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The Employment and Support Allowance Regulations (Northern Ireland) 2008

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This is the original version (as it was originally made).

Applicable amounts in urgent cases

163.  For the purposes of calculating any entitlement to an income-related allowance under this Part—

(a)except in a case to which paragraph (b) or (c) applies, a claimant’s weekly applicable amount is to be the aggregate of—

(i)90 per cent. of the amount applicable in respect of himself or, if the claimant is a member of a couple or of a polygamous marriage, of the amount applicable in respect of both of them under paragraph 1(1), (2) or (3) of Schedule 4 or, as the case may be, the amount applicable in respect of them under regulation 68 (polygamous marriages),

(ii)the amount, if applicable, specified in Part 3 of Schedule 4 (premiums),

(iii)the amount, if applicable, specified in Part 4 of Schedule 4 (components), and

(iv)any amounts applicable under regulation 67(1)(c) or, as the case may be, 68(1)(d) (housing costs);

(b)in the case of a claimant to whom any paragraph of Schedule 5 (special cases) applies, the applicable amount is to be the aggregate of—

(i)90 per cent. of the amount applicable in column 2 of that Schedule in respect of the claimant and partner (if any),

(ii)the amount, if applicable, specified in Part 3 of Schedule 4 (premiums),

(iii)the amount, if applicable, specified in Part 4 of Schedule 4 (components), and

(iv)any amounts applicable under regulation 67(1)(c) or, as the case may be, 68(1)(d) (housing costs); or

(c)in the case of a claimant to whom regulation 162(2) applies, where that claimant is appealing to an appeal tribunal constituted under Chapter 1 of Part 2 of the 1998 Order, against a decision which embodies a determination that the claimant does not have limited capability for work, the applicable amount is to be the aggregate of—

(i)90 per cent. of the amount applicable in respect of himself or, if the claimant is a member of a couple or of a polygamous marriage, of the amount applicable in respect of both of them under paragraph 1(1), (2) or (3) of Schedule 4 or, as the case may be, the amount applicable in respect of them under regulation 68 (polygamous marriages),

(ii)the amount, if applicable, specified in Part 3 of Schedule 4 (premiums), and

(iii)any amounts applicable under regulation 67(1)(c) or, as the case may be, 68(1)(d) (housing costs).

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