- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (09/04/2001)
- Gwreiddiol (a wnaed Fel)
Version Superseded: 04/10/1993
Point in time view as at 09/04/2001. This version of this schedule contains provisions that are not valid for this point in time.
There are currently no known outstanding effects for the The Income Support (General) Regulations 1987, SCHEDULE 7.
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Regulation 21
Commencement Information
I1Sch. 7 in force at 11.4.1988, see reg. 1
Column (1) | Column (2) |
---|---|
[F1Patients1. Subject to paragraphs 2, 2A, 3 and 18, a person who has been a patient for a period of more than six weeks and who is— | |
(a)a single claimant; | 1.— (a)£18.15 plus any amount applicable under regulation 17(1)(e), (f) or (g); |
(b)a lone parent; | (b)£18.15 plus any amounts applicable to him under regulation 17(1)(b), (c), (e), (f) or (g) or under regulation 17(1)(d) because of paragraph 14 of Schedule 2 (applicable amounts); |
(c)a member of a couple— (i)where only one of the couple is a patient or, where both members of the couple are patients but only one has been a patient for that period; | (c)(i)the amount applicable in respect of both of them under regulation 17(1) reduced by £14.50; |
(ii)where both members of the couple have been a patient for that period; | (ii)£36.30 plus any amounts which may be applicable under regulation 17(1)(b), (c), (e), (f) or (g) or under regulation 17(1)(d) because of paragraph 14 of Schedule 2; |
(d)a member of a polygamous marriage— (i)where at least one member of the polygamous marriage is not a patient or has not been a patient for more than that period; | (d)(i)the applicable amount under regulation 18 (polygamous marriages) shall be reduced by £14.50 in respect of each such member who is a patient; |
(ii)where all the members of the polygamous marriage have been patients for more than that period. | (ii)the applicable amount shall be £18.15 in respect of each member plus any amounts applicable under regulation 18(1)(c), (d), (f), (g) or (h), or (e) because of his satisfying the condition specified in paragraph 14 of Schedule 2.] |
[F12. A single claimant who has been a patient for a continuous period of more than 52 weeks, where— | |
(a)the following conditions are satisfied— (i)a person has been appointed to act for him under regulation 33 of the Social Security (Claims and Payments) Regulations 1987 (persons unable to act); and | 2.— (a)Such amount (if any) not exceeding £14.50 as is reasonable having regard to the views of the hospital staff and the patient’s relatives if available as to the amount necessary for his personal use; |
(ii)his income support is payable to an administrative officer of the hospital or other institution either as or at the request of the person so appointed; and | |
(iii)a registered medical practitioner treating him certifies that all or part of his income support cannot be used by him or on his behalf; or | |
(b)those conditions are not satisfied. | (b)£14.50.] |
[F22A. A single claimant who is detained under the provisions of the Mental Health Act 1983 or, in Scotland, under the provisions of the Mental Health (Scotland) Act 1984 or the Criminal Procedure (Scotland) Act 1995, and who immediately before his detention under any of those Acts was a prisoner. | 2A. £14.50]. |
[F33. Subject to paragraph 18— | |
(a)a claimant who is not a patient and who is a member of a family of which another member is a child or young person who has been a patient for a period of more than 12 weeks; or | 3.— (a)The amount applicable to him under regulation 17(1) or 18 except that the amount applicable under regulation 17(1)(b) or 18(1)(c) in respect of the child or young person referred to in Column (1) of this paragraph shall be £14.50 instead of an amount determined in accordance with paragraph 2 of Schedule 2; or |
(b)where the person is a member of a family and paragraph 1 applies to him and another member of the family who is a child or young person has been a patient for a period of more than 12 weeks. | (b)the amount applicable to him under paragraph 1 except that the amount applicable under regulation 17(1)(b) or 18(1)(c) in respect of the child or young person referred to in Column (1) of this paragraph shall be £14.50 instead of an amount determined in accordance with paragraph 2 of Schedule 2.] |
F4. . . | F4. . . |
F5. . . | F5. . . |
Claimants without accommodation | |
6. A claimant who is without accommodation. | 6. The amount applicable to him under regulation 17[F6(1)](a) only. |
Members of religious orders | |
7. A claimant who is a member of and fully maintained by a religious order. | 7. Nil. |
Prisoners | |
Yn ddilys o 12/04/2004 8. A person— | |
(a)except where sub-paragraph (b) applies, who is a prisoner; | 8.— (a)Nil; |
(b)who is detained in custody pending trial or sentence following conviction by a court. | (b)only such amount, if any, as may be applicable under regulation 17[F6(1)](e). |
Specified cases of temporarily separated couples | |
9. A claimant who is a member of a couple and who is temporarily separated from his partner [F7where— (a)one member of the couple is– (i)not a patient but is resident in a nursing home, or (ii)resident in a residential care home, or (iii)resident in premises used for the rehabilitation of alcoholics or drug addicts, or (iv)resident in accommodation provided under section 3 of and Part II of the Schedule to, the Polish Resettlement Act 1947 (provision of accommodation in camps), or (v)participating in arrangements for training made under section 2 of the Employment and Training Act 1973 [F8or section 2 of the Enterprise and New Towns (Scotland) Act 1990] or attending a course at an employment rehabilitation centre established under that section [F9of the 1973 Act], where the course requires him to live away from the dwelling occupied as the home, or (vi)in a probation or bail hostel approved for the purpose by the Secretary of State; and (b)the other member of the couple is– (i)living in the dwelling occupied as the home, or (ii)a patient, or (iii)in residential accommodation, or (iv)resident in a residential care home or nursing home.] | 9. Either— (a)the amount applicable to him as a member of a couple under regulation 17[F6(1)]; or (b)the aggregate of his applicable amount and that of his partner assessed under the provisions of these Regulations as if each of them were a single claimant, or a lone parent, whichever is the greater. |
Polygamous marriages where one or more partners are temporarily separated | |
10. A claimant who is a member of a polygamous marriage and who is temporarily separated from a partner of his, where one of them is living in the home while the other member is— (a)not a patient but is resident in a nursing home; or (b)resident in a residential care home; or (c)F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d)resident in premises used for the rehabilitation of alcoholics or drug addicts; or (e)attending a course of training or instruction provided or approved by the [F11Secretary of State for Education and Employment] where the course requires him to live away from home; or (f)in a probation or bail hostel approved for the purpose by the Secretary of State. | 10. Either— (a)the amount applicable to the members of the polygamous marriage under regulation 18; or (b)the aggregate of the amount applicable for the members of the polygamous marriage who remain in the home under regulation 18 and the amount applicable in respect of those members not in the home calculated as if each of them were a single claimant, or a lone parent, whichever is the greater. |
[F12Single claimants temporarily in local authority accommodation | |
10A. A single claimant who is temporarily in accommodation referred to in any of sub-paragraphs (a) to (d) (excluding heads (i) and (ii) of sub-paragraph (d)) of the definition of residential accommodation in regulation 21(3) (special cases). | 10A. £72.50 of which £16.05 is for personal expenses plus any amounts applicable under regulation 17(1)(e), (f) or (g). |
Couples and members of polygamous marriages where one member is or all are temporarily in local authority accommodation | |
10B. — (1) A claimant who is a member of a couple and temporarily separated from his partner where one of them is living in the home while the other is in accommodation referred to in any of sub-paragraphs (a) to (d) (excluding heads (i) and (ii) of sub-paragraph (d)) of the definition of residential accommodation in regulation 21(3) (special cases) | (1) The aggregate of the amount applicable for the member who remains in the home calculated as if he were a single claimant under regulation 17(1), 19 or 21 and in respect of the other member £72.50 of which £16.05 is for personal expenses. |
(2) A claimant who is a member of a polygamous marriage and who is temporarily separated from a partner of his where one is, or some are, living in the home while one is, or some are, in accommodation referred to in sub-paragraph (1). | (2) The aggregate of the amount applicable, for the members of the polygamous marriage who remain in the home, under regulation 18 and in respect of each member not in the home £72.50 of which £16.05 is for personal expenses. |
(3) A claimant who is a member of a couple or a member of a polygamous marriage where both members of that couple or all the members of that marriage are in accommodation referred to in sub-paragraph (1). | (3) For each member of that couple or marriage £72.50 of which £16.05 is for personal expenses plus, if appropriate, the amount applicable under regulation 17(1)(e), (f) or (g) or 18(1)(f), (g) or (h). |
Lone parents who are in residential accommodation temporarily | |
10C. A claimant who is a lone parent who has entered residential accommodation temporarily. | 10C. £72.50 of which £16.05 is for personal expenses, plus– (a)in respect of each child or young person who is a member of his family, the amount in respect of him prescribed in paragraph 2(a), (b), (c) or (d) of Schedule 2 or under this Schedule as appropriate; and (b)any amount which would be applicable to the claimant if he were not temporarily living away from the dwelling occupied as his home, under regulation 17(1)(c), (e), (f) or (g).] |
[F13Lone parents who are in residential care homes or nursing homes temporarily] | |
10D. F14. . . | F14. . . |
Couples where one member is abroad | |
11. [F15Subject to paragraph 11A,] a claimant who is a member of a couple and whose partner is temporarily not present in [F16United Kingdom.] | 11. For the first four weeks of that absence, the amount applicable to them as a couple under regulation 17[F6(1)], or [F1719 or 21] as the case may be and thereafter the amount applicable to the claimant in Great Britain under regulation 17[F6(1)] or [F1719 or 21] as the case may be as if the claimant were a single claimant or, as the case may be, a lone parent. |
[F18Couple or member of couple taking child or young person abroad for treatment | |
11A.—(1) A claimant who is a member of a couple where either— (a)he or his partner is, or, (b)both he and his partner are absent from the United Kingdom in [F19in the circumstances specified in paragraph (2). (2) For the purposes of sub-paragraph (1), the specified circumstances are— (a)in respect of a claimant, those in regulation 4(3)(a) to (d); (b)in respect of a claimant’s partner, as if regulation 4(3)(a) to (d) applied to that partner.] | 11A. For the first 8 weeks of that absence, the amount applicable to the claimant under regulation 17(1), 19 or 21, as the case may be, and, thereafter, if the claimant is in Great Britain the amount applicable to him under regulation 17(1), 19 or 21, as the case may be, as if the claimant were a single claimant, or, as the case may be, a lone parent.] |
[F20Polygamous marriages where any member is abroad | |
12. Subject to paragraph 12A, a claimant who is a member of a polygamous marriage where— (a)he or one of his partners is, or (b)he and one or more of his partners, are or (c)two or more of his partners are, temporarily absent from the United Kingdom; | 12. For the first four weeks of that absence, the amount applicable to the claimant under regulations 18 to 21, as the case may be, and thereafter, if the claimant is in Great Britain the amount applicable to him under regulations 18 to 21, as the case may be, as if any member of the polygamous marriage not in the United Kingdom were not a member of the marriage.] |
[F21Polygamous marriage: taking child or young person abroad for treatment | |
12A.—(1) A claimant who is a member of a polygamous marriage where— (a)he or one of his partners is, (b)he and one or more of his partners, are or (c)two or more of his partners are, absent from the United Kingdom in [F22in the circumstances specified in paragraph (2). (2) For the purposes of sub-paragraph (1), the specified circumstances are— (a)in respect of a claimant, those in regulation 4(3)(a) to (d); (b)in respect of a claimant’s partner or partners, as the case may be, as if regulation 4(3)(a) to (d) applied to that partner or those partners.] | 12A. For the first 8 weeks of that absence, the amount applicable to the claimant under regulations 18 to 21, as the case may be, and thereafter, if the claimant is in Great Britain the amount applicable to him under regulations 18 to 21, as the case may be, as if any member of the polygamous marriage not in the United Kingdom were not a member of the marriage.] |
[F23Persons in residential accommodation | |
13.—(1) Subject to sub-paragraph (2), a person in or only temporarily absent from residential accommodation who is— | 13.—(1) Any amount applicable under regulation 17(1)(f) or (g) or 18(1)(g) or (h), plus— |
(a)a single claimant; | (a)£72.50 of which £16.05 is for personal expenses; |
(b)a lone parent; | (b)the amount specified in sub-paragraph (a) of this column; |
(c)one of a couple; | (c)twice the amount specified in sub-paragraph (a) of this column; |
(d)a child or young person; | (d)the appropriate amount in respect of him prescribed in paragraph 2 of Schedule 2 (applicable amounts); |
(e)a member of a polygamous marriage. | (e)the amount specified in sub-paragraph (a) of this column multiplied by the number of members of the polygamous marriage in or only temporarily absent from that accommodation. |
(2) A single claimant who has become a patient and whose residential accommodation was provided by and managed by a local authority. | (2) Any amount applicable under regulation 17(1)(f) or (g), plus £16.05.] |
[F24Polish Resettlement | |
13A. — (1) A claimant for whom accommodation is provided under section 3 of, and Part II of the Schedule to, the Polish Resettlement Act 1947 (provision of accommodation in camps). where the claimant both requires personal care and is provided with it in the accommodation and— (a)is resident in that accommodation on 31st March 1995 or is temporarily absent on that date; or (b)is first provided with such accommodation and care on or after 1st April 1995; or (c) is re-admitted to such accommodation on or after 1st April 1995 where his absence has been other than temporary. (2) In this paragraph “personal care” means care which a claimant requires by reason of old age, disablement, past or present dependence on alcohol or drugs, past or present mental disorder or a terminal illness. (3) An absence is temporary for the purposes of sub-paragraph (1) where the absent resident with the agreement of the manager of the accommodation intends to return to the accommodation in due course. | 13A. — (1) The aggregate of— (a)the weekly charge for the accommodation provided for him, or if he is a member of a family, for him and his family subject to the maximum determined in accordance with sub-paragraph (2); and (b)a weekly amount for personal expenses for him or, if he is a member of a family, for him and for each member of his family determined in accordance with sub-paragraph (3) or, in the case of a claimant to whom sub-paragraph (1)(b) or (c) of Column (1) applies, determined in accordance with sub-paragraph (3A) below. (2) The maximum referred to in sub-paragraph (1)(a) shall be— (a)in the case of a single claimant, £379.00; (b)in the case of a claimant who is a member of a family the aggregate of the following amounts— (i)in respect of the claimant, £379.00; (ii)in respect of each member of his family who lives in the accommodation aged under 11, 1½ times the amount specified in paragraph 2(a) of Schedule 2; (iii)in respect of each member of his family aged not less than 11 who lives in the accommodation, £379.00; and (iv)where the claimant is a lone parent, in respect of each member of the family who does not live in the accommodation, the amount which would be applicable in respect of that member under Schedule 2. (3) Except where the claimant is a person to whom sub-paragraph (1)(b) or (c) of Column (1) refers, the amount for personal expenses referred to in sub-paragraph (1)(b) shall be— (a)for the claimant, £17.35; (b)for his partner, £17.35; (c)for a young person aged 18, £15.55; (d)for a young person aged under 18 but over 16, £10.55; (e)for a child aged under 16 but over 11, £9.15; (f)for a child aged under 11, £6.25. (3A) In the case of a claimant to whom sub-paragraph (1)(b) or (c) of Column (1) applies, the amount for personal expenses referred to in sub-paragraph (1)(b) above, shall be the aggregate of the amounts which are relevant to him and which are referred to in Schedule 4 paragraph 13. (4) The maximum amount in respect of a member of a family aged under 11 calculated in the manner referred to in sub-paragraph (2)(b)(ii) 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.] |
[F25Polish resettlement: Persons temporarily absent from accommodation | |
13B. Where a claimant or his partner is temporarily absent from accommodation to which paragraph 13A applies for which the claimant is liable to pay a retaining fee, and but for that absence from that accommodation his applicable amount would be calculated in accordance with that paragraph and the absent person— (a)is a patient; or (b)is a person to whom sub-paragraph (a) does not apply. | 13B. The amount otherwise applicable to him under these Regulations may be increased to take account of the retaining fee— (a)in a case to which sub-paragraph (a) of Column 1 applies— (i)where the person has been a patient for a period of 6 weeks or less, by an amount not exceeding the maximum amount referred to in paragraph 13A(2)(a); (ii)where the person has been a patient for a period of more than 6 weeks, by an amount not exceeding 80 per cent. of the normal weekly charge for that accommodation, but any such increase shall not be for a continuous period of more than 52 weeks; (b)in a case of a person to whom sub-paragraph (b) of Column 1 applies, by an amount not exceeding 80 per cent. of the normal weekly charge for that accommodation, but any such increase shall not be for a continuous period of more than 4 weeks.] |
Polish Resettlement | |
14. F26 . . . | F26. . . |
Resettlement Units | |
15. F27 . . . | F27. . . |
Persons temporarily absent from board and lodging accommodation or a hostel, residential care or nursing home | |
[F2816. Where a person is temporarily absent from accommodation for which he is liable to pay a retaining fee, and but for his temporary absence from that accommodation his applicable amount would be calculated in accordance with regulation 19 (applicable amounts for persons in residential care and nursing homes), and] | 16. The amount otherwise applicable to him under these Regulations may be increased to take account of the retaining fee by an amount not exceeding 80 per cent of the applicable amount referred to in paragraph 1(1)(a) of Schedule 4 (applicable amounts of persons in residential care or nursing homes) F29... and— |
(a)he is a person in accommodation referred to in [F30[F31any of sub-paragraphs (a) to (c)] of the definition of residential accommodation][F32in regulation 21(3)] (special cases) and paragraph 13 does not apply to him by reason only that his stay in that accommodation has not become other than temporary; or | (a)in a case to which sub-paragraph (a) or (b) of Column 1 applies any such increase shall not be for a continuous period of more than 52 weeks; |
(b)he is a person to whom paragraph 1 to 3 [F33or 18(b)(i), (b)(ii) case two, or (b)(iv) cases one and three (patients)] applies; or | (b)in a case of a person to whom only sub-paragraph (c) of Column 1 applies, any such increase shall not be for a continuous period of more than four weeks. |
(c)he is absent for a period of at least one week from that accommodation being accommodation either in a residential care home or nursing home and he is not required to be available for employment. | |
[F34 Partner of a person subject to immigration control | |
16A.—(a) A claimant who is the partner of a person subject to immigration control. (b)Where regulation 18 (polygamous marriages) applies and the claimant is a person– (i)who is not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act; or (ii)to whom section 115 of that Act does not apply by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000; and (iii)who is a member of a couple and one or more of his partners is subject to immigration control within the meaning of section 115(9) of that Act and section 115 of that Act applies to her for the purposes of exclusion from entitlement to income support.] | [F3516A.—(a) The amount applicable in respect of the claimant only under regulation 17(1)(a) plus that in respect of any child or young person who is a member of his family and who is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act, and to whom section 115 of that Act does not apply for the purposes of exclusion from entitlement to income support, any amounts which may be applicable to him under regulation 17(1)(b), (c) or (d) plus the amount applicable to him under regulation 17(1)(e), (f) and (g) or, as the case may be, regulation 19 or 21. (b)The amount determined in accordance with that regulation or regulation 19 or 21 in respect of the claimant and any partners of his and any child or young person for whom he or his partner is treated as responsible, who are not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act and to whom section 115 of that Act does not apply for the purposes of exclusion from entitlement to income support.] |
Persons from abroad | |
[F3617. person from abroad] | 17. [F36nil]; |
[F37Persons in residential care or nursing homes who become patients | |
18. A claimant to whom regulation 19 (persons in residential care or nursing homes) applies immediately before he or a member of his family became a patient where— | |
(a)he or any member of his family has been a patient for a period of six weeks or less and the claimant— | |
(i)continues to be liable to meet the weekly charge for the accommodation without reduction in respect of himself or that member of his family who is a patient; | 18.—(a) (i) The amount which would be applicable under regulation 19 as if the claimant or the member of the family who is a patient were resident in the accommodation to which regulation 19 applies; |
(ii)continues to be liable to meet the weekly charge for the accommodation but at a reduced rate; | (ii)the amount which would be applicable under regulation 19 having taken into account the reduced charge, as if the claimant or the member of the family who is a patient were resident in the accommodation to which regulation 19 applies; |
(iii)is a single claimant and is likely to return to the accommodation, but has ceased to be liable to meet the weekly charge for that accommodation; or | (iii)the amount applicable to him (if any) under paragraph 2(2) of Schedule 4 (meal allowances) plus the amount in respect of him as an allowance for personal expenses under paragraph 13 of Schedule 4 as if he were residing in the accommodation to which regulation 19 applies plus any amount applicable under regulation 17(1)(f); |
(iv)is a single claimant who ceases to be liable to meet the weekly charge for the accommodation, and who is unlikely to return to the accommodation; | (iv)the amount which would be applicable to him under regulation 17(1); |
(b)he or his partner has been a patient for a period of more than six weeks and the patient is— | |
(i)a single claimant; | (b)(i)£18.15, plus any amount applicable under regulation 17(1)(f), plus either the amount prescribed in paragraph 16 in respect of any retaining fee he is liable to pay for the accommodation or the amount applicable by virtue of regulation 17(1)(e), but not both; |
(ii)a lone parent; | (ii)where one or more children or young persons remain in the accommodation, the amount applicable to the family as if regulation 19, having taken into account any reduction in charge, continued to apply to all the members of the family except that where the lone parent is the patient no amount shall be applicable in respect of him under paragraph 2(2) of Schedule 4 (meals allowances) and for the amount in respect of the allowance for personal expenses prescribed by paragraph 13 of Schedule 4, there shall be substituted the amount £18.15; where all the children or young persons are absent from the accommodation, £18.15 plus any amounts applicable to him under regulation 17(1)(b), (c), (d) or (f) plus, if appropriate, either the amount applicable under Column (2) of paragraph 16(a) or the amount applicable by virtue of regulation 17(1)(e) (housing costs) but not both; where one or more children or young persons are also patients and have been so for more than 12 weeks, in respect of those children and young persons remaining in the accommodation and the lone parent patient the amount specified in case one of Column (2) of sub-paragraph (b)(ii) save that the child or young person who has been a patient for more than 12 weeks shall be disregarded as a member of the family in assessing the amount applicable under regulation 19, and in respect of each such child or young person there shall be added the amount of £18.15; |
(iii)one of a couple or polygamous marriage and one of that couple or marriage is not a patient or has been a patient for six weeks or less; | (iii)where the members of the family not patients remain in the accommodation, the amount applicable to the family as if regulation 19 having taken into account any reduction in charge, continued to apply to all the members of the family except that in respect of the member of the couple or polygamous marriage who has been a patient for more than six weeks no amount shall be applicable in respect of him, under paragraph 2(2) of Schedule 4 and for the amount in respect of the allowance for personal expenses prescribed by paragraph 13 of Schedule 4 there shall be substituted the amount of £18.15; where one or more children or young persons are also patients and have been so for more than 12 weeks, in respect of those children and young persons and the member of the couple or polygamous marriage remaining in the accommodation the amount specified in case one of Column (2) of sub-paragraph (b)(iii) save that the child or young person who has been a patient for more than 12 weeks shall be disregarded as a member of the family in assessing the amount applicable under regulation 19 and in respect of each such child or young person there shall be added the amount of £14.50; |
(iv)one of a couple or polygamous marriage where all the members of that couple or marriage are patients and have been so for more than six weeks; | (iv)where there is no child or young person in the family £18.15 in respect of each member of the couple or polygamous marriage, plus any amount applicable under regulation 17(1)(f) or 18(1)(g), plus either the amount prescribed in paragraph 16 in respect of any retaining fee he is liable to pay for the accommodation or the amount applicable by virtue of regulation 17(1)(e) or 18(1)(f), but not both; where there is a child or young person remaining in the accommodation, the amount which would be applicable in respect of the family as if regulation 19 having taken into account any reduction in charge, continued to apply to all the members of the family except that in respect of each member of the couple or polygamous marriage no amount shall be applicable in respect of him under paragraph 2(2) of Schedule 4, and for the amount in respect of the allowance for personal expenses prescribed by paragraph 13 of Schedule 4 in respect of each member there shall be substituted the amount of £18.15; where there is a child or young person in the family but no child or young person remains in the accommodation, the amount applicable under paragraph 1(c) or 1(d) as is appropriate plus either the amount applicable under Column (2) of paragraph 16(a) or the amount applicable by virtue of regulation 17(1)(e) or 18(1)(f) but not both; where one or more children or young persons are also patients and have been so for more than 12 weeks, in respect of those children and young persons remaining in the accommodation and the members of the couple or polygamous marriage, the amount specified in case two of Column (2) of sub-paragraph (b)(iv) save that the child or young person who has been a patient for more than 12 weeks shall be disregarded as a member of the family in assessing the amount applicable under regulation 19, and in respect of each such child or young person there shall be added the amount of £14.50; |
(c)a child or young person who has been a patient for a period of more than 12 weeks. | (c)the amount applicable under regulation 19 as if that child or young person was not a member of the family plus an amount of £14.50 in respect of that child or young person.] |
Claimants entitled to the disability premium for a past period19. A claimant— (a)whose time for claiming income support has been extended under regulation [F3819(4)] of the Social Security (Claims and Payments) Regulations 1987 F39 (time for claiming benefit); and (b)whose partner was entitled to income support in respect of the period beginning with the day on which the claimant's claim is treated as made under [F40regulation 6(3) of those Regulations] and [F41ending with the day before the day] on which the claim is actually made; and (c)who satisfied the condition in paragraph 11(b) of Schedule 2 and the additional condition referred to in that paragraph and specified in paragraph 12(1)(b) of that Schedule in respect of that period. | 19. The amount only of the disability premium applicable by virtue of paragraph 11(b) of Schedule 2 as specified in paragraph 15(4)(b) of that Schedule. |
Yn ddilys o 08/04/2002 [F42Persons who have commenced remunerative work19A. A person to whom regulation 6(5) (persons not treated as in remunerative work) applies.] | Yn ddilys o 08/04/2002 [F4319A.—(1) Subject to sub-paragraph (2), the lowest of either— (a)the amount determined in accordance with— (i)Schedule 3 (housing costs); or (ii)as the case may be, Schedule 2 to the Jobseeker’s Allowance Regulations 1996 (housing costs), which was applicable to the claimant or his partner immediately before he or his partner commenced the remunerative work referred to in regulation 6(5)(a); or (b)the amount of income support or, as the case may be, income-based jobseeker’s allowance which the claimant or his partner was entitled to in the benefit week immediately before the benefit week in which he or his partner commenced the remunerative work referred to in regulation 6(5)(a) or, where he or his partner was in receipt of a training allowance in that benefit week, the amount of income support or income-based jobseeker’s allowance which he would have been entitled to in that week had he not been in receipt of a training allowance. (2) Nothing in sub-paragraph (1) shall prevent any adjustment being made to the amount referred to in (a) or, as the case may be, (b) of that sub-paragraph during the period referred to in regulation 6(6), in order to reflect changes during that period to the amounts prescribed in Schedule 2 or 4 or in this Schedule or to reflect changes in circumstances during that period relating to the matters specified to in sub-paragraph (3). (3) The changes in circumstances referred to in sub-paragraph (2) are changes to the amount of housing costs to be met in accordance with Schedule 3 in the claimant’s case occasioned by— (a)the claimant becoming entitled to income support for a continuous period of 26 weeks or more; (b)a change to the standard interest rate; or (c)any non-dependant deduction becoming applicable, or ceasing to be applicable. (4) In sub-paragraph (1), a reference to the claimant or his partner being entitled to and in receipt of an income-based jobseeker’s allowance or to an amount being applicable to either of them under the Jobseeker’s Allowance Regulations 1996 shall include a reference to the claimant and his partner being entitled to, and in receipt of, a joint-claim jobseeker’s allowance and to an amount being applicable to that couple under those Regulations.] |
Rounding of fractions20. Where any calculation under this Schedule or as a result of income support being awarded for a period less than one complete benefit week results in a fraction of a penny that fraction shall be treated as a penny. |
Textual Amendments
F1Sch. 7 paras. 1, 2 substituted (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating (No. 2) Order 2000 2001 (S.I. 2001/207), arts. 1(2)(g), 16(8), Sch. 5 Pt. I
F2Sch. 7 para. 2A, substituted (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating (No. 2) Order 2000 2001 (S.I. 2001/207), arts. 1(2)(g), 16(8), Sch. 5 Pt. I
F3Sch. 7 para. 3 substituted (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating (No. 2) Order 2000 2001 (S.I. 2001/207), arts. 1(2)(g), 16(8), Sch. 5 Pt. I
F4Sch. 7 para. 4 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. 10 (with reg. 28)
F5Sch. 7 para. 5 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. 10 (with reg. 28)
F6Word in Sch. 7 inserted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 23
F7Words in Sch. 7 para. 9 substituted (9.10.1989) by The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(a), 11(a)
F8Words in Sch. 7 para. 9(a)(v) inserted (1.4.1991) by The Enterprise (Scotland) Consequential Amendments Order 1991 (S.I. 1991/387), arts. 1, 2, Sch.
F9Words in Sch. 7 para. 9(a)(v) added (1.4.1991) by The Enterprise (Scotland) Consequential Amendments Order 1991 (S.I. 1991/387), arts. 1, 9(e)
F10Words in Sch. 7 para. 10 omitted (11.4.1988) by virtue of The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 33(a)
F11Words in Sch. 7 para. 10 substituted (1.1.1996) by The Transfer of Functions (Education and Employment) Order 1995 (S.I. 1995/2986), arts. 1, 6(5)
F12Sch. 7 paras. 10A-10C, substituted (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating (No. 2) Order 2000 2001 (S.I. 2001/207), arts. 1(2)(g), 16(8), Sch. 5 Pt. I
F13Sch. 7 para. 10D inserted (9.10.1989) by The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(a), 11(b)
F14Sch. 7 para. 10D 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. 6(c)
F15Words in Sch. 7 para. 11 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), 21(g)
F16Words in Sch. 7 para. 11 substituted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 23(c)
F17Words in Sch. 7 para. 11 substituted (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. 13(c)
F18Sch. 7 para. 11A 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), 21(h)
F19Words in Sch. 7 para. 11A substituted (7.10.1991) by The Income Support (General) Amendment No. 4 Regulations 1991 (S.I. 1991/1559), regs. 1(1)(c), 19(a) (with reg. 1(2))
F20Sch. 7 para. 12 substituted (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), 21(i)
F21Sch. 7 para. 12A 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), 21(j)
F22Words in Sch. 7 para. 12A substituted (7.10.1991) by The Income Support (General) Amendment No. 4 Regulations 1991 (S.I. 1991/1559), regs. 1(1)(c), 19(b) (with reg. 1(2))
F23Sch. 7 para. 13 substituted (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating (No. 2) Order 2000 2001 (S.I. 2001/207), arts. 1(2)(g), 16(8), Sch. 5 Pt. I
F24Sch. 7 para. 13A, substituted (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating (No. 2) Order 2000 2001 (S.I. 2001/207), arts. 1(2)(g), 16(8), Sch. 5 Pt. I
F25Sch. 7 para. 13B amended (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 1996 (S.I. 1996/599), arts. 1(2)(g), 18(10), Sch. 7 Pt. I
F26Sch. 7 para. 14 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. 13(e)
F27Sch. 7 para. 15 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. 13(e)
F28Words in Sch. 7 para. 16 substituted (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), 21(3)
F29Words in Sch. 7 para. 16 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. 13(f)(ii)
F30Words in Sch. 7 para. 16 substituted (with effect in accordance with reg. 1(1)(a) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 9
F31Words in Sch. 7 para. 16 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. 6(d)
F32Words in Sch. 7 para. 16(a) substituted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 33(c)
F33Words in Sch. 7 para. 16 substituted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 23(e)
F34 Sch. 7 para. 16A inserted (3.4.2000) by The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (S.I. 2000/636), regs. 1(1), 3(10)(a)
F35 Sch. 7 para 16A inserted (3.4.2000) by The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (S.I. 2000/636), regs. 1(1), 3(10)(b)
F36Words in Sch. 7 para. 17 substituted (3.4.2000) by The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (S.I. 2000/636), regs. 1(1), 3(11)
F37Sch. 7 para. 18 substituted (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating (No. 2) Order 2000 2001 (S.I. 2001/207), arts. 1(2)(g), 16(8), Sch. 5 Pt. I
F38Word in Sch. 7 para. 19 substituted (3.4.2000) by The Social Security (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/681), regs. 1(1)(c), 6
F40Words in Sch. 7 para. 19(b) substituted (10.4.1995) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1995 (S.I. 1995/516), regs. 1(1)(a), 26(3)(a) (with reg. 1(2))
F41Words in Sch. 7 para. 19(b) substituted (10.4.1995) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1995 (S.I. 1995/516), regs. 1(1)(a), 26(3)(b) (with reg. 1(2))
F42Sch. 7 para. 19A inserted (9.4.2001) by The Social Security (Miscellaneous Amendments) Regulations 2001 (S.I. 2001/488), regs. 1(1), 7(a)
F43Sch. 7 para. 19A inserted (9.4.2001) by The Social Security (Miscellaneous Amendments) Regulations 2001 (S.I. 2001/488), regs. 1(1), 7(b)
Modifications etc. (not altering text)
C1Sch. 7 para. 7 sum confirmed (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating (No. 2) Order 2000 2001 (S.I. 2001/207), arts. 1(2)(g), 16(8), Sch. 5 Pt. II
C2Sch. 7 para. 8 sum confirmed (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating (No. 2) Order 2000 2001 (S.I. 2001/207), arts. 1(2)(g), 16(8), Sch. 5 Pt. II
C3Sch. 7 para. 13A(3)(a)-(c) sums confirmed (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating (No. 2) Order 2000 2001 (S.I. 2001/207), arts. 1(2)(g), 16(8), Sch. 5 Pt. II
C4Sch. 7 para. 13B sum confirmed (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating (No. 2) Order 2000 2001 (S.I. 2001/207), arts. 1(2)(g), 16(8), Sch. 5 Pt. II
C5Sch. 7 para. 16 sum confirmed (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating (No. 2) Order 2000 2001 (S.I. 2001/207), arts. 1(2)(g), 16(8), Sch. 5 Pt. II
C6Sch. 7 para. 17 sum confirmed (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating (No. 2) Order 2000 2001 (S.I. 2001/207), arts. 1(2)(g), 16(8), Sch. 5 Pt. II
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