The Income Support (General) Regulations 1987

Applicable amounts in urgent cases E+W+S

71.—(1) For the purposes of calculating any entitlement to income support under this Part—

(a) except in a case to which [F1 sub-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); [F2 and where regulation 22A (reduction in applicable amount where the claimant is appealing against a decision [F3 which embodies a determination] 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, [F4 except 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 [F5 Part II or III of Schedule 2 (premiums)]; and

(iv) any amounts applicable under [F6 regulation 17(1)(e) or, as the case may be, 18(1)(f) (housing costs)]; [F7 and

(v) the amount of the protected sum which may be applicable to him determined in accordance with Schedule 3A][F8 or, as the case may be, 3B];

[F9 (vi) the amount, if applicable, specified in paragraph 2A of Schedule 2;]

(b) F10 F11 where the claimant is a resident in ... ... a residential care home or a nursing home [F12 and 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) F13 ... 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; [F14 and where regulation 22A (reduction in applicable amount where the claimant is appealing against a decision [F3 which embodies a determination] 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 F15 ... 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, [F4 except 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 F16 ... 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, [F4 except 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) [F17 98 per cent] of the amount F18 ... 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, [F4 except as provided in regulation 44(1) (modifications in respect of children and young person)], would exceed £3,000;

F19 (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F20 (d) except where sub-paragraph (b) or (c) applies, in the case of a person to whom any paragraph, other than [F21 paragraph 16A], 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, [F4 except as provided in regulation 44(1) (modifications in respect of children and young person)], would exceed £3,000;

(ii) any premium under [F22 Part II or III of Schedule 2]; and

[F23 (iii) any amounts applicable under regulation 17(1)(e) or, as the case may be, 18(1)(f)]][F24 and

(iv) the amount of the protected sum which may be applicable to him determined in accordance with Schedule 3A][F25 or, 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 [F26 paragraph 2A] of regulation 70 (urgent cases) applies shall be—

(a) in a case to which sub-paragraph (a) of [F26 paragraph 2A] 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;

F27 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F28 (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

F1 Words 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)

F2 Words 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)

F3 Words in reg. 71(1) inserted (6.9.1999) by The Social Security Act 1998 (Commencement No. 9, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/2422), art. 3(1), Sch. 6 para. 2

F4 Words 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

F5 Words 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)

F6 Words 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)

F7 Reg. 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)

F8 Words 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

F9 Reg. 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)

F10 Words 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)

F11 Words 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

F12 Words 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)

F13 Words 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)

F14 Words 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)

F15 Words 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)

F16 Words 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)

F17 Words 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)

F18 Words 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)

F19 Words 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)

F20 Reg. 71(1)(d) added (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 25(b)

F21 Words in reg. 71(1)(d) substituted (3.4.2000) by The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (S.I. 2000/636), regs. 1(1), 3(8)(a)

F22 Words 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)

F23 Reg. 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)

F24 Reg. 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)

F25 Words 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

F26 Words in reg. 71(2) substituted (3.4.2000) by The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (S.I. 2000/636), regs. 1(1), 3(8)(b)

F27 Reg. 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)

F28 Reg. 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)

C1 Reg. 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 2000 (S.I. 2000/440), arts. 1(2)(g), 16(9), Sch. 6

C2 Reg. 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 2000 (S.I. 2000/440), arts. 1(2)(g), 16(2)

C3 Reg. 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 2000 (S.I. 2000/440), arts. 1(2)(g), 16(9), Sch. 6

C4 Reg. 71(1)(b)(ii)(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 2000 (S.I. 2000/440), arts. 1(2)(g), 16(2)

C5 Reg. 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 2000 (S.I. 2000/440), arts. 1(2)(g), 16(9), Sch. 6

C6 Reg. 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 2000 (S.I. 2000/440), arts. 1(2)(g), 16(2)

C7 Reg. 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 2000 (S.I. 2000/440), arts. 1(2)(g), 16(9), Sch. 6

C8 Reg. 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 2000 (S.I. 2000/440), arts. 1(2)(g), 16(2)

Commencement Information

I1 Reg. 71 in force at 11.4.1988, see reg. 1