The Jobseeker’s Allowance Regulations 1996

Regulation 85

SCHEDULE 5 APPLICABLE AMOUNTS IN SPECIAL CASES

Modifications etc. (not altering text)

C1 Sch. 5: sums maintained (coming into force in accordance with art. 1(2)(j) of the amending S.I.) by The Social Security Benefits Up-rating Order 2005 (S.I. 2005/522), art. 24(8)(b), Sch. 17 Pt. II

Column (1)	Column (2)
Person other than claimant who is a patient 1. [F1 Subject to paragraphs 2 [F2 and 15] a person who has been a patient for more than [F3 52] 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 [F4 £16.40]
(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 [F4 £16.40] in respect of each member who is a patient.]
[F5 2.—(a) [F1 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]	[F5 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 [F4 £16.40] instead of an amount determined in accordance with paragraph 2 of Schedule 1; or]
[F5 (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.]	[F5 (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 [F4 £16.40] 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. Nil
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– ([F6 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)F7 , (v) or participating in arrangements for training made under section 2 of the Employment and Training Act 1973 F8 , or section 2 of the Enterprise and New Towns (Scotland) Act 1990 F9 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 [F10 (iii) residing in a care home, an Abbeyfield Home or an independent hospital.]	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— ([F11 a) not a patient but is residing in a care home, an Abbeyfield Home or an independent hospital, 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. F12 ...	7. F12 . . .
Couples and members of polygamous marriages where one member is or all are temporarily in local authority accommodation 8. F13 ...	F13 . . .
A claimant who is a lone parent who has entered residential accommodation temporarily. 9. F14 ...	9. F14 ...
Couples where one member is absent from the United Kingdom 10.[F15 —(1)] Subject to paragraph 11, a claimant who is a member of a couple and whose partner is temporarily absent from the United Kingdom. [F16 (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. 10.[F15 —(1)] For the first four weeks of that absence, the amount applicable to them as a couple under regulation 83F17 ... as the case may be and thereafter the amount applicable to the claimant in Great Britain under regulation 83F17 ... as the case may be as if the claimant were a single claimant or, as the case may be, a lone parent. [F18 (2) (a) For the first four weeks of that absence, the amount applicable to them as a couple under regulation 83 F17 ... and thereafter the amount applicable to the claimant in Great Britain under regulation 83F17 ... as if the claimant were a single claimant; (b) The amount which would be applicable to the claimant under regulation 83F17 ... 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 [F19 United 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 [F20 available 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 83F21 ..., as the case may be, and, thereafter, if the claimant is in Great Britain the amount applicable to him under regulation 83F21 ..., 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) [F19 two 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, F22 ... 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 [F23 (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 [F19 if he had claimed a jobseeker’s allowance ] [F24 had 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.
[F25 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.]	13A [F26 the amount applicable in respect of the claimant only under regulation 83(a), plus any amount which may be applicable to him under regulation 83(e) or (f) plus the amount applicable to him under regulation 87(2) or (3) or, as the case may be, regulation 85;] [F26 the amount determined in accordance with that regulation or regulation 85 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 jobseeker’s allowance;]
Persons from Abroad 14. [F27 person from abroad]	14.—(a) Nil
Persons in residential accommodation 15. F28 ...	15. F28 . . .
Persons temporarily absent from a hostel, residential care or nursing home 16. F29 ...	16. F29 . . .
Persons in residential care or nursing homes who become patients 17. F29 ...	17. F29 . . .
[F30 Joint-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.]	[F31 17A. (a) The amount which would be applicable to the claimant under regulation 83 F32 ... 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 F32 ... if that claimant was a single claimant.]

Textual Amendments

F1 Sch. 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

F2 Words in Sch. 5 para. 1 substituted (6.10.2003) by The Social Security (Removal of Residential Allowance and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1121), reg. 1, Sch. 2 para. 11(a)

F3 Word in Sch. 5 para. 1 substituted (coming into force in accordance with reg. 1(f) of the amending S.I.) by The Social Security (Hospital In-Patients and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1195), regs. 1(f), 6(5)(a)

F4 Sums in Sch. 5 substituted (coming into force in accordance with art. 1(2)(j) of the amending S.I.) by The Social Security Benefits Up-rating Order 2005 (S.I. 2005/522), art. 24(8)(a), Sch. 17 Pt. I

F5 Words in Sch. 5 omitted (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) 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. 2 para. 21(a)

F6 Sch. 5 para. 5(a)(i) substituted for Sch. 5 para. 5(a)(i)(ii) (24.10.2005) by The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 2 para. 10(a)(i)

F7 1947 c.19; amended by Schedule 4 of the Social Security Act 1980 (c.30) and by S.I. 1951/174 and 1968/1699.

F8 1973 c.50; section 2 was substituted by the Employment Act 1988 (c.19), section 25(1).

F9 1990 c.35.

F10 Sch. 5 para. 5(b)(iii) substituted for Sch. 5 para. 5(b)(iii)(iv) (24.10.2005) by The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 2 para. 10(a)(ii)

F11 Sch. 5 para. 6(a) substituted for Sch. 5 para. 6(a) (24.10.2005) by The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 2 para. 10(b)

F12 Sch. 5 para. 7 omitted (6.10.2003) by virtue of The Social Security (Removal of Residential Allowance and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1121), reg. 1, Sch. 2 para. 11(b)(i)

F13 Sch. 5 para. 8 omitted (6.10.2003) by virtue of The Social Security (Removal of Residential Allowance and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1121), reg. 1, Sch. 2 para. 11(b)(ii)

F14 Sch. 5 para. 9 omitted (6.10.2003) by virtue of The Social Security (Removal of Residential Allowance and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1121), reg. 1, Sch. 2 para. 11(b)(iii)

F15 Sch. 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)

F16 Words in Sch. 5 para. 10(2) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 56(a)(i)

F17 Words in Sch. 5 para. 10 omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), Sch. Pt. 2 para. 20(b)

F18 Words in Sch. 5 para. 10(2) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 56(a)(ii)

F19 Words in Sch. 5 substituted (7.10.1996) by The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), reg. 1(1), Sch. Pt. 2

F20 Word in Sch. 5 para. 11 substituted (7.4.1997) by The Social Security (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/454), regs. 1(c), 2(15)

F21 Words in Sch. 5 para. 11 omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), Sch. Pt. 2 para. 20(c)

F22 Word in Sch. 5 para. 13(2) omitted (28.10.1996) by virtue of The Social Security and Child Support (Jobseeker’s Allowance) (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/2538), regs. 1, 2(13)(b)(i)

F23 Word in Sch. 5 para. 13(2) substituted (28.10.1996) by The Social Security and Child Support (Jobseeker’s Allowance) (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/2538), regs. 1, 2(13)(b)(ii)

F24 Words in Sch. 5 para. 13(2) added (28.10.1996) by The Social Security and Child Support (Jobseeker’s Allowance) (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/2538), regs. 1, 2(13)(b)(iii)

F25 Words in Sch. 5 inserted (3.4.2000) by The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (S.I. 2000/636), regs. 1(2), 4(7)(a)

F26 Words in Sch. 5 substituted (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) 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. 2 para. 21(c)

F27 Words in Sch. 5 para. 14 substituted (3.4.2000) by The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (S.I. 2000/636), regs. 1(2), 4(8)

F28 Sch. 5 para. 15(1) omitted (6.10.2003) by virtue of The Social Security (Removal of Residential Allowance and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1121), reg. 1, Sch. 2 para. 11(c)

F29 Sch. 5 paras. 16, 17 omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), reg. 1, Sch. Pt. 2 para. 20(e)

F30 Words 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)

F31 Words 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)

F32 Words in Sch. 5 para. 17A omitted (6.10.2003) by virtue of The Social Security (Removal of Residential Allowance and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1121), reg. 1, Sch. 2 para. 11(d)

Modifications etc. (not altering text)

C2 Sch. 5 para. 4: sum maintained (coming into force in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2004 (S.I. 2004/552), art. 24(8)(b), Sch. 17 Pt. II

C3 Sch. 5 para. 14: sum maintained (coming into force in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2004 (S.I. 2004/552), art. 24(8)(b), Sch. 17 Pt. II

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.

Modifications etc. (not altering text)

C4 Sch. 5 modified (8.4.2002 for specified purposes and with application in accordance with art. 1(2)(h)(5)) by The Social Security Benefits Up-rating Order 2002 (S.I. 2002/668), arts. 1(2)(h), 22(8), Sch. 13

C5 Sch. 5 modified (7.4.2003 for specified purposes and with effect in accordance with art. 1(2)(i)) by The Social Security Benefits Up-rating Order 2003 (S.I. 2003/526), arts. 1(2)(i), 23(8)(b), Sch. 13 Pt. II

C6 Sch. 5 modified (7.4.2003 for specified purposes and with effect in accordance with art. 1(2)(i)) by The Social Security Benefits Up-rating Order 2003 (S.I. 2003/526), arts. 1(2)(i), 23(8)(a), Sch. 13 Pt. I