sub-paragraphs (3)(d)] [F6and (1)(e)] of paragraph 1 of Schedule 2 in respect of each of his other partners;

(c)[F7an amount determined in accordance with paragraph 2 of Schedule 2 (applicable amounts) in respect of any child or young person for whom he or a partner of his is responsible and who is a member of the same household except a child or young person whose capital, if calculated in accordance with Part V in like manner as for the claimant, [F8except as provided in regulation 44(1) (modifications in respect of children and young persons)], would exceed £3,000;]

F9(cc). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)[F10if he or another partner of the polygamous marriage is responsible for a child or young person who is a member of the same household, the amount specified in Part II of Schedule 2 (family premiums);]

(e)the amount of any premiums which may be applicable to him determined in accordance with Parts III and IV of Schedule 2 (premiums);

(f)any amounts determined in accordance with Schedule 3 (housing costs) which may be applicable to him in respect of mortgage interest payments or such other housing costs as are prescribed in that Schedule.

[F11(g)any amount determined in accordance with regulation 17(1)(f) (applicable amounts);]

F12(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F13(2) In the case of a partner who is aged less than 18, the amount which applies in respect of that partner shall be nil unless—

(a)that partner is treated as responsible for a child, or

[F14(b)that partner is a person who—

(i)had he not been a member of a polygamous marriage would have qualified for income support under regulation 4ZA; or

(ii)satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (prescribed circumstances for persons aged 16 but less than 18); or

(iii)is the subject of a direction under section 16 of the Jobseekers Act 1995 (persons under 18: severe hardship).]]

Textual Amendments

F1Reg. 18 renumbered as reg. 18(1) (12.9.1988) by The Income Support (General) Amendment No. 3 Regulations 1988 (S.I. 1988/1228), regs. 1(1)(b), 5(a)

F2Words in reg. 18(1) substituted (12.9.1988) by The Income Support (General) Amendment No. 3 Regulations 1988 (S.I. 1988/1228), regs. 1(1)(b), 5(a)

F3Words in reg. 18(1) substituted (8.4.2002) by The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), reg. 1, Sch. Pt. I para. 4