The Income Support (General) Regulations 1987

Circumstances in which the maximum is not to apply E+W+S

12.—(1) Where a claimant who satisfies the conditions in sub-paragraph (2) has been able to meet the charges referred to in paragraphs 1 and 2 without recourse to income support or supplementary benefit, the maximum determined in accordance with paragraph 5 shall not apply for the period of 13 weeks or, if alternative accommodation is found earlier, such lesser period following the date of claim except to the extent that the claimant is able to meet out of income disregarded for the purposes of Part V the balance of the actual charge over the maximum.

(2) The conditions for the purposes of sub-paragraph (1) are that—

(a) the claimant has lived in the same accommodation for more than 12 months; and

(b) he was able to afford the charges in respect of that accommodation when he took up residence; and

(c) having regard to the availability of suitable alternative accommodation and to the circumstances mentioned in paragraph 10(7)(b) of Schedule 3 (housing costs), it is reasonable that the maximum should not apply in order to allow him time to find alternative accommodation; and

(d) he is not a person who is being accommodated—

(i) by a housing authority under Part III of the Housing Act 1985 F1 (housing the homeless), or

(ii) by a local authority under [F2 section 20 of the Children Act 1989 (provision of accommodation for children: general)] or, in Scotland, section 12 of the Social Work (Scotland) Act 1968 F3 (general welfare); and

(e) he is seeking alternative accommodation and intends to leave his present accommodation once alternative accommodation is found.

(3) Where—

(a) the claimant was a resident in a residential care home or nursing home immediately before 29 April 1985 and has continued after that date to be resident in the same accommodation, apart from any period of temporary absence; and

(b) immediately before that date, the actual charge for the claimant's accommodation was being met either wholly or partly out of the claimant's resources, or, wholly or partly out of other resources which can no longer be made available for this purpose; and

(c) since that date the local authority have not at any time accepted responsibility for the making of arrangements for the provision of such accommodation for the claimant; and

(d) the Secretary of State, in his discretion, has determined that this sub-paragraph shall have effect in the particular case of the claimant in order to avoid exceptional hardship,

the maximum amount shall be the rate specified in sub-paragraph (4) if that rate exceeds the maximum which, but for this sub-paragraph, would be determined under paragraph 5.

(4) For the purposes of sub-paragraph (3) the rate is either—

(a) the actual weekly charge for the accommodation immediately before 29 April 1985 plus £10; or

(b) the aggregate of the following amounts—

(i) the amount estimated under regulation 9(6) of the Supplementary Benefit (Requirements) Regulations 1983 F4 as then in force as the reasonable weekly charge for the area immediately before that date;

(ii) £26.15; and

(iii) if the claimant was entitled at that date to attendance allowance under section 35 of the Social Security Act at the higher rate £28.60 or, as the case may be, at the lower rate, £19.10,

whichever is the lower amount.

Textual Amendments

F1 1985 c. 68.

F2 Words in Sch. 4 para. 12(2)(d)(ii) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) Amendment Regulations 1992 (S.I. 1992/468), reg. 1(1), Sch. para. 8(a)

F3 1968 c. 49.

F4 S.I. 1983/1399.

Commencement Information

I1 Sch. 4 para. 12 in force at 11.4.1988, see reg. 1