The Income Support (General) Regulations 1987

PART I E+W+S applicable amounts of persons in board and lodging accommodation or hostels

1.—(1) Subject to sub-paragraph (2), the weekly applicable amount of a claimant to whom regulation 20 applies shall be the aggregate of— E+W+S

(a) subject to paragraph 3, the weekly charge for the accommodation including all meals and services provided for him or, if he is a member of a family, for him and his family increased where appropriate in accordance with paragraph 2 but, except in a case to which paragraph 10 applies, subject to the maximum determined in accordance with paragraph 5; and

(b) a weekly amount for personal expenses for him and, if he is a member of a family, for each member of his family[F1 , subject to sub-paragraph (3),] determined in accordance with paragraph 11; and

(c) where he is only temporarily in such accommodation any amount applicable under [F2 regulation 17(1)(e) or 18(1)(f)] (housing costs) in respect of the dwelling normally occupied as the home; [F3 and

(d) any amount determined in accordance with regulation 17(1)(f) or 18(1)(g) (applicable amounts).]

(2) No amount shall be included in respect of any child or young person who is a member of the claimant's family if the capital of that child or young person calculated in accordance with Part V in like manner as for the claimant, except where otherwise provided, would exceed £3,000.

[F4 (3) No amount shall be included for personal expenses for a partner aged less than 18 other than one to whom regulation 13A applies or one who is the subject of a direction under section 20(4A) of the Act.]

Textual Amendments

F1 Words in Sch. 5 para. 1(1)(b) inserted (12.9.1988) by The Income Support (General) Amendment No. 3 Regulations 1988 (S.I. 1988/1228), regs. 1(1)(b), 10(a)

F2 Words in Sch. 5 para. 1(1)(c) substituted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 22(a)(i)

F3 Sch. 5 para. 1(1)(d) and word added (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 22(a)(ii)

F4 Sch. 5 para. 1(3) inserted (12.9.1988) by The Income Support (General) Amendment No. 3 Regulations 1988 (S.I. 1988/1228), regs. 1(1)(b), 10(b)

Modifications etc. (not altering text)

C1 Sch. 5 Pt. I para. 1(2) sum confirmed (coming into force in accordance with art. 1(3) of the amending S.I.) by The Social Security Benefits Up-rating Order 1989 (S.I. 1989/43), arts. 1(3), 15(2) (with art. 20)

Commencement Information

I1 Sch. 5 para. 1 in force at 11.4.1988, see reg. 1

2.  Where the weekly charge for accommodation does not include the provision of all meals, it shall, for the purpose of paragraph 1 (1) (a) be increased in respect of the claimant or, if he is a member of a family, in respect of each member of his family by the following amount— E+W+S

(a) if the meals can be purchased within the F5 ... hostel, the amount equal to the actual cost of the meals, calculated on a weekly basis; or

(b) if the meals cannot be so purchased, the amount calculated on a weekly basis—

(i) for breakfast, at a daily rate of £1.10;

(ii) for a midday meal, at a daily rate of £1.55;

(iii) for an evening meal, at a daily rate of £1.55; except that, if some or all of the meals are normally provided free of charge or at a reduced rate, the amount shall be reduced to take account of the lower charge or reduction.

Textual Amendments

F5 Words in Sch. 5 para. 2(a) 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. 1 (with reg. 28)

Modifications etc. (not altering text)

C2 Sch. 5 sums confirmed (coming into force in accordance with art. 1(3) of the amending S.I.) by The Social Security Benefits Up-rating Order 1989 (S.I. 1989/43), arts. 1(3), 15(11), Sch. 6 Pt. II (with art. 20)

Commencement Information

I2 Sch. 5 para. 2 in force at 11.4.1988, see reg. 1

3.  Where any part of the weekly charge for the accommodation is met by housing benefit, an amount equal to the part so met shall be deducted from the amount calculated in accordance with paragraph 1 (1) (a). E+W+S

Commencement Information

I3 Sch. 5 para. 3 in force at 11.4.1988, see reg. 1

F6 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F6 Sch. 5 para. 4 omitted (11.4.1988) by virtue of The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 32(a)

Commencement Information

I4 Sch. 5 para. 4 in force at 11.4.1988, see reg. 1

[F7 5.   Subject to paragraphs 6 and 7, the maximum referred to in paragraph 1(1)(a) shall be— E+W+S

(a) in the case of a single claimant £70.00 per week;

(b) where the claimant is a member of a family, in respect of each member of the family aged under 11, 1½ times the amount specified in paragraph 2(a) of Schedule 2, and in respect of each other member of the family, £70.00 per week.]

Textual Amendments

F7 Sch. 5 para. 5 substituted (10.4.1989) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), reg. 1(1)(c), Sch. 1 para. 7(c) (with reg. 28)

Modifications etc. (not altering text)

C2 Sch. 5 sums confirmed (coming into force in accordance with art. 1(3) of the amending S.I.) by The Social Security Benefits Up-rating Order 1989 (S.I. 1989/43), arts. 1(3), 15(11), Sch. 6 Pt. II (with art. 20)

Commencement Information

I5 Sch. 5 para. 5 in force at 11.4.1988, see reg. 1

6.  The maximum amount applicable in respect of a member of the family aged under 11 calculated in the manner referred to in paragraph 5 (b) (i) shall be rounded to the nearest multiple of 5p by treating an odd amount of 2.5p or more as 5p and by disregarding an odd amount of less than 2.5p. E+W+S

Commencement Information

I6 Sch. 5 para. 6 in force at 11.4.1988, see reg. 1

7.  Except as provided by paragraph 9, the maximum amount specified in paragraph 5 shall be increased by any excess of the actual charge made to the claimant or, if he is a member of a family, made in respect of the family [F8 , increased where appropriate in accordance with paragraph 2,] up to £17.50 in a case to which paragraph 8 applies or, if the claimant is one of a couple and paragraph 8 (a) or (c) (i) or (ii) applies, up to £35.00. E+W+S

Textual Amendments

F8 Words in Sch. 5 para. 7 inserted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 22(b)

Modifications etc. (not altering text)

C2 Sch. 5 sums confirmed (coming into force in accordance with art. 1(3) of the amending S.I.) by The Social Security Benefits Up-rating Order 1989 (S.I. 1989/43), arts. 1(3), 15(11), Sch. 6 Pt. II (with art. 20)

Commencement Information

I7 Sch. 5 para. 7 in force at 11.4.1988, see reg. 1

8.  The increase referred to in paragraph 7 shall apply in the case of— E+W+S

(a) a claimant who has attained a pensionable age or, if one of a couple or polygamous marriage either member of that couple or any member of that marriage is aged 65 or over;

(b) a claimant or any other member of the family who is infirm by reason of physical or mental disability;

(c) a claimant in respect of whom one or more of the following conditions are satisfied:—

(i) he or his partner is a person suffering from a mental disorder within the meaning of the Mental Health Act 1983 F9 or the Mental Health (Scotland) Act 1984 F10 in respect of whom a local social services authority has, under section 21 of, and paragraph 2 of Schedule 8 to, the National Health Service Act 1977 F11 (prevention, care and after-care), made arrangements for the provision of residential accommodation in a private household or in premises which are not required to be registered under the Registered Homes Act 1984 F12 ;

(ii) he or his partner is a person who is resident in premises which are used for the rehabilitation of alcoholics or drug addicts and is so resident for the purposes of such rehabilitation.

Textual Amendments

F9 1983 c. 20.

F10 1984 c. 36.

F11 1977 c. 49, paragraph 2 of Schedule 8 was amended by section 148 of, and Schedule 4 to, the Mental Health Act 1983 and section 30 of, and Schedule 10 to, the Health and Social Services and Social Security Adjudications Act 1983 (c. 41).

F12 1984 c. 23.

Commencement Information

I8 Sch. 5 para. 8 in force at 11.4.1988, see reg. 1

9.  Only one increase under paragraph 7 shall be applicable in respect of the claimant or any member of his family and the amount payable by virtue of that paragraph in respect of a claimant and his partner shall not exceed £35.00 and, if the claimant or any of his family who are F13 ... in a hostel is in receipt of an attendance allowance the increase shall only be payable to the extent that the excess of the actual charge for F14 ... the hostel over the maximum amount is more than the amount of the attendance allowance in payment but only up to the amount specified for the time being as the higher rate of attendance allowance for the purposes of section 35 (3) of the Social Security Act. E+W+S

Textual Amendments

F13 Words in Sch. 5 para. 9 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. 7(a) (with reg. 28)

F14 Words in Sch. 5 para. 9 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. 1 (with reg. 28)

Modifications etc. (not altering text)

C2 Sch. 5 sums confirmed (coming into force in accordance with art. 1(3) of the amending S.I.) by The Social Security Benefits Up-rating Order 1989 (S.I. 1989/43), arts. 1(3), 15(11), Sch. 6 Pt. II (with art. 20)

Commencement Information

I9 Sch. 5 para. 9 in force at 11.4.1988, see reg. 1

10.—(1) Where the claimant satisfies the conditions in sub-paragraph (2), the maximum referred to in paragraph 1 (1) (a) shall not apply for a period of 13 weeks or, if alternative accommodation is found earlier, such lesser period following 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 [F15 , increased where appropriate in accordance with paragraph 2, for the F16 ... hostel accommodation over the maximum]. E+W+S

(2) For the purposes of sub-paragraph (1) the conditions 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 F17 ... hostels and to the circumstances mentioned in paragraph 10 (7) (b) of Schedule 3 (housing costs), it is reasonable for the maximum referred to in paragraph 5 not to apply for the said period in order to allow the claimant 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 F18 (housing the homeless), or

(ii) by a local authority under section 1 of the Child Care Act 1980 F19 (duty of local authorities to promote welfare of children), or, in Scotland, section 12 of the Social Work (Scotland) Act 1968 F20 (general welfare); and

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

Textual Amendments

F15 Words in Sch. 5 para. 10(1) substituted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 22(c)

F16 Words in Sch. 5 para. 10(1) 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. 7(b) (with reg. 28)

F17 Words in Sch. 5 para. 10(2)(c) 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. 1 (with reg. 28)

F18 1985 c. 68.

F19 1980 c. 5.

F20 1968 c. 49.

Commencement Information

I10 Sch. 5 para. 10 in force at 11.4.1988, see reg. 1

11.  The allowance for personal expenses for the claimant and each member of his family referred to in paragraph 1 (1) (b) shall be— E+W+S

(a) for the claimant and for his partner where—

(i) at least one member of the family is a child or young person, [F21 £13.25];

(ii) he or his partner satisfies the conditions specified in Part III of Schedule 2 (applicable amounts) for the applicability of any of the premiums specified in that Part, [F21 £13.25];

(b) in any other case—

(i) for the claimant, [F21 £11.95] and

(ii) for his partner, [F21 £11.95];

(c) for a young person aged 18, [F21 £11.95];

(d) for a young person aged 16 or over but under 18, [F21 £7.00];

(e) for a child aged 11 or over but under 16, [F21 £6.05];

(f) for a child aged under 11, [F21 £4.10].

Textual Amendments

F21 Sch. 5 Pt. I sums substituted (coming into force in accordance with art. 1(3) of the amending S.I.) by The Social Security Benefits Up-rating Order 1989 (S.I. 1989/43), arts. 1(3), 15(10), Sch. 6 Pt. I (with art. 20)

Commencement Information

I11 Sch. 5 para. 11 in force at 11.4.1988, see reg. 1