The Social Security Benefits Up-rating Order 2005

Article 16(7)

SCHEDULE 4 INCOME SUPPORT: APPLICABLE AMOUNTS IN SPECIAL CASES

PART I PROVISIONS IN SCHEDULE 7 TO THE INCOME SUPPORT REGULATIONS WHICH ARE AMENDED BY THIS ORDER

(1)	(2)
Patients
1.  Subject to paragraphs 2, 2A and 3, a person who has been a patient for a period of more than 52 weeks and who is—
(b) a lone parent;	(b) £20.50 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—	(c)
(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;	(i) the amount applicable in respect of both of them under regulation 17(1) reduced by £16.40;
(ii) where both members of the couple have been a patient for that period;	(ii) £41.00 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;
(d) a member of a polygamous marriage—	(d)
(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;	(i) the applicable amount under regulation 18 (polygamous marriages) shall be reduced by £16.40 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 £20.50 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.
2.  A single claimant who has been a patient for a continuous period of more than 52 weeks, where—
(a) the following conditions are satisfied—	(a) Such amount (if any) not exceeding £16.40 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;
(i) a person has been appointed to act for him under regulation 33 of the Social Security (Claims and Payments) Regulations 1987(1) (persons unable to act); and (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) £16.40.
2A.  A single claimant who is detained under the provisions of the Mental Health Act 1983(2) or, in Scotland, under the provisions of the Mental Health (Scotland) Act 1984(3) or the Criminal Procedure (Scotland) Act 1995(4) and who immediately before his detention under any of those Acts was a prisoner.	2A.  £16.40.
3.  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	(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 £16.40 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 £16.40 instead of an amount determined in accordance with paragraph 2 of Schedule 2.

PART II OTHER SUMS SPECIFIED IN SCHEDULE 7 TO THE INCOME SUPPORT REGULATIONS

Paragraph in Schedule 7	Specified Sum
7.  Members of religious orders	Nil
8.  Prisoners	Nil
17.  Person from abroad	Nil

(1)

S.I. 1987/1968.

(2)

1983 c. 20.

(3)

1984 c. 36.

(4)

1995 c. 46.