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SCHEDULES

Regulation 85

SCHEDULE 5 APPLICABLE AMOUNTS IN SPECIAL CASES

Column (1)Column (2)

Person other than claimant who is a patient

1. [F1Subject to paragraphs 2, 15 and 17, a person who has been a patient for more than 6 weeks and who is—

(a) a member of a couple and the other member is the claimant, or

1.—(a) the applicable amount for a couple under regulation 83 reduced by £14.50;

(b) a member of a polygamous marriage and the claimant is a member of the marriage but not a patient.

(b) the applicable amount under regulation 84 (polygamous marriages) reduced by £14.50 in respect of each member who is a patient.]

2.—(a) [F1A 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

2.—(a) The amount applicable to him under regulation 83 or 84 except that the amount applicable under regulation 83(b) or 84(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 1; 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 83(b) or 84(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 1.]

Claimants Without Accommodation

3. A claimant who is without accommodation.

3. The amount applicable to him under regulation 83(a) (personal allowance) only.

Members of Religious Orders

4. A claimant who is a member of and fully maintained by a religious order.

4. [F2Nil]

Specified Cases of Temporarily Separated Couples

5. A claimant who is a member of a couple and who is temporarily separated from his partner, where—

(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)F3,

(v) or participating in arrangements for training made under section 2 of the Employment and Training Act 1973 F4, or section 2 of the Enterprise and New Towns (Scotland) Act 1990 F5 or participating in an employment rehabilitation programme established under that section of the Act of 1973, 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.

5. Either—

(a) the amount applicable to him as a member of a couple under regulation 83; 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

6. 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) resident in premises used for the rehabilitation of alcoholics or drug addicts; or

(d) attending a course of training or instruction provided or approved by the Secretary of State where the course requires him to live away from home; or

(e) in a probation or bail hostel approved for the purpose by the Secretary of State.

6. Either—

(a) the amount applicable to the members of the polygamous marriage under regulation 84; or

(b) the aggregate of the amount applicable for the members of the polygamous marriage who remain in the home under regulation 84 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.

Single claimants temporarily in local authority accommodation

7. A single claimant who is temporarily in accommodation provided by a local authority of a kind specified in the definition of residential accommodation in regulation 85 (special cases).

7. [F6£72.50] of which [F6£16.05 ] is for personal expenses plus any amounts applicable under regulation 83(f) and 87(2) and (3).

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

8.—(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 provided by a local authority of a kind specified in the definition of residential accommodation in regulation 85 (special cases).

8.

(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 83, 85 or 86 and in respect of the other member [F6£72.50] of which [F6£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 84 and in respect of each member not in the home [F6£72.50] of which [F6£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 £67.50 of which £15.45 is for personal expenses plus, if appropriate, the amount applicable under regulation 83(f), [F784(1)(g)] and 87(2) and (3).

Lone parents who are in residential accommodation temporarily.

9. A claimant who is a lone parent who has entered residential accommodation temporarily.

9. [F6£72.50] of which [F6£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 1 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 [F8regulation 83(d) or (f)] or under regulation 87(2) or (3).

Couples where one member is absent from the United Kingdom

10.[F9—(1)] Subject to paragraph 11, a claimant who is a member of a couple and whose partner is temporarily absent from the United Kingdom.

[F10(2) A claimant who is a member of a joint-claim couple and whose partner is temporarily absent from the United Kingdom—

(a) in the circumstances prescribed in regulation 50(6A);

(b) in any other circumstances.]

10.[F9—(1)] For the first four weeks of that absence, the amount applicable to them as a couple under regulation 83 or 86 as the case may be and thereafter the amount applicable to the claimant in Great Britain under regulation 83 or 86 as the case may be as if the claimant were a single claimant or, as the case may be, a lone parent.

[F11(2)

(a) For the first four weeks of that absence, the amount applicable to them as a couple under regulation 83 or 86 and thereafter the amount applicable to the claimant in Great Britain under regulation 83 or 86 as if the claimant were a single claimant;

(b) The amount which would be applicable to the claimant under regulation 83 or 86 if that claimant was a single claimant for the period commencing on the date of claim and ending on the day after the day on which the partner returns to the United Kingdom.]

Couple or member of couple taking child or young person abroad for treatment

11.—(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 [F7United Kingdom] in the circumstances specified in sub— paragraph (2),

(2) For the purpose of sub-paragraph (1), the specified circumstances are–

(a) the claimant is absent from the United Kingdom but is treated as [F12available for and actively seeking] employment in accordance with regulations 14(1) and 19(1);

(b) the claimant’s partner is absent from the United Kingdom and regulation 50(5) would have applied to him if he had claimed a jobseeker’s allowance.

11. For the first 8 weeks of that absence, the amount applicable to the claimant under regulation 83 or 86, as the case may be, and, thereafter, if the claimant is in Great Britain the amount applicable to him under regulation 83 or 86, as the case may be, as if the claimant were a single claimant, or, as the case may be, a lone parent.

Polygamous marriages where any member is abroad

12. Subject to paragraph 13 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 84 to 87, as the case may be, and thereafter, if the claimant is in Great Britain the amount applicable to him under regulations 84 to 87, 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.

Polygamous marriage: taking child or young person abroad for treatment

13.—(1) A claimant who is a member of a polygamous marriage where–

(a) he or one of his partners is,

(b) he and one of his partners are, or

(c) [F7two or more of his partners are, absent from the United Kingdom in the circumstances specified in sub-paragraph (2).]

(2) For the purposes of sub-paragraph (1) the specified circumstances are–

(a) in respect of the claimant, F13... he is absent from the United Kingdom but is treated as available for and actively seeking employment in accordance with regulations 14(1) and 19(1); or

[F14(b)] one or more of the members of the polygamous marriage is absent from the United Kingdom and regulation 50(5) would have applied to the absent partner [F7 if he had claimed a jobseeker’s allowance ]

[F15had claimed a jobseeker’s allowance.]

13. For the first 8 weeks of that absence, the amount applicable to the claimant under regulations 84 to 87, as the case may be, and thereafter, if the claimant is in Great Britain the amount applicable to him under regulations 84 to 87, 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.

[F16 Partner of a person subject to immigration control

13A.—(a) A claimant who is the partner of a person subject to immigration control.

(b)Where regulation 84 (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-based jobseeker’s allowance.]

[F1713A

(a) The amount applicable in respect of the claimant only under regulation 83(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 and to whom section 115 of that Act does not apply for the purposes of exclusion from entitlement to jobseeker’s allowance, any amounts which may be applicable to him under regulation 83(b), (d) or (e) plus the amount applicable to him under regulation 87(2) or (3) or, as the case may be, regulation 85 or 86.

(b) The amount determined in accordance with that regulation or regulation 85 or 86 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 and to whom section 115 of that Act does not apply for the purposes of exclusion from entitlement to jobseeker’s allowance.]

Persons from Abroad

14. [F18person from abroad]

14.—(a) [F19Nil ]

[F20Persons in residential accommodation

15.—(1) Subject to sub-paragraph (2), a person in or only temporarily absent from residential accommodation who is—

15.—

Any amount applicable under regulation 87(2) and (3), 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 1 (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 87(2) and (3), plus £16.05.]

Persons temporarily absent from a hostel, residential care or nursing home

16. 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 86 (applicable amounts for persons in residential care and nursing homes), and

(a) he is a person in accommodation provided by a local authority of a kind specified in the definition of residential accommodation in regulation 85(4) (special cases) and paragraph 15 does not apply to him by reason only that his stay in that accommodation has not become other than temporary; or

(b) he is a person to whom paragraph 1 or 2 (person other than claimant who is a patient) applies.

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 [F2180 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) and any such increase shall not be for a continuous period of more than 52 weeks;

Persons in residential care or nursing homes who become patients

17. [F22A claimant to whom regulation 86 (persons in residential care or nursing homes) applies immediately before he or a member of his family became a patient where—

(a) he has been a patient for not more than 2 weeks or any member of his family has been a patient for not more than six weeks and the claimant—

17.—(a)

(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;

(i) the amount which would be applicable under regulation 86 as if the claimant or the member of the family who is a patient were resident in the accommodation to which regulation 86 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 86 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 86 applies;

(iii) is a single claimant who hasbeen a patient for not more than 2 weeks and islikely 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 11 of Schedule 4 as if he were residing in the accommodation to which regulation 86 applies plus any amount applicable under regulation 87(3);

(iv) is a single claimant who has been a patient for not more than 2 weeks and 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 83;

(b) the claimant is one of a couple or polygamous marriage and either—

(i) the claimant is not a patient and the other member of the couple or one or more members of the marriage has been a patient for a period of more than 6 weeks; or

(b) Where—

(i) the members of the family not patients remain in the accommodation, the amount applicable to the family as if regulation 86 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 11 of Schedule 4 there shall be substituted the amount of £18.15;

(ii) the claimant is a patient but has not been a patient for more than 2 weeks and the other member of the couple or one or more members of the marriage has been a patient for more than 6 weeks;

(ii) 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 column (2) of sub-paragraph (b)(i) 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 86 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 85 as if the 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.]

[F23Joint-claim couples where a claim is made other than jointly by both members

17A.

A joint claim couple and one member—

(a) is a person to whom regulation 3E(2)(a) applies;

(b) is a person to whom regulation 3E(2)(b) applies.]

[F2417A.

(a) The amount which would be applicable to the claimant under regulation 83 or 86 if that claimant was a single claimant for the period commencing on the day on which the member of the couple who is not the claimant fails to attend at the time and place specified by the Secretary of State for the purposes of regulation 6 of the Claims and Payments Regulations and ending on the day on which that member does so attend;

(b) The amount which would be applicable to the claimant under regulation 83 or 86 if that claimant was a single claimant.]

Textual Amendments

F1Sch. 5 paras. 1, 2 substituted (with effect in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating (No. 2) Order 2000 2001 (S.I. 2001/207), arts. 1(2)(i), 22(10), Sch. 16 Pt. I

F2Sum in Sch. 5 para. 4 substituted (with effect in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating (No. 2) Order 2000 2001 (S.I. 2001/207), arts. 1(2)(i), 22(10), Sch. 16 Pt. II

F31947 c.19; amended by Schedule 4 of the Social Security Act 1980 (c.30) and by S.I. 1951/174 and 1968/1699.

F41973 c.50; section 2 was substituted by the Employment Act 1988 (c.19), section 25(1).

F6Sums Sch. 5 paras. 7-9 substituted (with effect in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating (No. 2) Order 2000 2001 (S.I. 2001/207), arts. 1(2)(i), 22(10), Sch. 16 Pt. I

F8Words in Sch. 5 para. 9(b) substituted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1803), regs. 1(b), 45

F9Sch. 5 para. 10(1): Sch. 5 para. 10 renumbered as Sch. 5 para. 10(1) (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 56(a)

F19Sum in Sch. 5 para. 14 substituted (with effect in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating (No. 2) Order 2000 2001 (S.I. 2001/207), arts. 1(2)(i), 22(10), Sch. 16 Pt. II

F20Sch. 5 para. 15 substituted (with effect in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating (No. 2) Order 2000 2001 (S.I. 2001/207), arts. 1(2)(i), 22(10), Sch. 16 Pt. I

F21Sum in Sch. 5 para. 16 substituted (with effect in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating (No. 2) Order 2000 2001 (S.I. 2001/207), arts. 1(2)(i), 22(10), Sch. 16 Pt. II

F22Sch. 5 para. 17 substituted (with effect in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating (No. 2) Order 2000 2001 (S.I. 2001/207), arts. 1(2)(i), 22(10), Sch. 16 Pt. I

F23Words in Sch. 5 para. 17A inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 56(b)(i)

F24Words in Sch. 5 para. 17A inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 56(b)(ii)

Modifications etc. (not altering text)

C1Sch. 5 para. 4 sum confirmed (with effect in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2000 (S.I. 2000/440), arts. 1(2)(i), 22(8), Sch. 14

C2Sch. 5 para. 14 sum confirmed (with effect in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2000 (S.I. 2000/440), arts. 1(2)(i), 22(8), Sch. 14

C3Sch. 5 para. 16 sum confirmed (with effect in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2000 (S.I. 2000/440), arts. 1(2)(i), 22(8), Sch. 14

Rounding of fractions

18.  Where any calculation under this Schedule or as a result of a jobseeker’s allowance 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.