1.—(1) Subject to sub-paragraph (2), the weekly applicable amount of a claimant, to whom regulation 20 applies shall be the aggregate of—
(a)subject to paragraph 3, the weekly charge for the accommodation including all meals and services provided for him or, if he is a member of a family, for him and his family increased where appropriate in accordance with paragraph 2 but, except in a case to which paragraph 10 applies, subject to the maximum determined in accordance with paragraph 5;
(b)a weekly amount for personal expenses for him and, if he is a member of a family, for each member of his family determined in accordance with paragraph 11; and
(c)where he is only temporarily in such accommodation any amount applicable under regulation 17(e) or 18(f) (housing costs) in respect of the dwelling normally occupied as the home.
(2) No amount shall be included in respect of any child or young person who is a member of the claimant's family if the capital of that child or young person calculated in accordance with Part V of these regulations in like manner as for the claimant, except where otherwise provided, would exceed £3,000.
2. Where the weekly charge for accommodation does not include the provision of all meals, it shall, for the purpose of paragraph 1 (1)(a) be increased in respect of the claimant or, if he is a member of a family, in respect of each member of his family by the following amount—
(a)if the meals can be purchased within the board and lodging accommodation or hostel, the amount equal to the actual cost of the meals, calculated on a weekly basis; or
(b)if the meals cannot be so purchased, the amount calculated on a weekly basis—
(i)for breakfast, at a daily rate of £1·10,
(ii)for a midday meal, at a daily rate of £1·55,
(iii)for an evening meal, at a daily rate of £1·55,
except that, if some or all of the meals are normally provided free of charge or at a reduced rate, the amount shall be reduced to take account of the lower charge or reduction.
3. Where any part of the weekly charge for the accommodation is met by housing benefit, an amount equal to the part so met shall be deducted from the amount calculated in accordance with paragraph 1(1)(a).
4. Where a payment is to be made in respect of a period of less than one week, the applicable amount of the claimant under regulation 20 and this Schedule shall include the weekly amount to which paragraph 1(1)(a) applies, other than the increase for meals met under paragraph 2 which shall be met only in respect of the number of days falling in that period, if the weekly charge for the accommodation falls to be paid during that period.
5. Subject to paragraphs 6 and 7, the maximum referred to in paragraph 1(1)(a) shall be—
(a)in the case of a single claimant—
(i)in board and lodging accommodation, the appropriate amount in respect of that claimant specified in column (3) of Schedule 6 in respect of the board and lodging area, specified in column (1) of that Schedule in which his accommodation is situated, or
(ii)in a hostel £70·00 per week;
(b)where the claimant is a member of a family, in respect of each member of the family aged under 11, 1½ times the amount specified in paragraph 2(a) of Schedule 2, and either—
(i)if he is residing in board and lodging accommodation, in respect of each other member of the family, the appropriate amount specified in column (3) of Schedule 6 in respect of the board and lodging area specified in column (1) of that Schedule in which the family's accommodation is situated, or
(ii)if he is residing in a hostel, in respect of each other member of the family, £70·00 per week.
6. The maximum amount applicable in respect of a member of the family aged under 11 calculated in the manner referred to in paragraph 5(b)(i) shall be rounded to the nearest multiple of 5p by treating an odd amount of 2·5p or more as 5p and by disregarding an odd amount of less than 2·5p.
7. Except as provided by paragraph 9, the maximum amount specified in paragraph 5 shall be increased by any excess of the actual charge made to the claimant or, if he is a member of a family, made in respect of the family up to £17·50 in a case to which paragraph 8 applies or, if the claimant is one of a couple and paragraph 8(a) or (c)(i) or (ii) applies, up to £35·00.
8. The increase referred to in paragraph 7 shall apply in the case of—
(a)a claimant who has attained a pensionable age or, if one of a couple or polygamous marriage either member of that couple or any member of that marriage is aged 65 or over;
(b)a claimant or any other member of the family who is infirm by reason of physical or mental disability;
(c)a claimant in respect of whom one or more of the following conditions are satisfied—
(i)he or his partner is a person suffering from a mental disorder within the meaning of the Mental Health (Northern Ireland) Order 1986(1) in respect of whom the Department has, under Article 7 of the 1972 Order (prevention of illness, care and after care), made arrangements for the provision of residential accommodation in a private household or in premises which are not required to be registered in accordance with Schedule 5 to the 1972 Order,
(ii)he or his partner is a person who is resident in premises which are used for the rehabilitation of alcoholics or drug addicts and is so resident for the purposes of such rehabilitation.
9. Only one increase under paragraph 7 shall be applicable in respect of the claimant or any member of his family and the amount payable by virtue of that paragraph in respect of a claimant and his partner shall not exceed £35·00 and, if the claimant or any of his family who are in board and lodging accommodation or in a hostel is in receipt of an attendance allowance the increase shall only be payable to the extent that the excess of the actual charge for board and lodging accommodation or the hostel over the maximum amount is more than the amount of the attendance allowance in payment but only up to the amount specified for the time being as the higher rate of attendance allowance for the purposes of section 35(3) of the principal Act(2).
10.—(1) Where the claimant satisfies the conditions in sub-paragraph (2), the maximum referred to in paragraph 1(1)(a) shall not apply for a period of 13 weeks or, if alternative accommodation is found earlier, such lesser period following the date of claim except to the extent that the claimant is able to meet out of income disregarded for the purposes of Part V of these regulations the balance of the actual charge for the board and lodging accommodation over the maximum.
(2) For the purposes of sub-paragraph (1) the conditions are that—
(a)the claimant has lived in the same accommodation for more than 12 months;
(b)he was able to afford the charges in respect of that accommodation when he took up residence;
(c)having regard to the availability of board and lodging accommodation or hostels and to the circumstances mentioned in paragraph 10(7)(b) of Schedule 3 (housing costs), it is reasonable for the maximum referred to in paragraph 5 not to apply for the said period in order to allow the claimant time to find alternative accommodation;
(d)he is not a person who is being accommodated by a Health and Social Services Board under section 164 of the Children and Young Persons Act (Northern Ireland) 1968 (general function for promoting the welfare of persons under the age of 18); and
(e)he is seeking alternative accommodation and intends to leave his present accommodation once alternative accommodation is found.
11. The allowance for personal expenses for the claimant and each member of his family referred to in paragraph 1(1)(b) shall be—
(a)for the claimant and for his partner where—
(i)at least one member of the family is a child or young person, £11·50,
(ii)he or his partner satisfies the conditions specified in Part III of Schedule 2 (applicable amounts) for the applicability of any of the premiums specified in that Part, £11·50;
(b)in any other case—
(i)for the claimant, £10·30, and
(ii)for his partner, £10·30;
(c)for a young person aged 18, £10·30;
(d)for a young person aged under 18 but over 16, £6·20;
(e)for a child aged under 16 but over 11, £5·30;
(f)for a child aged under 11, £3·45.
Section 35(3) was amended by Article 3(4) of the Social Security (Northern Ireland) Order 1979 (S.l. 1979/396 (N.l. 5))