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The Income Support (General) Regulations 1987

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[F1Regulations 21 and 21AA]

SCHEDULE 7E+W+SAPPLICABLE AMOUNTS IN SPECIAL CASES

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I1Sch. 7 in force at 11.4.1988, see reg. 1

Column (1)Column (2)

Patients

F21.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32.  . . .

F32.  . . .

[F4Persons serving a sentence of imprisonment detained in hospital

2A.   A person serving a sentence of imprisonment detained in hospital.]

[F52A.  Nil.]

2B.  F6. . .

F6. . .

3.  F7F8. . .

4.  F9. . .

F9. . .

5.  F10. . .

F10. . .
Claimants without accommodation

6.  A claimant who is without accommodation.

6.  The amount applicable to him under regulation 17[F11(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

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[F11(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 [F12where—

(a)one member of the couple is–

[F13(i)not a patient but is residing in a care home, an Abbeyfield Home or an independent hospital, 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 [F14or section 2 of the Enterprise and New Towns (Scotland) Act 1990] or attending a course at an employment rehabilitation centre established under that section [F15of 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

[F16(iii)residing in a care home, an Abbeyfield Home or an independent hospital.]]

9.  Either—

(a)the amount applicable to him as a member of a couple under regulation 17[F11(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—

[F17(a)not a patient but is residing in a care home, an Abbeyfield Home or an independent hospital, or]

(c)F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F19Secretary 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.

[F20Single claimants temporarily in local authority accommodation

10A.  F21

. . . 		F21 . . .
Couples and members of polygamous marriages where one member is or all are temporarily in local authority accommodation

10B.  F22

. . . 		F22 . . .
Lone parents who are in residential accommodation temporarily]

10C.  F23

. . . 		F23. . .
[F24Lone parents who are in residential care homes or nursing homes temporarily]

10D.  F25. . .

F25. . .
Couples where one member is abroad

11.  [F26Subject to paragraph 11A,] a claimant who is a member of a couple and whose partner is temporarily not present in [F27United Kingdom.]

11.  For the first four weeks of that absence, the amount applicable to them as a couple under regulation 17[F11(1)], F28... [F29or 21] as the case may be and thereafter the amount applicable to the claimant in Great Britain under regulation 17[F11(1)] F28... [F29or 21] as the case may be as if the claimant were a single claimant or, as the case may be, a lone parent.

[F30Couple 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 [F31in 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)F32... 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)F32... or 21, as the case may be, as if the claimant were a single claimant, or, as the case may be, a lone parent.]

[F33Polygamous 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.]

[F34Polygamous 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 [F35in 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.]

[F36Persons in residential accommodation]

13.  F37

. . . 		F37. . .
[F38Polish Resettlement]

13A.  F39

. . . 		F39. . .
[F40Polish resettlement: Persons temporarily absent from accommodation]

13B.  F41

. . .

13B.  F41

. . .
Polish Resettlement

14.  F42

. . . 		F42. . .
Resettlement Units

15.  F43

. . . 		F43. . .
Persons temporarily absent from board and lodging accommodation or a hostel, residential care or nursing home

16.  F44. . .

F44. . .
[F45 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.]

[F4516A.—(a) [F46 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 21. ]

[F46The amount applicable in respect of the claimant only under regulation 17(1)(a), any amount which may be applicable to him under regulation 17(1)(d) plus the amount applicable to him under regulation 17(1)(e), (f) and (g) or, as the case may be, regulation 21.]

(b)[F46 The amount determined in accordance with that regulation or regulation 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.]

[F46The amount determined in accordance with that regulation or regulation 21 in respect of the claimant and any partners of his 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

17.   person from abroad

17.  nil;

Persons in residential care or nursing homes who become patients

18.  F47. . .

F47. . .

Claimants entitled to the disability premium for a past period

19.  A claimant—

(a)whose time for claiming income support has been extended under regulation [F4819(4)] of the Social Security (Claims and Payments) Regulations 1987 F49 (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 [F50regulation 6(3) of those Regulations] and [F51ending with the day before the day] on which the claim is actually made; and

(c)who satisfied the condition in [F52paragraph 11(1)(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 [F52paragraph 11(1)(b)] of Schedule 2 as specified in paragraph 15(4)(b) of that Schedule.

[F53Persons who have commenced remunerative work

19A.  A person to whom regulation 6(5) (persons not treated as in remunerative work) applies.]

[F5419A.—(1) Subject to sub-paragraph (2), the lowest of either—

(a)the amount determined in accordance with—

(i)Schedule 3 (housing costs); F55...

(ii)as the case may be, Schedule 2 to the Jobseeker’s Allowance Regulations 1996 (housing costs), [F56or

(iii)as the case may be, Schedule 6 to the Employment and Support Allowance Regulations (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 [F57, income-related employment and support allowance ] 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 F58... 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 fractions

20.  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

F2Sch. 7 para. 1 omitted (for specified purposes and with effect in accordance with reg. 1(c) of the amending S.I.) by virtue of The Social Security (Hospital In-Patients) Regulations 2005 (S.I. 2005/3360), reg. 4(5)(a)

F3Sch. 7 para. 2 omitted (for specified purposes and with effect in accordance with reg. 1(c) of the amending S.I.) by virtue of The Social Security (Hospital In-Patients) Regulations 2005 (S.I. 2005/3360), reg. 4(5)(a)

F5Sch. 7 para. 2A substituted (for specified purposes and with effect in accordance with reg. 1(c) of the amending S.I.) by The Social Security (Hospital In-Patients) Regulations 2005 (S.I. 2005/3360), reg. 4(5)(b)(ii)

F6Words in Sch. 7 omitted (coming into force in accordance with reg. 1(6) of the amending S.I.) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 2(8)(b)

F7Words in Sch. 7 omitted (for specified purposes and with effect in accordance with reg. 1(2)-(5) of the amending S.I.) by virtue of The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 1 para. 21(d)

F8Words in Sch. 7 omitted (with application in accordance with reg. 1(5) of the amending S.I.) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(3), 2(8)(c)

F18Words 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)

F20Sch. 7 paras. 10A-10C substituted (8.4.2002 for specified purposes and with application in accordance with art. 1(2)(g)(4)) by The Social Security Benefits Up Rating Order 2002 (S.I. 2002/668), arts. 1(2)(g), 16(7), Sch. 4 Pt. I

F26Words 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)

F29Words 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)

F30Sch. 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)

F33Sch. 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)

F34Sch. 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)

F36Sch. 7 para. 13 substituted (8.4.2002 for specified purposes and with application in accordance with art. 1(2)(g)(4)) by The Social Security Benefits Up Rating Order 2002 (S.I. 2002/668), arts. 1(2)(g), 16(7), Sch. 4 Pt. I

F38Sch. 7 para. 13A substituted (8.4.2002 for specified purposes and with application in accordance with art. 1(2)(g)(4)) by The Social Security Benefits Up Rating Order 2002 (S.I. 2002/668), arts. 1(2)(g), 16(7), Sch. 4 Pt. I

F40Sch. 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

F42Sch. 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)

F43Sch. 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)

F46Words in Sch. 7 substituted (for specified purposes and with effect in accordance with reg. 1(2)-(5) of the amending S.I.) by The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 1 para. 21(i)

F52Words in Sch. 7 substituted (coming into force in accordance with reg. 1(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 2(8)(d)

F58Words in Sch. 7 para. 19A omitted by S.I. 2001/3767, Sch. Pt. 1 para. 17(i) (as added) (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2002 (S.I. 2002/398), regs. 1, 4(2)(c)

Modifications etc. (not altering text)

C2Sch. 7 para. 2A: sum confirmed (coming into force in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2010 (S.I. 2010/793), art. 16(7), Sch. 4

C3Sch. 7 para. 7: sum confirmed (coming into force in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2010 (S.I. 2010/793), art. 16(7), Sch. 4

C4Sch. 7 para. 8(a): sum confirmed (coming into force in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2010 (S.I. 2010/793), art. 16(7), Sch. 4

C5Sch. 7 para. 17: sum confirmed (coming into force in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2010 (S.I. 2010/793), art. 16(7), Sch. 4

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