The Employment and Support Allowance Regulations (Northern Ireland) 2008

Regulation 69

SCHEDULE 5 N.I. Special Cases

PART 1 N.I. AMOUNTS PRESCRIBED FOR THE PURPOSES OF SECTION 4(2) OF THE ACT

Commencement Information

I1 Sch. 5 Pt. 1 in operation at 27.10.2008, see reg. 1(1)

(1)	(2)
Person or Couple	Amount
Claimants without accommodation 1.  A claimant who is without accommodation.	1.  The amount applicable to the claimant under regulation 67(1)(a).
Members of religious orders 2.  A claimant who is a member of, and fully maintained by, a religious order.	2.  Nil.
Prisoners 3.  A claimant—	3.—
(a) except where sub-paragraph (b) applies, who is a prisoner;	(a) Nil;
(b) who is detained in custody pending trial or sentence following conviction by a court.	(b) Only such amount, if any, as may be applicable under regulation 67(1)(c) and the amount of nil under regulation 67(3).
Specified cases of temporarily separated couples 4.  A claimant who is a member of a couple and who is temporarily separated from the claimant’s partner where— (a) one member of the couple is— (i) not a patient but is residing in a residential care home, a nursing home, an Abbeyfield Home or an independent hospital, (ii) resident in premises used for the rehabilitation of alcoholics or drug addicts, (iii) participating in arrangements for training or rehabilitation provided under sections 2 and 3 of the Disabled Persons (Employment) Act or arranged under section 1(1) of the Employment and Training Act where the person is required to live away from the dwelling occupied as the home, or (iv) in a probation hostel or other establishment for use in connection with the supervision and assistance of offenders or a bail hostel, provided and maintained, or under arrangements entered into, by the Probation Board for Northern Ireland with the approval of the Secretary of State; and (b) the other member of the couple is— (i) living in the dwelling occupied as the home, (ii) a patient, or (iii) residing in a residential care home, a nursing home, an Abbeyfield Home or an independent hospital.	4.  Either— (a) the amount applicable to the claimant as a member of a couple under regulation 67(1); or (b) the aggregate of the claimant’s applicable amount and that of the claimant’s 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 marriage where one or more partners are temporarily separated 5.  A claimant who is a member of a polygamous marriage and who is temporarily separated from a partner, where one of them is living in the home where the other member is— (a) not a patient but is residing in a residential care home, a nursing home, an Abbeyfield Home or an independent hospital; (b) resident in premises used for the rehabilitation of alcoholics or drug addicts; (c) attending a course of training or instruction provided or approved by the Department for Employment and Learning where the course requires the person to live away from home; or (d) in a probation hostel or other establishment for use in connection with the supervision and assistance of offenders or a bail hostel, provided and maintained, or under arrangements entered into, by the Probation Board for Northern Ireland with the approval of the Secretary of State.	5.  Either— (a) the amount applicable to the members of the polygamous marriage under regulation 68; or (b) the aggregate of the amount applicable for the members of the polygamous marriage who remain in the home under regulation 68 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.
Couple where one member is abroad 6.  Subject to paragraph 7, a claimant who is a member of a couple where one member of the couple is temporarily absent from the United Kingdom.	6.  For the first 4 weeks of that absence, the amount applicable to them as a couple under regulation 67(1) or 69 as the case may be, and thereafter, the amount applicable to the claimant in Northern Ireland under regulation 67(1) or 69 as the case may be, as if the claimant were a single claimant or, as the case may be, lone parent.
Couple or member of couple taking child or young person abroad for treatment 7.—(1) A claimant who is a member of a couple where either— (a) the claimant or the claimant’s partner is; or (b) both the claimant and the claimant’s partner 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 a claimant those in regulation 153(1)(a), (b), (c)(ii), (d) and (e); (b) in respect of a claimant’s partner, as if regulation 153(1)(a), (b), (c)(ii), (d) and (e) applied to that partner.	7.  For the first 26 weeks of that absence, the amount applicable to the claimant under regulation 67(1) or 69 as the case may be, and thereafter, if the claimant is in Northern Ireland, the amount applicable to the claimant under regulation 67(1) or 69 as the case may be, as if the claimant were a single claimant or, as the case may be, a lone parent.
Polygamous marriage where any member is abroad 8.  Subject to paragraph 9, a claimant who is a member of a polygamous marriage where one or more members of the marriage are temporarily absent from the United Kingdom.	8.  For the first 4 weeks of that absence, the amount applicable to the claimant under regulation 68 or 69 as the case may be, and thereafter, if the claimant is in Northern Ireland, the amount applicable to the claimant under regulation 68 or 69, as the case may be, as if any members 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 9.—(1) A claimant who is a member of a polygamous marriage where one or more members of the marriage 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 a claimant, those in regulation 153(1)(a), (b), (c)(ii), (d) and (e); (b) in respect of a claimant’s partner or partners, as the case may be, as if regulation 153(1)(a), (b), (c)(ii), (d) and (e) applied to that partner or those partners.	9.  For the first 26 weeks of that absence, the amount applicable to the claimant under regulation 68 or 69 as the case may be, and thereafter, if the claimant is in Northern Ireland, the amount applicable to the claimant under regulation 68 or 69 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.
Partner of a person subject to immigration control 10.  A claimant—	10.—
(a) who is the partner of a person subject to immigration control;	(a) The amount applicable in respect of the claimant only under regulation 67(1)(a), any amount which may be applicable to the claimant under regulation 67(1)(b) plus the amount applicable to the claimant under regulation 67(1)(c) or, as the case may be, regulation 69.
(b) where regulation 68 (polygamous marriages) applies, 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 (Northern Ireland) 2000(1), and (iii) who is a member of a couple and one or more of the person’s partners is subject to immigration control within the meaning of section 115(9) of that Act and section 115 of that Act applies to that partner or those partners for the purposes of exclusion from entitlement to income-related allowance.	(b) The amount determined in accordance with regulation 68 or 69 in respect of the claimant and any partners of the claimant 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 an income-related allowance.
Person from abroad 11.  Person from abroad.	11.  Nil.

PART 2 N.I. AMOUNTS PRESCRIBED FOR THE PURPOSES OF SECTIONS 2(1) AND 4(2) OF THE ACT

Commencement Information

I2 Sch. 5 Pt. 2 in operation at 27.10.2008, see reg. 1(1)

(1)	(2)
Person	Amount
[F1 Persons serving a sentence of imprisonment detained in hospital 12.   A person serving a sentence of imprisonment detained in hospital.]	12.  The amount applicable under regulation 67(2) and the amount of nil under regulation 67(3).
[F2 Patients] 13.  Subject to paragraph 12, a single claimant who has been a patient for a continuous period of more than 52 weeks or, where the claimant is one of a couple, the other member of the couple has been a patient for a continuous period of more than 52 weeks.	13.  The amounts applicable under regulation 67(1)(a), (c) and (2) and the amount of nil under regulation 67(3).
Person in hardship 14.  Where regulation 157 applies, a claimant who is a person in hardship.	14.  The amount to which the claimant is entitled under regulation 67(1)(a) and (2) or 68(1)(a) is to be reduced by 20 per cent.

Textual Amendments

F1 Words in Sch. 5 substituted (25.3.2010) by The Social Security (Persons Serving a Sentence of Imprisonment Detained in Hospital) Regulations (Northern Ireland) 2010 (S.R. 2010/58), regs. 1, 5(4)(a)

F2 Words in Sch. 5 inserted (25.3.2010) by The Social Security (Persons Serving a Sentence of Imprisonment Detained in Hospital) Regulations (Northern Ireland) 2010 (S.R. 2010/58), regs. 1, 5(4)(b)

(1)

S.R. 2000 No. 71; regulation 2 was amended by paragraph 1(s) of the Schedule to S.R. 2002 No. 323 and regulation 6 of S.R. 2003 No. 421