- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (12/04/1993)
- Gwreiddiol (a wnaed Fel)
Version Superseded: 25/05/1993
Point in time view as at 12/04/1993.
There are currently no known outstanding effects for the The Income Support (General) Regulations 1987, SCHEDULE 2.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Regulations 17[F1(1)] and 18
Textual Amendments
F1Word in Sch. 2 inserted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 19
Regulations 17[F1(1)](a) and (b) and 18(a) (b) and (c)
1. The weekly amounts specified in column (2) below in respect of each person or couple specified in column (1) shall be the weekly amounts specified for the purposes of regulations 17[F1(1)](a) and [F218(1)] and (b) (applicable amounts and polygamous marriages).E+W+S
Column (1) | Column (2) |
---|---|
Person or Couple | Amount |
[F3(1) Single claimant aged–E+W+S | |
(a)except where head (b) or (c) of this sub-paragraph applies, less than 18; | (a)[F4£26.45;] |
(b)less than 18 who falls within any of the circumstances specified in Part II of Schedule 1A or who, had he been a registered person, would fall within any of those circumstances and who– (i)is eligible for income support under regulation 13A; or (ii)is the subject of a direction under section 20(4A) of the Act; | (b)[F4£34.80;] |
(c)less than 18 who satisfies the condition in paragraph 11(a); | (c)[F4£34.80;] |
(d)not less than 18 but less than 25; | (d)[F4£34.80;] |
(e)not less than 25. | (e)[F4£44.00.] |
(2) Lone parent aged— | |
(a)except where head (b) or (c) of this sub-paragraph applies, less than 18; | (a)[F4£26.45;] |
(b)less than 18 who falls within any of the circumstances specified in Part II of Schedule 1A or who, had he been a registered person, would fall within any of those circumstances and who– (i)is eligible for income support under regulation 13A; or (ii)is the subject of a direction under section 20(4A) of the Act; | (b)[F4£34.80;] |
(c)less than 18 who satisfies the condition in paragraph 11(a); | (c)[F4£34.80;] |
(d)not less than 18. | (d)[F4£44.00.]] |
[F5(3) Couple– | |
(a)where both members are persons aged less than 18 | (a)[F4£52.40;] and |
(i)at least one of them is treated as responsible for a child; or | |
(ii)had they not been members of a couple, each would be eligible for income support under regulation 13A (circumstances in which a person aged 16 or 17 is eligible for income support); or | |
(iii)they are married and each member is either a registered person or a person to whom Part I of Schedule 1A applies; or | |
(iv)there is a direction under section 20(4A) of the Act (income support to avoid severe hardship) in respect of each member; or | |
(v)there is a direction under section 20(4A) of the Act in respect of one of them and the other is eligible for income support under regulation 13A; | |
[F6(aa)where both members are aged less than 18 and sub-paragraph (3)(a) does not apply but one member of the couple [F7falls within any of the circumstances specified in Part II of Schedule 1A or who, had he been a registered person, would fall within any of those circumstances and that member]– (i)is eligible for income support under regulation 13A; or (ii)is the subject of a direction under section 20(4A) of the Act.] | (aa)[F4£34.80;] |
(b)where both members are aged less than 18 and sub–paragraph (3)(a) [F8or (aa)] above does not apply but one member of the couple– | (b)[F4£26.45;] |
(i)is eligible for income support under regulation 13A; or | |
(ii)is the subject of a direction under section 20(4A); | |
(c)where both members are aged not less than 18; | (c)[F4£69.00;] |
(d)where one member is aged not less than 18 and the other member is a person under 18 who– | (d)[F4£69.00;] |
(i)is eligible for income support under regulation 13A; or | |
(ii)is the subject of a direction under section 20(4A); | |
(e)where one member is aged not less than 18 but less than 25 and the other member is a person under 18 who– | (e)[F4£34.80;] |
(i)is not eligible for income support under regulation 13A; or | |
(ii)is not the subject of a direction under section 20(4A); | |
(f)where one member is aged not less than 25 and the other member is a person under 18 who– | (f)[F4£44.00.] |
(i)is not eligible for income support under regulation 13A; and | |
(ii)is not the subject of a direction under section 20(4A).] |
Textual Amendments
F1Word in Sch. 2 inserted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 19
F2Words in Sch. 2 para. 1 substituted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 19(a)
F3Sch. 2 para. 1(1)(2) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) Amendment No. 2 Regulations 1990 (S.I. 1990/1168), regs. 1(1)(a), 2
F4Sch. 2 Pt. I sums amended (coming into force in accordance with art. 1(2)(f) of the amending S.I.) by The Social Security Benefits Up-rating Order 1993 (S.I. 1993/349), art. 16(3), Sch. 4
F5Sch. 2 para. 1(3) substituted (12.9.1988) by The Income Support (General) Amendment No. 3 Regulations 1988 (S.I. 1988/1228), regs. 1(1)(b), 9
F6Sch. 2 para. 1(3)(aa) inserted (10.7.1989) by The Family Credit and Income Support (General) Amendment Regulations 1989 (S.I. 1989/1034), regs. 1(1)(a), 11(b)(i)
F7Words in Sch. 2 para. 1(3)(aa) substituted (9.10.1989) by The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(a), 6(c)
F8Words in Sch. 2 para. 1(3)(b) inserted (10.7.1989) by The Family Credit and Income Support (General) Amendment Regulations 1989 (S.I. 1989/1034), regs. 1(1)(a), 11(b)(ii)
Commencement Information
I1Sch. 2 para. 1 in force at 11.4.1988, see reg. 1
[F92. The weekly amounts specified in column (2) below in respect of each person specified in column (1) shall be the weekly amounts specified for the purposes of regulations 17(1)(b) and 18(1)(c).E+W+S
Textual Amendments
F4Sch. 2 Pt. I sums amended (coming into force in accordance with art. 1(2)(f) of the amending S.I.) by The Social Security Benefits Up-rating Order 1993 (S.I. 1993/349), art. 16(3), Sch. 4
F9Sch. 2 para. 2 substituted (1.10.1991) by The Income Support (General) Amendment No. 4 Regulations 1991 (S.I. 1991/1559), regs. 1(1)(b), 15(b) (with reg. 1(2))
Commencement Information
I2Sch. 2 para. 2 in force at 11.4.1988, see reg. 1
[F102A.—(1) The weekly amount for the purposes of regulation 17(1)(bb) and 18(1)(cc) (residential allowance) in respect of a person who satisfies the conditions specified in sub-paragraph (2) shall be—E+W+S
(a)except in a case to which head (b) applies, £45.00; and
(b)where the home in which the person resides is situated within the area described in Schedule 3C (the Greater London area), £50.00.
(2) Subject to sub-paragraphs (3) and (4), the conditions are—
(a)the person resides in a residential care home or a nursing home and for this purpose a person shall be regarded as residing in such a home during any period of absence from the home which does not exceed 6 days;
[F11(aa)the person both requires personal care and is provided with it in the home and for this purpose “personal care” means care which includes assistance with bodily functions where such assistance is required;]
(b)he does not have a preserved right;
(c)he is aged 16 or over;
(d)both the person’s accommodation and such meals (if any) as are provided for him are provided on a commercial basis; and
(e)no part of the weekly charge for accommodation is met by housing benefit.
(3) For the purposes of sub-paragraph (2), but subject to sub-paragraph (4), a person resides in a residential care home where the home in which he resides—
(a)is registered under Part I of the Registered Homes Act 1984 or is deemed to be so registered by virtue of section 2(3) of the Registered Homes (Amendment) Act 1991 (registration of small homes where application for registration not determined);
(b)is managed or provided by a body incorporated by Royal Charter or constituted by Act of Parliament (other than a social services authority) and provides both board and personal care for the claimant; or
(c)is in Scotland and is registered under section 61 of the Social Work (Scotland) Act 1968 or is an establishment provided by a housing association registered with Scottish Homes established by the Housing (Scotland) Act 1988 which provides care equiva lent to that given in residential accommodation provided under Part IV of the Social Work (Scotland) Act 1968;
and a person resides in a nursing home where the home in which he resides is such a home for the purposes of regulation 19.
(4) A person shall not be regarded as residing in a nursing home for the purposes of sub-paragraph (2) where the home in which he resides is a hospice, and for this purpose “hospice” means a nursing home which—
(a)if situate in England or Wales, is registered under Part II of the Registered Homes Act 1984, or
(b)if situate in Scotland, is exempted from the operation of the Nursing Homes Registration (Scotland) Act 1938 by virtue of section 6 of that Act,
and which provides nursing for persons resident therein who suffer from a progressive disease and for whom the purpose of treatment is palliative.
(5) Where—
(a)a person has been registered under the Registered Homes Act 1984 in respect of premises which have been carried on as a residential care home or, as the case may be, a nursing home, and that person has ceased to carry on such a home; and
(b)an application for registration under that Act has been made by another person and that application has not been determined or abandoned,
then any question arising for determination under this paragraph shall be determined as if the most recent registration under that Act in respect of those premises continued until the day on which the application is determined or abandoned.]
Textual Amendments
F10Sch. 2 para. 2A inserted (1.4.1993) by The Social Security Benefits (Amendments Consequential Upon the Introduction of Community Care) Regulations 1992 (S.I. 1992/3147), regs. 1(1), 2(1)(d)
F11Sch. 2 para. 2A(2)(aa) inserted (1.4.1993) by The Social Security Benefits (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/518), regs. 1, 5(4)
Modifications etc. (not altering text)
C1Sch. 2 Pt. I para. 2A sums maintained (coming into force in accordance with art. 1(2)(f) of the amending S.I.) by The Social Security Benefits Up-rating Order 1993 (S.I. 1993/349), art. 16(4)
Regulations 17[F1(1)](c) and 18(d)
3. The weekly amount for the purposes of regulations 17[F1(1)](c) [F12and 18(1)](d) in respect of a family of which at least one member is a child or young person shall be [F13£9.65.]E+W+S
Textual Amendments
F1Word in Sch. 2 inserted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 19
F12Words in Sch. 2 para. 3 substituted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 19(c)
F13Sum in Sch. 2 Pt. II para. 3 substituted (coming into force in accordance with art. 1(2)(f) of the amending S.I.) by The Social Security Benefits Up-rating Order 1993 (S.I. 1993/349), art. 16(5)
Commencement Information
I3Sch. 2 para. 3 in force at 11.4.1988, see reg. 1
Regulations 17[F1(1)](d) and 18(e)
4. Except as provided in paragraph 5, the weekly premiums specified in Part IV of this Schedule shall, for the purposes of regulations 17[F1(1)](d) [F14and 18(1)](e), be applicable to a claimant who satisfies the condition specified in paragraphs [F158 to 14ZA] in respect of that premium.E+W+S
Textual Amendments
F1Word in Sch. 2 inserted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 19
F14Words in Sch. 2 para. 4 substituted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 19(c)
F15Words in Sch. 2 para. 4 substituted (1.10.1990) by The Income Support (General) Amendment No. 3 Regulations 1990 (S.I. 1990/1776), regs. 1(1)(a), 8(a) (with reg. 1(2))
Commencement Information
I4Sch. 2 para. 4 in force at 11.4.1988, see reg. 1
5. Subject to paragraph 6, where a claimant satisfies the conditions in respect of more than one premium in this Part of this Schedule, only one premium shall be applicable to him and, if they are different amounts, the higher or highest amount shall apply.E+W+S
Commencement Information
I5Sch. 2 para. 5 in force at 11.4.1988, see reg. 1
6.—(1) The severe disability premium to which paragraph 13 applies may be applicable in addition to [F16any other premium which may apply under this Schedule.] E+W+S
(2) [F17The disabled child premium and the carer premium to which paragraphs 14 and 14ZA respectively apply] may be applicable in addition to any other premium which may apply under this Schedule.
Textual Amendments
F16Words in Sch. 2 para. 6(1) substituted (9.10.1989) by The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(a), 6(d)
F17Words in Sch. 2 para. 6(2) substituted (1.10.1990) by The Income Support (General) Amendment No. 3 Regulations 1990 (S.I. 1990/1776), regs. 1(1)(a), 8(b) (with reg. 1(2))
Commencement Information
I6Sch. 2 para. 6 in force at 11.4.1988, see reg. 1
7.—[F18(1)] [F19Subject to sub-paragraph (2)] for the purposes of this Part of this Schedule, once a premium is applicable to claimant under this Part, a person shall be treated as being in receipt of any benefit—
(a)in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations 1979 F20 applies, for any period during which, apart from the provisions of those Regulations, he would be in receipt of that benefit; and
(b)for any period spent by a person in undertaking a course of training or instruction provided or approved by the [F21Secretary of State for Employment] under section 2 of the Employment and Training Act 1973 F22 [F23or by Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990,] [F24or for any period during which he is in receipt of a training allowance].
[F25(2) For the purposes of the carer premium under paragraph 14ZA, a person shall be treated as being in receipt of invalid care allowance by virtue of sub-paragraph (1)(a) only if and for so long as the person in respect of whose care the allowance has been claimed remains in receipt of attendance allowance [F26, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act.].]
Textual Amendments
F18 Sch. 2 para. 7 renumbered as Sch. 7 para. 7(1) (1.10.1990) by The Income Support (General) Amendment No. 3 Regulations 1990 (S.I. 1990/1776), regs. 1(1)(a), 8(c)(i) (with reg. 1(2))
F19Words in Sch. 2 para. 7(1) inserted (1.10.1990) by The Income Support (General) Amendment No. 3 Regulations 1990 (S.I. 1990/1776), regs. 1(1)(a), 8(c)(i) (with reg. 1(2))
F21Words in Sch. 2 para. 7(b) substituted (8.4.1991) by The Income Support (General) Amendment Regulations 1991 (S.I. 1991/236), regs. 1(1)(b), 2(1)(e) (with reg. 1(2))
F221973 c. 50 as amended by sections 9 and 11 and Schedule 2 Part II paragraph 9 and Schedule 3 of the Employment and Training Act 1981 (c. 57).
F23Words in Sch. 2 para. 7(1)(b) added (1.4.1991) by The Enterprise (Scotland) Consequential Amendments Order 1991 (S.I. 1991/387), arts. 1, 9(d)
F24Words in Sch. 2 para. 7(b) inserted (9.10.1989) by The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(a), 6(e)
F25Sch. 2 para. 7(2) added (1.10.1990) by The Income Support (General) Amendment No. 3 Regulations 1990 (S.I. 1990/1776), regs. 1(1)(a), 8(c)(ii) (with reg. 1(2))
F26Words in Sch. 2 para. 7(2) added (6.4.1992) by The Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations 1991 (S.I. 1991/2742), regs. 1(1), 11(4)(a) (with reg. 1(2))
Commencement Information
I7Sch. 2 para. 7 in force at 11.4.1988, see reg. 1
8. The condition is that the claimant is a member of a family but has no partner.
Commencement Information
I8Sch. 2 para. 8 in force at 11.4.1988, see reg. 1
9. The condition is that the claimant–
(a)is a single claimant or lone parent aged not less than 60 but less than 75; or
(b)has a partner and is, or his partner is, aged not less than 60 but less than 75.
Textual Amendments
F27 Sch. 2 paras. 9-9A substituted for Sch. 2 para. 9 (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), regs. 1(1), 5(a)
Commencement Information
I9Sch. 2 para. 9 in force at 11.4.1988, see reg. 1
9A. The condition is that the claimant–
(a)is a single claimant or lone parent aged not less than 75 but less than 80; or
(b)has a partner and is, or his partner is, aged not less than 75 but less than 80.]
Textual Amendments
F27 Sch. 2 paras. 9-9A substituted for Sch. 2 para. 9 (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), regs. 1(1), 5(a)
10.—(1) Where the claimant is a single claimant or a lone parent, the condition is that—
(a)he is aged not less than 80; or
(b)he is aged less than 80 but not less than 60, and
(i)the additional condition specified in paragraph 12(1)(a) [F28or (c)] is satisfied; or
(ii)he was entitled to income support and the disability premium was applicable to him in respect of a benefit week within eight weeks of his 60th birthday and he has, subject to sub-paragraph (3), remained continuously entitled to income support since attaining that age.
(2) Where the claimant has a partner, the condition is that—
(a)he or his partner is aged not less than 80; or
(b)he or his partner is aged less than 80 but not less than 60 and either—
(i)the additional condition specified in paragraph 12(1)(a) [F28or (c)] is satisfiedF29...; or
(ii)he was entitled to income support and the disability premium was applicable to him in respect of a benefit week within eight weeks of his 60th birthday and he has, subject to sub-paragraph (3), remained continuously entitled to income support since attaining that age.
(3) For the purposes of this paragraph and paragraph 12—
(a)once the higher pensioner premium is applicable to a claimant, if he then ceases, for a period of eight weeks or less, to be entitled to income support, he shall, on becoming re-entitled to income support, thereafter be treated as having been continuously entitled thereto;
(b)in so far as sub-paragraphs (1)(b)(ii) and (2)(b)(ii) are concerned, if a claimant ceases to be entitled to income support for a period not exceeding eight weeks which includes his 60th birthday, he shall, on becoming re-entitled to income support, thereafter be treated as having been continuously entitled thereto.
Textual Amendments
F28Words in Sch. 2 para. 10 inserted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 29(a)
F29Words in Sch. 2 para. 10(2)(b)(i) omitted (6.4.1992) by virtue of The Income Support (General) Amendment Regulations 1992 (S.I. 1992/468), regs. 1(1), 6 (with reg. 1(2))
Commencement Information
I10Sch. 2 para. 10 in force at 11.4.1988, see reg. 1
11. The condition is that—
(a)where the claimant is a single claimant or a lone parent, he is aged less than 60 and the additional condition specified in paragraph 12 is satisfied; or
(b)where the claimant has a partner, either—
(i)the claimant is aged less than 60 and the additional condition specified in paragraph [F3012(1)(a), (b) or (c)] is satisfied by him; or
(ii)his partner is aged less than 60 and the additional condition specified in paragraph 12(1)(a) [F31or (c)] is satisfied by his partner.
Textual Amendments
F30Words in Sch. 2 para. 11(b)(i) substituted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 29(b)(i)
F31Words in Sch. 2 para. 11(b)(ii) inserted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 29(b)(ii)
Commencement Information
I11Sch. 2 para. 11 in force at 11.4.1988, see reg. 1
12.—(1) Subject to sub-paragraph (2) and paragraph 7 the additional condition referred to in paragraphs 10 and 11 is that either—
(a)the claimant or, as the case may be, his partner—
(i)is in receipt of one or more of the following benefits: attendance allowance, [F32disability living allowance, disability working allowance], mobility supplement, invalidity pension under section 15 of the Social Security Act F33, or severe disablement allowance under section 36 of that Act F34 [F35but, in the case of invalidity pension or severe disablement allowance only where it is paid in respect of him]; or
(ii)is provided by the Secretary of State with an invalid carriage or other vehicle under section 5(2) of the National Health Service Act 1977 F36 (other services) or, in Scotland, under section 46 of the National Health Service (Scotland) Act 1978 F37 (provision of vehicles) or receives payments by way of grant from the Secretary of State under paragraph 2 of Schedule 2 to that 1977 Act (additional provisions as to vehicles) or, in Scotland, under that section 46; or
(iii)is registered as blind in a register compiled by a local authority under section 29 of the National Assistance Act 1948 F38 (welfare services) or, in Scotland, has been certified as blind and in consequence he is registered as blind in a register maintained by or on behalf of a regional or islands council; or
[F39(b)the circumstances of the claimant fall, and have fallen, in respect of a continuous period of not less than 28 weeks, within paragraph 5 of Schedule 1 or, if he was in Northern Ireland for the whole or part of that period, within one or more comparable Northern Irish provisions;]
(c)the claimant or, as the case may be, his partner was in receipt of either—
[F40(i)invalidity pension under section 15 of the Social Security Act when entitlement to that benefit ceased on account of the payment of a retirement pension under the Social Security Act and the claimant has since remained continuously entitled to income support and, if the invalidity pension was payable to his partner, the partner is still alive; or]
(ii)except where paragraph 1(a), (b), (c)(ii) or (d)(ii) of Schedule 7 (patients) applies, attendance allowance [F41or disability living allowance but payment of benefit has been suspended in accordance with regulations made under section 82(6)(b) of the Social Security Act 1975,]
and, in either case, the higher pensioner premium or disability premium has been applicable to the claimant or his partner.
(2) For the purposes of sub-paragraph (1)(a)(iii), a person who has ceased to be registered as blind on regaining his eyesight shall nevertheless be treated as blind and as satisfying the additional condition set out in that sub-paragraph for a period of 28 weeks following the date on which he ceased to be so registered.
(3) For the purposes of sub-paragraph (1)(b), once the disability premium is applicable to a claimant by virtue of his satisfying the condition specified in that provision, if he then ceases, for a period of eight weeks or less, to be treated as incapable of work for the purposes of the provisions specified in that provision he shall, on again becoming so incapable of work, immediately thereafter be treated as satisfying the condition in sub-paragraph (1)(b).
(4) For the purpose of sub-paragraph (1)(c), once the higher pensioner premium is applicable to the claimant by virtue of his satisfying the condition specified in that provision, if he then ceases, for a period of eight weeks or less, to be entitled to income support, he shall on again becoming so entitled to income support, immediately thereafter be treated as satisfying the condition in sub-paragraph (1)(c).
[F42(5) For the purposes of sub-paragraph (1)(b), once the disability premium is applicable to a claimant by virtue of his satisfying the additional condition specified in that provision, he shall continue to be treated as satisfying that condition for any period spent by him in undertaking a course of training provided under section 2 of the Employment and Training Act 1973 [F43or for any period during which he is in receipt of a training allowance].]
Textual Amendments
F32Words in Sch. 2 para. 12(1)(a)(i) substituted (6.4.1992) by The Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations 1991 (S.I. 1991/2742), regs. 1(1), 11(4)(b) (with reg. 1(2))
F33Section 15 was amended by the Social Security Pensions Act 1975 (c. 60), Schedule 4 paragraph 40, the Social Security Act 1979 (c. 18) section 21, Schedule 1, paragraph 1 and Schedule 3 paragraph 7, the Social Security and Housing Benefits Act 1982 (c. 24), Schedule 4, Part I, paragraph 10 and the Social Security Act 1986 (c. 50), Schedule 10, Part V, paragraph 83.
F34Section 36 was substituted by the Health and Social Security Act 1984 (c. 48), section 11; and subsection (4A) of that section inserted by the Social Security Act 1985 (c. 53), Schedule 4, paragraph 3.
F35Words in Sch. 2 para. 12(1)(a)(i) inserted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 29(c)(i)
F361977 c. 49; section 5(2) amended and subsection (2A) added by section 1 of the Public Health Laboratory Service Act 1979 (c. 23) and subsection (2B) added by section 9 of the Health and Social Security Act 1984 (c. 48).
F381948 c. 29; section 29 was amended by section 1(2) of the National Assistance (Amendment) Act 1959 (c. 30); the Mental Health (Scotland) Act 1960 (c. 61) sections 113 and 114 and Schedule 4; the Local Government Act 1972 (c. 70) Schedule 23 paragraph 2; the Employment and Training Act 1973 (c. 50) Schedule 3 paragraph 3; the National Health Service Act 1977 (c. 49) Schedule 15 paragraph 6; and the Health and Social Services and Social Security Adjudications Act 1983 (c. 41) Schedule 10 Part I.
F39Sch. 2 para. 12(1)(b) substituted (10.4.1989) by The Income Support (General) Amendment No. 5 Regulations 1988 (S.I. 1988/2022), regs. 1(1)(b), 17(a)
F40Sch. 2 para. 12(1)(c)(i) substituted (6.4.1992) by The Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations 1991 (S.I. 1991/2742), regs. 1(1), 11(4)(c) (with reg. 1(2))
F41Words in Sch. 2 para. 12(1)(c)(ii) substituted (6.4.1992) by The Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations 1991 (S.I. 1991/2742), regs. 1(1), 11(4)(d) (with reg. 1(2))
F42Sch. 2 para. 12(5) added (12.12.1988) by The Income Support (General) Amendment No. 5 Regulations 1988 (S.I. 1988/2022), regs. 1(1)(a), 17(b)
F43Words in Sch. 2 para. 12(5) inserted (9.10.1989) by The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(a), 6(e)
Commencement Information
I12Sch. 2 para. 12 in force at 11.4.1988, see reg. 1
13.—(1) The condition is that the claimant is a severely disabled person.
(2) For the purposes of sub-paragraph (1), a claimant shall be treated as being a severely disabled person if, and only if—
(a)in the case of a single claimant or a lone parent—
(i)he is in receipt of attendance allowance[F44, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act], and
(ii)subject to sub-paragraph (3), he has no non-dependants aged 18 or over residing with him, and
(iii)F45... an invalid care allowance under section 37 of the Social Security Act F46 [F47is not in payment to anyone] in respect of caring for him;
(b)if he has a partner—
(i)he is in receipt of attendance allowance[F48, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act]; and
(ii)his partner is also in receipt of such an allowance or, if he is a member of a polygamous marriage, all the partners of that marriage are in receipt thereof; and
(iii)subject to sub-paragraph (3), he has no non-dependants aged 18 or over residing with him,
and, either [F49an invalid care allowance is in payment to someone] in respect of caring for only one of the couple or, in the case of a polygamous marriage, for one or more but not all the partners of the marriage, or, as the case maybe, [F49such an allowance is not in payment to anyone] in respect of caring for either member of the couple or any partner of the polygamous marriage.
(3) For the purposes of sub-paragraph (2)(a)(ii) and (2)(b)(iii) no account shall be taken of—
(a)a person receiving attendance allowance[F50, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act]; or
(b)a person to whom regulation 3(3) (non-dependants) applies; or
(c)subject to sub-paragraph (4), a person who joins the claimant's household for the first time in order to care for the claimant or his partner and immediately before so joining the claimant or his partner was treated as a severely disabled person.
[F51(3A) For the purposes of sub-paragraph (2)(b) a person shall be treated as being in receipt of—
(a)attendance allowance[F52, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act] if he would, but for his being a patient for a period exceeding 28 days, be so in receipt;
(b)invalid care allowance if he would, but for the person for whom he was caring being a patient in hospital for a period exceeding 28 days, be so in receipt.]
(4) Sub-paragraph (3)(c) shall apply only for the first 12 weeks following the date on which the person to whom that provision applies first joins the claimant's household.
Textual Amendments
F44Words in Sch. 2 para. 13(2)(a)(i) inserted (6.4.1992) by The Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations 1991 (S.I. 1991/2742), regs. 1(1), 11(4)(e) (with reg. 1(2))
F45Words in Sch. 2 para. 13(2)(a)(iii) omitted (9.10.1989) by virtue of The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(a), 6(f)(i)
F46Section 37 was amended by the Social Security (Miscellaneous Provisions) Act 1977 (c. 5), section 22(2).
F47Words in Sch. 2 para. 13(2)(a)(iii) inserted (9.10.1989) by The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(a), 6(f)(i)
F48Words in Sch. 2 para. 13(2)(b)(i) inserted (6.4.1992) by The Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations 1991 (S.I. 1991/2742), regs. 1(1), 11(4)(e) (with reg. 1(2))
F49Words in Sch. 2 para. 13(2)(b) substituted (9.10.1989) by The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(a), 6(f)(ii)
F50Words in Sch. 2 para. 13(3)(a) inserted (6.4.1992) by The Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations 1991 (S.I. 1991/2742), regs. 1(1), 11(4)(e) (with reg. 1(2))
F51Sch. 2 para. 13(3A) inserted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 29(d)
F52Words in Sch. 2 para. 13(3A)(a) inserted (6.4.1992) by The Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations 1991 (S.I. 1991/2742), regs. 1(1), 11(4)(e) (with reg. 1(2))
Modifications etc. (not altering text)
C2Sch. 2 para. 13(2)(a)(ii) modified (11.11.1991) by The Income Support (General) Amendment No. 6 Regulations 1991 (S.I. 1991/2334), regs. 1(1), 4(2) (with regs. 1(2), 4(1), 5, 6)
C3Sch. 2 para. 13(2)(b)(iii) modified (11.11.1991) by The Income Support (General) Amendment No. 6 Regulations 1991 (S.I. 1991/2334), regs. 1(1), 4(2) (with regs. 1(2), 4(1), 5, 6)
Commencement Information
I13Sch. 2 para. 13 in force at 11.4.1988, see reg. 1
14. The condition is that a child or young person for whom the claimant or a partner of his is responsible and who is a member of the claimant's household—
(a)has no capital or capital which, if calculated in accordance with Part V in like manner as for the claimant, except where otherwise provided, would not exceed £3,000; and
(b)is in receipt of [F53disability living allowance] or is no longer in receipt of that allowance because he is a patient provided that the child or young person continues to be a member of the family; or
(c)is blind or treated as blind within the meaning of paragraph 12(1)(a)(iii) and (2).
Textual Amendments
F53Words in Sch. 2 para. 14(b) substituted (6.4.1992) by The Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations 1991 (S.I. 1991/2742), regs. 1(1), 11(4)(f) (with reg. 1(2))
Modifications etc. (not altering text)
C4Sch. 2 Pt. III para. 14(a) sum confirmed (coming into force in accordance with art. 1(2)(f) of the amending S.I.) by The Social Security Benefits Up-rating Order 1993 (S.I. 1993/349), art. 16(1)(2)
Commencement Information
I14Sch. 2 para. 14 in force at 11.4.1988, see reg. 1
14ZA.—(1) [F55Subject to sub-paragraphs (3) and (4),] the condition is that the claimant or his partner is, or both of them are, in receipt of invalid care allowance under section 37 of the Social Security Act.
(2) If a claimant or his partner, or both of them, would be in receipt of invalid care allowance but for the provisions of the Social Security (Overlapping Benefits) Regulations 1979, where–
(a)the claim for that allowance was made on or after 1st October 1990, and
(b)the person or persons in respect of whose care the allowance has been claimed remains or remain in receipt of attendance allowance[F56, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act],
he or his partner, or both of them, as the case may be, shall be treated for the purposes of sub-paragraph (1) as being in receipt of invalid care allowance.]
[F57(3) Where a carer premium is awarded but the person in respect of whom it has been awarded either ceases to be in receipt of, or ceases to be treated as being in receipt of, invalid care allowance, the condition for the award of the premium shall be treated as satisfied for a period of eight weeks from the date on which that person ceased to be in receipt of, or ceased to be treated as being in receipt of, invalid care allowance.
(4) Where a person who has been receiving, or who has been treated as receiving invalid care allowance ceases to be in receipt of, or ceases to be treated as being in receipt, of that allowance and makes a claim for income support, the condition for the award of the carer premium shall be treated as satisfied for a period of eight weeks from the date that the person was last in receipt of, or was last treated as being in receipt of, invalid care allowance.]
Textual Amendments
F54Sch. 2 para. 14ZA inserted (1.10.1990) by The Income Support (General) Amendment No. 3 Regulations 1990 (S.I. 1990/1776), regs. 1(1)(a), 8(d) (with reg. 1(2))
F55Words in Sch. 2 para. 14ZA(1) inserted (7.10.1991) by The Income Support (General) Amendment No. 4 Regulations 1991 (S.I. 1991/1559), regs. 1(1)(c), 15(d)(i) (with reg. 1(2))
F56Words in Sch. 2 para. 14ZA(2)(b) inserted (6.4.1992) by The Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations 1991 (S.I. 1991/2742), regs. 1(1), 11(4)(g) (with reg. 1(2))
F57Sch. 2 para. 14ZA(3)(4) added (7.10.1991) by The Income Support (General) Amendment No. 4 Regulations 1991 (S.I. 1991/1559), regs. 1(1)(c), 15(d)(ii) (with reg. 1(2))
14A. For the purpose of determining whether a premium is applicable to a person [F59under paragraphs 12 to 14ZA], any concessionary payment made to compensate that person for the non-payment of any benefit mentioned in those paragraphs shall be treated as if it were a payment of that benefit.]
Textual Amendments
F58Sch. 2 para. 14A inserted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 19(d)
F59Words in Sch. 2 para. 14A substituted (5.8.1991) by The Income Support (General) Amendment No. 4 Regulations 1991 (S.I. 1991/1559), regs. 1(1)(a), 15(e) (with reg. 1(2))
14B. For the purposes of this Part of this Schedule, a person shall be regarded as being in receipt of any benefit if, and only if, it is paid in respect of him and shall be so regarded only for any period in respect of which that benefit is paid.]
Textual Amendments
F60Sch. 2 para. 14B inserted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 17
Commencement Information
I15Sch. 2 Pt. IV in force at 11.4.1988, see reg. 1
Premium | Amount |
---|---|
15. — (1) Lone parent premium. | [F61(1) £4.90.] |
(2) Pensioner premium for persons aged under 75— | |
(a)where the claimant satisfies the condition in paragraph 9(a); | [F61(2) (a) £17.30;] |
(b)where the claimant satisfies the condition in paragraph 9(b). | [F61(b) £26.25.] |
(2A) Pensioner premium for persons aged 75 and over— | |
(a)where the claimant satisfies the condition in paragraph 9A(a); | [F61(2A) (a) £19.30;] |
(b)where the claimant satisfies the condition in paragraph 9A(b). | [F61(b) £29.00.] |
(3) Higher Pensioner Premium— | |
(a)where the claimant satisfies the condition in paragraph 10(1)(a) or (b); | [F61(3) (a) £23.55;] |
(b)where the claimant satisfies the condition in paragraph 10(2)(a) or (b). | [F61(b) £33.70.] |
(4) Disability Premium— | |
(a)where the claimant satisfies the condition in paragraph 11(a); | [F61(4) (a) £18.45;] |
(b)where the claimant satisfies the condition in paragraph 11(b). | [F61(b)£26.45.] |
(5) Severe Disability Premium— | |
(a)where the claimant satisfies the condition in paragraph 13(2)(a); | [F61(5) (a) £33.70;] |
(b)where the claimant satisfies the condition in paragraph 13(2)(b)— | |
(i)if there is someone in receipt of an invalid care allowance or if he or any partner satisfies that condition only by virtue of paragraph 13(3A) ; | [F61(b)(i)£33.70;] |
(ii)if no-one is in receipt of such an allowance. | [F61(ii)£67.40.] |
(6) Disabled Child Premium. | (6) [F61£18.45] in respect of each child or young person in respect of whom the conditions specified in paragraph 14 are satisfied. |
(7) Carer Premium. | (7) [F61£11.95] in respect of each person who satisfied the condition specified in paragraph 14ZA. |
Textual Amendments
F61Sch. 2 Pt. IV sums amended (coming into force in accordance with art. 1(2)(f) of the amending S.I.) by The Social Security Benefits Up-rating Order 1993 (S.I. 1993/349), art. 16(6), Sch. 5
16. Where income support is awarded for a period which is not a complete benefit week and the applicable amount in respect of that period results in an amount which includes a fraction of a penny that fraction shall be treated as a penny.E+W+S
Commencement Information
I16Sch. 2 para. 16 in force at 11.4.1988, see reg. 1
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