The Income Support (General) Amendment Regulations 1990

Amendment of Schedule 7 to the General Regulations

21.  In Schedule 7 to the General Regulations (applicable amounts in special cases)(1)

(a) in paragraph 1, column (1), after the reference “paragraphs 2”, there shall be inserted the reference “2A,”;

(b) after paragraph 2 there shall be inserted the following paragraph—

“2A. A single claimant who is detained under the provisions of the Mental Health Act 1983(2) or the Mental Health (Scotland) Act 1984(3) and who immediately before his detention under either of those Acts was a prisoner.

2A. £9.40”;

(c) in paragraph 10A, in column (2), for the reference “or (f)” there shall be substituted the reference “(f) or (g)”;

(d) in paragraph 10B(3), in column (2), for the reference “17(1)(e) or 18(f)” there shall be substituted the reference “17(1)(e), (f) or (g) or 18(1)(f), (g) or (h)”;

(e) in paragraph 10C, in column (2), for the words from “personal expenses plus” to the end there shall be substituted the following words—

“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), or (d) in so far as that amount relates to the lone parent premium under paragraph 8 of Schedule 2.”;

(f) in paragraph 10D, in column (2), for the reference “paragraph 1(1)(a) and (c)” there shall be substituted the reference “paragraph 1(1)(a), (b) and (c)”;

(g) in paragraph 11, in column (1), at the beginning there shall be inserted the words “Subject to paragraph 11A,”;

(h) after paragraph 11 there shall be inserted the following paragraph—

“Couple or member of couple taking child or young person abroad for treatment 11A.   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 circumstances specified in regulation 4(3)(a)to(d).

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.”;

(i) for paragraph 12, there shall be substituted the following paragraph—

“Polygamous 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.”;

(j) after paragraph 12 there shall be inserted the following paragraph—

“Polygamous marriage: taking child or young person abroad for treatment 12A.   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 circumstances specified in regulation 4(3)(a) to (d).

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.”;

(k) in paragraph 1—

(i) in sub-paragraph (1), in column (2), for the reference “17(1)(f) or 18(1)(g)” there shall be substituted the reference “17(1)(f) or (g) or 18(1)(g)or(h)”;

(ii) in sub-paragraph (2), in column (2), for the reference “£8.70” there shall be substituted the words “Any amount applicable under regulation 17(1)(f) or (g), plus £9.40.”.

(1)

See S.I. 1988/663, 2022, 1989/1678

(2)

1983 c. 20

(3)

1984 c. 36