Statutory Instruments

1987 No. 1967

SOCIAL SECURITY

The Income Support (General) Regulations 1987

Made

20th November 1987

Coming into Force

11th April 1988

Whereas a draft of this instrument was laid before Parliament in accordance with section 83(3) of the Social Security Act 1986 and approved by resolution of each House of Parliament:

Now, therefore, the Secretary of State for Social Services, in exercise of the powers conferred by sections 20(1), (3)(d), (4), (9), (11) and (12), 22(1), (2), (4) and (5) to (9), 23(1), (3) and (5), 51(1)(n) and 84(1) of the Social Security Act 1986 F1 and sections 114, 166(1) to (3A) of the Social Security Act 1975 F2 and of all other powers enabling him in that behalf by this instrument, which is made before the end of a period of 12 months from the commencement of the enactments under which it is made, hereby makes the following Regulations:

Textual Amendments

F11986 c. 50; section 84(1) is an interpretation provision and is cited because of the meanings assigned to the words “prescribed” and “regulations”.

F21975 c. 14; section 114 is applied by section 52(3)(b) of the Social Security Act 1986 (c. 50); section 166(3A) is inserted by section 62 of that Act and section 166(1) to (3A) is applied by section 83(1) of that Act.

Modifications etc. (not altering text)

C1Instrument sums confirmed (coming into force in accordance with art. 1(2)(e) of the amending S.I.) by The Social Security Benefits Up-rating Order 1990 (S.I. 1990/320), art. 14(12), Sch. 7

PART IE+W+SGENERAL

Citation and commencementE+W+S

1.  These Regulations may be cited as the Income Support (General) Regulations 1987 and shall come into force on 11th April 1988.

Commencement Information

I1Reg. 1 in force at 11.4.1988, see reg. 1

InterpretationE+W+S

2.—(1) In these Regulations, unless the context otherwise requires—

“the Act” means the Social Security Act 1986;

“attendance allowance” means—

(a)

an attendance allowance under section 35 of the Social Security Act F3;

(b)

an increase of disablement pension under section 61 or 63 of that Act F4;

(c)

a payment under regulations made in exercise of the power conferred by section 159(3)(b) of that Act;

(d)

an increase of an allowance which is payable in respect of constant attendance under section 5 of the Industrial Injuries and Diseases (Old Cases) Act 1975 F5;

(e)

a payment by virtue of article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 1983 F6 or any analogous payment; or

(f)

any payment based on need for attendance which is paid as part of a war disablement pension;

“benefit week” has the meaning prescribed in paragraph 4 of Schedule 7 to the Social Security (Claims and Payments) Regulations 1987 F7; [F8and for the purposes of calculating any payment of income and of regulation 74(2)(a) “benefit week” shall also mean the period of 7 days ending on the day before the first day of the first benefit week following the date of claim or the last day on which income support is paid if it is in payment for less than a week;]

[F9“board and lodging accommodation” means—

(a)

accommodation provided to a person or, if he is a member of a family, to him or any other member of his family, for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which both are cooked or prepared (by a person other than the person to whom the accommodation is provided or a member of his family) and are consumed in that accommodation or associated premises; or

(b)

accommodation provided to a person in a hotel, guest house, lodging house or some similar establishment,

except accommodation provided by a close relative of his or of any other member of his family, or other than on a commercial basis;]

“claimant” means a person claiming income support;

“close relative” means a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, sister, or the spouse of any of the preceding persons or, if that person is one of an unmarried couple, the other member of that couple;

“concessionary payment” means a payment made under arrangements made by the Secretary of State with the consent of the Treasury which is charged either to the National Insurance Fund or to a Departmental Expenditure Vote to which payments of benefit under the Act, the Social Security Act or the Child Benefit Act 1975 F10 are charged;

“co-ownership scheme” means a scheme under which a dwelling is let by a housing association and the tenant, or his personal representative, will, under the terms of the tenancy agreement or of the agreement under which he became a member of the association, be entitled, on his ceasing to be a member and subject to any condition stated in either agreement, to a sum calculated by reference directly or indirectly to the value of the dwelling;

“couple” means a married or an unmarried couple;

“course of study” means any full-time course of study or sandwich course whether or not a grant is made for attending it;

“Crown tenant” means a person who occupies a dwelling under a tenancy or licence where the interest of the landlord belongs to Her Majesty in right of the Crown or to a government department or is held in trust for Her Majesty for the purposes of a government department, except (in the case of an interest belonging to Her Majesty in right of the Crown) where the interest is under the management of the Crown Estate Commissioners;

“dwelling occupied as the home” means the dwelling together with any garage, garden and outbuildings, normally occupied by the claimant as his home including any premises not so occupied which it is impracticable or unreasonable to sell separately, in particular, in Scotland, any croft land on which the dwelling is situated.

“earnings” has the meaning prescribed in regulation 35 or, as the case may be, 37;

“employed earner” shall be construed in accordance with section 2(1)(a) of the Social Security Act;

[F11“employment” except for the purposes of section 20(3)(d) of the Act, includes any trade, business, profession, office or vocation;]

“housing association” has the meaning assigned to it by section 1(1) of the Housing Associations Act 1985 F12;

“housing benefit expenditure” means expenditure of a kind for which housing benefit may be granted;

“invalid carriage or other vehicle” means a vehicle propelled by petrol engine or by electric power supplied for use on the road and to be controlled by the occupant;

“liable relative” has the meaning prescribed in regulation 54;

“lone parent” means a person who has no partner and who is responsible for, and a member of the same household as, a child or young person;

“long tenancy” means a tenancy granted for a term of years certain exceeding twenty one years, whether or not the tenancy is, or may become, terminable before the end of that term by notice given by or to the tenant or by re-entry, forfeiture (or, in Scotland, irritancy) or otherwise and includes a lease for a term fixed by law under a grant with a covenant or obligation for perpetual renewal unless it is a lease by sub-demise from one which is not a long tenancy;

“mobility allowance” means an allowance under section 37A of the Social Security Act F13;

“mobility supplement” means any supplement under article 26A of the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 1983 F14 including such a supplement by virtue of any other scheme or order or under Article 25A of the Personal Injuries (Civilians) Scheme 1983 F15;

“net earnings” means such earnings as are calculated in accordance with regulation 36;

“net profit” means such profit as is calculated in accordance with regulation 38;

“non-dependant” has the meaning prescribed in regulation 3;

“non-dependant deduction” means a deduction that is to be made under regulation 17(e) and paragraph 11 of Schedule 3;

“nursing home” has the meaning prescribed in regulation 19(3);

“occupational pension” means any pension or other periodical payment under an occupational pension scheme but does not include any discretionary payment out of a fund established for relieving hardship in particular cases;

“partner” means where a claimant—

(a)

is a member of a married or an unmarried couple, the other member of that couple;

(b)

is married polygamously to two or more members of his household, any such member;

“payment” includes a part of a payment;

[F16“period of study” means the period beginning with the start of the course of study and ending with the last day of the course or such earlier date as the student abandons it or is dismissed from it; but any period of attendance by the student at his educational establishment in connection with the course which is outside the period of the course shall be treated as part of the period of study;]

“policy of life insurance” means any instrument by which the payment of money is assured on death (except death by accident only) or the happening of any contingency dependent on human life, or any instrument evidencing a contract which is subject to payment of premiums for a term dependent on human life;

[F17“polygamous marriage” means any marriage during the subsistence of which a party to it is married to more than one person and the ceremony of marriage took place under the law of a country which permits polygamy;]

[F18“registered person” means a person registered with a body mentioned in regulation 7D(1)(a)(i) to (iv) of the Child Benefit (General) Regulations 1976 for—

(a)

work; or

(b)

training under the youth training scheme;]

“relative” means close relative, grand-parent, grand-child, uncle, aunt, nephew or neice;

“relevant enactment” has the meaning prescribed in regulation 16(8)(a);

“remunerative work” has the meaning prescribed in regulation 5;

[F19“residential accommodation” except in [F20regulation 19 and Schedule 3B] has the meaning prescribed in regulation 21(3);]

“residential care home” has the meaning prescribed in regulation 19(3);

“self-employed earner” shall be construed in accordance with section 2(1)(b) of the Social Security Act;

“single claimant” means a claimant who neither has a partner nor is a lone parent;

“Social Security Act” means the Social Security Act 1975 F21;

“student” has the meaning prescribed in regulation 61;

“supplementary benefit” means a supplementary pension or allowance under section 1 or 4 of the Supplementary Benefits Act 1976 F22;

“terminal date” in respect of a claimant means the terminal date in his case for the purposes of regulation 7 of the Child Benefit (General) Regulations 1976 F23;

[F24“the Independent Living Fund” means the charitable trust established out of funds provided by the Secretary of State for the purpose of providing financial assistance to those persons incapacitated by or otherwise suffering from very severe disablement who are in need of such assistance to enable them to live independently;]

[F25“the Macfarlane (Special Payments) Trust” means the trust of that name, established on 29th January 1990 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia;]

[F26“the Macfarlane Trust” means the charitable trust, established partly out of funds provided by the Secretary of State to the Haemophilia Society, for the relief of poverty or distress among those suffering from haemophilia;]

“training allowance” means an allowance (whether by way of periodical grants or otherwise) payable—

(a)

out of public funds by a Government department or by or on behalf of the [F27Training Commission];

(b)

to a person for his maintenance or in respect of a member of his family; and

(c)

for the period, or part of the period, during which he is following a course of training or instruction provided by, or in pursuance of arrangements made with, that department or approved by that department in relation to him or so provided or approved by or on behalf of that Commission,

but it does not include an allowance paid by any Government department to or in respect of a person by reason of the fact that he is following a course of full-time education[F28, other than under arrangements made under section 2 of the Employment and Training Act 1973,] or is training as a teacher;

[F29“water charges” means–

(a)

as respects England and Wales, any water and sewerage charges under Chapter IV of Part II of the Water Act 1989;

(b)

as respects Scotland, any water and sewerage charges under Schedule 5 to the Abolition of Domestic Rates Etc. (Scotland) Act 1987;

in so far as such charges are in respect of the dwelling which a person occupies as his home.]

“year of assessment” has the meaning prescribed in section 526(5) of the Income and Corporation Taxes Act 1970 F30;

“young person” has the meaning prescribed in regulation 14.

[F31“youth training scheme” means—

(a)

arrangements made under section 2 of the Employment and Training Act 1973 (functions of the Secretary of State); or

(b)

arrangements made by the Secretary of State for persons enlisted in Her Majesty’s forces for any special term of service specified in regulations made under section 2 of the Armed Forces Act 1966 (power of Defence Council to make regulations as to engagement of persons in regular forces),

for purposes which include the training of persons who, at the beginning of their training, are under the age of 18.]

(2) In these Regulations, unless the context otherwise requires, a reference—

(a)to a numbered Part is to the Part of these Regulations bearing that number;

(b)to a numbered regulation or Schedule is to the regulation in or Schedule to these Regulations bearing that number;

(c)in a regulation or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number;

(d)in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.

(3) Unless the context requires otherwise, any reference to the claimant's family or, as the case may be, to a member of his family, shall be construed for the purposes of these Regulations as if it included in relation to a polygamous marriage a reference to any partner and to any child or young person who is treated as the responsibility of the claimant or his partner, where that child or young person is a member of the claimant's household.

Textual Amendments

F4Subsections (3) and (4) of section 61 were added by the Social Security Act 1986 (c. 50), section 39 and Schedule 3, paragraph 6.

F6S.I. 1983/686; the relevant amending instruments are S.I. 1983/1164 and 1984/1675.

F121985c.69.

F13Section 37A was inserted by section 22(1) of the Social Security Pensions Act 1975 (c. 60) and amended by the National Health Service Act 1977 (c. 49), Schedule 15, paragraph 64, the Social Security Act 1979 (c. 18), section 3 and by Sections 71 and 86 and Schedule 11 of the Social Security Act 1986 (c. 50).

F14S.I. 1983/883; article 26A was added by S.I. 1983/1116 and amended by S.I. 1983/1521 and 1986/592.

F15S.I. 1983/686, amended by S.I. 1983/1164, 1540 and 1986/628.

F20Words in reg. 2(1) substituted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 1

F221976 c. 71, as amended by section 6(1) of, and Part I of Schedules 2 to, the Social Security Act 1980 (c. 30).

F23S.I. 1976/965; the relevant amending instruments are S.I. 1980/1054, 1982/470 and 1987/357.

F27Words in reg. 2(1) substituted (28.5.1988) by Employment Act 1988 (1988 c. 19), s. 24(3), 34

Commencement Information

I2Reg. 2 in force at 11.4.1988, see reg. 1

Definition of non-dependantE+W+S

3.—(1) In these Regulations, “non-dependant” means any person, except someone to whom paragraph (2) applies, who normally resides with a claimant.

(2) This paragraph applies to—

(a)any member of the claimant's family;

(b)a child or young person who is living with the claimant but who is not a member of his household by virtue of regulation 16 (membership of the same household);

(c)a person who jointly occupies the claimant's dwelling [F32and either is a co-owner of that dwelling with the claimant or his partner (whether or not there are other co-owners) or is liable with the claimant or his partner to make payments in respect of his occupation of the dwelling];

[F33(d)any person who is liable to make payments on a commercial basis to the claimant or the claimant’s partner in respect of the occupation of the dwelling;

(da)any person to whom or to whose partner the claimant or the claimant’s partner is liable to make payments on a commercial basis in respect of the occupation of the dwelling;

(db)any other member of the household of the person to whom or to whose partner the claimant or the claimant’s partner is liable to make payments on a commercial basis in respect of the occupation of the dwelling;]

(e)a person who lives with the claimant in order to care for him or a partner of his and who is engaged by a charitable or voluntary body (other than a public or local authority) which makes a charge to the claimant or his partner for the services provided by that person.

F34(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) For the purposes of this regulation a person resides with another only if they share any accommodation except a bathroom, a lavatory or a communal area [F35but not if each person is separately liable to make payments in respect of his occupation of the dwelling to the landlord].

(5) In this regulation “communal area” means any area (other than rooms) of common access (including halls and passageways) and rooms of common use in sheltered accommodation.

Textual Amendments

F34Reg. 3(3) omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 2(b)

F35Words in reg. 3(4) added (with effect in accordance with reg. 1(1)(a) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 2(c)

Commencement Information

I3Reg. 3 in force at 11.4.1988, see reg. 1

[F36Permitted periodE+W+S

3A.—(1) For the purposes of regulation 17(6), paragraph 7(10) of Schedule 3, paragraph 7(6) of Schedule 3A, paragraph 6(3) of Schedule 3B and paragraphs 4 and 6 of Schedule 8 (applicable amounts, mortgage interest, protected sums and earnings to be disregarded), where a claimant has ceased to be entitled to income support–

(a)because he or his partner becomes engaged in remunerative work the permitted period, subject to paragraph (2), shall be twelve weeks; or

(b)for any other reason, the permitted period shall be eight weeks.

(2) Subject to paragraph (3), where the claimant or his partner has ceased to be engaged in the remunerative work referred to in paragraph (1)(a) the permitted period shall be eight weeks if–

(a)the claimant’s weekly applicable amount is reduced under regulation 22 (reduction in applicable amounts in certain cases of actual or notional unemployment benefit disqualification) because of the cessation of that work; or

(b)the claimant or his partner has ceased to be engaged in that work within 6 weeks of beginning it; or

(c)at any time during the period of 26 weeks immediately preceding the beginning of that work, the person who has ceased to be engaged in it–

(i)was engaged in remunerative work; or

(ii)was in relevant education; or

(iii)was a student.

(3) Paragraph (2)(b) or (c) shall not apply if, by virtue of section 20A(2) of the Social Security Act (exemption from disqualification for unemployment benefit) , the person who has ceased to be engaged in remunerative work is exempted from disqualification for receiving unemployment benefit.]

Textual Amendments

PART IIE+W+SCONDITIONS OF ENTITLEMENT

Temporary absence from Great BritainE+W+S

4.—(1) Where a claimant is entitled to income support for a period immediately preceding a period of temporary absence from Great Britain, his entitlement to income support [F37shall continue only—

(a)in the circumstances specified in paragraph (2), during the first 4 weeks of that period of temporary absence; and

(b)in the circumstances specified in paragraph (3), during the first 8 weeks of that period.]

(2) The circumstances in which a claimant's entitlement to income support is to continue during the first four weeks of a temporary absence from Great Britain are that—

(a)the period of absence is unlikely to exceed 52 weeks; and

(b)while absent from Great Britain, the claimant continues to satisfy the other conditions of entitlement to income support; and

(c)any one of the following conditions applies—

(i)the claimant is not required to be available for employment under regulation 8(1) and Schedule 1 other than paragraph 5, 10, 18 to 20 of that Schedule (persons not required to be available for employment); or

(ii)he is not required to be available for employment under regulation 8(1) and paragraph 5 of Schedule 1 (incapacity for work) and his absence from Great Britain is for the sole purpose of receiving treatment from an appropriately qualified person for the incapacity by reason of which he is not required to be so available; or

(iii)he is in Northern Ireland; or

(iv)he is a member of a couple and he and his partner are both absent from Great Britain, and a premium referred to in paragraph 9, 10, 11 or 13 of Schedule 2 (applicable amounts) is applicable in respect of his partner [F38 or

(v)on the day on which the absence began he was, and had for the previous 28 weeks at least been, continuously incapable of work.]

[F39(3) The circumstances in which a claimant’s entitlement to income support is to continue during the first 8 weeks of a temporary absence from Great Britain are that—

(a)the period of absence is unlikely to exceed 52 weeks; and

(b)the claimant continues to satisfy the other conditions of entitlement to income support; and

(c)the claimant is, or the claimant and any other member of his family are, accompanying a member of the claimant’s family who is a child or young person solely in connection with arrangements made for the treatment of that child or young person for a disease or bodily or mental disablement; and

(d)those arrangements relate to treatment—

(i)outside Great Britain;

(ii)during the period whilst the claimant is, or the claimant and any member of his family are, temporarily absent from Great Britain; and

(iii)by, or under the supervision of, a person appropriately qualified to carry out that treatment.]

[F39(4) In paragraphs (2) and (3) “appropriately qualified” means qualified to provide medical treatment, physiotherapy or a form of treatment which is similar to, or related to, either of those forms of treatment.]

Textual Amendments

F37Words in reg. 4(1) substituted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 3(a)

F39Reg. 4(3)(4) added (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 3(b)

Commencement Information

I4Reg. 4 in force at 11.4.1988, see reg. 1

Persons treated as engaged in remunerative workE+W+S

5.—(1) Subject to the following provisions of this regulation, for the purposes of section 20(3)(c) of the Act (conditions of entitlement to income support), remunerative work is work in which a person is engaged, or, where his hours of work fluctuate, he is engaged on average, for not less than 24 hours a week being work for which payment is made or which is done in expectation of payment.

(2) The number of hours for which a person is engaged in work shall be determined—

(a)where no recognisable cycle has been established in respect of a person's work, by reference to the number of hours or, where those hours are likely to fluctuate, the average of the hours, which he is expected to work in a week;

(b)where the number of hours for which he is engaged fluctuate, by reference to the average of hours worked over—

(i)if there is a recognisable cycle of work, the period of one complete cycle (including, where the cycle involves periods in which the person does no work, those periods but disregarding any other absences);

(ii)in any other case, the period of five weeks immediately before the date of claim or the date of review, or such other length of time as may, in the particular case, enable the person's average hours of work to be determined more accurately.

(3) A person shall be treated as engaged in remunerative work during any period for which he is absent from work referred to in paragraph (1) if the absence is either without good cause or by reason of a recognised, customary or other holiday.

(4) A person who makes a claim and to whom or whose partner section 23 of the Act (trade disputes) applies [F40or applied] shall, for the period of seven days following the date on which the stoppage of work due to a trade dispute at his or his partner's place of work commenced or, if there is no stoppage, the date on which he or his partner first withdrew his labour in furtherance of a trade dispute, be treated as engaged in remunerative work.

(5) A person who was, or was treated as being, engaged in remunerative work and in respect of that work earnings to which [F41regulation 35(1)(b) to (d) and (i)] (earnings of employed earners) applies are [F42paid] shall be treated as being engaged in remunerative work for the period for which those earnings are taken into account in accordance with Part V.

[F43(6) For the purposes of this regulation, in determining the number of hours in which a person is engaged or treated as engaged in remunerative work, no account shall be taken of any hours in which the person is engaged in an employment or a scheme to which paragraph (a) to paragraph (f) of regulation 6 (persons not treated as engaged in remunerative work) applies.]

[F44(7) For the purposes of paragraphs (1) and (2), in determining the number of hours for which a person is engaged in work, that number shall include any time allowed to that person by his employer for a meal or for refreshment, but only where that person is, or expects to be, paid earnings in respect of that time.]

Textual Amendments

F44Reg. 5(7) added (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 4

Commencement Information

I5Reg. 5 in force at 11.4.1988, see reg. 1

Persons not treated as engaged in remunerative workE+W+S

6.  A person shall not be treated as engaged in [F45remunerative work in so far as—]

(a)he is mentally or physically disabled and his earning capacity is, by reason of that disability, reduced to 75 per cent or less of what he would, but for that disability, be reasonably expected to earn;

(b)he is engaged in child minding in his home;

(c)he is engaged by a charity or voluntary body or is a volunteer where the only payment received by him or due to be paid to him, is a payment which is to be disregarded under regulation 40(2) and paragraph 2 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings);

(d)he is engaged on a scheme for which a training allowance is being paid; or

(e)subject to regulation 5(4) [F46and (5)] (persons treated as engaged in remunerative work) he is a person to whom section 23 of the Act (trade disputes) applies [F47or in respect of whom section 20(3) of the Act (conditions of entitlement to income support) has effect as modified by section 23A(b) of the Act (effect of return to work)]; or

(f)he is a person who is not required to be available for employment because regulation 8 and paragraph 4 of Schedule 1 (person caring for another) applies to him.

Textual Amendments

Commencement Information

I6Reg. 6 in force at 11.4.1988, see reg. 1

Meaning of employmentE+W+S

7.—[F48(1)] For the purposes of section 20(3)(d) of the Act (conditions of entitlement to income support) [F49in so far as it relates to the condition of availability for employment] only work in employed earner's employment within the meaning of the Social Security Act—

(a)which the claimant can reasonably be expected to do;

(b)for which payment is made or which is done in expectation of payment; and

(c)for which he would normally be engaged for not less than 24 hours a week or, if he is mentally or physically disabled, such lesser number of hours as, having regard to his disability, he is usually capable of working,

shall be treated as employment.

[F50(2) For the purposes of section 20(3)(d) of the Act in so far as it relates to the condition of actively seeking employment, work which is treated as employment for the purposes of paragraph (1) and employment as a self-employed earner under any scheme for assisting claimants to become self-employed earners established under arrangements made pursuant to section 2 of the Employment and Training Act 1973 shall be treated as employment.]

Textual Amendments

Commencement Information

I7Reg. 7 in force at 11.4.1988, see reg. 1

Persons not required to be available for employmentE+W+S

8.—(1) A person, other than one to whom regulation 10(1)(h) applies (circumstances in which a person is to be treated as available for employment), to whom any paragraph of Schedule 1 (persons not required to be available for employment) applies in any week shall not be required to be available for employment in that week.

(2) A person, other than one to whom regulation 10(1)(h) applies, to whom none of the provisions of Schedule 1 other than paragraph 5 applies, shall, where—

(a)a medical practitioner to whom the question of that person's incapacity for work by reason of some disease or bodily or mental disablement has been referred under regulation 8 of the Social Security (Adjudication) Regulations 1986 F51 (medical references) is of the opinion that the person is not so incapable; and

(b)that person's medical practitioner continues to supply evidence of his incapacity for work in accordance with regulation 2 of the Social Security (Medical Evidence) Regulations 1976 F52 (evidence of incapacity for work); and

(c)that person has made and is pursuing an appeal against the determination of an adjudication officer that he is not so incapable; and

(d)that person, were he required to be available for employment, would not be treated as so available under regulation 9(1) (persons treated as available for employment),

not be required to be available for employment pending the determination of his appeal.

[F53(3) A person, other than one to whom regulation 10(1)(h) applies, to whom none of the provisions of Schedule 1 applies, shall, for any period when—

(a)he would, were he required to be available for employment, not be treated as so available under regulation 9(1); and

(b)the adjudication officer is satisfied that, unless income Support is paid, the claimant or a member of his family (if any) will suffer hardship,

not be required to be available for employment.]

Textual Amendments

F51S.I. 1986/2218, to which there are no relevant amending instruments.

F52S.I. 1976/615; the relevant amending instruments are S.I. 1982/699 and 1987/409.

Commencement Information

I8Reg. 8 in force at 11.4.1988, see reg. 1

Persons treated as available for employmentE+W+S

9.—(1) Except in a case to which regulation 10 (circumstances in which claimants are not to be treated as available for employment) applies, a claimant shall be treated as available for employment if, and only if—

(a)he is available to be employed within the meaning of section 17(1)(a)(i) of the Social Security Act F54 or Regulations made under it (requirement to be available to be employed for the purposes of unemployment benefit) in employment to which regulation 7 applies (meaning of employment); or

(b)he is normally engaged for less than the number of hours prescribed in paragraph (c) of regulation 7 in respect of him in employment to which that regulation applies, and he is available, within the meaning of section 17(1)(a)(i) or Regulations made under it, for such further number of hours which would, in aggregate with the number of hours for which he is normally engaged, be not less than the number of hours prescribed in paragraph (c) of regulation 7 for his case; or

(c)he satisfies the conditions in paragraph (2) and is attending—

(i)a course of education at an establishment recognised by the Secretaryof State as being, or as comparable to, a school or college; or

(ii)a course of training or instruction analogous to a course for which a training allowance would be payable,

and, in either case, he is prepared to terminate the course immediately a suitable vacancy becomes available to him.

(2) the conditions referred to in paragaph (1)(c) are that either—

(a)the claimant was, for a continuous period of not less than three months falling immediately before the commencement date,—

(i)in receipt of a qualifying benefit; or

(ii)on a course of training or instruction organised by or on behalf of the [F55Training Commission] as part of the Youth Training Scheme; or

(b)during the period of six months falling immediately before the commencement date the claimant was—

(i)for a period, or periods in aggregate, of not less than three months in receipt of a qualifying benefit or on a course of training or instruction organised by or on behalf of the [F56Training Commission] as part of the Youth Training Scheme; and

(ii)after the period referred to in head (i) of this sub-paragraph or, in the case of periods in aggregate, after the first such period and throughout the remainder of the six months for which that head did not apply to him, engaged in appropriate work;

and that the period of three months referred to in sub-paragraph (a) or, as the case may be, the period of six months referred to in sub-paragraph (b) fell wholly after the terminal date.

(3) In this regulation—

“appropriate work” means remunerative work for the purpose of section 20(3)(c) of the Act (conditions of entitlement to income support) or other work the emoluments from which are such as to disentitle the person engaged in it from a qualifying benefit;

“commencement date” means the date on which the claimant first attended the course of education or course of training or instruction;

“course” means a course in the pursuit of which the time spent receiving instruction or tuition, undertaking supervised study, examination or practical work or taking part in any exercise, experiment or project for which provision is made in the curriculum of the course does not, subject to paragraph (4), exceed 21 hours a week;

“qualifying benefit” means unemployment benefit or sickness benefit under the Social Security Act F57 or, in the case of a claimant who is required to be available for employment under section 20(3)(d) of the Act (conditions of entitlement to income support) or who is not so required under paragraph 5 of Schedule 1 (persons not required to be available by reason of sickness or incapacity), income support.

(4) In calculating the time spent in pursuit of a course for the purpose of this regulation, no account shall be taken of time occupied by meal breaks or spent on unsupervised study, whether undertaken on or off the premises of the educational establishment or place of instruction or training.

Textual Amendments

F541975 c. 14; section 17(1) was amended by the Social Security (No. 2) Act 1980 (c. 39), sections 3(1), 7(6) and the Schedule.

F55Words in reg. 9(2)(a)(ii) substituted (28.5.1988) by Employment Act 1988 (1988 c. 19), s. 24(3), 34

F56Words in reg. 9(2)(b)(i) substituted (28.5.1988) by Employment Act 1988 (1988 c. 19), s. 24(3), 34

Commencement Information

I9Reg. 9 in force at 11.4.1988, see reg. 1

Circumstances in which claimants are not to be treated as available for employmentE+W+S

10.—(1) A claimant shall not be treated as available for employment if he is a person to whom any one of the following sub-paragraphs applies—

(a)after a situation in any F58... employment has been properly notified to him as vacant or about to become vacant he has without good cause refused or failed to apply for that situation or refused to accept that situation when offered to him, and that situation is still vacant or open to application;

(b)he has neglected to avail himself of a reasonable opportunity of F59... employment and that opportunity is still available to him;

(c)he has failed to avail himself of a reasonable opportunity of short-term work which is available in the area in which he lives, and—

(i)he is aged 18 or over but under 45;

(ii)his partner, if any, is aged under 45;

(iii)there is no child or young person who is a member of his family;

(iv)his partner or, as the case may be, the claimant herself is not pregnant; and

(v)neither he nor his partner, if any, is mentally or physically disabled;

(d)[F60subject to paragraphs (4) to (6),] he has placed restrictions on the nature, hours, rate of remuneration or locality or other conditions of employment which he is prepared to accept and as a consequence of those restrictions he has no reasonable prospects of securing employment; but this sub-paragraph shall not apply where—

(i)he is prevented from having reasonable prospects of securing employment consistent with those restrictions only as a result of adverse industrial conditions in the locality or localities concerned which may reasonably be regarded as temporary, and, having regard to all the circumstances, personal and other, the restrictions which he imposes are reasonable; or

[F61(ii)the restrictions are reasonable in view of his physical or mental condition; or

(iii)he has a usual occupation and those restrictions relate to it and are consistent with conditions which are usual in that occupation]

(e)having failed to comply with a written notice given or sent to him by or on behalf of the Secretary of State or the [F62Training Commission] requesting him to report at a specified time, place and date to an officer of the Department of Health and Social Security, the Department of Employment, the [F62Training Commission] or a local education authority for an interview in connection with his prospects of employment, he fails without good cause to comply with the requirements of a further notice given or sent to him within 14 days of the date specified in the first notice by or on behalf of the Secretary of State or, as the case may be, the [F62Training Commission] and requesting him to report as aforesaid at a time, place and date specified in the further notice for the purpose of such an interview;

(f)he has been disallowed unemployment benefit on the ground that he failed to claim in the manner prescribed by regulation 4 of the Social Security (Claims and Payments) Regulations 1987 F63 (making a claim for benefit) by virtue of the fact that the form approved by the Secretary of State for the purpose of claiming was not duly completed so far as it related to his availability for employment; or

(g)he is a share fisherman within the meaning of the Social Security (Mariners' Benefits) Regulations 1975 F64 who is not entitled to unemployment benefit under the Social Security Act because he has failed to satisfy the additional condition for receipt of that benefit in paragraph (5) or (8) of regulation 8 of those Regulations (that he performed no work as a sea-going or on-shore share fisherman and that he has not neglected to avail himself of a reasonable opportunity of employment as a fisherman);

[F65(h)he is a student during the period of study, other than—

(i)one to whom paragraph 1, 2, [F667 to 7B], 11, 16 or 20 of Schedule 1 applies (persons not required to be available for employment) but in the case of paragraph 20 only where the student is a person to whom regulation 70 (3) (a) applies (certain persons from abroad); or

(ii)one who has a partner who is also a student, if either he or his partner is treated as responsible for a child or young person, but this exception shall apply only for the period of the summer vacation appropriate to his course.]

(2) A determination that a claimant is not to be treated as available for employment—

(a)under paragraph (1)(a), shall apply for a period not exceeding—

(i)the period during which the situation in question remains vacant; or

(ii)[F6726] weeks,

whichever is the shorter;

(b)under paragraph (1)(b), shall apply for a period not exceeding—

(i)the period during which the opportunity is still available to him; or

(ii)[F6726] weeks,

whichever is the shorter;

(c)under paragraph (1)(c)—

(i)shall not apply until the claimant has been given 14 days' notice in writing and that period has expired, and then

(ii)shall apply for a period not exceeding the period during which the opportunity is still available to him or, if shorter, the period of [F6726] weeks;

(d)under paragraph (1)(d), shall apply for so long as the claimant has no reasonable prospect of employment as a consequence of the restrictions referred to in that paragraph;

(e)under paragraph (1)(e), shall apply on the day specified in the further notice and any subsequent day falling before the day on which the claimant reports to an officer of the Department of Health and Social Security, the Department of Employment, the [F68Training Commission] or a local education authority at the place specified in the notice and there attends an interview in connection with his prospects of employment or before the day on which the Secretary of State or, as the case may be, the [F68Training Commission] rescinds the further notice, whichever event first occurs;

(f)under paragraph (1)(f), shall apply for so long as the claimant fails to claim in the manner referred to in that paragraph;

(g)under paragraph (1)(g) or (h), shall apply for so long as that paragraph continues to apply to him.

(3) In this regulation—

F69(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)“properly notified” means notified by an officer acting on behalf of the Secretary of State, or by the [F70Training Commission], a local education authority or some other recognised agency, or by or on behalf of an employer.

[F71(4) A determination that paragraph (1)(d) does not apply by reason of the circumstances prescribed in head (iii) of that paragraph shall have effect for a period not exceeding 13 weeks beginning—

(a)in a case where the claimant is not entitled to unemployment benefit and has not been entitled to that benefit for any day since he was last in remunerative work, on the first day for which the claimant makes a claim for income Support since the last day on which he was in remunerative work, or vocational training in his usual occupation, or incapable of work;

(b)in any other case, on the first day for which a claim for unemployment benefit is made since the claimant was last in remunerative work.]

[F71(5) In determining the length of the period for the purposes of paragraph (4) regard shall be had to—

(a)the claimant’s usual occupation and any relevant skills and qualifications which he has acquired;

(b)the length of the periods during which he has undergone training relevant to his usual occupation;

(c)the length of the periods during which he has been employed in his usual occupation and the period since he was last so employed; and

(d)the availability and location of employment in his usual occupation.]

[F71(6) For the purposes of paragraph (1)(d), in deciding whether a claimant has no reasonable prospects of securing employment regard shall be had, in particular, to the length of the period during which he has been unemployed.]

Textual Amendments

F62Words in reg. 10(1)(e) substituted (28.5.1988) by Employment Act 1988 (1988 c. 19), s. 24(3), 34

F68Words in reg. 10(2)(e) substituted (28.5.1988) by Employment Act 1988 (1988 c. 19), s. 24(3), 34

F70Words in reg. 10(3)(b) substituted (28.5.1988) by Employment Act 1988 (1988 c. 19), s. 24(3), 34

Commencement Information

I10Reg. 10 in force at 11.4.1988, see reg. 1

[F72Actively seeking employmentE+W+S

10A.—(1) A claimant shall not be required to be a person who is actively seeking employment where, by virtue of regulation 8 (persons not required to be available for employment), he is not required to be available for employment.

(2) A claimant, other than a person to whom regulation 10(1)(h) applies, shall not be required to be a person who is actively seeking employment during any week in which the adjudication officer is satisfied that, unless income support is paid, the claimant or a member of his family (if any) will suffer hardship.

(3) Subject to paragraph (4), a claimant shall be treated as actively seeking employment in any week if, and only if, he takes such steps in that week as he would be required to take under regulations made under subsection (2)(aa)(i) of Section 17 of the Social Security Act in order to be regarded as actively seeking employed earner’s employment in that week for the purposes of that section.

(4) A claimant shall be treated as actively seeking employment in respect of any week for which he is, or would have been had he made a claim for unemployment benefit, deemed to have been actively seeking employment under regulations made under section 17(1)(a)(i) of the Social Security Act.

(5) For the purposes of this regulation, in relation to a claimant,

Textual Amendments

Registration for employmentE+W+S

11.—(1) Subject to paragraph (2), a claimant who—

(a)is aged less than 18; and

(b)is required to be available for employment for the purposes of section 20(3)(d)(i) of the Act (conditions of entitlement to income support);

must also be registered for employment in accordance with paragraph (3).

(2) A claimant other than one to whom regulation 10(1)(h) (circumstances in which claimants are not to be treated as available for employment) applies and who would, but for this paragraph, be required to be registered for employment in accordance with paragraph (3), shall not be required so to register for employment if—

(a)a medical practitioner to whom the question of the claimant's incapacity for work by reason of some disease or bodily or mental disablement has been referred under regulation 8 of the Social Security (Adjudication) Regulations 1986 F73 (medical references) is of the opinion that he is not so incapable; and

(b)the claimant's medical practitioner continues to supply evidence of his incapacity for work in accordance with regulation 2 of the Social Security (Medical Evidence) Regulations 1976 F74 (evidence of incapacity); and

(c)the claimant has made and is pursuing an appeal against the determination of an adjudication officer that he is not so incapable.

(3) A claimant to whom paragraph (1) applies shall, except where the Secretary of State decides otherwise, be registered for employment by registering with the [F75Training Commission] or a local education authority.

Textual Amendments

F73S.I. 1986/2218, to which there are no relevant amending instruments.

F74S.I. 1976/615, the relevant amending instruments are S.I. 1982/699 and S.I. 1987/409.

F75Words in reg. 11(3) substituted (28.5.1988) by Employment Act 1988 (1988 c. 19), s. 24(3), 34

Commencement Information

I11Reg. 11 in force at 11.4.1988, see reg. 1

[F76Relevant EducationE+W+S

12.—(1) For the purposes of these Regulations a child or young person is to be treated as receiving relevant education if, and only if—

(a)he is not receiving advanced education; but

(b)he is receiving full-time education for the purposes of section 2 of the Child Benefit Act 1975 (meaning of child) or, as the case may be, he is treated as a child for the purposes of that section.

(2) For the purposes of this regulation “receiving advanced education” means participating in any course (whether full-time or part-time)—

(a)leading to a postgraduate degree or comparable qualification, a first degree or comparable qualification, a diploma of higher education, a higher national diploma, a higher national diploma of the Business and Technician Education Council or the Scottish Vocational Education Council or a teaching qualification; or

(b)any other course which is a course of a standard above ordinary national diploma, a national diploma of the Business and Technician Education Council or a national certificate of the Scottish Vocational Education Council, a general certificate of education (advanced level), a Scottish certificate of education (higher grade) or a Scottish certificate of sixth year studies.]

Textual Amendments

F76Reg. 12 substituted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 5

Commencement Information

I12Reg. 12 in force at 11.4.1988, see reg. 1

Circumstances in which persons in relevant education are to be entitled to income supportE+W+S

13.—(1) Notwithstanding that a person is to be treated as receiving relevant education under regulation 12 (relevant education) he shall, if paragraph (2) applies to him and he satisfies the other conditions of entitlement to income support, be entitled to income support.

(2) This paragraph applies to a young person who—

(a)is the parent of a child for whom he is treated as responsible under regulation 15 (circumstances in which a person is to be treated as responsible or not responsible for another) and who is treated as a member of his household under regulation 16 (circumstances in which a person is to be treated as being or not being a member of the household); or

(b)is severely mentally or physically handicapped and because of that he would be unlikely, even if he were available for employment, to obtain employment within the next 12 months; or

(c)has no parent nor any person acting in the place of his parents; or

[F77(d)of necessity has to live away from his parents or any person acting in the place of his parents because–

(i)he is estranged from his parents or that person; or

(ii)he is in physical or moral danger; or

(iii)there is a serious risk to his physical or mental health;]

(e)is living away from his parents and any person acting in the place of his parents in a case where his parents are or, as the case may be, that person is unable financially to support him and—

(i)chronically sick or mentally or physically disabled; or

(ii)detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court; or

(iii)prohibited from entering or re-entering Great Britain; or

(f)is attending a course of education to which regulation 9 (persons treated as available for employment) applies and satisfies the other conditions of that regulation; or

(g)has completed or terminated such a course and while attending that course satisfied the other conditions of that regulation; or

(h)he is a person to whom paragraph 16 of Schedule 1 (refugees not required to be available for employment) applies.

(3) In this regulation—

(a)any reference to a person acting in the place of a young person's parents includes—

(i)for the purposes of paragraph (2)(c) and (d), a reference to a local authority or voluntary organisation where the young person is in their care under a relevant enactment, or to a person with whom the young person is boarded out by a local authority or voluntary organisation whether or not any payment is made by them; and

(ii)for the purposes of paragraph (2)(e), any person with whom the young person is so boarded out;

(b)“chronically sick or mentally or physically disabled” means, in relation to a person to whom that expression refers, a person—

(i)in respect of whom the condition specified in paragraph 12(1) of Schedule 2 (additional condition for the higher pensioner and disability premiums) is satisfied; or

(ii)in respect of whom an amount under article 26 of the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 1983 F78 (provision of expenses in respect of appropriate aids for disabled living) is payable in respect of the cost of providing a vehicle, or maintaining a vehicle to a disabled person; or

(iii)who is substantially and permanently disabled.

Textual Amendments

Commencement Information

I13Reg. 13 in force at 11.4.1988, see reg. 1

[F79Persons under 18 yearsE+W+S

13A.—(1) A person to whom this regulation applies and for the period specified in relation to him is a person within the prescribed circumstances and period mentioned in section 20(3)(a) of the Act (conditions of entitlement for persons under 18).

(2) This regulation applies to a person of or over the age of 16—

(a)to whom any paragraph of Schedule 1A (circumstances in which a person aged 16 or 17 is eligible for income support) applies; and

(b)for the period for which that paragraph applies or, if the relevant date specified in paragraph (3) falls within that period, for so much thereof as falls before that date.

(3) In the case of a person—

(a)to whom any paragraph in Part I (persons eligible until 18) of Schedule 1A applies, the relevant date is the date on which he attains the age of 18;

(b)other than one to whom sub-paragraph (a) applies, to whom any paragraph in Part II (persons eligible until the relevant date) of that Schedule applies, the relevant date is the date determined in accordance with paragraph (7).

(4) This regulation also applies to a person of, or over, the age of 16, other than one to whom any paragraph in Schedule 1A applies who is—

(a)incapable of work and training under the youth training scheme by reason of some disease or bodily or mental disablement if, in the opinion of a medical practitioner, that incapacity is likely to end within a period of less than 12 months; or

(b)a student, except during a period of study; or

(c)a registered person who has been discharged from any institution to which the Prison Act 1952 applied or from custody under the Criminal Procedure (Scotland) Act 1975 after the relevant date determined in accordance with paragraph (7) and who is within the circumstances specified in Part II of Schedule 1A.

(5) Paragraph (4)(a) and (b) shall have effect for a period—

(a)beginning on the date on which paragraph (4)(a) or, as the case may be, paragraph (4)(b) applies to that person which first falls on or after the relevant date determined in accordance with paragraph (7); and

(b)ending on the date on which that person attains the age of 18 or the date on which paragraph (4)(a) or (b), as the case may be, ceases to apply to him, whichever first occurs.

(6) Paragraph (4)(c) shall have effect for a period—

(a)beginning on that date on which paragraph (4)(c) applies to that person which first falls on or after the relevant date determined in accordance with paragraph (7); and

(b)ending either eight weeks after the date on which that period begins or on the date on which that person attains the age of 18, whichever first occurs.

(7) For the purposes of paragraphs (3)(b) and (4) to (6)—

(a)in the case of a person who ceases to be treated as a child by virtue of section 2(1)(a) of the Child Benefit Act 1975 (meaning of child) or regulation 7 of the Child Benefit (General) Regulations 1976 (circumstances in which a person who has ceased to receive full-time education is to continue to be treated as a child)—

(i)on or after the first Monday in September, but before the first Monday in January of the following year, the relevant date is the last day of the week which falls immediately before the week which includes the first Monday in January in that year;

(ii)on or after the first Monday in January but before the Monday following Easter Monday in that year, the relevant date is the last day of the week which falls 12 weeks after the week which includes the first Monday in January in that year;

(iii)at any other time of the year, the relevant date is last day of the week which falls 12 weeks after the week which includes the Monday following Easter Monday in that year;

(b)in the case of a person who was not treated as a child by virtue of section 2(1)(a) of that Act immediately before he was 16 and who has not been treated as a child by virtue of regulation 7 of those Regulations (interruption of full-time education), the relevant date is the date determined in accordance with sub-paragraph (a)(i), (ii) or (iii) as if he had ceased full-time education on the first date on which education ceased to be compulsory for a person of his age in England and Wales or, if he is resident in Scotland, in Scotland.]

Textual Amendments

PART III E+W+SMEMBERSHIP OF THE FAMILY

Persons of a prescribed descriptionE+W+S

14.—(1) Subject to paragraph (2), a person of a prescribed description for the purposes of section 20(11) of the Act as it applies to income support (definition of the family) and section 23(1) [F80and (3)] of the Act (trade disputes) is a person aged 16 or over but under 19 who is treated as a child for the purposes of section 2 of the Child Benefit Act 1975 (meaning of child), and in these Regulations such a person is referred to as a “young person”.

(2) Paragraph (1) shall not apply to [F81a person who is receiving advanced education within the meaning of regulation 12(2) (relevant education) or to] a person who is entitled to income support or would, but for section 20(9) of the Act (provision against dual entitlement of members of family), be so entitled.

Textual Amendments

F81Words in reg. 14(2) inserted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 6

Commencement Information

I14Reg. 14 in force at 11.4.1988, see reg. 1

Circumstances in which a person is to be treated as responsible or not responsible for anotherE+W+S

15.—(1) Subject to the following provisions of this regulation a person shall be treated as responsible for a child or young person for whom he has primary responsibility.

(2) Where a child or young person spends equal amounts of time in different households, or where there is a question as to who has primary responsibility for him, the child or young person shall be treated for the purposes of paragraph (1) as being the primary responsibility of—

(a)the person who is receiving child benefit in respect of him; or

(b)if there is no such person—

(i)where only one claim for child benefit has been made in respect of him, the person who made that claim; or

(ii)in any other case the person who has the primary responsibility for him.

(3) Where regulation 16(6) (circumstances in which a person is to be treated as being or not being a member of the household) applies in respect of a child or young person, that child or young person shall be treated as the responsibility of the claimant for that part of the week for which he is under that regulation treated as being a member of the claimant's household.

(4) Except where paragraph (3) applies, for the purposes of these Regulations a child or young person shall be treated as the responsibility of only one person in any benefit week and any person other than the one treated as responsible for the child or young person under this regulation shall be treated as not so responsible.

Commencement Information

I15Reg. 15 in force at 11.4.1988, see reg. 1

Circumstances in which a person is to be treated as being or not being a member of the householdE+W+S

16.—(1) Subject to paragraphs (2) to (5), the claimant and any partner and, where the claimant or his partner is treated as responsible under regulation 15 (circumstances in which a person is to be treated as responsible or not responsible for another) for a child or young person, that child or young person and any child of that child or young person shall be treated as members of the same household [F82notwithstanding that any of them] is absent from the dwelling occupied as his home.

(2) Paragraph (1) shall not apply in respect of any person referred to therein who is not treated as occupying a dwelling as his home because he fails to satisfy the conditions in sub-paragraph (8) of paragraph 4 of Schedule 3 (housing costs) [F83unless that person has been a patient within the meaning of regulation 21(3) for a period in excess of 52 weeks and is not a member of a couple or of a polygamous marriage].

(3) Paragraph (1) shall not apply in respect of any member of a couple or of a polygamous marriage where—

(a)one, both or all of them are patients detained in a hospital provided under section 4 of the National Health Service Act 1977 F84 (special hospitals) or section 90(1) of the Mental Health (Scotland) Act 1984 F85 (provision of hospitals for patients requiring special security); or

(b)one, both or all of them are detained in custody pending trial or sentence upon conviction or whilst serving a sentence imposed by a court; or

(c)one of them is in accommodation and, if the accommodation is accommodation provided under the provisions referred to [F86in] [F87any of sub-paragraphs (a) to (d) ([F88excluding heads (i) and (ii)] of sub-paragraph (d)) of the definition of residential accommodation] in regulation 21(3) (special cases), the couple, or as the case may be, the members of the polygamous marriage are not entitled to income support and they have insufficient income to meet the minimum charge for that accommodation; or

(d)the claimant is abroad and does not satisfy the conditions of regulation 4 (temporary absence from Britain); or

(e)one of them is permanently in residential accommodation or a residential care home or a residential nursing home.

(4) A child or young person shall not be treated as a member of the claimant's household where he is—

(a)boarded out with the claimant or his partner under a relevant enactment; or

(b)boarded out with the claimant or his partner prior to adoption; or

(c)placed for adoption with the claimant or his partner pursuant to a decision under the Adoption Agencies Regulations 1983 F89 or the Adoption Agencies (Scotland) Regulations 1984 F90.

(5) Subject to paragraph (6), paragraph (1) shall not apply to a child or young person who is not living with the claimant [F91and who]—

(a)[F92in a case which does not fall within sub-paragraph (aa),] has been continuously absent from Great Britain for a period of more than four weeks commencing—

(i)where he went abroad before the date of claim for income support, with that date;

(ii)in any other case, [F93on the day which immediately follows the day] on which he went abroad; or

[F94(aa)where regulation 4(3) or paragraph 11A or 12A of Schedule 7 (temporary absence abroad for the treatment of a child or young person) applies, has been continuously absent from Great Britain for a period of more than 8 weeks, that period of 8 weeks commencing—

(i)where he went abroad before the date of the claim for income support, on the date of that claim;

(ii)in any other case, on the day which immediately follows the day on which he went abroad; or]

(b)has been an in-patient or in [F95accommodation provided under any of the provisions referred to in [F96any of sub-paragraphs (a) to (d) ([F97excluding heads (i) and (ii)] of sub-paragraph (d)) of the definition of residential accommodation”] in regulation 21(3)] for a continuous period of more than 12 weeks commencing—

(i)where he became an in-patient or, as the case may be, entered that accommodation before the date of the claim for income support, with that date; or

(ii)in any other case, with the date on which he became an in-patient or entered that accommodation,

and, in either case, has not been in regular contact with either the claimant or any member of the claimant's household; or

(c)is in the care of a local authority under a relevant enactment; or

(d)has been boarded out with a person other than the claimant prior to adoption; or

(e)has been placed for adoption pursuant to a decision under the Adoption Agencies Regulations 1983 or the Adoption Agencies (Scotland) Regulations 1984; or

(f)is detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court.

(6) A child or young person to whom any of the circumstances mentioned in sub-paragraphs (c) or (f) of paragraph (5) applies shall be treated as being a member of the claimant's household only for that part of any benefit week where that child or young person lives with the claimant.

(7) Where a child or young person for the purposes of attending the educational establishment at which he is receiving relevant education is living with the claimant or his partner and neither one is treated as responsible for that child or young person that child or young person shall be treated as being a member of the household of the person treated as responsible for him and shall not be treated as a member of the claimant's household.

(8) In this regulation—

(a)“relevant enactment” means the Army Act 1955 F98, the Air Force Act 1955 F99, the Naval Discipline Act 1957 F100, the Adoption Act 1958 F101, the Matrimonial Proceedings Children Act 1958 F102, the Children Act 1958 F103, the Social Work (Scotland) Act 1968 F104, the Family Law Reform Act 1969 F105, the Children and Young Persons Act 1969 F106, the Matrimonial Causes Act 1973 F107, the Guardianship Act 1973 F108, the Children Act 1975 F109, the Domestic Proceedings and Magistrates' Courts Act 1978 F110, the Adoption (Scotland) Act 1978 F111, the Child Care Act 1980 F112, and the Foster Children Act 1980 F113;

(b)“voluntary organisation” has the meaning assigned to it in the Child Care Act 1980 or, in Scotland, the Social Work (Scotland) Act 1968.

Textual Amendments

F841977 c. 49; section 4 was amended by section 148, Schedule 4, paragraph 47 of the Mental Health Act 1983 (c. 20).

F87Words in reg. 16(3)(c) substituted (with effect in accordance with reg. 1(1)(a) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 3

F88Words in reg. 16(3)(c) substituted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 3

F92Words in reg. 16(5)(a) inserted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 7(a)

F93Words in reg. 16(5)(a) substituted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 7(a)

F94Reg. 16(5)(aa) inserted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 7(b)

F96Words in reg. 16(5)(b) substituted (with effect in accordance with reg. 1(1)(a) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 3

F97Words in reg. 16(5)(b) substituted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 3

Commencement Information

I16Reg. 16 in force at 11.4.1988, see reg. 1

PART IV E+W+SAPPLICABLE AMOUNTS

Applicable amountsE+W+S

17.—(1) Subject to regulations 18 to 22 and 70 (applicable amounts in other cases and reductions in applicable amounts and urgent cases), a claimant's weekly applicable amount shall be the aggregate of such of the following amounts as may apply in his case:

(a)an amount in respect of himself or, if he is a member of a couple, an amount in respect of both of them, determined in accordance with paragraph 1 (1), (2) or (3), as the case may be, of Schedule 2;

(b)an amount determined in accordance with paragraph 2 of Schedule 2 in respect of any child or young person who is a member of his family, except a child or young person whose capital, if calculated in accordance with Part V in like manner as for the claimant, except where otherwise provided, would exceed £3,000;

(c)if he is a member of a family of which at least one member is a child or young person, an amount determined in accordance with Part II of Schedule 2 (family premium);

(d)the amount of any premiums which may be applicable to him, determined in accordance with Parts III and IV of Schedule 2 (premiums);

(e)any amounts determined in accordance with Schedule 3 (housing costs) which may be applicable to him in respect of mortgage interest payments or such other housing costs as are prescribed in that Schedule.

[F114(f)any amounts determined in accordance with [F115paragraphs (2) to (7)].]

[F116(g)the amount of the protected sum which may be applicable to him determined in accordance with Schedule 3A] [F117or, as the case may be, 3B].

[F118(2) Where —

(a)a claimant has throughout the period beginning on 11th April 1988 and ending immediately before the coming into force of paragraphs 25 to 28 of Schedule 10 (capital to be disregarded) failed to satisfy the capital condition in section 22(6) of the Act (no entitlement to benefit if capital exceeds prescribed amount); and

(b)as a consequence he is not entitled to any transitional addition, special transitional addition or personal expenses addition under Part II of the Transitional Regulations; and

(c)had those paragraphs been in force on 11th April 1988 he would have satisfied that condition and been entitled to any such addition,

the amount applicable under this paragraph shall, subject to paragraph (3), be equal to the amount of any transitional addition, special transitional addition and personal expenses addition to which he would be entitled under Part II of the Transitional Regulations had he been entitled to any such addition in the week commencing 11th April 1988.]

[F118(3) For the purposes of paragraph (2), in determining a claimant’s total benefit income in his second benefit week for the purpose of calculating the amount of any transitional addition to which he would have been entitled, no account shall be taken of any payment referred to in paragraph (1)(j) of regulation 9 of the Transitional Regulations (total benefit income) which is made in respect of that week to compensate for the loss of entitlement to income support.]

[F118(4) Subject to paragraph (6), where —

(a)the claimant or any member of his family was temporarily absent from his home in the claimant’s first or second benefit week (or both), because he was —

(i)a patient; or

(ii)outside Great Britain for the purpose of receiving treatment for any disease or bodily or mental disablement or for the purpose of accompanying a child or young person who is outside Great Britain for the purpose of receiving such treatment; or

(iii)in a residential care or nursing home or in accommodation provided under any of the provisions referred to in any of sub-paragraphs (a) to (d) of the definition of residential accommodation in regulation 21(3) (special cases); or

(iv)in the care of a local authority under a relevant enactment; or

(v)staying with a person who was contributing to his maintenance; and

(b)as a result —

(i)in the claimant’s first benefit week his requirements for the purpose of calculating his entitlement to supplementary benefit were increased or reduced or he was not entitled to that benefit; or

(ii)in the claimant’s second benefit week his applicable amount was increased or reduced or he was not entitled to income support; and

(c)the period during which his requirements were, or his applicable amount was, increased or reduced, or he was not entitled to benefit, or any one or more of those circumstances existed, did not exceed 8 weeks,

the amount applicable under this paragraph shall be equal to the amount determined under paragraph (5).]

[F118(5) The amount for the purposes of paragraph (4) shall be an amount equal to the difference between —

(a)the amount that his total benefit income in his first benefit week would have been had he been entitled in respect of that week to supplementary benefit calculated on the basis that he or any member of his family had not been absent from the home; and, if less,

(b)the amount of his total benefit income in the first complete week after the period of temporary absence ends; but for the purpose of calculating his total benefit income in that week —

(i)no account shall be taken of any payment referred to in paragraph (1)(j) of regulation 9 of the Transitional Regulations which is made in respect of that week to compensate for the loss (in whole or in part) of entitlement to income support; and

(ii)if the period of temporary absence ends after the coming into force of paragraph (4), the amount of income support to be taken into account shall, notwithstanding regulation 9(6) of the Transitional Regulations, be calculated as if that paragraph were not in force.]

[F118(6) The amount under paragraph (4) shall cease to be applicable to a claimant if he ceases to be entitled to income support for a period exceeding [F119the permitted period determined in accordance with regulation 3A (permitted period)].]

[F120(6A) For the purposes of paragraph (6), where a claimant has ceased to be entitled to income support because he or his partner is participating in arrangements for training made under section 2 of the Employment and Training Act 1973 or attending a course at an employment rehabilitation centre established under that section, he shall be treated as if he had been entitled to income support for the period during which he or his partner is participating in such arrangements or attending such a course.]

[F118(7) In this Regulation —

“first benefit week” and “second benefit week” have the meanings given to those expressions in regulations 2(1) of the Transitional Regulations and shall also include the week which would have been the claimant’s “first benefit week” or, as the case may be, “second benefit week” had he been entitled to supplementary benefit or, as the case may be, income support in that week;

“total benefit income” has, subject to paragraphs (3) and (5)(b), the same meaning as in regulation 9 of the Transitional Regulations;

“Transitional Regulations” means the Income Support (Transitional) Regulations 1987.]

Textual Amendments

F117Words in reg. 17(1)(g) added (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 17

Modifications etc. (not altering text)

C2Reg. 17(1)(b) sum confirmed (coming into force in accordance with art. 1(2)(e) of the amending S.I.) by The Social Security Benefits Up-rating Order 1990 (S.I. 1990/320), arts. 1(2)(e), 14(2)

Commencement Information

I17Reg. 17 in force at 11.4.1988, see reg. 1

Polygamous marriagesE+W+S

18.—[F121(1)] [F122Subject to paragraph (2) and regulations] 19 to 22 and 70 (applicable amounts in other cases and reductions in applicable amounts and urgent cases), where a claimant is a member of a polygamous marriage his weekly applicable amount shall be the aggregate of such of the following amounts as may apply in his case:

(a)the highest amount applicable to him and one of his partners determined in accordance with sub-paragraph (3) of paragraph 1 of Schedule 2 as if he and that partner were a couple;

(b)an amount equal to the difference between the amounts specified in [F123sub-paragraphs (3)(c)] [F124and (1)(e)] of paragraph 1 of Schedule 2 in respect of each of his other partners;

(c)an amount determined in accordance with paragraph 2 of Schedule 2 (applicable amounts) in respect of any child or young person for whom he or a partner of his is responsible and who is a member of the same household except a child or young person whose capital, if calculated in accordance with Part V in like manner as for the claimant, except where otherwise provided, would exceed £3,000;

(d)if he or another partner of the polygamous marriage is responsible for a child or young person who is a member of the same household, the amount specified in Part II of Schedule 2 (family premiums);

(e)the amount of any premiums which may be applicable to him determined in accordance with Parts III and IV of Schedule 2 (premiums);

(f)any amounts determined in accordance with Schedule 3 (housing costs) which may be applicable to him in respect of mortgage interest payments or such other housing costs as are prescribed in that Schedule.

[F125(g)any amount determined in accordance with regulation 17(1)(f) (applicable amounts);]

[F126(h)the amount of the protected sum which may be applicable to him determined in accordance with Schedule 3A] [F127or, as the case may be, 3B].

[F128(2) In the case of a partner who is aged less than 18, the amount which applies in respect of that partner shall be nil unless—

(a)that partner is treated as responsible for a child, or

(b)that partner is a person who—

(i)had he not been a member of a polygamous marriage would have been eligible for income support by virtue of regulation 13A (circumstances in which a person aged 16 or 17 is eligible for income support); or

(ii)is a person in respect of whom there is a direction under section 20(4A) of the Act (income support to avoid severe hardship).]

Textual Amendments

F127Words in reg. 18(1)(h) added (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 17

Modifications etc. (not altering text)

C3Reg. 18(1)(c) sum confirmed (coming into force in accordance with art. 1(2)(e) of the amending S.I.) by The Social Security Benefits Up-rating Order 1990 (S.I. 1990/320), arts. 1(2)(e), 14(2)

Commencement Information

I18Reg. 18 in force at 11.4.1988, see reg. 1

Applicable amounts for persons in residential care and nursing homesE+W+S

19.—[F129(1) Subject to regulation 22 (reduction of applicable amounts) where—

(a)the claimant lives in a residential care home or nursing home; or

(b)if the claimant is a member of a family, he and the members of his family live in such a home,

his weekly applicable amount shall, except in a case to which regulation 21 (applicable amounts in special cases) or Part II of Schedule 4 (persons to whom regulation 19 does not apply) applies, be calculated in accordance with Part I of that Schedule.

(1A) For the purposes of paragraph (1)(b) [F130and Schedule 4] a claimant and the members of his family are to be taken as living in a residential care home or nursing home even during periods when one or more members of the family are temporarily absent from the home but only if the claimant or his partner is living in the home during any such period.]

(2) Where—

(a)a claimant immediately before 27th July 1987 was in receipt of supplementary benefit as a boarder in a residential care home which was not required to register under Part I of the Registered Homes Act 1984 because section 1(4) of that Act (registration) applied to it; and

(b)immediately before 11th April 1988 his appropriate amount fell to be determined, by virtue of regulation 3 of the Supplementary Benefit (Requirements and Resources) Amendment Regulations 1987 F131 (transitional provisions), in accordance with paragraph 1 of Schedule 1A to the Supplementary Benefit Requirements Regulations 1983 F132 (maximum amounts for residential care homes) or would have been so determined but for his temporary absence from the home,

his weekly applicable amount shall be calculated in accordance with Part I of Schedule 4 (applicable amounts of persons in residential care homes or nursing homes) as if the home was a residential care home within the meaning of this regulation if, and for so long as, the claimant remains resident in the same home apart from any temporary absence, and the home continues to provide accommodation with board and personal care for the claimant by reason of his old age, disablement, past or present dependence on alcohol or drugs or past or present mental disorder.

(3) In this regulation and Schedule 4—

“nursing home” means—

(a)

premises which are a nursing home or mental nursing home within the meaning of the Registered Homes Act 1984 F133 and which are either registered under Part II of that Act or exempt from registration under section 37 thereof (power to exempt Christian Science Homes); or

(b)

any premises used or intended to be used for the reception of such persons or the provision of such nursing or services as is mentioned in any paragraph of subsection (1) of section 21 or section 22 (1) of the Registered Homes Act 1984 (meaning of nursing home or mental nursing home) or, in Scotland, as are mentioned in section 10 (2) of the Nursing Homes Registration (Scotland) Act 1938 F134 (interpretation) and which are maintained or controlled by a body instituted by special Act of Parliament or incorporated by Royal Charter;

(c)

in Scotland,

(i)

premises which are a nursing home within the meaning of section 10 of the Nursing Homes Registration (Scotland) Act 1938 which are either registered under that Act or exempt from registration under section 6 or 7 thereof (general power to exempt homes and power to exempt Christian Science Homes); or

(ii)

premises which are a private hospital within the meaning of section 12 of the Mental Health (Scotland) Act 1984 F135 (private hospitals), and which are registered under that Act;

“residential care home” means an establishment—

(a)

[F136which is required to be registered under Part I of the Registered Homes Act 1984 and is so registered; or]

(b)

[F136 in England or Wales,] which provides residential accommodation with both board and personal care F137... for fewer than four persons, excluding persons carrying on or intending to carry on the home or employed or intended to be employed there and their relatives, but only if—

(i)

at least two employed or self-employed persons (referred to in this paragraph as responsible persons) are each engaged in providing personal care to residents of the establishment for a minimum of 35 hours a week and those persons are not engaged in any other remunerative work; and

(ii)

each of those responsible persons has at least one year's relevant experience in caring for persons in need of the category of personal care for which the establishment provides such care; and

(iii)

at least one responsible person is available throughout the day to care for residents of the establishment; and

(iv)

at least one responsible person is on call throughout the night to care for residents of the establishment; and

(v)

all residents have free access to the premises at all times; or

(c)

run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society; or

(d)

[F138which provides residential accommodation with both board and personal care and is] managed or provided by a body incorporated by Royal Charter or constituted by Act of Parliament other than a local social services authority; or

(e)

in Scotland, which is a home registered under section 61 of the Social Work (Scotland) Act 1968 F139 or is an establishment provided by a housing association registered with the Housing Corporation established by the Housing Act 1964 F140 which provides care equivalent to that given in residential accommodation provided under Part IV of the Social Work (Scotland) Act 1968;

[F141and in paragraphs (b) and (d) of this definition “personal care” means personal care for persons in need of personal care by reason of [F142old] age, disablement, past or present dependence on alcohol or drugs, or past or present mental disorder.]

“temporary absence” means—

(a)

[F143in paragraph (2) or] in the case of a person who is over pensionable age, 52 weeks;

(b)

in any other case, 13 weeks.

(4) In Schedule 4 the expressions “old age”, “mental disorder”, “mental handicap”, “drug or alcohol dependence” and “disablement” have the same meanings as those expressions have for the purposes of the Registered Homes Act 1984 and Regulations made thereunder.

[F144(5) Notwithstanding the foregoing paragraphs of this regulation, where–

(a)a person has been registered under the Registered Homes Act 1984 in respect of premises which have been carried on as a residential care home or, as the case may be, a nursing home, and that person has ceased to carry on such a home; and

(b)an application for registration under that Act has been made by another person and that application has not been determined or abandoned,

the applicable amount of a person resident in those premises shall be determined under Schedule 4 as if the most recent registration under the Registered Homes Act 1984 in respect of those premises continued until the day on which the application is determined or abandoned.]

Textual Amendments

F129Reg. 19(1)(1A) substituted for reg. 19(1) (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 9(a)

F132S.I. 1983/1399; the relevant amending instruments are S.I. 1985/1835 and 1986/1292.

F1341938 c. 73, section 10 was amended by section 15 of the Mental Health (Scotland) Act 1960 (c. 61), and that amendment is preserved notwithstanding the repeal of that 1960 Act by section 126(1)(a) of the Mental Health (Scotland) Act 1984 (c. 36). Section 10 was also amended by Schedule 7 of the National Health Service (Scotland) Act 1972 (c. 58), Schedules 7 and 8 of the Nurses, Midwives and Health Visitors Act 1979 (c. 36) and by Schedule 7 of the Health Services Act 1980 (c. 53) and subsection (2) of that section 10 was added by section 26 of, and paragraph 14 of Schedule 4 to the Health Services Act 1980 (c. 53).

Commencement Information

I19Reg. 19 in force at 11.4.1988, see reg. 1

Applicable amounts for persons in board and lodging accommodation and hostelsE+W+S

F14520.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F145Reg. 20 omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 4

Commencement Information

I20Reg. 20 in force at 11.4.1988, see reg. 1

Special casesE+W+S

21.—(1) Subject to regulation 22 (reductions in applicable amounts) in the case of a person to whom any paragraph in column (1) of Schedule 7 applies (applicable amounts in special cases), the amount included in the claimant's weekly amount in respect of him shall be the amount prescribed in the corresponding paragraph in column (2) of that Schedule; but no amount shall be included in respect of a child or young person if the capital of that child or young person calculated in accordance with Part V in like manner as for the claimant, except where otherwise provided, would exceed £3,000.

(2) In Schedule 7, for the purposes of paragraph 1, 2, 3 or 18 (patients), where a person has been a patient for two or more distinct periods separated by one or more intervals each not exceeding 28 days, he shall be treated as having been a patient continuously for a period equal in duration to the total of those distinct periods.

(3) In Schedule 7—

“person from abroad” means a person, who—

(a)

has a limited leave as defined in section 33(1) of the Immigration Act 1971 F146 (hereinafter referred to as “the 1971 Act”) to enter or remain in the United Kingdom which was given in accordance with any provision of the immigration rules (as defined in that section) which refers to there being, or to there needing to be, no recourse to public funds or to there being no charge on public funds during that limited leave; but this sub-paragraph shall not apply to a person who is a national of a Member State, a state which is a signatory to the European Convention on Social and Medical Assistance (done in Paris on 11th December 1953) F147, the Channel Islands or the Isle of Man [F148unless, in the case of a national of a state which is a signatory of that European Convention, he has made an application for the conditions of his leave to remain in the United Kingdom to be varied, and that application has not been determined or an appeal from that application is pending under Part II of the 1971 Act (appeals);] or

(b)

having a limited leave (as defined in section 33(1) of the 1971 Act) to enter or remain in the United Kingdom, has remained without further leave under that Act beyond the time limited by the leave; or

(c)

is the subject of a deportation order being an order under section 5(1) of the 1971 Act (deportation) requiring him to leave and prohibiting him from entering the United Kingdom; or

(d)

is adjudged by the immigration authorities to be an illegal entrant (as defined in section 33(1) of the 1971 Act) who has not subsequently been given leave under that Act to enter or remain in the United Kingdom; or

(e)

has been allowed temporary admission to the United Kingdom by virtue of paragraph 21 of Schedule 2 to the 1971 Act; or

(f)

has been allowed temporary admission to the United Kingdom by the Secretary of State outside any provision of the 1971 Act; or

(g)

has not had his immigration status determined by the Secretary of State;

“patient” means a person (other than a prisoner) who is regarded as receiving free in-patient treatment within the meaning of the Social Security (Hospital In-Patients) Regulations 1975 F149.

“prisoner” means a person who is detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court other than a person whose detention is under the provisions of the Mental Heath Act 1983 F150 or Mental Health (Scotland) Act 1984;

“residential accommodation” means, subject to paragraph (4), accommodation for a person whose stay in the accommodation has become other than temporary which is accommodation provided under—

(a)

sections 21 to 24 and 26 of the National Assistance Act 1948 F151 (provision of accommodation); or

(b)

in Scotland, for the purposes of section 27 of the National Health Service (Scotland) Act 1947 F152 (prevention of illness and after-care) or under section 59 of the Social Work (Scotland) Act 1968 F153 (provision of residential and other establishments) other than in premises which are registered under section 61 of that Act (registration) and which are used for the rehabilitation of alcoholics or drug addicts; or

(c)

under section 7 of the Mental Health (Scotland) Act 1984 (functions of local authorities); or

(d)

under section 21 of, and paragraph 1 or 2 of Schedule 8 to, the National Health Service Act 1977 F154 (care of mothers and young children, prevention, care and aftercare) by a local social services authority other than—

(i)

such accommodation [F155where no board is] available to the person; or

(ii)

accommodation provided under the said section 21 and paragraph 2 which is registered under the provisions of Part I of the Registered Homes Act 1984 where the premises are used for the rehabilitation of alcoholics or drug users; or

(iii)

F156...

(4) A person who would, but for this paragraph, be in residential accommodation within the meaning of paragraph (3) shall not be treated as being in residential accommodation if he is a person—

(a)who is under the age of 18 and in the care of a local authority under Part II or III of the Social Work (Scotland) Act 1968 (promotion of social welfare of children in need of care), or

(b)who is staying in a residential care home as defined in regulation 19(3) (applicable amounts for persons in residential care and nursing homes) under the provisions referred to in sub-paragraph (b) to (d) of paragraph (3) where—

(i)the weekly cost of such accommodation exceeds the maximum amount provided for under regulation 19 and paragraphs 6, 8, 9, 10 and 11 of Schedule 4 (applicable amounts of persons in residential care and nursing homes) in respect of such accommodation; and

(ii)the local authority accepts responsibility for the making of arrangements for the provision of such accommodation for that person in the light of that person being entitled to such maximum amount as a person in a residential care home under and by virtue of that regulation, provided that in the case of a person over pensionable age the local authority had accepted such responsibility for a period of not less than 2 years immediately before that person attained pensionable age.

(5) A claimant to whom paragraph 19 of Schedule 7 (disability premium) applies shall be entitled to income support for the period in respect of which that paragraph applies to him notwithstanding that his partner was also entitled to income support for that same period.

Textual Amendments

F147Cmnd 9512.

F148Words in reg. 21(3) inserted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 8

F149S.I. 1975/555, the relevant amending instruments are 1977/1693 and 1987/1683.

F1511948 c. 29; section 21 was amended by the Local Government Act 1972 (c. 70), Schedule 23, paragraphs 1 and 2 and Schedule 30; the National Health Service Reorganisation Act 1973 (c. 32), Schedule 4, paragraph 44 and Schedule 5; the Housing (Homeless Persons) Act 1977 (c. 48), Schedule; the National Health Service Act 1977 (c. 49), Schedule 15, paragraph 5; the Health Services Act 1980 (c. 53), Schedule 1, Part I, paragraph 5. Section 22 was amended by the Social Work (Scotland) Act 1968 (c. 49), section 87(4) and Schedule 9, Part I; the Supplementary Benefits Act 1976 (c. 71), Schedule 7, paragraph 3; the Housing (Homeless Persons) Act 1977 (c. 48), Schedule; the Social Security Act 1980 (c. 30), section 20, Schedule 4, paragraph 2(1) and Schedule 5, Part II and the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), section 20(1)(a). Section 24 was amended by the National Assistance (Amendment) Act 1959 (c. 30), section 1(1); the National Health Service (Scotland) Act 1972 (c. 58), Schedule 6, paragraph 82; the Local Government Act 1972 (c. 70), Schedule 23, paragraph 2; the National Health Service Reorganisation Act 1972 (c. 32), Schedule 4, paragraph 45 and the Housing (Homeless Persons) Act 1977 (c. 48), Schedule. Section 26 was amended by the Health Services and Public Health Act 1968 (c. 46), section 44 and Schedule 4 and the Social Work (Scotland) Act 1968 (c. 49) Schedule 9, Part I and applied by section 87(3); the Local Government Act 1972 (c. 70), Schedule 23, paragraph 2; the Housing (Homeless Persons) Act 1977 (c. 48), Schedule and the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), section 20(1)(b).

F1521947 c. 27, as applied by section 1(4)(c) of the Social Work (Scotland) Act 1968 (c. 49), section 27 for the purposes of section 1(4)(c) of the 1968 Act is continued in force by paragraph 15 of Schedule 15 to the National Health Service (Scotland) Act 1978 (c. 29).

F1541977 c. 49, paragraph 1(2) and 2(5) of Schedule 8 were repealed by section 30 of, and Schedule 10 to, the Health and Social Services and Social Security Adjudications Act 1983, and paragraph 2(1) and (3) of Schedule 8 were amended by section 148 of, and Schedule 4 to, the Mental Health Act 1983 (c. 20).

F155Words in reg. 21(3)(d)(i) substituted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 5(i)

F156Reg. 21(3)(d)(iii) omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 5(ii)

Modifications etc. (not altering text)

C4Reg. 21(1) sum confirmed (coming into force in accordance with art. 1(2)(e) of the amending S.I.) by The Social Security Benefits Up-rating Order 1990 (S.I. 1990/320), arts. 1(2)(e), 14(2)

Commencement Information

I21Reg. 21 in force at 11.4.1988, see reg. 1

Reductions in applicable amounts in certain cases of actual or notional unemployment benefit disqualificationE+W+S

22.—(1) The weekly applicable amount of a claimant to whom paragraph (4) or (5) applies shall, subject to paragraph (2), be reduced by a sum equal to 40 per cent of the following amount (hereinafter referred to as the “relevant amount”)—

(a)in the case of a person to whom regulation 17 or 18 or paragraph 4 to 6, 9 to 12, 16, 17(c)(i) or (d)(i) of Schedule 7 applies—

(i)where he is a single claimant aged less than 18 or a member of a couple or a polygamous marriage where all the members, in either case, are less than 18, the amount specified in [F157paragraph 1(1)(a), (b) or (c), as the case may be,] of Schedule 2 (applicable amounts);

(ii)where he is a single claimant aged not less than 18 but less than 25 [F158or a member of a couple or polygamous marriage where one member is aged not less than 18 but less than 25 and the other member, or in the case of a polygamous marriage each other member, is a person under 18 who is not eligible for income support under regulation 13A (persons under 18 years), or is not the subject of a direction under section 20(4A) (severe hardship direction)], the amount specified in [F159paragraph 1(1)(d)] of that Schedule;

(iii)where he is a single claimant aged not less than 25 or a member of a couple or a polygamous marriage [F160(other than a member of a couple or polygamous marriage to whom head (ii) of this sub-paragraph applies)] at least one of whom is aged not less than 18, the amount specified in [F161paragraph 1(1)(e)] of that Schedule;

(b)in the case of a person to whom [F162regulation 19 (applicable amounts for persons in residential care and nursing homes) applies, the amount allowed for personal expenses for him specified in paragraph 13 of Schedule 4.]

(2) Where—

(a)the claimant's capital calculated in accordance with Part V (including any capital treated as his) does not exceed £200; and

(b)he or any member of his family is either pregnant or seriously ill,

his weekly applicable amount shall be reduced by a sum equal to 20 per cent of the relevant amount in his case.

(3) A reduction under paragraph (1) or (2) shall, if it is not a multiple of 5p, be rounded to the nearest such multiple or, if it is a multiple of 2.5p but not of 5p, to the next lower multiple of 5p.

(4) This paragraph applies to a claimant—

(a)whose weekly applicable amount is calculated otherwise than in accordance with regulation 21 and paragraph 1 to 3, 8(b), 13, 16 and 18 of Schedule 7; and

(b)whose right to income support is, under section 20(3)(d)(i) of the Act (conditions of entitlement to income support), subject to the condition of availability for employment; and

(c)who—

(i)is disqualified for receiving unemployment benefit under section 20(1) of the Social Security Act F163 (disqualifications etc); or

(ii)has made a claim for unemployment benefit which has not been determined by an adjudication officer and in respect of which, in the opinion of an adjudication officer, a question as to disqualification under that sectionarises; or

(iii)has not made a claim for unemployment benefit or has had such a claim disallowed other than by reason of section 20(1) and, in either case, would be so disqualified if he were to make such a claim or it had not been so disallowed.

(5) This paragraph applies to a claimant who is not required to be available for employment by virtue of regulation 8(2) [F164or 8(3)] (persons not required to be available for employment) [F165or a claimant who is not required to be actively seeking employment by virtue of regulation 10A(2) (actively seeking employment)] or a person to whom regulation 11(2) applies (exemption from requirement to register for employment).

(6) This regulation shall apply—

(a)in a case to which head (i) of paragraph (4)(c) applies, for the period of the disqualification;

(b)in a case to which head (ii) of paragraph (4)(c) applies, for a period of [F16613] [F16626] weeks except that where, on subsequent determination of the claim for unemployment benefit—

(i)disqualification is not imposed, any reduction imposed under paragraph (1) or (2), as the case may be, shall be withdrawn,

(ii)disqualification is imposed but for a period of less than [F16613 ] [F16626] weeks, the period of such reduction shall be adjusted to correspond with the period of disqualification;

(c)in a case to which head (iii) of paragraph (4)(c) applies, for the period for which the claimant would be disqualified if he were to make a claim for unemployment benefit or if such a claim had not been disallowed for other reasons.

(d)in a case to which paragraph (5) applies, for so long as that paragraph continues so to apply.

Textual Amendments

F158Words in reg. 22(1)(a)(ii) inserted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 9(a)

F160Words in reg. 22(1)(a)(iii) inserted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 9(b)

F162Words in reg. 22(1)(b) substituted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 6

F1631975 c. 14; subsection (1) was amended and subsection (1A) was added by the Social Security Act 1986 (c. 5),section 43.

Commencement Information

I22Reg. 22 in force at 11.4.1988, see reg. 1

PART V E+W+SINCOME AND CAPITAL

CHAPTER IE+W+Sgeneral

Calculation of income and capital of members of claimant's family and of a polygamous marriageE+W+S

23.—(1) [F167Subject to paragraphs (2) and (4) and to regulation 44 (modifications in respect of children and young persons), the income and capital of a claimant’s partner and] the income of a child or young person which by virtue of section 22(5) of the Act is to be treated as income and capital of the claimant, shall be calculated in accordance with the following provisions of this Part in like manner as for the claimant; and any reference to the “claimant” shall, except where the context otherwise requires, be construed, for the purposes of this Part, as if it were a reference to his partner or that child or young person.

(2) Regulations 36(2) and 38(2), so far as they relate to paragraphs 1 to 10 of Schedule 8 (earnings to be disregarded) and regulation 41(1) (capital treated as income) shall not apply to a child or young person.

(3) [F168Subject to paragraph (5)] where a claimant or the partner of a claimant is married polygamously to two or more members of his household—

(a)the claimant shall be treated as possessing capital and income belonging to each such member and the income of any child or young person who is one of that member's family; and

(b)the income and capital of that member or, as the case may be, the income of that child or young person shall be calculated in accordance with the following provisions of this Part in like manner as for the claimant or, as the case may be, as for any child or young person who is a member of his family.

[F169(4) Where at least one member of a couple is aged less than 18 and the applicable amount of the couple falls to be determined under paragraph 1(3)(b), (e) or (f) of Schedule 2 (applicable amounts), the income of the claimant’s partner shall not be treated as the income of the claimant to the extent that–

(a)in the case of a couple where both members are aged less than 18, the amount specified in paragraph 1(3)(a) of that Schedule exceeds the amount specified in paragraph 1(3)(b) of that Schedule; and

(b)in the case of a couple where only one member is aged less than 18, the amount specified in paragraph 1(3)(d) of that Schedule exceeds the amount which applies in that case which is specified in paragraph 1(3)(e) or (f) of that Schedule.]

[F169(5) Where a member of a polygamous marriage is a partner aged less than 18 and the amount which applies in respect of him under regulation 18(2) (polygamous marriages) is nil, the claimant shall not be treated as possessing the income of that partner to the extent that an amount in respect of him would have been included in the applicable amount if he had fallen within the circumstances set out in regulation 18(2)(a) or (b).]

Textual Amendments

Commencement Information

I23Reg. 23 in force at 11.4.1988, see reg. 1

Treatment of charitable or voluntary paymentsE+W+S

F17024.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I24Reg. 24 in force at 11.4.1988, see reg. 1

Liable relative paymentsE+W+S

25.  Regulations 29 to 44, 46 to 52 and Chapter VIII of this Part shall not apply to any payment which is to be calculated in accordance with Chapter VII thereof (liable relatives).

Commencement Information

I25Reg. 25 in force at 11.4.1988, see reg. 1

Calculation of income and capital of studentsE+W+S

26.  The provisions of Chapters II to VI of this Part (income and capital) shall have effect in relation to students and their partners subject to the modifications set out in Chapter VIII thereof (students).

Commencement Information

I26Reg. 26 in force at 11.4.1988, see reg. 1

[F171Rounding of fractionsE+W+S

27.  Where any calculation under this Part results in a fraction of a penny that fraction shall, if it would be to the claimant’s advantage, be treated as a penny, otherwise it shall be disregarded.]

Textual Amendments

Commencement Information

I27Reg. 27 in force at 11.4.1988, see reg. 1

CHAPTER IIE+W+Sincome

Calculation of incomeE+W+S

28.—(1) For the purposes of section 20(3) of the Act (conditions of entitlement to income support) the income of a claimant shall be calculated on a weekly basis—

(a)by determining in accordance with this Part, other than Chapter VI, the weekly amount of his income; and

(b)by adding to that amount the weekly income calculated under regulation 53 (calculation of tariff income from capital).

(2) For the purposes of paragraph (1) “income” includes income derived under [F172regulations 41 and 42 (capital treated as income and notional income).]

Textual Amendments

Commencement Information

I28Reg. 28 in force at 11.4.1988, see reg. 1

Calculation of earnings derived from employed earner's employment and income other than earningsE+W+S

29.—(1) F173... Earnings derived from employment as an employed earner and income which does not consist of earnings shall be taken into account over a period determined in accordance with the following paragraphs and at a weekly amount determined in accordance with regulation 32 (calculation of weekly amount of income).

(2) Subject to [F174paragraphs (3) [F175and (4A) to (4D)]], the period over which a payment is to be taken into account shall be—

(a)in a case where it is payable in respect of a period, a period equal to the length of that period;

(b)in any other case, a period equal to such number of weeks as is equal to the number obtained (and any fraction shall be treated as a corresponding fraction of a week) by dividing the net earnings, or in the case of income which does not consist of earnings, the amount of that income [F176less any amount paid by way of tax on that income which is disregarded under paragraph 1 of Schedule 9 (income other than earnings to be disregarded)] by the amount of income support which would be payable had the payment not been made plus an amount equal to the total of the sums which would fall to be disregarded from that payment under Schedule 8 [F177(earnings to be disregarded) or, as the case maybe, any paragraph of Schedule 9 other than paragraph 1 of that Schedule,] as is appropriate in the claimant's case,

and that period shall begin on the date on which the payment is treated as paid under regulation 31 (date on which income is treated as paid).

(3) Where earnings not of the same kind are derived from the same source and the periods in respect of which those earnings would, but for this paragraph, fall to be taken into account—

(a)overlap, wholly or partly, those earnings shall be taken into account over a period equal to the aggregate length of those periods;

(b)and that period shall begin with the earliest date on which any part of those earnings would otherwise be treated as paid under regulation 31 (date on which income is treated as paid).

[F178(4) In a case to which paragraph (3) applies, earnings under regulation 35 (earnings of employed earners) shall be taken into account in the following order of priority—

(a)earnings normally derived from the employment;

(b)any payment to which paragraph (1)(b) or (c) of that regulation applies;

(c)any payment to which paragraph (1)(i) of that regulation applies;

(d)any payment to which paragraph (1)(d) of that regulation applies.]

[F179(4A) Where earnings to which regulation 35(1)(b) to (d) (earnings of employed earners) applies are paid in respect of part of a day, those earnings shall be taken into account over a period equal to a day.]

[F180(4B) Where earnings to which regulation 35(1)(i)(i) applies (earnings of employed earners) are paid in respect of or on the termination of any employment which is not part-time employment, the period over which they are to be taken into account shall be—

(a)a period equal to such number of weeks as is equal to the number (less any fraction of a whole number) obtained by dividing the net earnings by the maximum weekly amount which, on the date on which the payment of earnings is made, is specified in paragraph 8(1)(c) of Schedule 14 to the Employment Protection (Consolidation) Act 1978; or

(b)a period equal to the length of the specified period, whichever is the shorter, and that period shall begin on the date on which the payment is treated as paid under regulation 31 (date on which income is treated as paid).]

[F180(4C) Any earnings to which regulation 35(1)(i)(ii) applies which are paid in respect of or on the termination of part-time employment, shall be taken into account over a period equal to one week.]

[F180(4D) In this regulation—

(a)“part-time employment” means employment in which a person is not to be treated as engaged in remunerative work under regulation 5 or 6 (persons treated, or not treated, as engaged in remunerative work);

(b)“specified period” means a period equal to—

(i)the period of notice which is applicable to a person, or would have been applicable if it had not been waived; less

(ii)any part of that period during which the person has continued to work in the employment in question or in respect of which he has received a payment to which regulation 35(1)(c) applies, and for the purposes of this definition “period of notice” means the periodof notice of termination of employment to which a person is entitled by statute or by contract, whichever is the longer, or, if he is not entitled to such notice, the period of notice which is customary in the employment in question.]

(5) For the purposes of this regulation the claimant's earnings and income which does not consist of earnings shall be calculated in accordance with Chapters III and V respectively of this Part.

Textual Amendments

F176Words in reg. 29(2)(b) inserted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 10(a)

F177Words in reg. 29(2)(b) substituted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 10(b)

Commencement Information

I29Reg. 29 in force at 11.4.1988, see reg. 1

Calculation of earnings of self-employed earnersE+W+S

30.—(1) Except where paragraph (2) applies, where a claimant's income consists of earnings from employment as a self-employed earner the weekly amount of his earnings shall be determined by reference to his average weekly earnings from that employment—

(a)over a period of 52 weeks; or

(b)where the claimant has recently become engaged in that employment or there has been a change which is likely to affect the normal pattern of business, over such other period of weeks as may, in any particular case, enable the weekly amount of his earnings to be determined more accurately.

(2) Where the claimant's earnings consist of royalties or sums paid periodically for or in respect of any copyright those earnings shall be taken into account over a period equal to such number of weeks as is equal to the number obtained (and any fraction shall be treated as a corresponding fraction of a week) by dividing the earnings by the amount of income support which would be payable had the payment not been made plus an amount equal to the total of the sums which would fall to be disregarded from the payment under Schedule 8 (earnings to be disregarded) as is appropriate in the claimant's case.

(3) For the purposes of this regulation the claimant's earnings shall be calculated in accordance with Chapter IV of this Part.

Commencement Information

I30Reg. 30 in force at 11.4.1988, see reg. 1

Date on which income is treated as paidE+W+S

31.—(1) Except where paragraph (2) applies, a payment of income to which regulation 29 (calculation of earnings derived from employed earner's employment and income other than earnings) applies shall be treated as paid—

(a)in the case of a payment which is due to be paid before the first benefit week pursuant to the claim, on the date on which it is due to be paid;

(b)in any other case, on the first day of the benefit week in which it is due to be paid or the first succeeding benefit week in which it is practicable to take it into account.

(2) Income support, unemployment benefit, [F181maternity allowance,] sickness or invalidity benefit, or severe disablement allowance under the Social Security Act F182 shall be treated as paid on the day of the benefit week in respect of which [F183it is payable].

Textual Amendments

F182See sections 12(1)(a) to (c), 14 to 16 and 36 of the Social Security Act 1975 (c. 14); section 12(1)(a) and (b) was amended by the Social Security (No. 2) Act 1980 (c. 39), section 7(6) and the Health and Social Security Act 1984 (c. 48), Schedule 5, paragraph 2; section 14 was amended by the Social Security Pensions Act 1975 (c. 60), section 18(1) and 65, Schedule 4, paragraph 39, the Social Security Act 1979 (c. 18) section 21(4), Schedule 3, paragraph 6, the Social Security and Housing Benefits Act 1982 (c. 24) sections 39(3) and 48, Schedule 4, paragraph 9; the Social Security (No. 2) Act 1980 (c. 39) section 7 and the Schedule and the Social Security Act 1986 (c. 50) section 86 Schedule 10 paragraph 83; section 15 was amended by the Social Security Pensions Act 1975 section 65, Schedule 4, paragraph 40, the Social Security Act 1979 section 21, Schedule 1, paragraph 1, Schedule 3, paragraph 7, the Social Security and Housing Benefits Act 1982 section 48, Schedule 4 paragraph 10; and the Social Security Act 1986 (c. 50) section 86 Schedule 10 Part V paragraph 83; section 15A was inserted by section 18(3) of the Social Security Act 1985 (c. 53); section 16 was amended by the Social Security Act 1979, Schedule 1, paragraph 10 and the Social Security Act 1985 section 9(1) and modified for certain purposes by the Social Security Act 1986 (c. 50) section 4; section 36 was substituted by the Health and Social Security Act 1984, section 11 and subsection 4A was added by the Social Security Act 1985 Schedule 4, paragraph 3.

Commencement Information

I31Reg. 31 in force at 11.4.1988, see reg. 1

Calculation of weekly amount of incomeE+W+S

32.—(1) For the purposes of regulation 29 (calculation of earnings derived from employed earner's employment and income other than earnings), subject to [F184paragraphs (2) to (7)] F185..., where the period in respect of which a payment is made—

(a)does not exceed a week, the weekly amount shall be the amount of that payment;

(b)exceeds a week, the weekly amount shall be determined—

(i)in a case where that period is a month, by multiplying the amount of the payment by 12 and dividing the product by 52;

(ii)in a case where that period is three months, by multiplying the amount of the payment by 4 and dividing the product by 52;

(iii)in a case where that period is a year by dividing the amount of the payment by 52;

(iv)in any other case by multiplying the amount of the payment by 7 and dividing the product by the number equal to the number of days in the period in respect of which it is made.

(2) Where a payment for a period not exceeding a week is treated under regulation 31(1)(a) (date on which income is treated as paid) as paid before the first benefit week and a part is to be taken into account for some days only in that week (the relevant days), the amount to be taken into account for the relevant days shall be calculated by multiplying the amount of the payment by the number equal to the number of relevant days and dividing the product by the number of days in the period in respect of which it is made.

(3) Where a payment is in respect of a period equal to or in excess of a week and a part thereof is to be taken into account for some days only in a benefit week (the relevant days), the amount to be taken into account for the relevant days shall, except where paragraph (4) applies, be calculated by multiplying the amount of the payment by the number equal to the number of relevant days and dividing the product by the number of days in the period in respect of which it is made.

(4) In the case of a payment of—

(a)unemployment benefit, [F186maternity allowance,] sickness or invalidity benefit, or severe disablement allowance under the Social Security Act, the amount to be taken into account for the relevant days shall be the amount of benefit [F187payable] in respect of those days;

(b)income support, the amount to be taken into account for the relevant days shall be calculated by multiplying the weekly amount of the benefit by the number of relevant days and dividing the product by seven.

(5) Except in the case of a payment which it has not been practicable to treat under regulation 31(1)(b) as paid on the first day of the benefit week in which it is due to be paid, where a payment of income from a particular source is or has been paid regularly and that payment falls to be taken into account in the same benefit week as a payment of the same kind and from the same source, the amount of that income to be taken into account in any one benefit week shall not exceed the weekly amount determined under paragraph (1)(a) or (b), as the case may be, of the payment which under regulation 31(1)(b) (date on which income is treated as paid) is treated as paid first.

(6) Where the amount of the claimant's income fluctuates and has changed more than once, or a claimant's regular pattern of work is such that he does not work every week, the foregoing paragraphs may be modified so that the weekly amount of his income is determined by reference to his average weekly income—

(a)if there is a recognisable cycle of work, over the period of one complete cycle (including, where the cycle involves periods in which the claimant does no work, those periods but disregarding any other absences);

(b)in any other case, over a period of five weeks or such other period as may, in the particular case, enable the claimant's average weekly income to be determined more accurately.

[F188(7) Where any payment of earnings is taken into account under paragraph (4C) of regulation 29 (calculation of earnings derived from employed earner’s employment and income other than earnings), over the period specified in that paragraph, the amount to be taken into account shall be equal to the amount of the payment.]

Textual Amendments

Commencement Information

I32Reg. 32 in force at 11.4.1988, see reg. 1

Weekly amount of charitable or voluntary paymentE+W+S

F18933.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I33Reg. 33 in force at 11.4.1988, see reg. 1

Incomplete weeks of benefitE+W+S

F19034.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I34Reg. 34 in force at 11.4.1988, see reg. 1

CHAPTER IIIE+W+Semployed earners

Earnings of employed earnersE+W+S

35.—(1) [F191Subject to paragraphs (2) and (3),] “earnings” means in the case of employment as an employed earner, any remuneration or profit derived from that employment and includes—

(a)any bonus or commission;

(b)any payment in lieu of remuneration except any periodic sum paid to a claimant on account of the termination of his employment by reason of redundancy;

(c)any payment in lieu of notice F192...;

(d)any holiday pay except any payable more than four weeks after the termination or interruption of employment but this exception shall not apply to a claimant to whom [F193section 23 of the Act (trade disputes) applies or in respect of whom section 20(3) of the Act (conditions of entitlement to income support) has effect as modified by section 23A(b) of the Act (effect of return to work).]

(e)any payment by way of a retainer;

(f)any payment made by the claimant's employer in respect of expenses not wholly, exclusively and necessarily incurred in the performance of the duties of the employment, including any payment made by the claimant's employer in respect of—

(i)travelling expenses incurred by the claimant between his home and place of employment;

(ii)expenses incurred by the claimant under arrangements made for the care of a member of his family owing to the claimant's absence from home;

(g)any award of compensation made under section 68(2) or 71(2)(a) of the Employment Protection (Consolidation) Act 1978 F194 (remedies for unfair dismissal and compensation);

(h)any such sum as is referred to in section 18(2) of the Social Security (Miscellaneous Provisions) Act 1977 F195 (certain sums to be earnings for social security purposes).

[F196(i)where—

(i)a payment of compensation is made in respect of employment which is not part-time employment and that payment is not less than the maximum weekly amount, the amount of the compensation less the deductible remainder, where that is applicable;

(ii)a payment of compensation is made in respect of employment which is part-time employment, the amount of the compensation.]

[F197(1A) For the purposes of paragraph (1)(i)(i) the “deductible remainder”—

(a)applies in cases where dividing the amount of the compensation by the maximum weekly amount produces a whole number plus a fraction; and

(b)is equal to the difference between—

(i)the amount of the compensation; and

(ii)the product of the maximum weekly amount multiplied by the whole number.]

(2) “Earnings” shall not include—

(a)any payment in kind;

(b)any remuneration paid by or on behalf of an employer to the claimant who for the time being is unable to work due to illness or maternity;

(c)any payment in respect of expenses wholly, exclusively and necessarily incurred in the performance of the duties of the employment;

(d)any occupational pension.

[F198(3) In this regulation—

(a)“compensation” means any payment made in respect of or on the termination of employment in a case where a person has not received or received only part of a payment in lieu of notice due or which would have been due to him had he not waived his right to receive it, other than—

(i)any payment specified in paragraph (1)(a) to (h);

(ii)any payment specified in paragraph (2)(a) to (d);

(iii)any redundancy payment within the meaning of section 81(1) of the Employment Protection (Consolidation) Act 1978, and

(iv)any refund of contributions to which that person was entitled under an occupational pension scheme within the meaning of section 66(1) of the Social Security Pensions Act 1975;

[F199(v) any compensation payable by virtue of section 173 or section 178(3) or (4) of the Education Reform Act 1988 ]

(b)“maximum weekly amount” means the maximum weekly amount which, on the date on which the payment of compensation is made, is specified in paragraph 8(1)(c) of Schedule 14 to the Employment Protection (Consolidation) Act 1978;

(c)“part-time employment” means employment in which a person is not to be treated as engaged in remunerative work under regulation 5 or 6 (persons treated, or not treated, as engaged in remunerative work).]

Textual Amendments

F1941978 c. 44; section 68(2) was amended by the Employment Act 1982 (c. 46) section 21 Schedule 3 paragraph 21;section 71(2) was amended by the Employment Act 1982 (c. 46) sections 5 and 21 Schedule 3 paragraph 22 and Schedule 4.

F1951977 c. 5; section 18(2) was amended by section 159 Schedule 16 paragraph 29 of the Employment Protection (Consolidation) Act 1978 (c. 44) and by section 86(2) of, and Schedule 10 Part IV paragraph 75 and Schedule 11 to, the Social Security Act 1986 (c. 50).

Commencement Information

I35Reg. 35 in force at 11.4.1988, see reg. 1

Calculation of net earnings of employed earnersE+W+S

36.—(1) For the purposes of regulation 29 (calculation of earnings of employed earners) the earnings of a claimant derived from employment as an employed earner to be taken into account shall, subject to paragraph (2), be his net earnings.

(2) There shall be disregarded from a claimant's net earnings, any sum, where applicable, specified in paragraphs 1 to 13 of Schedule 8.

(3) For the purposes of paragraph (1) net earnings shall be calculated by taking into account the gross earnings of the claimant from that employment less—

(a)any amount deducted from those earnings by way of—

(i)income tax;

(ii)primary Class 1 contributions under the Social Security Act F200; and

(b)one-half of any sum paid by the claimant by way of a contribution towards an occupational or personal pension scheme.

Textual Amendments

Commencement Information

I36Reg. 36 in force at 11.4.1988, see reg. 1

CHAPTER IVE+W+Sself-employed earners

Earnings of self-employed earnersE+W+S

37.—(1) Subject to paragraph (2), “earnings”, in the case of employment as a self-employed earner, means the gross receipts of the employment and shall include any allowance paid under section 2 of the Employment and Training Act 1973 F201 to the claimant for the purpose of assisting him in carrying on his business.

(2) “Earnings” shall not include, where a claimant is employed in providing board and lodging accommodation for which a charge is payable, any payment by way of such a charge F202....

Textual Amendments

F2011973 c. 50; section 2 was amended by sections 9 and 11 and Schedule 2 Part II paragraph 9 and Schedule 3 of the Employment and Training Act 1981 (c. 57).

Commencement Information

I37Reg. 37 in force at 11.4.1988, see reg. 1

Calculation of net profit of self-employed earnersE+W+S

38.—(1) For the purposes of regulation 30 (calculation of earnings of self-employed earners), the earnings of a claimant to be taken into account shall be—

(a)in the case of a self-employed earner who is engaged in employment on his own account, the net profit derived from that employment;

(b)in the case of a self-employed earner whose employment is carried on in partnership or is that of a share fisherman within the meaning of the Social Security (Mariners' Benefits) Regulations 1975 F203, his share of the net profit derived from that employment less—

(i)an amount in respect of income tax and of social security contributions payable under the Social Security Act calculated in accordance with regulation 39 (deduction of tax and contributions for self-employed earners); and

(ii)one-half of any qualifying premium payable.

(2) There shall be disregarded from a claimant's net profit any sum, where applicable, specified in paragraphs 1 to 13 of Schedule 8.

(3) For the purposes of paragraph (1) (a) the net profit of the employment shall, except where paragraph (9) applies, be calculated by taking into account the earnings of the employment over the period determined under regulation 30 (calculation of earnings of self-employed earners) less—

(a)subject to paragraphs (5) to (7), any expenses wholly and exclusively defrayed in that period for the purposes of that employment;

(b)an amount in respect of—

(i)income tax; and

(ii)social security contributions payable under the Social Security Act,calculated in accordance with regulation 39 (deduction of tax and contributions for self-employed earners); and

(c)one-half of any qualifying premium payable.

(4) For the purposes of paragraph (1) (b), the net profit of the employment shall be calculated by taking into account the earnings of the employment over the period determined under regulation 30 less, subject to paragraphs (5) to (7), any expenses wholly and exclusively defrayed in that period for the purposes of that employment.

(5) Subject to paragraph (6), no deduction shall be made under paragraph (3) (a) or (4) in respect of—

(a)any capital expenditure;

(b)the depreciation of any capital asset;

(c)any sum employed or intended to be employed in the setting up or expansion of the employment;

(d)any loss incurred before the beginning of the period determined under regulation 30 (calculation of earnings of self-employed earners);

(e)the repayment of capital on any loan taken out for the purposes of the employment;

(f)any expenses incurred in providing business entertainment.

(6) A deduction shall be made under paragraph (3) (a) or (4) in respect of the repayment of capital on any loan used for—

(a)the replacement in the course of business of equipment or machinery; and

(b)the repair of an existing business asset except to the extent that any sum is payable under an insurance policy for its repair.

(7) An adjudication officer shall refuse to make a deduction in respect of any expenses under paragraph (3) (a) or (4) where he is not satisfied that the expense has been defrayed or, having regard to the nature of the expense and its amount, that it has been reasonably incurred.

(8) For the avoidance of doubt—

(a)a deduction shall not be made under paragraph (3) (a) or (4) in respect of any sum unless it has been expended for the purposes of the business;

(b)a deduction shall be made thereunder in respect of—

(i)the excess of any VAT paid over VAT received in the period determined under regulation 30 (calculation of earnings of self-employed earners);

(ii)any income expended in the repair of an existing asset except to the extent that any sum is payable under an insurance policy for its repair;

(iii)any payment of interest on a loan taken out for the purposes of the employment.

(9) Where a claimant is engaged in employment as a child minder the net profit of the employment shall be one-third of the earnings of that employment, less—

(a)an amount in respect of—

(i)income tax; and

(ii)social security contributions payable under the Social Security Act,calculated in accordance with regulation 39 (deduction of tax and contributions for self-employed earners); and

(b)one-half of any qualifying premium payable.

(10) Notwithstanding regulation 30 (calculation of earnings of self-employed earners) and the foregoing paragraphs, an adjudication officer may assess any item of a claimant's income or expenditure over a period other than that determined under regulation 30 as may, in the particular case, enable the weekly amount of that item of income or expenditure to be determined more accurately.

(11) For the avoidance of doubt where a claimant is engaged in employment as a self-employed earner and he is also engaged in one or more other employments as a self-employed or employed earner any loss incurred in any one of his employments shall not be offset against his earnings in any other of his employments.

(12) In this regulation “qualifying premium” means any premium or other consideration payable under an annuity contract for the time being approved by the Board of Inland Revenue as having for its main object the provision for the claimant of a life annuity in old age or the provision of an annuity for his partner or for any one or more of his dependants and in respect of which relief from income tax may be given.

Textual Amendments

Commencement Information

I38Reg. 38 in force at 11.4.1988, see reg. 1

Deduction of tax and contributions for self-employed earnersE+W+S

39.—(1) The amount to be deducted in respect of income tax under regulation 38 (1) (b) (i), (3) (b) (i) or (9) (a) (i) (calculation of net profit of self-employed earners) shall be calculated on the basis of the amount of chargeable income and as if that income were assessable to income tax at the basic rate of tax less only the personal relief to which the claimant is entitled under sections 8 (1) and (2) and 14 (1) (a) and (2) of the Income and Corporation Taxes Act 1970 (personal relief) F204 as is appropriate to his circumstances; but, if the period determined under regulation 30 (calculation of earnings of self-employed earners) is less than a year, the amount of the personal relief deductible under this paragraph shall be calculated on a pro rata basis.

(2) The amount to be deducted in respect of social security contributions under regulation 38(1)(b)(i), (3)(b)(ii) or (9)(a)(ii) shall be the total of—

(a)the amount of Class 2 contributions payable under section 7 (1) or, as the case may be, (4) of the Social Security Act F205 except where the claimant's chargeable income is less than the amount for the time being specified in section 7 (5) of that Act F206 (small earnings exception); and

(b)the amount of Class 4 contributions (if any) which would be payable under section 9 of that Act F207 (contributions recoverable under Taxes Acts) in respect of profits or gains equal to the amount of that income.

(3) In this regulation “chargeable income” means—

(a)except where sub-paragraph (b) applies, the earnings derived from the employment less any expenses deducted under paragraph (3) (a) or, as the case may be, (4) of regulation 38;

(b)in the case of employment as a child minder, one-third of the earnings of that employment.

Textual Amendments

F2041970 c. 10; section 8 (1) was amended by the Finance Act 1971 (c. 68) section 37 Schedule 6 paragraphs 1 and 5, and the Finance Act 1985 (c. 54) section 36, subsection (1A) was added by the Finance (No.2) Act 1975 (c. 45) section 31 and amended by the Finance Act 1977 (c. 36) section 22. Subsection (1B) was added by the Finance (No.2) Act 1975 section 31. Section 8 (2) was amended by the Finance Act 1971 section 37 Schedule 6 paragraphs 1 and 5 and article 2 of S.I. 1985/430; sub-paragraph (b) was substituted by the Finance (No.2) Act 1979 (c. 47) section 12 Schedule 2 paragraph 1; sub-paragraph (b) (i) and (ii) were amended by the Finance Act 1981 (c. 35) section 139 Schedule 19 Part VI and the Finance Act 1982 (c. 39) section 157 Schedule 22 Part IV; sub-paragraph (b) (iii) was added by the Finance Act 1981 (c. 35) section 27 and sub-paragraph (b) (iv) by the Finance Act 1987 (c. 16) section 27. Section 14 (1) was amended by the Finance Act 1970 (c. 24) section 14 Schedule 8 Part VI; section 14 (2) was amended by the Finance Act 1976 (c. 40) section 36, the Finance (No.2) Act 1979 (c. 47) section 11 Schedule 1 paragraph 2 and the Finance Act 1980 (c. 48) section 24.

F206Section 9 was amended by sections 4 and 65 of, and Schedule 5 to, the Social Security Pensions Act 1975 (c. 60), the Social Security (Contributions) Act 1982 (c. 2) section 1 and by S.I. 1986/25.

F207Section 7 (5) was amended by article 3 of S.I. 1986/25 and S.I. 1987/46.

Commencement Information

I39Reg. 39 in force at 11.4.1988, see reg. 1

CHAPTER VE+W+Sother income

Calculation of income other than earningsE+W+S

40.—(1) For the purposes of regulation 29 (calculation of income other than earnings) the income of a claimant which does not consist of earnings to be taken into account shall, subject to paragraphs [F208(2) to (3A)], be his gross income and any capital treated as income under regulations F209... 41 and 44 (F209... capital treated as income and modifications in respect of children and young persons).

(2) There shall be disregarded from the calculation of a claimant's gross income under paragraph (1), any sum, where applicable, specified in Schedule 9.

(3) Where the payment of any benefit under the benefit Acts F210 is subject to any deduction by way of recovery the amount to be taken into account under paragraph (1) shall be the gross amount payable.

[F211(3A) Where a loan is made to a person pursuant to arrangements made under section 1 of the Education (Student Loans) Act 1990 and that person ceases to be a student before the end of the academic year in respect of which the loan is payable or, as the case may be, before the end of his course, a sum equal to the weekly amount apportionable under paragraph (2) of regulation 66A shall be taken into account under paragraph (1) for each week, in the period over which the loan fell to be apportioned, following the date on which that person ceases to be a student; but in determining the weekly amount apportionable under paragraph (2) of regulation 66A so much of that paragraph as provides for a disregard shall not have effect.]

(4) For the avoidance of doubt there shall be included as income to be taken into account under paragraph (1) any payment to which regulation 35(2) or 37(2) (payments not earnings) applies.

Textual Amendments

F210The benefit Acts are specified in section 84(1) of the Social Security Act 1986 (c. 50).

Commencement Information

I40Reg. 40 in force at 11.4.1988, see reg. 1

Capital treated as incomeE+W+S

41.—(1) Any capital payable by instalments which are outstanding on the first day in respect of which income support is payable or the date of the determination of the claim, whichever is earlier, or, in the case of a review, the date of any subsequent review shall, if the aggregate of the instalments outstanding and the amount of the claimant's capital otherwise calculated in accordance with Chapter VI of this Part exceeds [F212£8,000], be treated as income.

(2) Any payment received under an annuity shall be treated as income.

(3) In the case of a person to whom section 23 of the Act (trade disputes) applies [F213or in respect of whom section 20(3) of the Act (conditions of entitlement to income support) has effect as modified by section 23A(b) of the Act (effect of return to work)], any payment under [F214section 1, 27 or 29 of the Child Care Act 1980 or, as the case may be, section 12, 24 or 26 of the Social Work (Scotland) Act 1968 (local authorities' duty to promote welfare of children and powers to grant financial assistance to persons in, or formerly in, their care) shall be treated as income].

[F215(4) In the case of a person to whom section 20(3) of the Act (conditions of entitlement to income support) has effect as modified by section 23A(b) of that Act (effect of return to work), any amount by way of repayment of income tax deducted from his emoluments in pursuance of section 203 of the Income and Corporation Taxes Act 1988, shall be treated as income.]

[F216(5) Any earnings to the extent that they are not a payment of income shall be treated as income.]

Textual Amendments

Commencement Information

I41Reg. 41 in force at 11.4.1988, see reg. 1

Notional incomeE+W+S

42.—(1) A claimant shall be treated as possessing income of which he has deprived himself for the purpose of securing entitlement to income support or increasing the amount of that benefit.

(2) Except in the case of—

(a)a discretionary trust;

(b)a trust derived from a payment made in consequence of a personal injury;

(c)unemployment benefit under the Social Security Act which may be payable to a claimant who is not required to be available for employment; or

(d)an increase of child benefit payable to a claimant under regulation 2(2) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 F217 (rates of child benefit),

income which would become available to the claimant upon application being made but which has not been acquired by him shall be treated as possessed by him but only from the date on which [F218it could be expected to be acquired were an application made].

(3) Except in the case of a discretionary trust, or a trust derived from a payment made in consequence of a personal injury, any income which is due to be paid to the claimant but—

(a)has not been paid to him;

(b)is not a payment prescribed in regulation 9 or 10 of the Social Security (Payments on Account, Overpayment and Recovery) Regulations 1987 F219 (duplication and prescribed payments or maintenance payments) and not made on or before the date prescribed in relation to it,

shall be treated as possessed by the claimant.

[F220(4) Any payment of income, other than a payment of income made under the Macfarlane Trust[F221, the Macfarlane (Special Payments) Trust] or the Independent Living Fund, made—

(a)to a third party in respect of a single claimant or in respect of a member of the family (but not a member of the third party’s family) shall be treated—

(i)in a case where that payment is derived from a payment of any benefit under the benefit Acts, a war disablement pension or war widow’s pension, as possessed by that single claimant, if it is paid to him, or by that member, if it is paid to any member of that family;

(ii)in any other case, as possessed by that single claimant or by that member to the extent that it is used for the food, ordinary clothing or footwear, household fuel, rent or rates for which housing benefit is payable, [F222community charge, water charges F223...,] or any housing costs to the extent that they are met under regulations 17(1)(e) or 18(1)(f) (housing costs) or accommodation charge to the extent that it is met under regulation 19 F224... (persons in residential care or nursing homes F225... F224...), of that single claimant or, as the case may be, of any member of that family;

(b)to a single claimant or a member of the family in respect of a third party (but not in respect of another member of that family) shall be treated as possessed by that single claimant or, as the case may be, that member of the family to the extent that it is kept or used by him or used by or on behalf of any member of the family;

but, except where sub-paragraph (a)(i) applies and in the case of a person to whom section 23 of the Act (trade disputes) applies, this paragraph shall not apply to any payment in kind.]

(5) Where a claimant's earnings are not ascertainable at the time of the determination of the claim or of any subsequent review the adjudication officer shall treat the claimant as possessing such earnings as is reasonable in the circumstances of the case having regard to the number of hours worked and the earnings paid for comparable employment in the area.

(6) Where—

(a)a claimant performs a service for another person; and

(b)that person makes no payment of earnings or pays less than that paid for a comparable employment in the area,

the adjudication officer shall treat the claimant as possessing such earnings (if any) as is reasonable for that employment unless the claimant satisfies him that the means of that person are insufficient for him to pay or to pay more for the service; but this paragraph shall not apply to a claimant who is engaged by a charitable or voluntary body or is a volunteer if the adjudication officer is satisfied that it is reasonable for him to provide his services free of charge.

(7) Where a claimant is treated as possessing any income under any of paragraphs (1) to (4) the foregoing provisions of this Part shall apply for the purposes of calculating the amount of that income as if a payment had actually been made and as if it were actual income which he does possess.

(8) Where a claimant is treated as possessing any earnings under paragraph (5) or (6) the foregoing provisions of this Part shall apply for the purposes of calculating the amount of those earnings as if a payment had actually been made and as if they were actual earnings which he does possess except that paragraph (3) of regulation 36 (calculation of net earnings of employed earners) shall not apply and his net earnings shall be calculated by taking into account the earnings which he is treated as possessing, less—

(a)an amount in respect of income tax equivalent to an amount calculated by applying to those earnings the basic rate of tax in the year of assessment less only the personal relief to which the claimant is entitled under sections 8(1) and (2) and 14(1)(a) and (2) of the Income and Corporation Taxes Act 1970 (personal relief) as is appropriate to his circumstances; but, if the period over which those earnings are to be taken into account is less than a year, the amount of the personal relief deductible under this paragraph shall be calculated on a pro rata basis;

(b)an amount in respect of primary Class 1 contributions payable under the Social Security Act in respect of those earnings; and

(c)one-half of any sum payable by the claimant by way of a contribution towards an occupational or personal pension scheme.

[F226(9) In paragraph (4) the expression “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities.]

Textual Amendments

F217S.I. 1976/1267; relevant amending instruments are S.I. 1980/110, 1986/1172 and 1987/45.

F222Words in reg. 42(4)(a)(ii) inserted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(a), 11

F224Words in reg. 42(4)(a)(ii) omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 7

Commencement Information

I42Reg. 42 in force at 11.4.1988, see reg. 1

Notional earnings of seasonal workersE+W+S

F22743.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I43Reg. 43 in force at 11.4.1988, see reg. 1

Modifications in respect of children and young personsE+W+S

44.—(1) Any capital of a child or young person payable by instalments which are outstanding on the first day in respect of which income support is payable or at the date of the determination of the claim, whichever is earlier, or, in the case of a review, the date of any subsequent review shall, if the aggregate of the instalments outstanding and the amount of that child's or young person's other capital calculated in accordance with Chapter VI of this Part in like manner as for the claimant, except where otherwise provided, would exceed £3,000, be treated as income.

(2) In the case of a child or young person who is residing at an educational establishment at which he is receiving relevant education—

(a)any payment made to the educational establishment, in respect of that child's or young person's maintenance, by or on behalf of a person who is not a member of the family or by a member of the family out of funds contributed for that purpose by a person who is not a member of the family, shall be treated as income of that child or young person but it shall only be taken into account over periods during which that child or young person is present at that educational establishment; and

(b)if a payment has been so made, for any period in a benefit week in term-time during which that child or young person returns home, he shall be treated as possessing an amount of income in that week calculated by multiplying the amount of personal allowance and disabled child premium, if any, applicable in respect of that child or young person by the number equal to the number of days in that week in which he was present at his educational establishment and dividing the product by seven; but this sub-paragraph shall not apply where the educational establishment is provided under section 8 of the Education Act 1944 F228 (duty of local authority to secure primary and secondary schools) by a local education authority or where the payment is made under section 49 or 50 of the Education (Scotland) Act 1980 F229 (power of education authority to assist persons).

(3) Where a child or young person—

(a)is resident at an educational establishment and he is wholly or partly maintained at that establishment by a local education authority under section 8 of the Education Act 1944; or

(b)is maintained at an educational establishment under section 49 or 50 of the Education (Scotland) Act 1980,

he shall for each day he is present at that establishment be treated as possessing an amount of income equal to the sum obtained by dividing the amount of personal allowance and disabled child premium, if any, applicable in respect of him by seven.

(4) Where the income of a child or young person who is a member of the claimant's family calculated in accordance with the foregoing provisions of this Part exceeds the amount of the personal allowance and disabled child premium, if any, applicable in respect of that child or young person, the excess shall not be treated as income of the claimant.

(5) Where the capital of a child or young person if calculated in accordance with Chapter VI of this Part in like manner as for the claimant, except where otherwise provided, would exceed £3,000, any income of that child or young person shall not be treated as income of the claimant.

(6) In calculating the net earnings or net profit of a child or young person there shall be disregarded, (in addition to any sum which falls to be disregarded under paragraphs 11 to 13), any sum specified in paragraphs 14 and 15 of Schedule 8 (earnings to be disregarded).

(7) Any income of a child or young person which is to be disregarded under Schedule 9 (income other than earnings to be disregarded) shall be disregarded in such manner as to produce the result most favourable to the claimant.

(8) Where a child or young person is treated as possessing any income under paragraphs (2) and (3) the foregoing provisions of this Part shall apply for the purposes of calculating that income as if a payment had actually been made and as if it were actual income which he does possess.

[F230(9) For the purposes of this regulation, a child or young person shall not be treated as present at his educational establishment on any day if on that day he spends the night with the claimant or a member of his household.]

Textual Amendments

F2281944 c. 31 section 8 was amended by the Education (Miscellaneous Provisions) Act 1948 (c. 40) section 3, the Education Act 1980 (c. 20) section 38 and Schedule 7 and by the Education Act 1981 (c. 60) section 2.

F2291980 c. 44 section 50 was amended by the Education (Scotland) Act 1981 (c. 58) section 2.

Commencement Information

I44Reg. 44 in force at 11.4.1988, see reg. 1

CHAPTER VIE+W+Scapital

Capital limitE+W+S

45.  For the purposes of section 22 (6) of the Act as it applies to income support (no entitlement to benefit if capital exceeds prescribed amount), the prescribed amount is [F231£8,000].

Textual Amendments

Commencement Information

I45Reg. 45 in force at 11.4.1988, see reg. 1

Calculation of capitalE+W+S

46.—(1) For the purposes of Part II of the Act as it applies to income support, the capital of a claimant to be taken into account shall, subject to paragraph (2), be the whole of his capital calculated in accordance with this Part and any income treated as capital under [F232regulation 48 (income treated as capital).]

(2) There shall be disregarded from the calculation of a claimant's capital under paragraph (1) any capital, where applicable, specified in Schedule 10.

Textual Amendments

Commencement Information

I46Reg. 46 in force at 11.4.1988, see reg. 1

Disregard of capital of child or young personE+W+S

47.  The capital of a child or young person who is a member of the claimant's family shall not be treated as capital of the claimant.

Commencement Information

I47Reg. 47 in force at 11.4.1988, see reg. 1

Income treated as capitalE+W+S

48.—(1) Any F233... bounty derived from employment to which paragraph 7 of Schedule 8 applies [F234and paid at intervals of at least one year] shall be treated as capital.

(2) Except in the case of an amount to which section 23(5) (a) (ii) of the Act (refund of tax in trade disputes cases) [F235or regulation 41(4) (capital treated as income)] applies, any amount by way of a refund of income tax deducted from profits or emoluments chargeable to income tax under Schedule D or E shall be treated as capital.

(3) Any holiday pay which is not earnings under regulation 35(1) (d) (earnings of employed earners) shall be treated as capital.

(4) Except any income derived from capital disregarded under paragraph 1, 2, 4, 6, [F23612 or 25 to 28] of Schedule 10, any income derived from capital shall be treated as capital but only from the date it is normally due to be credited to the claimant's account.

(5) Subject to paragraph (6), in the case of employment as an employed earner, any advance of earnings or any loan made by the claimant's employer shall be treated as capital.

[F237(6) Paragraph (5) shall not apply to a person to whom section 23 of the Act (trade disputes) applies or in respect of whom section 20(3) of the Act (conditions of entitlement to income support) has effect as modified by section 23A(b) (effect of return to work).]

(7) Any payment under section 30 of the Prison Act 1952 F238 (payments for discharged prisoners) or allowance under section 17 of the Prisons (Scotland) Act 1952 F239 (allowances to prisoners on discharge) shall be treated as capital.

(8) Any payment made by a local authority which represents arrears of payments under section 34 (6) or, as the case may be, section 50 of the Children Act 1975 F240 (contributions to a custodian towards the cost of accommodation and maintenance of a child) shall be treated as capital.

[F241(9) Any charitable or voluntary payment which is not made or not due to be made at regular intervals, other than one to which paragraph (10) applies, shall be treated as capital.]

[F241(10) This paragraph applies to a payment—

(a)which is made to a person to whom section 23 of the Act (trade disputes) applies or in respect of whom section 20(3) of the Act (conditions of entitlement to income support) has effect as modified by section 23A(b) of the Act (effect of return to work) or to a member of the family of such a person;

(b)to which regulation 44(2) (modification in respect of children and young persons) applies; or

(c)which is made under the Macfarlane Trust[F242, the Macfarlane (Special Payments) Trust] or the Independent Living Fund.]

[F243(11) Any compensation within the meaning of regulation 35(3) (earnings of employed earners) which is made in respect of employment which is not part-time employment within the meaning of that regulation, to the extent that it is not earnings by virtue of regulation 35(1)(i)(i) shall be treated as capital.]

Textual Amendments

F2381952 c. 52; section 30 was substituted by section 66 (3) of the Criminal Justice Act 1967 (c. 80).

Commencement Information

I48Reg. 48 in force at 11.4.1988, see reg. 1

Calculation of capital in the United KingdomE+W+S

49.  Capital which a claimant possesses in the United Kingdom shall be calculated—

(a)except in a case to which sub-paragraph (b) applies, at its current market or surrender value, less—

(i)where there would be expenses attributable to sale, 10 per cent; and

(ii)the amount of any incumbrance secured on it;

(b)in the case of a National Savings Certificate—

(i)if purchased from an issue the sale of which ceased before 1st July last preceding the first day on which income support is payable or the date of the determination of the claim, whichever is the earlier, or in the case of a review, the date of any subsequent review, at the price which it would have realised on that 1st July had it been purchased on the last day of that issue;

(ii)in any other case, at its purchase price.

Commencement Information

I49Reg. 49 in force at 11.4.1988, see reg. 1

Calculation of capital outside the United KingdomE+W+S

50.  Capital which a claimant possesses in a country outside the United Kingdom shall be calculated—

(a)in a case in which there is no prohibition in that country against the transfer to the United Kingdom of an amount equal to its current market or surrender value in that country, at that value;

(b)in a case where there is such a prohibition, at the price which it would realise if sold in the United Kingdom to a willing buyer,

less, where there would be expenses attributable to sale, 10 per cent and the amount of any incumbrance secured on it.

Commencement Information

I50Reg. 50 in force at 11.4.1988, see reg. 1

Notional capitalE+W+S

51.—(1) A claimant shall be treated as possessing capital of which he has deprived himself for the purpose of securing entitlement to income support or increasing the amount of that benefit [F244except–

(a)where that capital is derived from a payment made in consequence of any personal injury and is placed on trust for the benefit of the claimant; or

(b)to the extent that the capital which he is treated as possessing is reduced in accordance with regulation 51A (diminishing notional capital rule).]

(2) Except in the case of—

(a)a discretionary trust;

(b)a trust derived from a payment made in consequence of a personal injury; or

(c)any loan which would be obtainable only if secured against capital disregarded under Schedule 10,

any capital which would become available to the claimant upon application being made but which has not been acquired by him shall be treated as possessed by him but only from the date on which [F245it could be expected to be acquired were an application made].

[F246(3) Any payment of capital, other than a payment of capital made under the Macfarlane Trust[F247, the Macfarlane (Special Payments) Trust] or the Independent Living Fund, made—

(a)to a third party in respect of a single claimant or in respect of a member of the family (but not a member of the third party’s family) shall be treated—

(i)in a case where that payment is derived from a payment of any benefit under the benefit Acts, a war disablement pension or a war widow’s pension as possessed by that single claimant, if it is paid to him, or by that member if it is paid to any member of the family;

(ii)in any other case, as possessed by that single claimant or by that member to the extent that it is used for the food, ordinary clothing or footwear, household fuel, rent or rates for which housing benefit is payable, [F248community charge, water charges F249...,] or any housing costs to the extent that they are met under regulation 17(1)(e) and 18(1)(f) (housing costs) or accommodation charge to the extent that it is met under regulation 19 F250... (persons in residential care or nursing homes F251... F250...), of that single claimant or, as the case may be, of any member of that family;

(b)to a single claimant or a member of the family in respect of a third party (but not in respect of another member of the family) shall be treated as possessed by that single claimant or, as the case may be, that member of the family to the extent that it is kept or used by him or used by or on behalf of any member of the family.]

(4) Where a claimant stands in relation to a company in a position analogous to that of a sole owner or partner in the business of that company, he shall be treated as if he were such sole owner or partner and in such a case—

(a)the value of his holding in that company shall, notwithstanding regulation 46 (calculation of capital), be disregarded; and

(b)he shall, subject to paragraph (5), be treated as possessing an amount of capital equal to the value or, as the case may be, his share of the value of the capital of that company and the foregoing provisions of this Chapter shall apply for the purposes of calculating that amount as if it were actual capital which he does possess.

(5) For so long as the claimant undertakes activities in the course of the business of the company, the amount which he is treated as possessing under paragraph (4) shall be disregarded.

(6) Where a claimant is treated as possessing capital under any of paragraphs (1) to (4), the foregoing provisions of this Chapter shall apply for the purposes of calculating its amount as if it were actual capital which he does possess.

[F252(7) For the avoidance of doubt a claimant is to be treated as possessing capital under paragraph (1) only if the capital of which he has deprived himself is actual capital.]

[F253(8) In paragraph (3) the expression “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities.]

Textual Amendments

F248Words in reg. 51(3)(a)(ii) inserted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(a), 12

F250Words in reg. 51(3)(a)(ii) omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 7

Commencement Information

I51Reg. 51 in force at 11.4.1988, see reg. 1

[F254Diminishing notional capital ruleE+W+S

51A.—(1) Where a claimant is treated as possessing capital under regulation 51(1) (notional capital), the amount which he is treated as possessing–

(a)in the case of a week that is subsequent to–

(i)the relevant week in respect of which the conditions set out in paragraph (2) are satisfied, or

(ii)a week which follows that relevant week and which satisfies those conditions,

shall be reduced by an amount determined under paragraph (2);

(b)in the case of a week in respect of which paragraph (1)(a) does not apply but where–

(i)that week is a week subsequent to the relevant week, and

(ii)that relevant week is a week in which the condition in paragraph (3) is satisfied,

shall be reduced by the amount determined under paragraph (3).

(2) This paragraph applies to a benefit week or part week where the claimant satisfies the conditions that–

(a)he is in receipt of income support; and

(b)but for regulation 51(1), he would have received an additional amount of income support in that benefit week or, as the case may be, that part week;

and in such a case, the amount of the reduction for the purposes of paragraph (1)(a) shall be equal to that additional amount.

(3) Subject to paragraph (4), for the purposes of paragraph (1)(b) the condition is that the claimant would have been entitled to income support in the relevant week, but for regulation 51(1), and in such a case the amount of the reduction shall be equal to the aggregate of–

(a)the amount of income support to which the claimant would have been entitled in the relevant week but for regulation 51(1); and for the purposes of this sub-paragraph if the relevant week is a part-week that amount shall be determined by dividing the amount of income support to which he would have been so entitled by the number equal to the number of days in the part-week and multiplying the quotient by 7;

(b)the amount of housing benefit (if any) equal to the difference between his maximum housing benefit and the amount (if any) of housing benefit which he is awarded in respect of the benefit week, within the meaning of regulation 2(1) of the Housing Benefit (General) Regulations 1987 (interpretation), which includes the last day of the relevant week;

(c)the amount of community charge benefit (if any) equal to the difference between his maximum community charge benefit and the amount (if any) of community charge benefit which he is awarded in respect of the benefit week, within the meaning of regulation 2(1) of the Community Charge Benefits (General) Regulations 1989 (interpretation) which includes the last day of the relevant week.

(4) The amount determined under paragraph (3) shall be re-determined under that paragraph if the claimant makes a further claim for income support and the conditions in paragraph (5) are satisfied, and in such a case–

(a)sub-paragraphs (a), (b) and (c) of paragraph (3) shall apply as if for the words “relevant week” there were substituted the words “relevant subsequent week”; and

(b)subject to paragraph (6), the amount as re-determined shall have effect from the first week following the relevant subsequent week in question.

(5) The conditions are that–

(a)a further claim is made 26 or more weeks after–

(i)the date on which the claimant made a claim for income support in respect of which he was first treated as possessing the capital in question under regulation 51(1); or

(ii)in a case where there has been at least one re-determination in accordance with paragraph (4), the date on which he last made a claim for income support which resulted in the weekly amount being re-determined; or

(iii)the date on which he last ceased to be in receipt of income support; whichever last occurred; and

(b)the claimant would have been entitled to income support but for regulation 51(1).

(6) The amount as re-determined pursuant to paragraph (4) shall not have effect if it is less than the amount which applied in that case immediately before the re-determination and in such a case the higher amount shall continue to have effect.

(7) For the purpose of this regulation–

(a)“part-week” means a period to which sub-section (1A) of section 21 of the Act (amount etc. of income support) applies;

(b)“relevant week” means the benefit week or part-week in which the capital in question of which the claimant has deprived himself within the meaning of regulation 51(1)–

(i)was first taken into account for the purpose of determining his entitlement to income support; or

(ii)was taken into account on a subsequent occasion for the purpose of determining or re-determining his entitlement to income support on that subsequent occasion and that determination or re-determination resulted in his beginning to receive, or ceasing to receive, income support;

and where more than one benefit week or part-week is identified by reference to heads (i) and (ii) of this sub-paragraph the later or latest such benefit week or, as the case may be, the later or latest such part-week;

(c)“relevant subsequent week” means the benefit week or part-week which includes the day on which the further claim or, if more than one further claim has been made, the last such claim was made.]

Textual Amendments

Capital jointly heldE+W+S

52.  Except where a claimant possesses capital which is disregarded under regulation 51 (4) (notional capital), where a claimant and one or more persons are beneficially entitled in possession to any capital asset they shall be treated as if each of them were entitled in possession to the whole beneficial interest therein in an equal share [F255and the foregoing provisions of this Chapter shall apply for the purposes of calculating the amount of capital which the claimant is treated as possessing as if it were actual capital which the claimant does possess.]

Textual Amendments

Commencement Information

I52Reg. 52 in force at 11.4.1988, see reg. 1

Calculation of tariff income from capitalE+W+S

53.—(1) Where the claimant's capital calculated in accordance with this Part exceeds £3,000 it shall be treated as equivalent to a weekly income of £1 for each complete £250 in excess of £3,000 but not exceeding [F256£8,000].

(2) Notwithstanding paragraph (1), where any part of the excess is not a complete £250 that part shall be treated as equivalent to a weekly income of £1.

(3) For the purposes of paragraph (1), capital includes any income treated as capital under regulations F257... 48 and 60 (F257...income treated as capital and liable relative payments treated as capital).

Textual Amendments

Commencement Information

I53Reg. 53 in force at 11.4.1988, see reg. 1

CHAPTER VIIE+W+Sliable relatives

InterpretationE+W+S

54.  In this Chapter, unless the context otherwise requires—

“claimant” includes a young claimant;

“liable relative” means—

(a)

a spouse or former spouse of a claimant or of a member of the claimant's family;

(b)

a parent of a child or young person who is a member of the claimant's family or of a young claimant;

(c)

a person who has not been adjudged to be the father of a child or young person who is a member of the claimant's family or of a young claimant where that person is contributing towards the maintenance of that child, young person or young claimant and by reason of that contribution he may reasonably be treated as the father of that child, young person or young claimant;

(d)

a person liable to maintain another person by virtue of section 26(3)(c) of the Act (liability to maintain) where the latter is the claimant or a member of the claimant's family,

and, in this definition, a reference to a child's, young person's or young claimant's parent includes any person in relation to whom the child, young person or young claimant was treated as a child or a member of the family;

“payment” means a periodical payment or any other payment made by or derived from a liable relative including, except in the case of a discretionary trust, any payment which would be so made or derived upon application being made by the claimant but which has not been acquired by him but only from the date on which [F258it could be expected to be acquired were an application made]; but it does not include any payment—

(a)

arising from a disposition of property made in contemplation of, or as a consequence of—

(i)

an agreement to separate; or

(ii)

any proceedings for judicial separation, divorce or nullity of marriage;

(b)

made after the death of the liable relative;

(c)

made by way of a gift but not in aggregate or otherwise exceeding £250 in the period of 52 weeks beginning with the date on which the payment, or if there is more than one such payment the first payment, is made; and, in the case of a claimant who continues to be in receipt of income support at the end of the period of 52 weeks, this provision shall continue to apply thereafter with the modification that any subsequent period of 52 weeks shall begin with the first day of the benefit week in which the first payment is made after the end of the previous period of 52 weeks;

(d)

to which regulation 44(2) applies (modifications in respect of children and young persons);

(e)

made—

(i)

to a third party in respect of the claimant or a member of the claimant's family; or

(ii)

to the claimant or to a member of the claimant's family in respect of a third party,

where having regard to the purpose of the payment, the terms under which it is made and its amount it is unreasonable to take it into account;

(f)

in kind;

(g)

to, or in respect of, a child or young person who is to be treated as not being a member of the claimant's household under regulation 16 (circumstances in which a person is to be treated as being or not being a member of the same household);

(h)

which is not a periodical payment, to the extent that any amount of that payment—

(i)

has already been taken into account under this Part by virtue of a previous claim or determination; or

(ii)

has been recovered under section 27(1) of the Act (prevention of duplication of payments) or is currently being recovered; or

(iii)

at the time the determination is made, has been used by the claimant except where he has deprived himself of that amount for the purpose of securing entitlement to income support or increasing the amount of that benefit;

“periodical payment” means—

(a)

a payment which is made or is due to be made at regular intervals in pursuance of a court order or agreement for maintenance;

(b)

in a case where the liable relative has established a pattern of making payments at regular intervals, any such payment;

(c)

any payment not exceeding the amount of income support payable had that payment not been made;

(d)

any payment representing a commutation of payments to which sub-paragraphs (a) or (b) of this definition applies whether made in arrears or in advance,

but does not include a payment due to be made before the first benefit week pursuant to the claim which is not so made;

“young claimant ” means a person aged 16 or over but under 19 who makes a claim for income support.

Textual Amendments

Commencement Information

I54Reg. 54 in force at 11.4.1988, see reg. 1

Treatment of liable relative paymentsE+W+S

55.  Except where regulation 60(1) (liable relative payments to be treated as capital) applies a payment shall—

(a)to the extent that it is not a payment of income, be treated as income;

(b)be taken into account in accordance with the following provisions of this Chapter.

Commencement Information

I55Reg. 55 in force at 11.4.1988, see reg. 1

Period over which periodical payments are to be taken into accountE+W+S

56.—(1) The period over which a periodical payment is to be taken into account shall be—

(a)in a case where the payment is made at regular intervals, a period equal to the length of that interval;

(b)in a case where the payment is due to be made at regular intervals but is not so made, such number of weeks as is equal to the number (and any fraction shall be treated as a corresponding fraction of a week) obtained by dividing the amount of that payment by the weekly amount of that periodical payment as calculated in accordance with regulation 58(4) (calculation of the weekly amount of a liable relative payment);

(c)in any other case, a period equal to a week.

(2) The period under paragraph (1) shall begin on the date on which the payment is treated as paid under regulation 59 (date on which a liable relative payment is to be treated as paid).

Commencement Information

I56Reg. 56 in force at 11.4.1988, see reg. 1

Period over which payments other than periodical payments are to be taken into accountE+W+S

57.—(1) Subject to paragraph (2), the number of weeks over which a payment other than a periodical payment is to be taken into account shall be equal to the number (and any fraction shall be treated as a corresponding fraction of a week) obtained by dividing that payment by—

(a)where the payment is in respect of the claimant or the claimant and any child or young person who is a member of the family, the aggregate of £2 and the amount of income support which would be payable had the payment not been made;

(b)where the payment is in respect of one or more than one child or young person who is a member of the family the amount prescribed in Schedule 2 (applicable amount) in respect of each child or young person and any family and lone parent premium;

(2) Where a liable relative makes a periodical payment and any other payment concurrently and the weekly amount of that periodical payment, as calculated in accordance with regulation 58 (calculation of the weekly amount of a liable relative payment), is less than—

(a)in a case where the periodical payment is in respect of the claimant or the claimant and any child or young person who is a member of the family, the aggregate of £2 and the amount of income support which would be payable had the payments not been made; or

(b)in a case where the periodical payment is in respect of one or more than one child or young person who is a member of the family, the aggregate of the amount prescribed in Schedule 2 in respect of each such child or young person and any family and lone parent premium,

that other payment shall, subject to paragraph (3), be taken into account over a period of such number of weeks as is equal to the number obtained (and any fraction shall be treated as a corresponding fraction of a week) by dividing that payment by an amount equal to the extent of the difference between the amount referred to in sub-paragraph (a) or (b), as the case may be, and the weekly amount of the periodical payment.

(3) If—

(a)the liable relative ceases to make periodical payments, the balance (if any) of the other payment shall be taken into account over the number of weeks equal to the number (and any fraction shall be treated as a corresponding fraction of a week) obtained by dividing that balance by the amount referred to in sub-paragraph (a) or (b) of paragraph (1), as the case may be;

(b)the amount of any subsequent periodical payment varies, the balance (if any) of the other payment shall be taken into account over a period of such number of weeks as is equal to the number obtained (and any fraction shall be treated as a corresponding fraction of a week) by dividing that balance by an amount equal to the extent of the difference between the amount referred to in sub-paragraph (a) or (b) of paragraph (2) and the weekly amount of the subsequent periodical payment.

(4) The period under paragraph (1) or (2) shall begin on the date on which the payment is treated as paid under regulation 59 (date on which a liable relative payment is treated as paid) and under paragraph (3) shall begin on the first day of the benefit week in which the cessation or variation of the periodical payment occurred.

Commencement Information

I57Reg. 57 in force at 11.4.1988, see reg. 1

Calculation of the weekly amount of a liable relative paymentE+W+S

58.—(1) Where a periodical payment is made or is due to be made at intervals of one week, the weekly amount shall be the amount of that payment.

(2) Where a periodical payment is made or is due to be made at intervals greater than one week and those intervals are monthly, the weekly amount shall be determined by multiplying the amount of the payment by 12 and dividing the product by 52.

(3) Where a periodical payment is made or is due to be made at intervals and those intervals are neither weekly nor monthly, the weekly amount shall be determined by dividing that payment by the number equal to the number of weeks (including any part of a week) in that interval.

(4) Where a payment is made and that payment represents a commutation of periodical payments whether in arrears or in advance, the weekly amount shall be the weekly amount of the individual periodical payments so commutated as calculated under paragraphs (1) to (3) as is appropriate.

(5) The weekly amount of a payment to which regulation 57 applies (period over which payments other than periodical payments are to be taken into account) shall be equal to the amount of the divisor used in calculating the period over which the payment or, as the case may be, the balance is to be taken into account.

Commencement Information

I58Reg. 58 in force at 11.4.1988, see reg. 1

Date on which a liable relative payment is to be treated as paidE+W+S

59.—(1) A periodical payment is to be treated as paid—

(a)in the case of a payment which is due to be made before the first benefit week pursuant to the claim, on the day in the week in which it is due to be paid which corresponds to the first day of the benefit week;

(b)in any other case, on the first day of the benefit week in which it is due to be paid unless, having regard to the manner in which income support is due to be paid in the particular case, it would be more practicable to treat it as paid on the first day of a subsequent benefit week.

(2) Subject to paragraph (3), any other payment shall be treated as paid—

(a)in the case of a payment which is made before the first benefit week pursuant to the claim, on the day in the week in which it is paid which corresponds to the first day of the benefit week;

(b)in any other case, on the first day of the benefit week in which it is paid unless, having regard to the manner in which income support is due to be paid in the particular case, it would be more practicable to treat it as paid on the first day of a subsequent benefit week.

(3) Any other payment paid on a date which falls within the period in respect of which a previous payment is taken into account, not being a periodical payment, is to be treated as paid on the first day following the end of that period.

Commencement Information

I59Reg. 59 in force at 11.4.1988, see reg. 1

Liable relative payments to be treated as capitalE+W+S

60.—(1) Subject to paragraph (2), where a liable relative makes a periodical payment concurrently with any other payment, and the weekly amount of the periodical payment as calculated in accordance with regulation 58(1) to (4) (calculation of the weekly amount of a liable relative payment), is equal to or greater than the amount referred to in sub-paragraph (a) of regulation 57(2) (period over which payments other than periodical payments are to be taken into account) less the £2 referred to therein, or sub-paragraph (b) of that regulation, as the case may be, the other payment shall be treated as capital.

(2) If, in any case, the liable relative ceases to make periodical payments, the other payment to which paragraph (1) applies shall be taken into account under paragraph (1) of regulation 57 but, notwithstanding paragraph (4) thereof, the period over which the payment is to be taken into account shall begin on the first day of the benefit week following the last one in which a periodical payment was taken into account.

Commencement Information

I60Reg. 60 in force at 11.4.1988, see reg. 1

CHAPTER VIIIE+W+Sstudents

InterpretationE+W+S

61.  In this Chapter, unless the context otherwise requires—

“a course of advanced education” means—

(a)

a full-time course leading to a postgraduate degree or comparable qualification, a first degree or comparable qualification, a diploma of higher education, a higher national diploma, a higher national diploma of the Business & Technician Education Council or the Scottish Vocational Education Council or a teaching qualification; or

(b)

any other full-time course which is a course of a standard above ordinary national diploma, a national diploma of the Business & Technician Education Council or [F259a national certificate of] the Scottish Vocational Education Council, a general certificate of education (advanced level) a Scottish certificate of education (higher grade) or a Scottish certificate of sixth year studies;

“contribution” means any contribution in respect of the income of any other person which a Minister of the Crown or an education authority takes into account in assessing the amount of the student's grant and by which that amount is, as a consequence, reduced;

“covenant income” means the income net of tax at the basic rate payable to a student under a Deed of Covenant by a person whose income is, or is likely to be, taken into account in assessing the student's grant or award;

“education authority” means a government department, a local education authority as defined in section 114(1) of the Education Act 1944 F260 (interpretation), an education authority as defined in section 135(1) of the Education (Scotland) Act [F2611980] F262 (interpretation), an education and library board established under Article 3 of the Education and Libraries (Northern Ireland) Order 1986 F263, any body which is a research council for the purposes of the Science and Technology Act 1965 F264 or any analogous government department, authority, board or body, of the Channel Islands, Isle of Man or any other country outside Great Britain.

“grant” means any kind of educational grant or award and includes any scholarship, studentship, exhibition, allowance or bursary [F265but does not include a payment derived from funds made available by the Secretary of State for the purpose of assisting students in financial difficulties under section 100 of the Education Act 1944, sections 131 and 132 of the Education Reform Act 1988 or section 73 of the Education (Scotland) Act 1980];

“grant income” means—

(a)

any income by way of a grant;

(b)

in the case of a student other than one to whom sub-paragraph (c) refers, any contribution which has been assessed whether or not it has been paid;

(c)

in the case of a student to whom paragraph 1, 2 or 7 of Schedule 1 applies (lone parent or disabled student), any contribution which has been assessed and which has been paid;

and any such contribution which is paid by way of a covenant shall be treated as part of the student's grant income.

“period of study” means—

(a)

in the case of a course of study for one year or less, the period beginning with the start of the course to the end;

(b)

in the case of a course of study for more than one year, in the first or, as the case may be, any subsequent year of the course, the period beginning with the start of the course or, as the case may be, that year's start and ending with either—

(i)

the day before the start of the next year of the course in a case where the student's grant is assessed at a rate appropriate to his studying throughout the year, or, if he does not have a grant, where it would have been assessed at such a rate had he had one; or

(ii)

in any other case the day before the start of the normal summer vacation appropriate to his course;

“periods of experience” has the meaning prescribed in paragraph 1(1) of Schedule 5 to the Education (Mandatory Awards) Regulations 1987 F266;

“sandwich course” has the meaning prescribed in paragraph 1(1) of Schedule 5 to the Education (Mandatory Awards) Regulations 1987;

“standard maintenance grant” means—

(a)

except where paragraph (b) applies, in the case of a student attending a course of study at the University of London or an establishment within the area comprising the City of London and the Metropolitan Police District, the amount specified for the time being in paragraph 2(2)(a) of Schedule 2 to the Education (Mandatory Awards) Regulations 1987 for such a student;

(b)

in the case of a student residing at his parents' home the amount specified in paragraph 3(2) thereof;

(c)

in any other case, the amount specified in paragraph 2(2) other than in sub-paragraph (a) or (b) thereof;

“student” means a person aged less than 19 who is attending a full-time course of advanced education or, as the case may be, a person aged 19 or over but under pensionable age who is attending a full-time course of study at an educational establishment; and for the purposes of this definition—

(a)

a person who has started on such a course shall be treated as attending it throughout any period of term or vacation within it, until the end of the course or such earlier date as he abandons it or is dismissed from it;

(b)

a person on a sandwich course shall be treated as attending a full-time course of advanced education or, as the case may be, of study;

“year” in relation to a course, means the period of 12 months beginning on 1st January, 1st April or 1st September according to whether the academic year of the course in question begins in the spring, the summer or the autumn respectively.

Textual Amendments

F259Words in reg. 61 inserted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 13

F2601944 c. 31 as amended by S.I. 1974/595 article 3(22) Schedule 1 Part I and by S.I. 1977/293, article 4(1).

Commencement Information

I61Reg. 61 in force at 11.4.1988, see reg. 1

Calculation of grant incomeE+W+S

62.—(1) The amount of a student's grant income to be taken into account shall, subject to paragraph (2), be the whole of his grant income.

(2) There shall be disregarded from the amount of a student's grant income any payment—

(a)intended to meet tuition fees or examination fees;

(b)intended to meet the cost of special equipment for a student on a course which began before 1st September 1986 in architecture, art and design, home economics, landscape architecture, medicine, music, ophthalmic optics, orthoptics, physical education, physiotherapy, radiography, occupational therapy, dental hygiene, dental therapy, remedial gymnastics, town and country planning and veterinary science or medicine;

(c)intended to meet additional expenditure incurred by a disabled student in respect of his attendance on a course;

(d)intended to meet additional expenditure connected with term time residential study away from the student's educational establishment;

(e)on account of the student maintaining a home at a place other than that at which he resides while attending his course but only to the extent that his rent or rates is not met by housing benefit;

(f)on account of any other person but only if that person is residing outside of the United Kingdom and there is no applicable amount in respect of him;

(g)intended to meet the cost of books and equipment (other than special equipment) or if not so intended an amount equal to [F267£246] towards such costs;

(h)intended to meet travel expenses incurred as a result of his attendance on the course.

(3) A student's grant income[F268, except any amount intended for the maintenance of dependants under Part 3 of Schedule 2 to the Education (Mandatory Awards) Regulations 1987 or intended for an older student under Part 4 of that Schedule,] shall be apportioned—

(a)subject to paragraph (4), in a case where it is attributable to the period of study, equally between the weeks in that period;

(b)in any other case, equally between the weeks in the period in respect of which it is payable.

[F269(3A) Any amount intended for the maintenance of dependants or for an older student under the provisions referred to in paragraph (3) shall be apportioned equally over a period of 52 weeks or, if there are 53 benefit weeks (including part-weeks) in the year, 53.]

(4) In the case of a student on a sandwich course, any periods of experience within the period of study shall be excluded and the student's grant income shall be apportioned equally between the remaining weeks in that period.

Textual Amendments

Commencement Information

I62Reg. 62 in force at 11.4.1988, see reg. 1

Calculation of covenant income where a contribution is assessedE+W+S

63.—(1) Where a student is in receipt of income by way of a grant during a period of study and a contribution has been assessed, the amount of his covenant income to be taken into account for that period and any summer vacation immediately following shall be the whole amount of his covenant income less, subject to paragraph (3), the amount of the contribution.

(2) The weekly amount of the student's covenant income shall be determined—

(a)by dividing the amount of income which falls to be taken into account under paragraph (1) by 52 or, if there are 53 benefit weeks (including part weeks) in the year, 53; and

(b)by disregarding from the resulting amount, £5.

(3) For the purposes of paragraph (1), the contribution shall be treated as increased by the amount, if any, by which the amount excluded under regulation 62(2)(h) (calculation of grant income) falls short of the amount included in the standard maintenance grant to meet travel expenses.

Commencement Information

I63Reg. 63 in force at 11.4.1988, see reg. 1

Covenant income where no grant income or no contribution is assessedE+W+S

64.—(1) Where a student is not in receipt of income by way of a grant the amount of his covenant income shall be calculated as follows—

(a)any sums intended for any expenditure specified in regulation 62(2)(a) to (f), (calculation of grant income) necessary as a result of his attendance on the course, shall be disregarded;

(b)any covenant income, up to the amount of the standard maintenance grant, which is not so disregarded, shall be apportioned equally between the weeks of the period of study and there shall be disregarded from the covenant income to be so apportioned the amount which would have been disregarded under regulation 62(2)(g) and (h) (calculation of grant income) had the student been in receipt of the standard maintenance grant;

(c)the balance, if any, shall be divided by 52 or, if there are 53 benefit weeks (including part weeks) in the year, 53 and treated as weekly income of which £5 shall be disregarded.

(2) Where a student is in receipt of income by way of a grant and no contribution has been assessed, the amount of his covenant income shall be calculated in accordance with sub-paragraphs (a) to (c) of paragraph (1), except that—

(a)the value of the standard maintenance grant shall be abated by the amount of his grant income less an amount equal to the amount of any sums disregarded under regulation 62(2)(a) to (f); and

(b)the amount to be disregarded under paragraph (1)(b) shall be abated by an amount equal to the amount of any sums disregarded under regulation 62(2)(g) and (h).

Commencement Information

I64Reg. 64 in force at 11.4.1988, see reg. 1

Relationship with amounts to be disregarded under Schedule 9E+W+S

65.  No part of a student's covenant income or grant income shall be disregarded under paragraph 15 of Schedule 9 (charitable and voluntary payments) and any other income [F270to which sub-paragraph (1) of that paragraph applies shall be disregarded only to the extent that] the amount disregarded under regulation 63(2)(b) (calculation of covenant income where a contribution is assessed) or, as the case may be, 64(1)(c) (covenant income where no grant income or no contribution is assessed) is less than [F271£10].

Textual Amendments

F270Words in reg. 65 substituted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 14(a)

F271Sum in Reg. 65 substituted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 14(b)

Commencement Information

I65Reg. 65 in force at 11.4.1988, see reg. 1

Other amounts to be disregardedE+W+S

66.—(1) For the purposes of ascertaining income other than grant income and covenant income, any amounts intended for any expenditure specified in regulation 62(2) (calculation of grant income) necessary as a result of his attendance on the course shall be disregarded but only if, and to the extent that, the necessary expenditure exceeds or is likely to exceed the amount of the sums disregarded under regulation 62(2), 63(3) and 64(1)(a) or (b) (calculation of grant income and covenant income) on like expenditure.

(2) Where a claim is made in respect of any period in the normal summer vacation and any income is payable under a Deed of Covenant which commences or takes effect after the first day of that vacation, that income shall be disregarded.

Commencement Information

I66Reg. 66 in force at 11.4.1988, see reg. 1

[F272Treatment of student loansE+W+S

66A.—(1) A loan which is made to a student pursuant to arrangements made under section 1 of the Education (Student Loans) Act 1990 shall be treated as income.

(2) In calculating the weekly amount of the loan to be taken into account as income—

(a)except where sub-paragraph (b) applies, the loan shall be apportioned equally between the weeks in the academic year in respect of which the loan is payable;

(b)in the case of a loan which is payable in respect of the final academic year of the course or if the course is only of one academic year’s duration, in respect of that year the loan shall be apportioned equally between the weeks in the period beginning with the start of the final academic year or, as the case may be, the single academic year and ending with the date on which the course ends,

and from the weekly amount so apportioned there shall be disregarded £10.

(3) Any loan for which a student is eligible in respect of an academic year under the arrangements mentioned in paragraph (1) but which has not been acquired by him shall be treated as possessed by him and paragraphs (1) and (2) shall apply accordingly; and for the purposes of this paragraph the loan for which a student is eligible is the maximum amount payable to him under those arrangements]

Textual Amendments

Disregard of contributionE+W+S

67.  Where the claimant or his partner is a student and the income of one has been taken into account for the purpose of assessing a contribution to the student's grant, an amount equal to the contribution shall be disregarded for the purpose of calculating the income of the one liable to make that contribution.

Commencement Information

I67Reg. 67 in force at 11.4.1988, see reg. 1

Income treated as capitalE+W+S

68.  Any amount by way of a refund of tax deducted from a student's income shall be treated as capital.

Commencement Information

I68Reg. 68 in force at 11.4.1988, see reg. 1

Disregard of changes occurring during summer vacationE+W+S

69.  In calculating a student's income an adjudication officer shall disregard any change in the standard maintenance grant occurring in the recognised summer vacation appropriate to the student's course, if that vacation does not form part of his period of study, from the date on which the change occurred up to the end of that vacation.

Commencement Information

I69Reg. 69 in force at 11.4.1988, see reg. 1

PART VI E+W+SURGENT CASES

Urgent casesE+W+S

70.—(1) In a case to which this regulation applies, a claimant' weekly applicable amount and his income and capital shall be calculated in accordance with the following provisions of this Part.

(2) Subject to paragraph (4), this regulation applies to—

(a)a claimant to whom paragraph (3) (certain persons from abroad) applies;

(b)a claimant who is treated as possessing income under regulation 42(3) (notional income);

F273(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) This paragraph applies to a person from abroad within the meaning of regulation 21 (3) (special cases) who—

(a)having, during any one period of limited leave of a kind referred to in sub-paragraph (a) of that definition (including any period as extended), supported himself without recourse to public funds other than any such recourse by reason of the previous application of this sub-paragraph, is temporarily without funds during that period of leave because remittances to him from abroad have been disrupted provided that there is a reasonable expectation that his supply of funds will be resumed;

(b)is awaiting the determination of an application made under section 3 of the 1971 Act F274 (general provisions for regulation and control) for his leave to remain in the United Kingdom to be varied so as to be leave under any provision in the immigration rules which does not refer to there being, or to there needing to be, no recourse to public funds or to there being no charge on public funds during that limited leave;

(c)is awaiting the outcome of an appeal made under Part II of the 1971 Act (including any period for which the appeal is treated as pending under section 33 (4) of that Act);

(d)is a person to whom sub-paragraph (b) of that definition applies who has applied for leave within the meaning of the 1971 Act to remain in the United Kingdom, being leave under any provision in the immigration rules which does not refer to there being, or to there needing to be, no recourse to public funds or to there being no charge on public funds during that leave and is awaiting the determination of that application;

(e)is a person to whom sub-paragraph (c) of that definition applies but whose removal from the United Kingdom has been deferred in writing by the Secretary of State;

(f)is a person, other than someone to whom sub-paragraph (c) of that definition applies, who has been granted permission to remain in the United Kingdom pending the removal of a person to whom sub-paragraph (e) applies;

(g)is a person who has no or no further right of appeal under the 1971 Act but has been allowed to remain in the United Kingdom while an application so to remain is, or representations on his behalf are, being considered by the Secretary of State;

(h)is a person to whom sub-paragraph (d) of that definition applies and who has been allowed to remain in the United Kingdom with the consent in writing of the Secretary of State;

(i)is a person to whom sub-paragraph (e), (f) or (g) of that definition applies and whose applicable amount, but for this sub-paragraph, would if calculated in accordance with regulation 21 (special cases) be nil;

(j)he is a person other than one to whom sub-paragraph (e) applies who is subject to a direction for his removal from the United Kingdom, but whose removal has been deferred in writing by the Secretary of State.

(4) This regulation shall only apply to a person to whom paragraph (2)(b) [F275applies, where the income he is treated as possessing by virtue of regulation 42(3) (notional income)] is not readily available to him; and

(a)the amount of income support which would be payable but for this Part is less than the amount of income support payable by virtue of the provisions of this Part; and

(b)the adjudication officer is satisfied that, unless the provisions of this Part are applied to the claimant, the claimant or his family will suffer hardship.

Textual Amendments

Commencement Information

I70Reg. 70 in force at 11.4.1988, see reg. 1

Applicable amounts in urgent casesE+W+S

71.—(1) For the purposes of calculating any entitlement to income support under this Part—

(a)except in a case to which [F276sub-paragraph (b), (c) or (d),] applies, a claimant' weekly applicable amount shall be the aggregate of—

(i)90 per cent of the amount applicable in respect of himself or, if he 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 2 or, as the case may be, the amount applicable in respect of them under regulation 18 (polygamous marriages); and where regulation 22 (reduction in applicable amounts in certain cases of actual or notional unemployment benefit disqualification) applies, the reference in this head to 90 per cent of the amount applicable shall be construed as a reference to 90 per cent of the relevant amount under that regulation reduced by the percentage specified in paragraph (1) or (2), as the case may be, of that regulation;

(ii)the amount applicable under paragraph 2 of Schedule 2 in respect of any child or young person who is a member of his family except a child or young person whose capital, if calculated in accordance with Part V in like manner as for the claimant, except where otherwise provided, would exceed £3,000;

(iii)the amount, if applicable, specified in [F277Part II or III of Schedule 2 (premiums)]; and

(iv)any amounts applicable under [F278regulation 17(1)(e) or, as the case may be, 18(1)(f) (housing costs)]; [F279and

(v)the amount of the protected sum which may be applicable to him determined in accordance with Schedule 3A][F280or, as the case may be, 3B];

(b)F281F282where the claimant is a resident in ... ... a residential care home or a nursing home, his weekly applicable amount shall be the aggregate of—

(i)90 per cent of the amount of the allowance for personal expenses prescribed in paragraph 13 (a) of Schedule 4 (applicable amounts of persons in residential care and nursing homes) F283... or, if he is a member of a couple or of a polygamous marriage, of the amount applicable in respect of both or all of them; and where regulation 22 (reduction in applicable amounts in certain cases of actual or notional unemployment benefit disqualification) applies, the reference in this head to 90 per cent of the amount so reduced shall be construed as a reference to 90 per cent of the relevant amount under that regulation reduced by the percentage specified in paragraph (1) or (2), as the case may be, of that regulation;

(ii)the amount applicable under paragraph 13 (b) to (e) of Schedule 4 F284... in respect of any child or young person who is a member of his family except a child or young person whose capital, if calculated in accordance with Part V in like manner as for the claimant, except where otherwise provided, would exceed £3,000;

(iii)the amount in respect of the weekly charge for his accommodation calculated in accordance with regulation 19 and Schedule 4 F285... except any amount in respect of a child or young person who is a member of the family and whose capital, if calculated in accordance with Part V in like manner as for the claimant, except where otherwise provided, would exceed £3,000.

(c)where the claimant is resident in residential accommodation, his weekly applicable amount shall be the aggregate of—

(i)90 per cent of the amount in respect of personal expenses as is referred to in column (2) of paragraph 13 (a) to (c) and (e) of Schedule 7 (applicable amounts in special cases) applicable to him;

(ii)the amount applicable under column (2) of paragraph 13 (d) of Schedule 7, in respect of any child or young person who is a member of his family except a child or young person whose capital, if calculated in accordance with Part V in like manner as for the claimant, except where otherwise provided, would exceed £3,000;

(iii)the amount, being 80 per cent of the sum referred to in column (2) of paragraph 13 (a) to (c) and (e) of Schedule 7 (applicable amounts in special cases), in respect of the cost of the residential accommodation.

[F286(d)except where sub-paragraph (b) or (c) applies, in the case of a person to whom any paragraph, other than paragraph 17, in column (1) of Schedule 7 (special cases) applies, the amount shall be 90% of the amount applicable in column 2 of that Schedule in respect of the claimant and partner (if any), plus, if applicable—

(i)any amount in respect of a child or young person who is a member of the family except a child or young person whose capital, if calculated in accordance with Part V in like manner as for the claimant, except where otherwise provided, would exceed £3,000;

(ii)any premium under [F287Part II or III of Schedule 2]; and

[F288(iii)any amounts applicable under regulation 17(1)(e) or, as the case may be, 18(1)(f)]][F289and

(iv)the amount of the protected sum which may be applicable to him determined in accordance with Schedule 3A][F290or, as the case may be, 3B].

(2) The period for which a claimant' weekly applicable amount is to be calculated in accordance with paragraph (1) where paragraph (3) of regulation 70 (urgent cases) applies shall be—

(a)in a case to which sub-paragraph (a) of paragraph (3) of that regulation applies, any period, or the aggregate of any periods, not exceeding 42 days during any one period of leave to which that regulation applies;

(b)in a case to which sub-paragraph (b) of paragraph (3) of that regulation applies—

(i)the period ending not later than the date on which that determination is sent to the claimant; or

(ii)if he has a right to appeal against the determination under Part II of the 1971 Act, the period ending not later than 28 days after the date on which that determination is sent to him;

(c)in a case to which sub-paragraph (c) of paragraph (3) of that regulation applies, the period ending not later than the end of the period for which that appeal is treated as pending under section 33 (4) of the 1971 Act;

(d)in a case to which sub-paragraph (d) of paragraph (3) of that regulation applies, the period ending not later than—

(i)where the application referred to in that regulation is successful, the date on which that determination is sent to the claimant; or

(ii)where that application is refused, the date on which he is removed from the United Kingdom;

(e)in any case to which sub-paragraph (e), (f), (g), (h) or (j) of paragraph (3) of that regulation applies, the period ending not later than—

(i)the date on which the claimant is removed from the United Kingdom; or

(ii)where given leave (within the meaning of section33 of the 1971 Act) to remain in the United Kingdom, or otherwise permitted in writing by the Secretary of State to remain in the United Kingdom, the date on which that leave was given;

(f)in a case to which sub-paragraph (i) of paragraph (3) of that regulation applies, the period ending not later than the date on which—

(i)leave (within the meaning of section 33 of the 1971 Act) is granted; or

(ii)he is removed from the United Kingdom; or

(iii)his immigration status is determined by the Secretary of State,

[F291(3) Where the calculation of a claimant’s applicable amount under this regulation results in a fraction of a penny that fraction shall be treated as a penny.]

Textual Amendments

F280Words in reg. 71(1)(a)(v) added (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 17

F282Words in reg. 71(1)(b) omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 8

F283Words in reg. 71(1)(b)(i) omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 8(i)

F284Words in reg. 71(1)(b)(ii) omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 8(ii)

F285Words in reg. 71(1)(b)(iii) omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 8(iii)

F290Words in reg. 71(1)(d)(iv) added (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 17

Modifications etc. (not altering text)

C5Reg. 71(1)(a)(ii) sum confirmed (coming into force in accordance with art. 1(2)(e) of the amending S.I.) by The Social Security Benefits Up-rating Order 1990 (S.I. 1990/320), arts. 1(2)(e), 14(2)

C6Reg. 71(1)(b)(ii)(iii) sum confirmed (coming into force in accordance with art. 1(2)(e) of the amending S.I.) by The Social Security Benefits Up-rating Order 1990 (S.I. 1990/320), arts. 1(2)(e), 14(2)

C7Reg. 71(1)(c)(ii) sum confirmed (coming into force in accordance with art. 1(2)(e) of the amending S.I.) by The Social Security Benefits Up-rating Order 1990 (S.I. 1990/320), arts. 1(2)(e), 14(2)

C8Reg. 71(1)(d)(i) sum confirmed (coming into force in accordance with art. 1(2)(e) of the amending S.I.) by The Social Security Benefits Up-rating Order 1990 (S.I. 1990/320), arts. 1(2)(e), 14(2)

Commencement Information

I71Reg. 71 in force at 11.4.1988, see reg. 1

Assessment of income and capital in urgent casesE+W+S

72.—(1) The claimant' income shall be calculated in accordance with Part V subject to the following modifications—

[F292(a)any income, other than a payment of income made under the Macfarlane Trust[F293, the Macfarlane (Special Payments) Trust] or the Independent Living Fund [F294or income to which paragraph 5, 40, 42, or 44 of Schedule 9 (disregard of income other than earnings) applies], possessed or treated as possessed by him shall be taken into account in full notwithstanding any provision in that Part disregarding the whole or any part of that income;]

(b)any income to which regulation 53 (calculation of tariff income from capital) applies shall be disregarded;

(c)income treated as capital by virtue of [F295regulation 48(1), (2), (3) and (9)] (income treated as capital) shall be taken into account as income;

(d)in a case to which paragraph (2) (b) of regulation 70 (urgent cases) applies, any income to which regulation 42 (3) (notional income) applies shall be disregarded;

F296(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The claimant' capital calculated in accordance with Part V, but including any capital referred to in paragraphs 3 and, to the extent that such assets as are referred to in paragraph 6 consist of liquid assets, 6 [F297and, except to the extent that the arrears referred to in paragraph 7 consist of arrears of housing benefit payable under Part II of the Act or Part II of the Social Security and Housing Benefits Act 1982, 7, 9(b), 19, 30 and 32 of Schedule 10] (capital to be disregarded) shall be taken into account in full and the amount of income support which would, but for this paragraph be payable under this regulation, shall be payable only to the extent that it exceeds the amount of that capital.

Textual Amendments

Commencement Information

I72Reg. 72 in force at 11.4.1988, see reg. 1

[F298PART VIIE+W+SCALCULATION OF INCOME SUPPORT FOR PART-WEEKS

Textual Amendments

Amount of income support payableE+W+S

73.—(1) Subject to regulations 75 (modifications in income) and 76 (reduction in certain cases), where a claimant is entitled to income support for a period (referred to in this Part as a part-week) to which subsection (1A) of section 21 of the Act (amount etc. of income-related benefit) applies, the amount of income support payable shall, except where paragraph (2) applies, be calculated in accordance with the following formulae—

(a)if the claimant has no income,

(b)if the claimant has income,

(2) Subject to regulations 75 and 76, in the case of a claimant to whom regulation 19 F299... (persons in residential care or nursing homes F299...) applies, where the weekly charge for the accommodation is due to be paid during a part-week to which regulation 74(1)(a) or (b) applies, the amount of income Support payable shall be calculated in accordance with the following formulae—

(a)if the claimant has no income, A;

(b)if the claimant has income, (A − I) − B.

(3) In this Regulation—

(4) In a case to which paragraph (2) applies, a claimant’s weekly applicable amount shall be—

(a)where the weekly charge for the accommodation includes all meals, the aggregate of the following amounts—

(i)the weekly charge for the accommodation determined in accordance with paragraph 1(1)(a) of Schedule 4 F301...; and

(ii)the amount calculated in accordance with the formula—

(b)where the weekly charge for the accommodation does not include all meals, the aggregate of the following amounts':

(i)the weekly charge for the accommodation determined in accordance with paragraph 1(1)(a) of Schedule 4 F301... less M; and

(ii)the amount calculated in accordance with the formula—

.

(5) In paragraph (4)—

“H” means the weekly amount determined in accordance with paragraph 1(1)(c) of Schedule 4 F302...;

“M” means the amount of the increase for meals calculated on a weekly basis in accordance with paragraph 2 of Schedule 4 F302...;

“P” means the weekly amount for personal expenses determined in accordance with paragraph 13 of Schedule 4 F303....

Textual Amendments

F299Words in reg. 73(2) omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 9(a)

F301Words in reg. 73(4) omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 9(b)

F302Words in reg. 73(5) omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 9(b)

F303Words in reg. 73(5) omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 9(c)

Relevant weekE+W+S

74.—(1) Where the part-week—

(a)is the whole period for which income support is payable or occurs at the beginning of the claim, the relevant week is the period of 7 days ending on the last day of that part-week; or

(b)occurs at the end of the claim, the relevant week is the period of 7 days beginning on the first day of that part-week.

(2) Where during the currency of a claim the claimant makes a claim for a relevant social security benefit within the meaning of paragraph 4 of Schedule 7 to the Social Security (Claims and Payments) Regulations 1987 and as a result his benefit week changes, for the purpose of calculating the amount of income support payable—

(a)for the part-week beginning on the day after his last complete benefit week before the date from which he makes a claim for the relevant social security benefit and ending immediately before that date, the relevant week is the period of 7 days beginning on the day after his last complete benefit week (the first relevant week);

(b)for the part-week beginning on the date from which he makes a claim for the relevant social security benefit and ending immediately before the start of his next benefit week after the date of that claim, the relevant week is the period of 7 days ending immediately before the start of his next benefit week (the second relevant week).

(3) Where during the currency of a claim the claimant’s benefit week changes at the direction of the Secretary of State under paragraph 3 of Schedule 7 to the Social Security (Claims and Payments) Regulations 1987, for the purpose of calculating the amount of income Support payable for the part-week beginning on the day after his last complete benefit week before the change and ending immediately before the change, the relevant week is the period of 7 days beginning On the day after the last complete benefit week.

Modifications in the calculation of incomeE+W+S

75.  For the purposes of regulation 73 (amount of income support payable for part-weeks), a claimant’s income and the income of any person which the claimant is treated as possessing under section 22(5) of the Act or regulation 23(3) shall be calculated in accordance with Part V and, where applicable, VI subject to the following modifications—

(a)any income which is due to be paid in the relevant week shall be treated as paid on the first day of that week;

(b)any income support, unemployment benefit, [F304maternity allowance,] sickness or invalidity benefit, or severe disablement allowance under the Social Security Act payable in the relevant week but not in respect of any day in the part-week shall be disregarded;

(c)where the part-week occurs at the end of the claim, any income or any change in the amount of income of the same kind which is first payable within the relevant week but not on any day in the part-week shall be disregarded;

(d)where the part-week occurs immediately after a period in which a person was treated as engaged in remunerative work under regulation 5(5) (persons treated as engaged in remunerative work) any earnings which are taken into account for the purposes of determining that period shall be disregarded;

(e)where regulation 74(2) (relevant week) applies, any payment of income which—

(i)is the final payment in a series of payments of the same kind or, if there has been an interruption in such payments, the last one before the interruption;

(ii)is payable in respect of a period not exceeding a week; and

(iii)is due to be paid on a day which falls within both the first and second relevant weeks,

shall be taken into account in either the first relevant week or, if it is impracticable to take it into account in that week, in the second relevant week; but this paragraph shall not apply to a payment of income support, unemployment benefit, [F305maternity allowance,] sickness or invalidity benefit or severe disablement allowance under the Social Security Act;

(f)where regulation 74(2) applies, any payment of income which—

(i)is the final payment in a series of payments of the same kind or, if there has been an interruption in such payments, the last one before the interruption;

(ii)is payable in respect of a period exceeding a week but not exceeding 2 weeks; and

(iii)is due to be paid on a day which falls within both the first and second relevant weeks,

shall be disregarded; but this sub-paragraph shall not apply to a payment of income support, unemployment benefit, [F306maternity allowance,] sickness or invalidity benefit, or severe disablement allowance under the Social Security Act;

(g)where regulation 74(2) applies, if the weekly amount of any income which is due to be paid on a day which falls within both the first and second relevant weeks is more than the weekly amount of income of the same kind due to be paid in the last complete benefit week, the excess shall be disregarded;

(h)where only part of the weekly amount of income is taken into account in the relevant week, the balance shall be disregarded.

Textual Amendments

F304Words in reg. 75(b) inserted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 17

F305Words in reg. 75(e) inserted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 17

F306Words in reg. 75(f) inserted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 17

Reduction in certain casesE+W+S

76.  There shall be deducted from the amount of income support which would, but for this regulation, be payable for a part-week—

(a)in the case of a claimant to whom regulation 22(1) or (2) (reductions in weekly applicable amounts in certain cases of unemployment benefit disqualification) applies, the proportion of the relevant amount specified therein appropriate to the number of days in the part-week;

(b)where regulation 75(f) (modifications in the calculation of income) applies, one-half of the amount disregarded under regulation 75(f) less the weekly amount of any disregard under Schedule 8 or 9 appropriate to that payment.

Modification of section 23(5) of the ActE+W+S

77.  Where income support is payable for a part-week, section 23(5) of the Act (trade disputes) shall have effect as if the following paragraph were substituted for paragraph (b)—

“(b)any payment by way of income support for a part-week which apart from this paragraph would be made to him, or to a person whose applicable amount is aggregated with his—

(i)shall not be made if the payment for that part-week is equal to or less than the proportion of the relevant sum appropriate to the number of days in the part-week; or

(ii)if it is more than that proportion, shall be made at a rate equal to the difference.”]

Secretary of State for Social Services

Regulation 8

SCHEDULE 1E+W+SPERSONS NOT REQUIRED TO BE AVAILABLE FOR EMPLOYMENT

Lone parentsE+W+S

1.  A person who is a lone parent and responsible for a child who is a member of his household.

Commencement Information

I73Sch. 1 para. 1 in force at 11.4.1988, see reg. 1

Single persons looking after foster childrenE+W+S

2.  A single claimant or a lone parent with whom a child is boarded out by a local authority or voluntary organisation within the meaning of the Child Care Act 1980 F307 or, in Scotland, the Social Work (Scotland) Act 1968 F308.

Textual Amendments

Commencement Information

I74Sch. 1 para. 2 in force at 11.4.1988, see reg. 1

Persons temporarily looking after another personE+W+S

3.  A person who is—

(a)looking after a child because the parent of that child or the person who usually looks after him is ill or is temporarily absent from his home; or

(b)looking after a member of the family who is temporarily ill.

Commencement Information

I75Sch. 1 para. 3 in force at 11.4.1988, see reg. 1

Persons caring for another personE+W+S

4.  A person who is regularly and substantially engaged in caring for another person if—

(a)the person doing the caring is in receipt of an invalid care allowance under section 37 of the Social Security Act F309; or

(b)the person being cared for is in receipt of attendance allowance under section 35 of that Act; or

(c)the person being cared for has claimed attendance allowance under that section but only for the period up to the date of determination of that claim, or the period of 26 weeks from the date of that claim, whichever date is the earlier.

Textual Amendments

F3091975 c. 14; subsection (3) of section 37 amended by sections 37, 86 and Schedule 11 of the Social Security Act 1986 (c. 50).

Commencement Information

I76Sch. 1 para. 4 in force at 11.4.1988, see reg. 1

Persons incapable of workE+W+S

[F3105.  A person who provides evidence of incapacity in accordance with regulation 2 of the Social Security (Medical Evidence) Regulations 1976 (evidence of incapacity for work) in support of a claim for sickness benefit, invalidity pension or severe disablement allowance within the meaning of sections 14, 15 or 36 of the Social Security Act, provided that an adjudication officer has not determined that that person is not incapable of work, or a person who is in receipt of statutory sick pay within the meaning of Part I of the Social Security and Housing Benefits Act 1982.]

Textual Amendments

Commencement Information

I77Sch. 1 para. 5 in force at 11.4.1988, see reg. 1

Disabled workersE+W+S

6.  A person who is mentally or physically disabled and whose earning capacity is, by reason of that disability, reduced to 75 per cent or less of what he would, but for that disability, be reasonably expected to earn.

Commencement Information

I78Sch. 1 para. 6 in force at 11.4.1988, see reg. 1

Disabled studentsE+W+S

[F3117.  A person who is a student and whose applicable amount includes the disability premium or severe disability premium.

Textual Amendments

Commencement Information

I79Sch. 1 para. 7 in force at 11.4.1988, see reg. 1

7A.—(1) A person who is a student who—

(a)immediately before 1st September 1990 was in receipt of income support by virtue of paragraph 7 as then in force; or

(b)on or after that date makes a claim for income support and at a time during the period of 18 months immediately preceding the date of that claim was in receipt of income support either by virtue of that paragraph or regulation 13 (2) (b),

but this paragraph shall cease to apply where the person has ceased to be in receipt of income support for a continuous period of 18 months or more.]

Textual Amendments

[F3127B.—(1) A person who is a student in respect of whom—

(a)a supplementary requirement has been determined under paragraph 15 of Schedule 2 to the Education (Mandatory Awards) Regulations 1987 or the Education (Mandatory Awards) Regulations 1988, paragraph 12 of Schedule 2 to the Education (Mandatory Awards) Regulations 1989 or paragraph 12 of Schedule 2 to the Education (Mandatory Awards) Regulations 1990; or

(b)an allowance or, as the case may be, bursary has been granted which includes a sum under paragraph (1)(d) of regulation 6 of the Students' Allowances (Scotland) Regulations 1987 or, as the case may be, the Education Authority Bursaries (Scotland) Regulations 1988 in respect of expenses incurred; or

(c)a payment has been made under section 2 of the Education Act 1962,

on account of his disability by reason of deafness.

(2) A student to whom sub-paragraph (1) applies shall be treated as satisfying that sub-paragraph from the date on which he made a request for the supplementary requirement, allowance, bursary or payment, as the case may be, or 1st September 1990, whichever is later.]

Textual Amendments

Blind personsE+W+S

8.  A person who is a blind person registered in a register compiled by a local authority under section 29 of the National Assistance Act 1948 F313 (welfare services) or, in Scotland, who has been certified as blind in a register maintained by or on behalf of a regional or islands council, but a person who has ceased to be so registered on regaining his eyesight shall nevertheless be treated as so registered for a period of 28 weeks following the date on which he ceased to be so registered.

Textual Amendments

Commencement Information

I80Sch. 1 para. 8 in force at 11.4.1988, see reg. 1

PregnancyE+W+S

9.  A woman who—

(a)is incapable of work by reason of pregnancy; or

(b)is or has been pregnant but only for the period commencing 11 weeks before her expected week of confinement and ending seven weeks after the date on which her pregnancy ends.

Commencement Information

I81Sch. 1 para. 9 in force at 11.4.1988, see reg. 1

Persons in educationE+W+S

10.  A person to whom any provision of regulation 13(2)(a) to (e) (persons receiving relevant education who are parents, persons severely handicapped, orphans and persons estranged from their parents or guardian) applies.

Commencement Information

I82Sch. 1 para. 10 in force at 11.4.1988, see reg. 1

Training allowancesE+W+S

11.  A person who is in receipt of a training allowance.

Commencement Information

I83Sch. 1 para. 11 in force at 11.4.1988, see reg. 1

Open University studentsE+W+S

12.  A person who is following an Open University course and is attending, as a requirement of that course, a residential course.

Commencement Information

I84Sch. 1 para. 12 in force at 11.4.1988, see reg. 1

Persons within 10 years of pensionable ageE+W+S

13.  A person [F314aged not less than 50 who]—

(a)has not been in remunerative work during the previous 10 years; and

(b)has no prospect of future employment in remunerative work; and

(c)during that period has not been required to be available for employment in accordance with section 20(3)(d)(i) of the Act (conditions of entitlement to income support), or would not have been so required had a claim to income support been made by or in respect of him.

Textual Amendments

Commencement Information

I85Sch. 1 para. 13 in force at 11.4.1988, see reg. 1

Persons aged 60E+W+S

14.  A person aged not less than 60.

Commencement Information

I86Sch. 1 para. 14 in force at 11.4.1988, see reg. 1

Allowances under the Job Release Act 1977E+W+S

F31515.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I87Sch. 1 para. 15 in force at 11.4.1988, see reg. 1

RefugeesE+W+S

16.  F316... A person who is a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 F317 as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967 F318 and who—

(a)is attending for more than 15 hours a week a course for the purpose of learning English so that he may obtain employment; and

(b)on the date on which that course commenced, had been in Great Britain for not more than 12 months,

but only for a period not exceeding nine months.

Textual Amendments

F317Cmnd. 9171.

F318Cmnd. 3906.

Commencement Information

I88Sch. 1 para. 16 in force at 11.4.1988, see reg. 1

Persons required to attend courtE+W+S

17.  A person who is required to attend court for any period exceeding two days as a justice of the peace, a party to any proceedings, a witness or a juror.

Commencement Information

I89Sch. 1 para. 17 in force at 11.4.1988, see reg. 1

Discharged prisonersE+W+S

18.  A person who has been discharged from detention in a prison, remand centre or youth custody institution but only for the period of seven days commencing with the date of his discharge.

Commencement Information

I90Sch. 1 para. 18 in force at 11.4.1988, see reg. 1

Persons affected by a trade disputeE+W+S

19.  A person to whom section 23 of the Act (trade disputes) applies or in respect of whom section 20(3) of the Act (conditions of entitlement to income support) has effect as modified by [F319section 23A(b) of the Act (effect of return to work).]

Textual Amendments

Commencement Information

I91Sch. 1 para. 19 in force at 11.4.1988, see reg. 1

Persons from abroadE+W+S

20.  A person to whom regulation 70(3) (applicable amount of certain persons from abroad) applies.

Commencement Information

I92Sch. 1 para. 20 in force at 11.4.1988, see reg. 1

Persons in custodyE+W+S

21.  A person remanded in, or committed in, custody for trial or for sentencing.

Commencement Information

I93Sch. 1 para. 21 in force at 11.4.1988, see reg. 1

[F320Member of couple looking after children while other member temporarily abroadE+W+S

22.  A person who is a member of a couple and who is treated as responsible for a child who is a member of his household where the other member of that couple is temporarily [F321not present in the United Kingdom].]

Textual Amendments

[F322Persons taking a child or young person abroad for treatmentE+W+S

23.  A person who is temporarily absent from Great Britain in the circumstances specified in regulation 4(3) (temporary absence abroad for the treatment of the child or young person).]

Textual Amendments

F322Sch. 1 para. 23 added (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 15

Regulation 13A

[F323SCHEDULE 1AE+W+SCIRCUMSTANCES IN WHICH A PERSON AGED 16 OR 17 IS ELIGIBLE FOR INCOME SUPPORT

Textual Amendments

PART IE+W+SPERS0NS ELIGIBLE UNTIL 18

1.  A person who is not required to be available for employment under any of the following paragraphs of Schedule 1 (persons not required to be available for employment)–E+W+S

paragraph 1(lone parents)
paragraph 2(single persons looking after foster children)
paragraph 3(persons temporarily looking after another person)
paragraph 4(persons caring for another person)
paragraph 8(blind persons)
paragraph 9(pregnancy)
paragraph 10(persons in education)
paragraph 11(training allowances)
paragraph 16(refugees)
paragraph 20(persons from abroad).
paragraph 22(member of couple looking after children while other member temporarily abroad).
[F324paragraph 23 (persons taking a child or young person abroad for treatment).]

Textual Amendments

F324Words in Sch. 1A para. 1 added (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 16

2.  A person who is incapable of work and training under the youth training scheme, by reason of some disease or bodily or mental disablement if, in the opinion of a medical practitioner, that incapacity is unlikely to end within 12 months because of the severity of that disease or disablement.E+W+S

3.  A person who is a member of a couple and is treated as responsible for a child who is a member of his household.E+W+S

4.  A person who is temporarily laid off employment and is available to be re-engaged in that employment.E+W+S

PART IIE+W+SPERS0NS ELIGIBLE UNTIL THE RELEVANT DATE DETERMINED UNDER REGULATION 13A(3)(b)

5.  A registered person who is a member of a married couple where the other member of that couple is aged not less than 18 or is a registered person or a person to whom Part I of this Schedule applies.E+W+S

6.  A registered person who has no parent nor any person acting in the place of his parents.E+W+S

7.  A registered person who–E+W+S

(a)is not living with his parents nor any person acting in the place of his parents; and

(b)was in the care of a local authority under a relevant enactment and whilst in that care was not living with his parents or any close relative, or was in custody in any institution to which the Prison Act 1952 applied or under the Criminal Procedure (Scotland) Act 1975 immediately before he attained the age of 16.

8.  A registered person who is in accommodation which is other than his parental home, or the home of a person acting in the place of his parents, who entered that accommodation–E+W+S

(a)as part of a programme of rehabilitation or resettlement, that programme being under the supervision of the probation service or a local authority; or

(b)in order to avoid physical or sexual abuse; or

(c)because of a mental or physical handicap or illness and needs such accommodation because of his handicap or illness.

9.  A registered person who is living away from his parents and any person who is acting in the place of his parents in a case where his parents are or, as the case may be, that person is, unable financially to support him and his parents are, or that person is–E+W+S

(a)chronically sick or mentally or physically disabled; or

(b)detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court; or

(c)prohibited from entering or re-entering Great Britain.

[F3259A.  A registered person who of necessity has to live away from his parents or any person acting in the place of his parents because–E+W+S

(a)he is estranged from his parents or that person; or

(b)he is in physical or moral danger; or

(c)there is a serious risk to his physical or mental health.]

Textual Amendments

10.  In this Schedule–E+W+S

(a)any reference to a person acting in the place of a registered person’s parents includes a reference to a local authority or voluntary organisation where the registered person is in their care under a relevant enactment, or to a person with whom the registered person is boarded out by a local authority or voluntary organisation whether or not any payment is made by them; and

(b)“chronically sick or mentally or physically disabled” has the same meaning as in regulation 13(3)(b) (circumstances in which persons in relevant education are to be entitled to income support).]

Regulations 17[F326(1)] and 18

SCHEDULE 2E+W+SAPPLICABLE AMOUNTS

Textual Amendments

Regulations 17[F326(1)](a) and (b) and 18(a) (b) and (c)

PART IE+W+Spersonal allowances

1.  The weekly amounts specified in column (2) below in respect of each person or couple specified in column (1) shall be the weekly amounts specified for the purposes of regulations 17[F326(1)](a) and [F32718(1)] and (b) (applicable amounts and polygamous marriages).E+W+S

Column (1)Column (2)
Person or CoupleAmount

[F328(1)  Single claimant aged–E+W+S

(a)except where head (b) or (c) of this sub-paragraph applies, less than 18;

(a)£21.90;

(b)less than 18 who falls within any of the circumstances specified in Part II of Schedule 1A or who, had he been a registered person, would fall within any of those circumstances and who–

(i)is eligible for income support under regulation 13A; or

(ii)is the subject of a direction under section 20(4A) of the Act;

(b)£28.80;

(c)less than 18 who satisfies the condition in paragraph 11(a);

(c)£28.80;

(d)not less than 18 but less than 25;

(d)£28.80;

(e)not less than 25.

(e)£36.70;

(2) Lone parent aged—

(a)except where head (b) or (c) of this sub-paragraph applies, less than 18;

(a)£21.90;

(b)less than 18 who falls within any of the circumstances specified in Part II of Schedule 1A or who, had he been a registered person, would fall within any of those circumstances and who–

(i)is eligible for income support under regulation 13A; or

(ii)is the subject of a direction under section 20(4A) of the Act;

(b)£28.80;

(c)less than 18 who satisfies the condition in paragraph 11(a);

(c)£28.80;

(d)not less than 18.

(d)£36.70.]

[F329(3) Couple–

(a)where both members are persons aged less than 18

(a)[F330£43.80]; and

(i)at least one of them is treated as responsible for a child; or

(ii)had they not been members of a couple, each would be eligible for income support under regulation 13A (circumstances in which a person aged 16 or 17 is eligible for income support); or

(iii)they are married and each member is either a registered person or a person to whom Part I of Schedule 1A applies; or

(iv)there is a direction under section 20(4A) of the Act (income support to avoid severe hardship) in respect of each member; or

(v)there is a direction under section 20(4A) of the Act in respect of one of them and the other is eligible for income support under regulation 13A;

[F331(aa)where both members are aged less than 18 and sub-paragraph (3)(a) does not apply but one member of the couple [F332falls within any of the circumstances specified in Part II of Schedule 1A or who, had he been a registered person, would fall within any of those circumstances and that member]–

(i)is eligible for income support under regulation 13A; or

(ii)is the subject of a direction under section 20(4A) of the Act.

(aa)[F330£28.80].]

(b)where both members are aged less than 18 and sub–paragraph (3)(a) [F333or (aa)] above does not apply but one member of the couple–

(b)[F330£21.90].

(i)is eligible for income support under regulation 13A; or

(ii)is the subject of a direction under section 20(4A);

(c)where both members are aged not less than 18;

(c)[F330£57.60].

(d)where one member is aged not less than 18 and the other member is a person under 18 who–

(d)[F330£57.60].

(i)is eligible for income support under regulation 13A; or

(ii)is the subject of a direction under section 20(4A);

(e)where one member is aged not less than 18 but less than 25 and the other member is a person under 18 who–

(e)[F330£28.80].

(i)is not eligible for income support under regulation 13A; or

(ii)is not the subject of a direction under section 20(4A);

(f)where one member is aged not less than 25 and the other member is a person under 18 who–

(f)[F330£36.70].

(i)is not eligible for income support under regulation 13A; and

(ii)is not the subject of a direction under section 20(4A).]

Textual Amendments

F328Sch. 2 para. 1(1)(2) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) Amendment No. 2 Regulations 1990 (S.I. 1990/1168), regs. 1(1)(a), 2

F330Sch. 2 Pt. I sums amended (coming into force in accordance with art. 1(2)(e) of the amending S.I.) by The Social Security Benefits Up-rating Order 1990 (S.I. 1990/320), arts. 1(2)(e), 14(3), Sch. 3

Commencement Information

I94Sch. 2 para. 1 in force at 11.4.1988, see reg. 1

2.  The weekly amounts specified in column (2) below in respect of each person specified in column (1) shall be the weekly amounts specified for the purposes of regulations 17[F326(1)](b) and [F33418(1)(c)].E+W+S

Column (1)Column (2)
Child or Young PersonAmount
Person aged—

(a)less than 11;

(a)[F330£12.35];

(b)not less than 11 but less than 16;

(b)[F330£18.25];

(c)not less than 16 but less than 18;

(c)[F330£21.90];

(d)not less than 18.

(d)[F330£28.80].

Textual Amendments

F330Sch. 2 Pt. I sums amended (coming into force in accordance with art. 1(2)(e) of the amending S.I.) by The Social Security Benefits Up-rating Order 1990 (S.I. 1990/320), arts. 1(2)(e), 14(3), Sch. 3

Commencement Information

I95Sch. 2 para. 2 in force at 11.4.1988, see reg. 1

Regulations 17[F326(1)](c) and 18(d)

PART IIE+W+Sfamily premium

3.  The weekly amount for the purposes of regulations 17[F326(1)](c) [F335and 18(1)](d) in respect of a family of which at least one member is a child or young person shall be [F336£7.35].E+W+S

Textual Amendments

F336Sum in Sch. 2 Pt. II para. 3 substituted (coming into force in accordance with art. 1(2)(e) of the amending S.I.) by The Social Security Benefits Up-rating Order 1990 (S.I. 1990/320), arts. 1(2)(e), 14(4)

Commencement Information

I96Sch. 2 para. 3 in force at 11.4.1988, see reg. 1

Regulations 17[F326(1)](d) and 18(e)

PART IIIE+W+Spremiums

4.  Except as provided in paragraph 5, the weekly premiums specified in Part IV of this Schedule shall, for the purposes of regulations 17[F326(1)](d) [F337and 18(1)](e), be applicable to a claimant who satisfies the condition specified in paragraphs [F3388 to 14ZA] in respect of that premium.E+W+S

Textual Amendments

Commencement Information

I97Sch. 2 para. 4 in force at 11.4.1988, see reg. 1

5.  Subject to paragraph 6, where a claimant satisfies the conditions in respect of more than one premium in this Part of this Schedule, only one premium shall be applicable to him and, if they are different amounts, the higher or highest amount shall apply.E+W+S

Commencement Information

I98Sch. 2 para. 5 in force at 11.4.1988, see reg. 1

6.—(1) The severe disability premium to which paragraph 13 applies may be applicable in addition to [F339any other premium which may apply under this Schedule.] E+W+S

(2) [F340The disabled child premium and the carer premium to which paragraphs 14 and 14ZA respectively apply] may be applicable in addition to any other premium which may apply under this Schedule.

Textual Amendments

Commencement Information

I99Sch. 2 para. 6 in force at 11.4.1988, see reg. 1

7.— [F341(1)]  [F342Subject to sub-paragraph (2)] for the purposes of this Part of this Schedule, once a premium is applicable to claimant under this Part, a person shall be treated as being in receipt of any benefit—

(a)in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations 1979 F343 applies, for any period during which, apart from the provisions of those Regulations, he would be in receipt of that benefit; and

(b)for any period spent by a person in undertaking a course of training or instruction provided or approved by the [F344Training Commission] under section 2 of the Employment and Training Act 1973 F345 [F346or for any period during which he is in receipt of a training allowance].

[F347(2) For the purposes of the carer premium under paragraph 14ZA, a person shall be treated as being in receipt of invalid care allowance by virtue of sub-paragraph (1)(a) only if and for so long as the person in respect of whose care the allowance has been claimed remains in receipt of attendance allowance.]

Textual Amendments

F341 Sch. 2 para. 7 renumbered as Sch. 7 para. 7(1) (1.10.1990) by The Income Support (General) Amendment No. 3 Regulations 1990 (S.I. 1990/1776), regs. 1(1)(a), 8(c)(i) (with reg. 1(2))

F344Words in Sch. 2 para. 7(b) substituted (28.5.1988) by Employment Act 1988 (1988 c. 19), s. 24(3), 34

F3451973 c. 50 as amended by sections 9 and 11 and Schedule 2 Part II paragraph 9 and Schedule 3 of the Employment and Training Act 1981 (c. 57).

Commencement Information

I100Sch. 2 para. 7 in force at 11.4.1988, see reg. 1

Lone Parent PremiumE+W+S

8.  The condition is that the claimant is a member of a family but has no partner.

Commencement Information

I101Sch. 2 para. 8 in force at 11.4.1988, see reg. 1

[F348Pensioner premium for persons under 75E+W+S

9.  The condition is that the claimant–

(a)is a single claimant or lone parent aged not less than 60 but less than 75; or

(b)has a partner and is, or his partner is, aged not less than 60 but less than 75.

Textual Amendments

F348 Sch. 2 paras. 9-9A substituted for Sch. 2 para. 9 (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 5(a)

Commencement Information

I102Sch. 2 para. 9 in force at 11.4.1988, see reg. 1

Pensioner premium for persons 75 and overE+W+S

9A.  The condition is that the claimant–

(a)is a single claimant or lone parent aged not less than 75 but less than 80; or

(b)has a partner and is, or his partner is, aged not less than 75 but less than 80.]

Textual Amendments

F348 Sch. 2 paras. 9-9A substituted for Sch. 2 para. 9 (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 5(a)

Higher Pensioner PremiumE+W+S

10.—(1) Where the claimant is a single claimant or a lone parent, the condition is that—

(a)he is aged not less than 80; or

(b)he is aged less than 80 but not less than 60, and

(i)the additional condition specified in paragraph 12(1)(a) [F349or (c)] is satisfied; or

(ii)he was entitled to income support and the disability premium was applicable to him in respect of a benefit week within eight weeks of his 60th birthday and he has, subject to sub-paragraph (3), remained continuously entitled to income support since attaining that age.

(2) Where the claimant has a partner, the condition is that—

(a)he or his partner is aged not less than 80; or

(b)he or his partner is aged less than 80 but not less than 60 and either—

(i)the additional condition specified in paragraph 12(1)(a) [F349or (c)] is satisfied by whichever of them is aged not less than 60; or

(ii)he was entitled to income support and the disability premium was applicable to him in respect of a benefit week within eight weeks of his 60th birthday and he has, subject to sub-paragraph (3), remained continuously entitled to income support since attaining that age.

(3) For the purposes of this paragraph and paragraph 12—

(a)once the higher pensioner premium is applicable to a claimant, if he then ceases, for a period of eight weeks or less, to be entitled to income support, he shall, on becoming re-entitled to income support, thereafter be treated as having been continuously entitled thereto;

(b)in so far as sub-paragraphs (1)(b)(ii) and (2)(b)(ii) are concerned, if a claimant ceases to be entitled to income support for a period not exceeding eight weeks which includes his 60th birthday, he shall, on becoming re-entitled to income support, thereafter be treated as having been continuously entitled thereto.

Textual Amendments

Commencement Information

I103Sch. 2 para. 10 in force at 11.4.1988, see reg. 1

Disability PremiumE+W+S

11.  The condition is that—

(a)where the claimant is a single claimant or a lone parent, he is aged less than 60 and the additional condition specified in paragraph 12 is satisfied; or

(b)where the claimant has a partner, either—

(i)the claimant is aged less than 60 and the additional condition specified in paragraph [F35012(1)(a), (b) or (c)] is satisfied by him; or

(ii)his partner is aged less than 60 and the additional condition specified in paragraph 12(1)(a) [F351or (c)] is satisfied by his partner.

Textual Amendments

F350Words in Sch. 2 para. 11(b)(i) substituted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 29(b)(i)

Commencement Information

I104Sch. 2 para. 11 in force at 11.4.1988, see reg. 1

Additional condition for the Higher Pensioner and Disability PremiumsE+W+S

12.—(1) Subject to sub-paragraph (2) and paragraph 7 the additional condition referred to in paragraphs 10 and 11 is that either—

(a)the claimant or, as the case may be, his partner—

(i)is in receipt of one or more of the following benefits: attendance allowance, mobility allowance, mobility supplement, invalidity pension under section 15 of the Social Security Act F352, or severe disablement allowance under section 36 of that Act F353 [F354but, in the case of invalidity pension or severe disablement allowance only where it is paid in respect of him]; or

(ii)is provided by the Secretary of State with an invalid carriage or other vehicle under section 5(2) of the National Health Service Act 1977 F355 (other services) or, in Scotland, under section 46 of the National Health Service (Scotland) Act 1978 F356 (provision of vehicles) or receives payments by way of grant from the Secretary of State under paragraph 2 of Schedule 2 to that 1977 Act (additional provisions as to vehicles) or, in Scotland, under that section 46; or

(iii)is registered as blind in a register compiled by a local authority under section 29 of the National Assistance Act 1948 F357 (welfare services) or, in Scotland, has been certified as blind and in consequence he is registered as blind in a register maintained by or on behalf of a regional or islands council; or

[F358(b)the circumstances of the claimant fall, and have fallen, in respect of a continuous period of not less than 28 weeks, within paragraph 5 of Schedule 1 or, if he was in Northern Ireland for the whole or part of that period, within one or more comparable Northern Irish provisions;]

(c)the claimant or, as the case may be, his partner was in receipt of either—

(i)mobility allowance or invalidity pension under section 15 of the Social Security Act when entitlement to that benefit ceased [F359either on account of the maximum age for this payment being reached or the payment of a retirement pension under the Social Security Act] and the claimant has since remained continuously entitled to income support and, if the mobility allowance or invalidity pension was payable to his partner, the partner is still alive; or

(ii)except where paragraph 1(a), (b), (c)(ii) or (d)(ii) of Schedule 7 (patients) applies, attendance allowance which is no longer in payment solely on account of the claimant or, as the case may be, his partner having undergone or having been treated as undergoing treatment for a period of more than four weeks by virtue of regulation 5 of the Social Security (Attendance Allowance) (No. 2) Regulations 1975 F360

and, in either case, the higher pensioner premium or disability premium has been applicable to the claimant or his partner.

(2) For the purposes of sub-paragraph (1)(a)(iii), a person who has ceased to be registered as blind on regaining his eyesight shall nevertheless be treated as blind and as satisfying the additional condition set out in that sub-paragraph for a period of 28 weeks following the date on which he ceased to be so registered.

(3) For the purposes of sub-paragraph (1)(b), once the disability premium is applicable to a claimant by virtue of his satisfying the condition specified in that provision, if he then ceases, for a period of eight weeks or less, to be treated as incapable of work for the purposes of the provisions specified in that provision he shall, on again becoming so incapable of work, immediately thereafter be treated as satisfying the condition in sub-paragraph (1)(b).

(4) For the purpose of sub-paragraph (1)(c), once the higher pensioner premium is applicable to the claimant by virtue of his satisfying the condition specified in that provision, if he then ceases, for a period of eight weeks or less, to be entitled to income support, he shall on again becoming so entitled to income support, immediately thereafter be treated as satisfying the condition in sub-paragraph (1)(c).

[F361(5) For the purposes of sub-paragraph (1)(b), once the disability premium is applicable to a claimant by virtue of his satisfying the additional condition specified in that provision, he shall continue to be treated as satisfying that condition for any period spent by him in undertaking a course of training provided under section 2 of the Employment and Training Act 1973 [F362or for any period during which he is in receipt of a training allowance].]

Textual Amendments

F353Section 36 was substituted by the Health and Social Security Act 1984 (c. 48), section 11; and subsection (4A) of that section inserted by the Social Security Act 1985 (c. 53), Schedule 4, paragraph 3.

F354Words in Sch. 2 para. 12(1)(a)(i) inserted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 29(c)(i)

F3551977 c. 49; section 5(2) amended and subsection (2A) added by section 1 of the Public Health Laboratory Service Act 1979 (c. 23) and subsection (2B) added by section 9 of the Health and Social Security Act 1984 (c. 48).

F3571948 c. 29; section 29 was amended by section 1(2) of the National Assistance (Amendment) Act 1959 (c. 30); the Mental Health (Scotland) Act 1960 (c. 61) sections 113 and 114 and Schedule 4; the Local Government Act 1972 (c. 70) Schedule 23 paragraph 2; the Employment and Training Act 1973 (c. 50) Schedule 3 paragraph 3; the National Health Service Act 1977 (c. 49) Schedule 15 paragraph 6; and the Health and Social Services and Social Security Adjudications Act 1983 (c. 41) Schedule 10 Part I.

F359Words in Sch. 2 para. 12(1)(c)(i) substituted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 5(b)

F360S.I. 1975/548; the relevant amending instrument is S.I.1983/1015.

Commencement Information

I105Sch. 2 para. 12 in force at 11.4.1988, see reg. 1

Severe Disability PremiumE+W+S

13.—(1) The condition is that the claimant is a severely disabled person.

(2) For the purposes of sub-paragraph (1), a claimant shall be treated as being a severely disabled person if, and only if—

(a)in the case of a single claimant or a lone parent—

(i)he is in receipt of attendance allowance, and

(ii)subject to sub-paragraph (3), he has no non-dependants aged 18 or over residing with him, and

(iii)F363... an invalid care allowance under section 37 of the Social Security Act F364 [F365is not in payment to anyone] in respect of caring for him;

(b)if he has a partner—

(i)he is in receipt of attendance allowance; and

(ii)his partner is also in receipt of such an allowance or, if he is a member of a polygamous marriage, all the partners of that marriage are in receipt thereof; and

(iii)subject to sub-paragraph (3), he has no non-dependants aged 18 or over residing with him,

and, either [F366an invalid care allowance is in payment to someone] in respect of caring for only one of the couple or, in the case of a polygamous marriage, for one or more but not all the partners of the marriage, or, as the case maybe, [F366such an allowance is not in payment to anyone] in respect of caring for either member of the couple or any partner of the polygamous marriage.

(3) For the purposes of sub-paragraph (2)(a)(ii) and (2)(b)(iii) no account shall be taken of—

(a)a person receiving attendance allowance; or

(b)a person to whom regulation 3(3) (non-dependants) applies; or

(c)subject to sub-paragraph (4), a person who joins the claimant's household for the first time in order to care for the claimant or his partner and immediately before so joining the claimant or his partner was treated as a severely disabled person.

[F367(3A) For the purposes of sub-paragraph (2)(b) a person shall be treated as being in receipt of—

(a)attendance allowance if he would, but for his being a patient for a period exceeding 28 days, be so in receipt;

(b)invalid care allowance if he would, but for the person for whom he was caring being a patient in hospital for a period exceeding 28 days, be so in receipt.]

(4) Sub-paragraph (3)(c) shall apply only for the first 12 weeks following the date on which the person to whom that provision applies first joins the claimant's household.

Textual Amendments

F363Words in Sch. 2 para. 13(2)(a)(iii) omitted (9.10.1989) by virtue of The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(a), 6(f)(i)

Commencement Information

I106Sch. 2 para. 13 in force at 11.4.1988, see reg. 1

Disabled Child PremiumE+W+S

14.  The condition is that a child or young person for whom the claimant or a partner of his is responsible and who is a member of the claimant's household—

(a)has no capital or capital which, if calculated in accordance with Part V in like manner as for the claimant, except where otherwise provided, would not exceed £3,000; and

(b)is in receipt of attendance allowance or mobility allowance or both or is no longer in receipt of that allowance because he is a patient provided that the child or young person continues to be a member of the family; or

(c)is blind or treated as blind within the meaning of paragraph 12(1)(a)(iii) and (2).

Modifications etc. (not altering text)

C9Sch. 2 Pt. III para. 14(a) sum confirmed (coming into force in accordance with art. 1(2)(e) of the amending S.I.) by The Social Security Benefits Up-rating Order 1990 (S.I. 1990/320), arts. 1(2)(e), 14(2)

Commencement Information

I107Sch. 2 para. 14 in force at 11.4.1988, see reg. 1

[F368Carer premiumE+W+S

14ZA.—(1) The condition is that the claimant or his partner is, or both of them are, in receipt of invalid care allowance under section 37 of the Social Security Act.

(2) If a claimant or his partner, or both of them, would be in receipt of invalid care allowance but for the provisions of the Social Security (Overlapping Benefits) Regulations 1979, where–

(a)the claim for that allowance was made on or after 1st October 1990, and

(b)the person or persons in respect of whose care the allowance has been claimed remains or remain in receipt of attendance allowance,

he or his partner, or both of them, as the case may be, shall be treated for the purposes of sub-paragraph (1) as being in receipt of invalid care allowance.]

Textual Amendments

[F369Persons in receipt of concessionary paymentsE+W+S

14A.  For the purpose of determining whether a premium is applicable to a person under paragraphs 12 to 14, any concessionary payment made to compensate that person for the non-payment of any benefit mentioned in those paragraphs shall be treated as if it were a payment of that benefit.]

Textual Amendments

[F370Person in receipt of benefitE+W+S

14B.  For the purposes of this Part of this Schedule, a person shall be regarded as being in receipt of any benefit if, and only if, it is paid in respect of him and shall be so regarded only for any period in respect of which that benefit is paid.]

Textual Amendments

F370Sch. 2 para. 14B inserted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 17

PART IVE+W+Sweekly amounts of premiums specified in part iii

Commencement Information

I108Sch. 2 Pt. IV in force at 11.4.1988, see reg. 1

PremiumAmount

15.—(1) Lone parent premium.

(1) [F371£4.10].

[F372(2) Pensioner premium for persons aged under 75–

(a)where the claimant satisfies the condition in paragraph 9(a);

(2) (a) [F371£11.80];

(b)where the claimant satisfies the condition in paragraph 9(b);

(b)[F371£17.95].

(2A) Pensioner premium for persons aged 75 and over–

(a)where the claimant satisfies the condition in paragraph 9A(a);

(2A) (a) [F371£14.40];

(b)where the claimant satisfies the condition in paragraph 9A(b);

(b)[F371£21.60].]

(3) Higher Pensioner Premium—

(a)where the claimant satisfies the condition in paragraph 10(1)(a) or (b);

(3) (a) [F371£17.05];

(b)where the claimant satisfies the condition in paragraph 10(2)(a) or (b);

(b)[F371£24.25].

(4) Disability Premium—

(a)where the claimant satisfies the condition in paragraph 11(a);

(4) (a) [F371£15.40];

(b)where the claimant satisfies the condition in paragraph 11(b).

(b)[F371£22.10].

(5) Severe Disability Premium—

(a)where the claimant satisfies the condition in paragraph 13(2)(a);

(5) (a) [F371£28.20];

(b)where the claimant satisfies the condition in paragraph 13(2)(b)—

(i)if there is someone in receipt of an invalid care allowance [F373or if he or any partner satisfies that condition only by virtue of paragraph 13(3A)];

(b)(i)[F371£28.20].

(ii)if no-one is in receipt of such an allowance.

(ii)[F371£56.40].

(6) Disabled Child Premium.

(6) [F371£15.40] in respect of each child or young person in respect of whom the conditions specified in paragraph 14 are satisfied.

[F374(7) Carer Premium

(7) £10 in respect of each person who satisfied the condition specified in paragraph 14ZA.]

Textual Amendments

F371Sch. 2 Pt. IV sums amended (coming into force in accordance with art. 1(2)(e) of the amending S.I.) by The Social Security Benefits Up-rating Order 1990 (S.I. 1990/320), arts. 1(2)(e), 14(5), Sch. 4

F372Sch. 2 para. 15(2)(2A) substituted for Sch. 2 para. 15(2) (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 5(c)(i)

PART VE+W+Srounding of fractions

16.  Where income support is awarded for a period which is not a complete benefit week and the applicable amount in respect of that period results in an amount which includes a fraction of a penny that fraction shall be treated as a penny.E+W+S

Commencement Information

I109Sch. 2 para. 16 in force at 11.4.1988, see reg. 1

Regulations 17(e) and 18(f)

SCHEDULE 3E+W+SHOUSING COSTS

Eligible Housing CostsE+W+S

1.  Subject to the following provisions of this Schedule, the amounts which may be applicable to a person in respect of mortgage interest payments or other prescribed housing costs under [F375regulation 17(1)(e) or 18(1)(f)] (applicable amounts) are—

(a)mortgage interest payments;

[F376(aa)interest payments under a hire purchase agreement to buy the dwelling occupied as a home;]

(b)interest on loans for repairs and improvements to the dwelling occupied as the home;

[F377(c)payments by way of rent or ground rent relating to a long tenancy and, in Scotland, payments by way of feu duty,]

(d)payments under a co-ownership scheme;

(e)payments under or relating to a tenancy or licence of a Crown tenant;

(f)service charges;

(g)where the dwelling occupied as the home is a tent, payments in respect of the tent and the site on which it stands;

(h)payments analogous to those mentioned in this paragraph.

Textual Amendments

Commencement Information

I110Sch. 3 para. 1 in force at 11.4.1988, see reg. 1

Basic condition of entitlement to housing costsE+W+S

2.  Subject to the following provisions of this Schedule, the housing costs referred to in paragraph 1 shall be met where the claimant, or if he is one of a family, he or any member of his family is treated as responsible for the expenditure to which that cost relates in respect of the dwelling occupied as the home which he or any member of his family is treated as occupying.

Commencement Information

I111Sch. 3 para. 2 in force at 11.4.1988, see reg. 1

Circumstances in which a person is treated as responsible for housing costsE+W+S

3.—(1) A person is to be treated as responsible for the expenditure which relates to housing costs where—

(a)he or his partner is liable to meet those costs other than to a member of the same household;

(b)because the person liable to meet those costs is not doing so, he has to meet those costs in order to continue to live in the dwelling occupied as the home and either he was formerly the partner of the person liable, or he is some other person whom it is reasonable to treat as liable to meet the cost;

(c)he in practice shares those costs with other members of his household, other than close relatives of his or his partner, at least one of whom either is responsible under the preceding provisions of this paragraph or has an equivalent responsibility for housing benefit expenditure and for which it is reasonable in the circumstances to treat him as sharing responsibility.

(2) Where any one or more, but not all, members of the claimant's family are affected by a trade dispute, the housing costs shall be treated as those of those members of the family not so affected.

Commencement Information

I112Sch. 3 para. 3 in force at 11.4.1988, see reg. 1

Circumstances in which a person is or is not to be treated as occupying a dwelling as his homeE+W+S

4.—(1) Subject to the following provisions of this paragraph, a person shall be treated as occupying as his home the dwelling normally occupied as his home by himself or, if he is a member of a family, by himself and his family and he shall not be treated as occupying any other dwelling as his home.

(2) In determining whether a dwelling is the dwelling normally occupied as the claimant's home for the purposes of sub-paragraph (1) regard shall be had to any other dwelling occupied by the claimant or by him and his family whether or not that dwelling is in Great Britain.

(3) Subject to sub-paragraph (4) where a single claimant or a lone parent is a student or is on a training course and is liable to make payments (including payments of mortgage interest or, in Scotland, payments under heritable securities or, in either case, analogous payments) in respect of either (but not both) the dwelling which he occupies for the purpose of attending his course of study or his training course or, as the case may be, the dwelling which he occupies when not attending his course, he shall be treated as occupying as his home the dwelling in respect of which he is liable to make payments.

(4) A full-time student shall not be treated as occupying a dwelling as his home for any week of absence from it, other than an absence occasioned by the need to enter hospital for treatment, outside the period of study, if the main purpose of his occupation during the period of study would be to facilitate attendance on his course.

(5) Where a claimant has been required to move into temporary accommodation by reason of essential repairs being carried out to the dwelling normally occupied as his home and he is liable to make payments (including payments of mortgage interest or, in Scotland, payments under heritable securities or, in either case analogous payments) in respect of either (but not both) the dwelling normally occupied or the temporary accommodation, he shall be treated as occupying as his home the dwelling in respect of which he is liable to make payments.

(6) Where a person is liable to make payments in respect of two (but not more than two) dwellings, he shall be treated as occupying both dwellings as his home only—

(a)where he has left and remains absent from the former dwelling occupied as the home through fear of violence in that dwelling or by a former member of his family and it is reasonable that housing costs should be met in respect of both his former dwelling and his present dwelling occupied as the home; or

(b)in the case of a couple or a member of a polygamous marriage where a partner is a student or is on a training course and it is unavoidable that he or they should occupy two separate dwellings and reasonable that housing costs should be met in respect of both dwellings;

(c)in the case where a person has moved into a new dwelling occupied as the home, except where sub-paragraph (5) applies, for a period not exceeding four benefit weeks if his liability to make payments in respect of two dwellings is unavoidable.

(7) Where a person—

(a)has moved into a dwelling and was liable to make payments in respect of that dwelling before moving in; and

(b)had claimed income support before moving in and either that claim has not yet been determined or it has been determined but an amount has not been included under this Schedule and if the claim has been refused a further claim has been made within four weeks of the date on which the claimant moved into the new dwelling occupied as the home; and

(c)the delay in moving into the dwelling in respect of which there was liability to make payments before moving in was reasonable and—

(i)that delay was necessary in order to adapt the dwelling to meet the disablement needs of the claimant or any member of his family; or

(ii)the move was delayed pending the outcome of an application under Part III of the Act for a social fund payment to meet a need arising out of the move or in connection with setting up the home in the dwelling and either a member of the claimant's family is aged five or under or the claimant's applicable amount includes a premium under [F378paragraph 9, 9A,] 10, 11, 13 or 14 of Schedule 2; or

(iii)the person became liable to make payments in respect of the dwelling while he was a patient or in residential accommodation, he shall be treated as occupying the dwelling as his home for any period not exceeding four weeks immediately prior to the date on which he moved into the dwelling and in respect of which he was liable to make payments.

(8) A person shall be treated as occupying a dwelling as his home for a period not exceeding 52 weeks while he is temporarily absent therefrom only if—

(a)he intends to return to occupy the dwelling as his home; and

(b)the part of the dwelling normally occupied by him has not been let or, as the case may be, sub-let; and

(c)the period of absence is unlikely to exceed 52 weeks, or, in exceptional circumstances, (for example where the person is in hospital or otherwise has no control over the length of his absence) is unlikely substantially to exceed that period.

(9) In this paragraph—

(a)“patient” means a person who is undergoing medical or other treatment as an in-patient in any hospital or similar institution;

(b)“residential accommodation” means accommodation—

(i)provided under sections 21 to 24 and 26 of the National Assistance Act 1948 F379 (provision of accommodation); or

(ii)section 21(1) of, and paragraph 1 or 2 of Schedule 8 to, the National Health Service Act 1977 F380 (prevention, care and after-care) [F381where board is available to the claimant]; or

(iii)provided under section 59 of the Social Work (Scotland) Act 1968 F382 (provision of residential and other establishments) where board is available to the claimant; or

(iv)which is a residential care home within the meaning of that expression in regulation 19(3) (persons in residential care or nursing homes) other than sub-paragraph (b) of that definition; or

(v)which is a nursing home;

(c)“training course” means such a course as is referred to in sub-paragraph (c) of the definition of training allowance in regulation 2(1) (interpretation).

Textual Amendments

F378Words in Sch. 3 para. 4(7)(c)(ii) substituted (with effect in accordance with reg. 1(1)(a) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 6(a)(i)

F3791948, c. 29; section 21 was amended by the Local Government Act 1972 (c. 70), Schedule 23 paragraphs 1 and 2 and Schedule 30; the National Health Service Reorganisation Act 1973 (c. 32), Schedule 4 paragraph 44 and Schedule 5; the Housing (Homeless Persons) Act 1977 (c. 48), Schedule; the National Health Service Act 1977 (c. 49), Schedule 15 paragraph 5; the Health Services Act 1980 (c. 53), Schedule 1 Part I paragraph 5. Section 22 was amended by the Social Work (Scotland) Act 1968 (c. 49), section 87(4) and Schedule 9 Part I; the Supplementary Benefits Act 1976 (c. 71) Schedule 7 paragraph 3; the Housing (Homeless Persons) Act 1977 (c. 48), Schedule; the Social Security Act 1980 (c. 30), section 20, Schedule 4 paragraph 2(1) and Schedule 5 Part II and the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), section 20(1) (a). Section 24 was amended by the National Assistance (Amendment) Act 1959 (c. 30), section 1(1); the National Health Service (Scotland) Act 1972 (c. 58), Schedule 6 paragraph 82; the Local Government Act 1972 (c. 70), Schedule 23 paragraph 2; the National Health Service Reorganisation Act 1972 (c,32), Schedule 4 paragraph 45 and the Housing (Homeless Persons) Act 1977 (c. 48), Schedule. Section 26 was amended by the Health Services and Public Health Act 1968 (c. 46), section 44 and Schedule 4 and the Social Work (Scotland) Act 1968 (c. 49) Schedule 9 Part I and applied by section 87(3); the Local Government Act 1972 (c. 70), Schedule 23 paragraph 2; the Housing (Homeless Persons) Act 1977 (c. 48), Schedule and the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), section 20 (1) (b).

F381Words in Sch. 3 para. 4(9)(b)(ii) inserted (with effect in accordance with reg. 1(1)(a) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 6(a)(ii)

Commencement Information

I113Sch. 3 para. 4 in force at 11.4.1988, see reg. 1

Circumstances in which no amount of housing costs may be metE+W+S

5.  No amount may be met under the provisions of this Schedule—

(a)in respect of housing benefit expenditure; or

(b)where the claimant is in accommodation to which [F383regulation 19 (applicable amounts for persons in residential care and nursing homes) applies], unless his absence from the dwelling occupied as his home in such accommodation is only temporary within the meaning of paragraph 4(8).

Textual Amendments

F383Words in Sch. 3 para. 5(b) substituted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 10(a)

Commencement Information

I114Sch. 3 para. 5 in force at 11.4.1988, see reg. 1

Apportionment of housing costsE+W+S

6.—[F384(1) Where—

(a)before 1st April 1990 for the purposes of section 48(5) of the General Rate Act 1967 (reduction of rates on dwellings), it appeared to a rating authority or it was determined in pursuance of sub-section (6) of that section 48 that the hereditament including the dwelling occupied as the home was a mixed hereditament and that only a proportion of the rateable value of the hereditament was attributable to use for the purpose of a private dwelling; or

(b)in Scotland, before 1st April 1989 an assessor acting pursuant to section 45(1) of the Water (Scotland) Act 1980 (provision as to valuation roll) has apportioned the net annual value of the premises including the dwelling occupied as the home between the part occupied as a dwelling and the remainder,

the amounts applicable under this Schedule shall be such proportion of the amounts applicable in respect of the hereditament or premises as a whole as is equal to the proportion of the rateable value of the hereditament attributable to the part of the hereditament used for the purposes of a private tenancy or, in Scotland, the proportion of the net annual value of the premises apportioned to the part occupied as a dwelling house.]

(2) Where responsibility for expenditure which relates to housing costs met under this Schedule is shared, the amounts applicable shall be calculated by reference to the appropriate proportion of that expenditure for which the claimant is responsible.

Textual Amendments

F384Sch. 3 para. 6(1) substituted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(a), 18(a)

Commencement Information

I115Sch. 3 para. 6 in force at 11.4.1988, see reg. 1

Interest on loans to acquire an interest in the dwelling occupied as the homeE+W+S

7.—(1) Subject to [F385the following sub-paragraphs of this paragraph], the following amounts shall be met under this paragraph—

(a)if the claimant or, if he is a member of a couple, or if a member of a polygamous marriage, he or any partner of his is aged 60 or over, 100 per cent of the eligible interest in his case;

(b)[F386except where sub-paragraph (1)(a) applies,] if the claimant or, if he is a member of a couple, or if a member of a polygamous marriage, he and any partner of his are aged under 60—

(i)where the claimant has been in receipt of income support in respect of a continuous period of not less than 16 weeks, 100 per cent of the eligible interest in his case;

(ii)in any other case, 50 per cent of the eligible interest in that case.

(2) Where in a case to which sub-paragraph (1)(b)(ii) applies—

(a)either—

(i)the claim for income support is refused; or

(ii)an award of income support is terminated on appeal or review, solely because the claimant's income exceeds his applicable amount by virtue of the fact that only 50 per cent of the eligible interest in his case is to be met under sub-paragraph (1)(b)(ii); and

(b)the claimant or any partner of his makes a further claim no later than 20 weeks after—

(i)where the original claim for income support was refused, the date of that claim; or

(ii)where an award of income support was terminated on appeal or review, the date of the claim in respect of which that award was made,

the amount to be met under this paragraph commencing on a date not before the expiry of 16 weeks from the date specified in (i) or (ii) above, as the case may be, shall be 100 per cent of the eligible interest in that case and until that date shall be the amount specified in sub-paragraph (1)(b)(ii).

(3) Subject to sub-paragraphs [F387(3A) to (6)], in this paragraph “eligible interest” means the amount of interest on a loan, whether or not secured by way of a mortgage or, in Scotland, under a heritable security, taken out to defray money applied for the purpose of—

(a)acquiring an interest in the dwelling occupied as the home; or

(b)paying off another loan but only to the extent that interest on that other loan would have been eligible interest had the loan not been paid off.

[F388(3A) For the purpose of this paragraph any reference to a loan includes a reference to payments specified in paragraph 1(aa).]

[F389(4) Subject to sub-paragraph (3A), the following provisions of this paragraph, and paragraph 6, the weekly amount of eligible interest shall be the amount calculated by the formula–

where–

A

=

the gross annual interest calculated by the formula C × D;

B

=

the difference between 100% and the basic rate (expressed as a percentage) of income tax within the meaning of section 832(1) of the Income and Corporation Taxes Act 1988for the year of assessment in which the payment of interest becomes due;

C

=

the amount of the loan which from time to time is outstanding and in respect of which eligible interest is payable; and

D

=

the rate of interest chargeable on that loan or any part thereof expressed as a percentage.

(4A) Where section 369 of the Income and Corporation Taxes Act 1988 (mortgage interest payable under deduction of tax) does not apply to the interest on a loan or to part of a loan, sub-paragraph (4) shall apply in respect of that loan or part as if it contained no reference to factor B.

(4B) Where the eligible interest is charged at more than one rate, the amount of that interest shall be calculated by making a separate calculation under sub-paragraph (4) in respect of each of those rates of interest and aggregating the results.

(4C) Where evidence supplied by the lender shows that the eligible interest charged is different from that calculated under sub-paragraph (4), the weekly amount of eligible interest shall be calculated by reference to the interest charged.]

(5) Where a loan is applied only in part for the purpose specified in [F390sub-paragraphs (3) and (3A)], only such proportion of the interest thereon as is equal to the proportion of the loan applied for that purpose shall qualify as eligible interest.

(6) Where, under the terms of a loan taken out for a purpose specified in [F391sub-paragraphs (3) and (3A)], interest is payable on accumulated arrears of interest (whether or not those arrears have been consolidated with the outstanding capital), the amount of such interest shall be met under this paragraph as if it were eligible interest but only in so far as it represents interest on arrears incurred during any period—

(a)when sub-paragraph (1)(b)(ii) applied in that case; or

(b)when the claimant was not entitled to income support which fell within the period of 20 weeks specified in sub-paragraph (2)(b), [F392 or

(c)where, under the terms or conditions on which a loan has been made, for an initial period of at least 2 years the whole or part of the interest on that loan is not, or has not been, payable;

and, where either head (a) or (b) applies only to the extent that the arrears do not exceed 50 per cent of the eligible interest that otherwise would have been payable during the period in question and where head (c) applies only to the extent that interest is deferred and accrues further interest under the terms or conditions on which the loan is made.]

[F393(6A) For the purposes of sub-paragraph (6), in determining whether interest is, or is not, payable regard shall not be had to any obligation to pay interest which, under the terms or conditions on which a loan has been granted, is deferred for an initial period of at least 2 years.]

(7) Where a person who was formerly one of a couple or a polygamous marriage—

(a)has taken out, either solely or jointly with his former partner, a loan secured on the dwelling occupied as the home for a purpose other than one specified in [F394sub-paragraphs (3) and (3A)]; and

(b)has left the dwelling occupied as the home and either cannot or will not pay the interest on the loan,

and, if that person's former partner has to pay the interest on the loan in order to continue to live in the dwelling occupied as the home, there shall be met in respect of the former partner under this paragraph the amount of interest on the loan calculated as if it were a loan taken out for a purpose specified in [F394sub-paragraphs (3) and (3A)].

(8) Where an amount is met under this paragraph, if, notwithstanding that the amount of interest payable is reduced by virtue of—

(a)a reduction in interest rates; or

(b)a reduction in the amount of loan capital outstanding,

the amount of instalments which the borrower is liable to pay remains constant, the amount met shall not be adjusted to take account of the new amount of interest payable except where a determination is subsequently reviewed under section 104(1)(b) of the Social Security Act F395 (review of decisions).

(9) [F396Subject to sub-paragraphs (10) and (11),] for the purpose of sub-paragraph (1)—

(a)a person shall be treated as being in receipt of income support during the following periods—

(i)any period in respect of which it was subsequently held, on appeal or review, that he was so entitled; and

(ii)any period of eight weeks or less in respect of which he was not in receipt of income support and which fell immediately between periods in respect of which he was in receipt thereof or to which (i) above applies;

(b)a person shall be treated as not being in receipt of income support during any period other than a period to which (a)(ii) above applies in respect of which it is subsequently held on appeal or review that he was not so entitled;

(c)where the claimant—

(i)was a member of a couple or a polygamous marriage; and

(ii)his partner was, in respect of a past period, in receipt of income support for himself and the claimant; and

(iii)the claimant is no longer a member of that couple or polygamous marriage; and

(iv)the claimant made his claim for income support within eight weeks of ceasing to be a member of that couple or polygamous marriage,

he shall be treated as having been in receipt of income support for the same period as his former partner had been or had been treated, for the purposes of sub-paragraph (1), as having been;

(d)where the claimant's partner's applicable amount was determined in accordance with paragraph 1(1) (single claimants) or paragraph 1(2) (lone parent) of Schedule 2 (applicable amounts) in respect of a past period, provided that the claim was made within eight weeks of the claimant and his partner becoming one of a couple or polygamous marriage, the claimant shall be treated as having been in receipt of income support for the same period as his partner had been or had been treated, for the purposes of sub-paragraph (1), as having been;

(e)where the claimant is a member of a couple or a polygamous marriage and his partner was, in respect of a past period in receipt of income support for himself and the claimant, and the claimant has become in receipt as a result of an election by the members of the couple or polygamous marriage, he shall be treated as having been in receipt of income support for the same period as his partner had been or had been treated, for the purposes of sub-paragraph (1), as having been.

[F397(f)where—

(i)the claimant was a member of a family of a person (not being a former partner) entitled to income support and at least one other member of that family was a child or young person; and

(ii)the claimant becomes a member of another family which includes that child or young person; and

(iii)the claimant made his claim for income support within 8 weeks of the date on which the person entitled to income support mentioned in (i) above ceased to be so entitled,

the claimant shall be treated as being in receipt of income support for the same period as that person had been or had been treated, for the purposes of sub-paragraph (1), as having been.]

[F398(10) Where–

(a)a claimant has ceased to be in receipt of income support because he or his partner becomes engaged in remunerative work; and

(b)immediately before ceasing to be so in receipt an amount under sub-paragraph (1)(b)(i) was applicable to him,

sub-paragraph (9)(a)(ii) shall apply to him as if for the words “any period of eight weeks or less” there were substituted the words “any period not exceeding the permitted period determined in accordance with regulation 3A (permitted period)”.]

[F398(11) For the purposes of sub-paragraph (1)(b)(i), where–

(a)a claimant has ceased to be entitled to income support because he or his partner is participating in arrangements for training made under section 2 of the Employment and Training Act 1973 or attending a course at an employment rehabilitation centre established under that section; and

(b)immediately before so ceasing an amount under that sub-paragraph was applicable to him,

he shall be treated as if he had been in receipt of income support for the period during which he or his partner was participating in such arrangements or attending such a course.]

Textual Amendments

F395Section 104 is applied by section 52(3) of the Social Security Act 1986 (c. 50); sub-section (1) was substituted by section 52 of, and paragraph 10 of Schedule 5 to, the Social Security Act 1986.

Commencement Information

I116Sch. 3 para. 7 in force at 11.4.1988, see reg. 1

Interest on loans for repairs and improvements to the dwelling occupied as the homeE+W+S

8.—(1) F399... There shall be met under this paragraph an amount in respect of interest payable on a loan which is taken out, with or without security, for the purpose of—

(a)carrying out repairs or improvements to the dwelling occupied as the home; or

(b)paying off another loan but only to the extent that interest on that other loan would have been met under this paragraph had the loan not been paid off,

and which is used for that purpose or is to be so used within six months of the date of receipt or such further period as is reasonable, and the amount to be met under this paragraph shall be calculated as if the loan were a loan to which paragraph 7 applied.

F400(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In this paragraph “repairs and improvements” means major repairs necessary to maintain the fabric of the dwelling occupied as the home and any of the following measures undertaken with a view to improving its fitness for occupation—

(a)installation of a fixed bath, shower, wash basin, sink or lavatory and necessary associated plumbing;

(b)damp proofing measures;

(c)provision or improvement of ventilation and natural lighting;

(d)provision of electric lighting and sockets;

(e)provision or improvement of drainage facilities;

(f)improvement in the structural condition of the dwelling occupied as the home;

(g)improvements to the facilities for storing, preparing and cooking food;

(h)provision of heating, including central heating;

(i)provision of storage facilities for fuel and refuse;

(j)improvements to the insulation of the dwelling occupied as the home;

(k)other improvements which are reasonable in the circumstances.

F401(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F399Words in Sch. 3 para. 8(1) omitted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 18(b)(i)

F400Sch. 3 para. 8(2) omitted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 18(b)(ii)

F401Sch. 3 para. 8(4) omitted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 18(b)(ii)

Commencement Information

I117Sch. 3 para. 8 in force at 11.4.1988, see reg. 1

Other housing costsE+W+S

9.—(1) Subject to sub-paragraph (5), there shall be met under this paragraph the amounts, calculated on a weekly basis, in respect of the housing costs specified in paragraph 1(c) to (h) subject to the deductions specified in sub-paragraph (2).

(2) Subject to sub-paragraph (3), the deductions to be made from the weekly amounts to be met under this paragraph are—

(a)where the costs are inclusive of any of the items mentioned in paragraph 5(2) to Schedule 1 of the Housing Benefit (General) Regulations 1987 F402 (payment in respect of fuel charges), the deductions prescribed in that paragraph unless the claimant provides evidence on which the actual or approximate amount of the service charge for fuel may be estimated, in which case the estimated amount;

(b)where the costs are inclusive of ineligible service charges within the meaning of paragraph 1 to Schedule 1 of the Housing Benefit (General) Regulations 1987 (ineligible service charges) the amounts attributable to those ineligible service charges or where that amount is not separated from or separately identified within the housing costs to be met under this paragraph, such part of the payments made in respect of those housing costs which are fairly attributable to the provision of those ineligible services having regard to the costs of comparable services.

[F403(c)where the costs are inclusive of any amount in respect of repairs or improvements within the meaning of paragraph 8(3), any amount attributable to those repairs and improvements.]

(3) Where arrangements are made for the housing costs mentioned in paragraph 1(c) to (g), payable for a year, to be paid for 53 weeks, or irregularly, or so that no such costs are payable for or collected in certain periods, or so that the costs for different periods in the year are of different amounts, the weekly amount shall be the amount payable for the year divided by 52.

(4) Where as compensation for work carried out by way of reasonable repairs or redecoration which are not normally the responsibility of the claimant or other member of his family, payment of the costs mentioned in paragraph 1(c) to (g) are waived, they shall, for a period not exceeding eight weeks, be treated as payable.

[F404(5) Where in England and Wales an amount calculated on a weekly basis in respect of housing costs specified in paragraph 1(e) (Crown tenants) includes water charges, that amount shall be reduced—

(a)where the amount payable in respect of water charges is known, by that amount;

(b)in any other case, by the amount which would be the likely weekly charge had the property not been occupied by a Crown tenant.]

Textual Amendments

F404Sch. 3 para. 9(5) substituted for Sch. 3 para. 9(5)(6) (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(a), 18(c)

Commencement Information

I118Sch. 3 para. 9 in force at 11.4.1988, see reg. 1

Restriction on meeting housing costs under this ScheduleE+W+S

10.—(1) Subject to sub-paragraph (2), where—

(a)the dwelling occupied as the home is occupied with security of tenure, that is to say—

(i)under a protected or statutory tenancy for the purposes of the Rent Act 1977 F405 or the Rent (Scotland) Act 1984 F406, excluding any case in which the tenant has been given a notice to which any Case in Part II of Schedule 15 to the Act of 1977 or, as the case may be, Part II of Schedule 2 to the Act of 1984 (cases in which Court must order possession where dwelling-house subject to regulated tenancy) applies;

(ii)under a secure tenancy for the purposes of Chapter II of Part I of the Housing Act 1980 F407 or Part II of the Tenants' Rights Etc (Scotland) Act 1980 F408 (security of tenure of public sector tenants);

(iii)where the tenant is a protected occupier or statutory tenant for the purposes of the Rent (Agriculture) Act 1976 F409; F410...

(iv)under a crofting tenancy for the purposes of the Crofters (Scotland) Acts 1955 and 1961 F411;

[F412(v)under an assured tenancy for the purposes of section 1 of the Housing Act 1988 or section 12 of the Housing (Scotland) Act 1988; or]

[F412(vi)under an assured agricultural occupancy for the purposes of section 24 of the Housing Act 1988;]

(b)the claimant or, if he is a member of a family, any member of the family acquires some other interest in the dwelling occupied as the home; and

(c)in consequence of the acquisition the aggregate of any amounts which would, but for this paragraph, be applicable under paragraphs 7, 8 and 9 exceed the amount of the eligible rent for the purposes of regulation 10 of the Housing Benefit (General) Regulations 1987 (rent) immediately before the acquisition,

the aggregate amount so applicable shall initially be restricted to the amount of the eligible rent immediately before the acquisition and shall be increased subsequently only to the extent that this is necessary to take account of any increase, after the date of the acquisition, in expenditure on any housing costs.

(2) Sub-paragraph (1)—

(a)shall not apply where the claimant or the member of the family became liable to complete the acquisition at a time when income support was not payable in respect of him;

(b)shall cease to apply if its application becomes inappropriate by reason of any major change in the circumstances of the family affecting their ability to meet expenditure on housing costs;

(c)shall cease to apply where income support ceases to be payable in respect of the claimant or his family except that it shall reapply wherever income support again becomes payable within a period of eight weeks or less.

(3) Where the amounts to be met under paragraphs 7 to 9 and, subject to any deduction applicable under paragraph 11 are excessive, they shall be subject to restriction in accordance with sub-paragraphs (4) [F413to (6A).]

(4) F414... The amounts to be met shall be regarded as excessive [F415where—]

(a)the dwelling occupied as the home, excluding any part which is let F416..., is larger than is required by the claimant and his family and any child or young person to whom regulation 16(4) applies (foster children) and any other non-dependants having regard, in particular, to suitable alternative accommodation occupied by a household of the same size; or

(b)the immediate area in which the dwelling occupied as the home is located is more expensive than other areas in which suitable alternative accommodation exists; or

(c)the outgoings of the dwelling occupied as the home in respect of which the amounts to be met under paragraphs 7 to 10 are higher than the outgoings of suitable alternative accommodation in the area

[F417but for the purposes of this sub-paragraph no regard shall be had to the capital value of the dwelling occupied as the home.]

(5) Where, having regard to the relevant factors, it is not reasonable to expect the claimant and his family to seek alternative cheaper accommodation no restrictions shall be made [F418under sub-paragraph (3)].

(6) Where sub-paragraph (5) does not apply and the claimant (or other member of the family) was able to meet the financial commitments for the dwelling occupied as the home when these were entered into, no restriction shall be made under this paragraph during the first six months of any period of entitlement to income support nor during the next six months if and so long as the claimant uses his best endeavours to obtain cheaper accommodation.

[F419(6A) Where sub-paragraph (4) applies the amounts to be met shall be restricted and the excess over the amounts which the claimant would need to obtain suitable alternative accommodation shall not be allowed.]

(7) [F420In sub-paragraph (5)] “the relevant factors” are—

(a)the availability of suitable accommodation and the level of housing costs in the area; and

(b)the circumstances of the family including in particular the age and state of health of its members, the employment prospects of the claimant and, where a change in accommodation is likely to result in a change of school, the effect on the education of any child or young person who is a member of his family, or any child or young person who is not treated as part of his family by virtue of regulation 16(4) (foster children).

Textual Amendments

F4051977 c. 42; Part II of Schedule 15 was amended by the Housing Act 1980 (c. 51) sections 55, 66, 67 and by the Rent (Amendment) Act 1955 (c. 24) section 2.

F410Word in Sch. 3 para. 10(1)(a)(iii) deleted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 18(d)(i)

F4111955 (c. 21), 1961 (c. 58).

F412Sch. 3 para. 10(1)(a)(v)(vi) added (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 18(d)(ii)

Commencement Information

I119Sch. 3 para. 10 in force at 11.4.1988, see reg. 1

Non-dependant deductionsE+W+S

11.—[F421(1) Subject to the following provisions of this paragraph, the following deductions from the amount to be met under the preceding paragraphs of this Schedule in respect of housing costs shall be made in respect of a non-dependant—

(a)in respect of a non-dependant aged 18 or over who is in remunerative work, £10.85;

(b)in respect of a non-dependant aged 18 or over to whom head (a) does not apply, £4.55.]

[F422(2) In the case of a non-dependant aged 18 or more to whom sub-paragraph (1)(a) applies because he is in remunerative work, where the claimant satisfies the adjudication officer that the non-dependant’s gross weekly income is less than £56.05, the deduction to be made under this paragraph shall be the deduction specified in sub-paragraph (1)(b).]

(3) Only one deduction shall be made under this paragraph in respect of a couple or, as the case may be, the members of a polygamous marriage, and where a different amount or no amount would, but for this sub-paragraph, fall to be deducted in respect of the members of the couple or polygamous marriage as individuals, the higher deduction shall be made.

(4) In applying the provisions of sub-paragraph (2) in the case of a couple or, as the case may be, a polygamous marriage, regard shall be had, for the purpose of sub-paragraph (2) to the couple's or, as the case may be, all the members of the polygamous marriage's, joint weekly income.

(5) Where a person is a non-dependant in respect of more than one joint occupier of a dwelling (except where the joint occupiers are a couple or members of a polygamous marriage), the deduction in respect of that non-dependant shall be apportioned between the joint occupiers (the amount so apportioned being rounded to the nearest penny) having regard to the number of joint occupiers and the proportion of the housing costs in respect of the dwelling occupied as the home payable by each of them.

(6) No deduction shall be made in respect of any non-dependants occupying the dwelling occupied as the home of the claimant, if the claimant or any partner of his is—

(a)blind or treated as blind by virtue of paragraph 12 of Schedule 2 (additional condition for the higher pensioner and disability premiums); or

(b)receiving an attendance allowance [F423in respect of himself].

(7) No deduction shall be made in respect of a non-dependant—

(a)if, although he resides with the claimant, it appears to the adjudication officer that the dwelling occupied as his home is normally elsewhere; or

(b)if he is in receipt of a training allowance paid in connection with a Youth Training Scheme established under section 2 of the Employment and Training Act 1973 F424 [F425and is not a person who lives in board and lodging accommodation]; or

(c)if he is a full-time student during a period of study [F426or, if he is not in remunerative work, during a recognised summer vacation appropriate to his course;] F427...; or

(d)if he is aged under 25 and in receipt of income supportF428...; or

(e)in respect of whom a deduction in the calculation of a rent rebate or allowance falls to be made under regulation 63 of the Housing Benefit (General) Regulations 1987 (non-dependant deductions).

Textual Amendments

F421Sch. 3 para. 11(1) substituted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 18(e)(i)

F423Words in Sch. 3 para. 11(6)(b) inserted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 18(e)(iii)

F4241973 c. 50 as amended by sections 9 and 11 and Schedule 2 Part II paragraph 9 and Schedule 3 of the Employment and Training Act 1971 (c. 57).

F425Words in Sch. 3 para. 11(7) substituted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 10(b)(ii)

F427Words in Sch. 3 para. 11(7)(c) omitted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 18(e)(iv)

F428Words in Sch. 3 para. 11(7)(d) omitted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 18(e)(iv)

Commencement Information

I120Sch. 3 para. 11 in force at 11.4.1988, see reg. 1

Rounding of fractionsE+W+S

12.  Where any calculation made under this Schedule results in a fraction of a penny, that fraction shall be treated as a penny.

Commencement Information

I121Sch. 3 para. 12 in force at 11.4.1988, see reg. 1

Regulations 17(1)(g), 18(1)(h) and 71(1)(a)(v) and (d)(iv)

[F429SCHEDULE 3AE+W+SPROTECTED SUM

Textual Amendments

InterpretationE+W+S

1.—(1) In this Schedule—

[F430“eligible housing benefit” means–

(a)

for the period of 7 consecutive days beginning on 3rd April 1989, the amount of housing benefit to which the claimant or his partner was entitled in that period which relates to the board and lodging accommodation normally occupied as the home by him or, if he has a partner, by him and his partner;

(b)

for the period of 7 consecutive days beginning on 10th April 1989 or, in a case to which paragraph 7(7)(b) applies, for the period of 7 consecutive days referred to in that paragraph, the amount of the claimant’s or his partner’s maximum housing benefit determined in accordance with regulation 61 of the Housing Benefit (General) Regulations 1987 (maximum housing benefit) which relates to that accommodation;]

“first week” means the benefit week beginning on a day during the period of 7 days commencing on 3rd April 1989;

“income support” includes any sum payable under Part II of the Income Support (Transitional) Regulations 1987;

“protected sum” means the amount applicable under this Schedule [F431to a claimant who in the first week is living in board and lodging accommodation or who or whose partner is temporarily absent in that week from that accommodation];

[F432“protected total” means–

(a)

the total of the claimant’s applicable amount under regulation 20 (applicable amounts for persons in board and lodging accommodation) in the first week or, in a case to which paragraph 7(7) applies, if the protected person or any partner of his is temporarily absent from his accommodation in that week, the amount which would have fallen to be calculated under that regulation for that week as if there had been no temporary absence; and

(b)

the amount of any eligible housing benefit for the period of 7 consecutive days beginning 3rd April 1989;]

“relevant provisions” means—

(a)

regulation 17(1)(a) to (f) (applicable amounts);

(b)

regulation 18(1)(a) to (g) (polygamous marriages);

(c)

regulation 71(1)(a)(i) to (iv) (urgent cases);

(d)

regulation 71(1)(d)(i) to (iii);

(e)

in relation to a case to which paragraph 17(b)(ii) or (c)(i) of Schedule 7 (persons from abroad) applies, the regulations specified in that paragraph but as if the reference to regulation 17(1)(g) in that paragraph were omitted; or

(f)

in relation to a case to which paragraph 17(d)(i) of that Schedule applies, the regulations specified in that paragraph but as if the reference to regulation 18 were a reference to regulation 18(1)(a) to (g) only;

“second week” means the benefit week beginning on a day during the period of 7 days commencing on 10th April 1989.

[F433“third week” means the benefit week beginning on a day during the period of 7 days commencing on 17th April 1989.]

(2) For the purposes of this Schedule—

(a)in determining a claimant’s applicable amount in his first week, second week or any subsequent benefit week no account shall be taken of any reduction under regulation 22 (reduction in certain cases of unemployment benefit disqualification);

(b)[F434except in so far as it relates to any temporary absence to which paragraph 7(7) refers,] where a change of circumstances takes effect in the claimant’s second week which, had it taken effect in the first week, would have resulted in a lesser applicable amount in respect of that week, his applicable amount in the first week shall be determined as if the change of circumstances had taken effect in that week.

Textual Amendments

F430Words in Sch. 3A para. 1(1) substituted (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 7(a)(i)

F431Words in Sch. 3A para. 1(1) inserted (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 7(a)(ii)

F432Words in Sch. 3A para. 1(1) substituted (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 7(a)(iii)

F433Words in Sch. 3A para. 1(1) inserted (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 7(a)(iv)

Protected sumE+W+S

2.—(1) [F435Subject to sub-paragraph (2) and the following paragraphs] of this Schedule, where the protected total of a claimant is more than—

(a)his applicable amount in the second week determined in accordance with the relevant provisions; and

(b)any eligible housing benefit for the period [F436of 7 consecutive days] beginning 10th April 1989,

the protected sum applicable to the claimant shall be an amount equal to the difference.

[F437(2) Where–

(a)in the second week a claimant’s income calculated in accordance with Part V or, as the case may be, VI exceeds the aggregate of his applicable amount determined in accordance with the relevant provisions and X; and

(b)the amount of income support to which he is entitled in the first week is more than the amount of housing benefit to which he would, but for this sub-paragraph, have been entitled in the period of 7 consecutive days beginning on 10th April 1989,

the protected sum applicable to the claimant shall, subject to sub-paragraph (3), be an amount equal to X+Y+10 pence.

(3) Where a claimant or his partner is, or both are, entitled in the first, second and third weeks to a relevant social security benefit or to more than one such benefit and consequent upon the Social Security Benefits Up-rating Order 1989 the claimant or his partner is, or both are, entitled to an increase in any one or more of those benefits in the third week, the protected sum under sub-paragraph (2) shall be increased by an amount equal to the difference between–

(a)the amount of benefit or aggregate amount of those benefits to which the claimant or his partner is, or both are, entitled in the third week; and, if less,

(b)the amount of benefit or aggregate amount of those benefits to which the claimant or his partner is, or both are, entitled in the second week.

(4) In this paragraph–

“X” means the sum which, but for sub-paragraph (2), would be the protected sum applicable under sub-paragraph (1);

“Y” means the amount of the excess to which sub-paragraph (2)(a) refers;

“relevant social security benefit” means–

(a)

child benefit;

(b)

any benefit under the Social Security Act;

(c)

war disablement pension;

(d)

war widow’s pension;

(e)

any payment under a scheme made under the Industrial Injuries and Diseases (Old Cases) Act 1975;

(f)

any concessionary payment.]

Textual Amendments

F435Words in Sch. 3A para. 2 substituted (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 7(b)(i)

F436Words in Sch. 3A para. 2(b) inserted (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 7(b)(ii)

Persons not entitled to a protected sumE+W+S

3.—(1) A protected sum shall not be applicable to a claimant where in the first week—

(a)he is aged under 25 and, if he is a member of a couple, his partner is also aged under 25; and

(b)he is required to be available for employment for the purposes of section 20(3)(d)(i) of the Act; and

(c)he was not in receipt of supplementary benefit as a boarder on 24th November 1985; and

(d)none of the conditions in paragraph 16(4) of Schedule 5 (applicable amounts of persons in board and lodging accommodation or hostels) applies to him.

[F438(2) A protected sum shall not be applicable to a claimant, [F439unless he, or any partner of his, is entitled to housing benefit for the period of 7 consecutive days beginning 10th April 1989 or, where paragraph 7(7)(b) applies, for the period of 7 consecutive days referred to in that paragraph in respect of] the board and lodging accommodation normally occupied as the home by him, or if he has a partner, by him and his partner.]

[F438(3) Subject to paragraph 7, a protected sum shall not be applicable to a claimant where he changes or vacates his accommodation during the period of 7 consecutive days beginning 10th April 1989.]

Textual Amendments

F439Words in Sch. 3A para. 3(2) substituted (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 7(d)

Period of applicationE+W+S

4.  Subject to paragraph 7, the protected sum shall not be applicable to a claimant for more than—

(a)in the case of a claimant who is a member of a family and that family includes a child or young person and during the first week that family was in accommodation not provided or secured by a local authority under section 63 or 65(2) or (3)(a) of the Housing Act 1985 or section 2 of the Housing (Scotland) Act 1987, a period of 52 weeks beginning with the second week;

(b)in any other case, a period of 13 weeks beginning with the second week.

Reduction of protected sumE+W+S

5.—(1) Subject to [F440sub-paragraphs (2)[F441, (3) and (4)]], the protected sum shall be reduced by the amount of any increase, in a benefit week subsequent to the second week, in the claimant’s applicable amount determined in accordance with the relevant provisions.

(2) Where regulation 22 (reduction in certain cases of unemployment benefit disqualification) ceases to apply to a claimant and as a result his applicable amount increases no account shall be taken of that increase.

[F442(3) Where by virtue of the coming into force of regulation 5 of the Income Support (General) Amendment Regulations 1989 the claimant’s applicable amount increases in his benefit week beginning on a day during the period of 7 days commencing on 9th October 1989, no account shall be taken of that increase.]

[F443(4) Where a claimant’s applicable amount increases because a child or young person mentioned in paragraph (5)(c) of regulation 16 (circumstances in which a person is treated or not treated as a member of the household) is treated as a member of the claimant’s household under paragraph (6) of that regulation, the claimant’s protected sum shall not be reduced by the amount of that increase unless the child or young person has been treated as a member of the household for a continuous period which exceeds 8 weeks.]

Textual Amendments

F440Words in Sch. 3A para. 5(1) substituted (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 7(e)(i)

F441Words in Sch. 3A para. 5(1) substituted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 19(a)

F442Sch. 3A para. 5(3) added (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 7(e)(ii)

F443Sch. 3A para. 5(4) added (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 19(b)

Termination of protected sumE+W+S

6.  Subject to paragraph 7, the protected sum shall cease to be applicable if—

(a)that amount is reduced to nil under paragraph 5; or

(b)the claimant changes or [F444vacates] his accommodation; or

(c)the claimant ceases to be entitled to income support.

Textual Amendments

Protected personsE+W+S

7.—(1) Subject to sub-paragraph (2), for the purposes of this paragraph a protected person is a claimant, where—

(a)in respect of the first week he is entitled to an increase under paragraph 7 of Schedule 5 (applicable amounts of persons in board and lodging accommodation or hostels) because either he or, if he is one of a couple or a member of a polygamous marriage, he or his partner satisfies any of the conditions in paragraph 8 of that Schedule; or

(b)in the first week the claimant or, if he has a partner, either he or his partner—

(i)is in need of personal care by reason of [F445old age,] mental or physical disablement, mental illness, or dependence on alcohol or drugs; and

(ii)is receiving both board and personal care in accommodation other than a residential care home or nursing home or residential accommodation within the meaning of regulation 21(3) (special cases)F446...; and

(iii)is in accommodation which he entered under arrangements for his personal care made by a statutory authority or a voluntary or charitable body and those arrangements are being supervised on a continuing basis by that authority or body; or

(c)he or, if he has a partner, either he or his partner but for his temporary absence from his accommodation for a period not exceeding 13 weeks, which includes the first week, would have satisfied (a) or (b) above.

(2) A claimant is not a protected person if he or, if he has a partner, he or his partner, in the first week, is temporarily living in board and lodging accommodation and that accommodation is not the accommodation normally occupied as the home.

(3) Paragraph 4 shall not apply to a protected person.

(4) Paragraph 6(b) shall not apply to a protected person if:

(a)he moves to accommodation where he satisfies conditions (i) to (iii) of sub-paragraph (1)(b); or

(b)he becomes a patient within the meaning of regulation 21(3); or

(c)on his ceasing to be a patient within the meaning of regulation 21(3), either he returns to the accommodation which he occupied immediately before he became a patient, or he moves to other accommodation where he satisfies conditions [F447(i) to (iii)] of sub-paragraph (1)(b); or

(d)in a case to which sub-paragraph (6) applies, on his becoming re-entitled to income support, he is either in the accommodation which he occupied immediately before he ceased to be entitled to income support, or in accommodation where he satisfies conditions (i) to (iii) of sub-paragraph (1)(b).

[F448(5) Except where sub-paragraph (7) applies, where a protected sum was applicable to a protected person immediately before he or any partner of his became a patient within the meaning of regulation 21(3) for a period of 14 weeks or less, he shall, subject to sub-paragraph (4)(c), on his or, as the case may be, his partner’s ceasing to be a patient, be entitled to a protected sum equal to–

(a)the amount by which his protected total exceeds his applicable amount determined in accordance with the relevant provisions in the first benefit week in which his applicable amount ceases to be determined under paragraph 1 of Schedule 7 and either–

(i)any eligible housing benefit for the period of 7 consecutive days beginning on 10th April 1989; or, if greater,

(ii)in a case where sub-paragraph (7)(b) applied, any eligible housing benefit for the period of 7 consecutive days referred to in that sub-paragraph; or

(b)the amount of the protected sum to which he was entitled in the immediately preceding benefit week,

whichever is the lower.

(6) Paragraph 6(c) shall not apply to a protected person who has ceased to be entitled to income support for [F449a period not exceeding the permitted period determined in accordance with regulation 3A (permitted period)]–

(a)if immediately before he ceased to be so entitled a protected sum was applicable to him; and

(b)except where sub-paragraph (7) applies, if during that period the protected person becomes re-entitled, or would by virtue of this sub-paragraph be re-entitled, to income support he shall, subject to sub-paragraph (4)(d), be entitled to a protected sum equal to–

(i)the amount by which his protected total exceeds his applicable amount determined in accordance with the relevant provisions in the first benefit week in which he becomes so re-entitled and either any eligible housing beneft for the period of 7 consecutive days beginning 10th April 1989 or, if greater, in a case to which sub-paragraph (7)(b) applied, any eligible housing benefit for the period of 7 consecutive days referred to in that sub-paragraph; or

(ii)the amount of the protected sum to which he was previously entitled,

whichever is the lower.

(7) Where a protected person or any partner of his is temporarily absent from his accommodation for a period not exceeding 13 weeks which includes the first or second week (or both)–

(a)in a case where a protected sum was applicable to the protected person immediately before his or, as the case may be, his partner’s return to that accommodation and the full charge was made for the accommodation during the temporary absence, on the protected person’s or, as the case may be, his partner’s return to that accommodation, the protected person shall be entitled to a protected sum equal to–

(i)the amount by which his protected total exceeds his applicable amount determined in accordance with the relevant provisions in the first complete benefit week after his or, as the case may be, his partner’s return to that accommodation and any eligible housing benefit for the period of 7 consecutive days beginning 10th April 1989; or

(ii)the amount of the protected sum which was applicable to him in the immediately preceding benefit week,

whichever is the lower;

(b)in a case where–

(i)a protected sum has not at any time been applicable to the protected person; or

(ii)immediately before the protected person’s or, as the case may be, his partner’s return to that accommodation a protected sum was applicable but a reduced charge was made for the accommodation during the temporary absence,

the protected person on his or, as the case may be, his partner’s return to that accommodation shall, subject to sub-paragraph (8), be entitled to a protected sum equal to the amount by which his protected total exceeds his applicable amount determined in accordance with the relevant provisions in the first complete benefit week after his or, as the case may be, his partner’s return to that accommodation and the amount of eligible housing benefit for the period of 7 consecutive days beginning on the date determined in accordance with regulation 65 or, as the case may be, 68(2) of the Housing Benefit (General) Regulations 1987 (date on which entitlement is to commence or change of circumstances is to take effect) following that person’s return to that accommodation.

(8) Where, in a case to which sub-paragraph (7)(b)(i) applies–

(a)in the first complete benefit week after the protected person’s or, as the case may be, his partner’s return to his accommodation the protected person’s income calculated in accordance with Part V or, as the case may be, VI exceeds the aggregate of his applicable amount determined in accordance with the relevant provisions and X; and

(b)the amount of income support to which he was entitled in the first week is more than the amount of housing benefit to which he would, but for this sub-paragraph, have been entitled in the period of 7 consecutive days beginning on the date determined in accordance with regulation 65 or, as the case may be, 68(2) of the Housing Benefit (General) Regulations 1987 following his or, as the case may be, his partner’s return to that accommodation,

the protected sum applicable shall, subject to sub-paragraph (9), be an amount equal to X+Y+10 pence.

(9) Where the protected person or, as the case may be, his partner returns to the accommodation in the second week and he or his partner is, or both are, entitled in the first, second and third weeks to a relevant social security benefit or to more than one such benefit and consequent upon the Social Security Benefits Up-rating Order 1989 he or his partner is, or both are, entitled to an increase in any one or more of those benefits in the third week, the protected sum under sub-paragraph (8) shall be increased by an amount equal to the difference between–

(a)the amount of benefit or aggregate amount of those benefits to which the protected person or his partner is, or both are, entitled in the third week; and, if less,

(b)the amount of benefit or aggregate amount of those benefits to which the protected person or his partner is, or both are, entitled in the second week.

(10) In sub-paragraph (8)–

“X” means the sum which, but for sub-paragraph (8), would be the protected sum applicable in a case to which sub-paragraph (7)(b)(i) applies;

“Y” means the amount of the excess to which sub-paragraph (8)(a) refers;

“relevant social security benefit” has the same meaning as in paragraph 3(4).]]

Textual Amendments

F446Words in Sch. 3A para. 7(1)(b)(ii) omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 11

F448Sch. 3A para. 7(5)-(10) substituted for para. 7(5)-(7) (10.4.1989) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 1(1)(b), 7(f)

Regulations 17(1)(g), 18(1)(h) and 71(1)(a)(v) and (d)(iv)

[F450SCHEDULE 3BE+W+SPROTECTED SUM

Textual Amendments

F450Sch. 3B inserted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 18, Sch. 2

InterpretationE+W+S

1.—(1) In this Schedule–

“eligible housing benefit” means–

(a)for the period of 7 consecutive days beginning on 2nd October 1989, the amount of housing benefit to which the claimant or his partner was entitled in that period which relates to the hostel normally occupied as the home by him or, if he has a partner, by him and his partner;

(b)for the period of 7 consecutive days beginning on 9th October 1989 or, in a case to which paragraph 6(4)(b) applies, for the period of 7 consecutive days referred to in that paragraph, the amount of the claimant’s or his partner’s maximum housing benefit determined in accordance with regulation 61 of the Housing Benefit (General) Regulations 1987 (maximum housing benefit) which relates to that accommodation.

“first week” means the benefit week beginning on a day during the period of 7 days commencing on 2nd October 1989;

“hostel” means any establishment which immediately before the commencement of this Schedule was a hostel within the meaning of regulation 20(2) (applicable amounts for persons in hostels);

“income support” includes any sum payable under Part II of the Income Support (Transitional) Regulations 1987;

“March benefit week” means the benefit week beginning on a day during the period of 7 consecutive days beginning 20th March 1989;

“protected sum” means the amount applicable under this Schedule to a claimant who in the first week is living in a hostel or who or whose partner is temporarily absent in that week from that accommodation;

“protected total” means–

(a)

the total of the claimant’s applicable amount under regulation 20 in the first week or, F451... if the claimant or any partner of his is temporarily absent from his accommodation [F452for a period not exceeding 14 weeks which includes that week], the amount which would have fallen to be calculated under that regulation for that week as if there had been no temporary absence; and

(b)

the amount of any eligible housing benefit for the period of 7 consecutive days beginning 2nd October 1989;

“relevant benefit week” means the benefit week beginning on a day during the period of 7 days commencing on 9th April 1990;

“relevant provisions” means–

(a)

regulation 17(1)(a) to (f) (applicable amounts);

(b)

regulation 18(1)(a) to (g) (polygamous marriages);

(c)

regulation 71(1)(a)(i) to (iv) (urgent cases);

(d)

regulation 71(1)(d)(i) to (iii);

(dd)

[F453paragraph 13 of Schedule 7 (persons in residential accommodation);]

(e)

in relation to a case to which paragraph 17(b)(ii) or (c)(i) of Schedule 7 (persons from abroad) applies, the regulations specified in that paragraph but as if the reference to regulation 17(1)(g) in that paragraph were omitted; or

(f)

in relation to a case to which paragraph 17(d)(i) of that Schedule applies, the regulations specified in that paragraph but as if the reference to regulation 18 were a reference to regulation 18(1)(a) to (g) only;

“second week” means the benefit week beginning on a day during the period of 7 days commencing on 9th October 1989.

(2) For the purposes of this Schedule–

(a)in determining a claimant’s applicable amount in his first week, second week or any subsequent benefit week no account shall be taken of any reduction under regulation 22 (reduction in certain cases of unemployment benefit disqualification);

(b)except in so far as it relates to any temporary absence to which paragraph 6(4) refers, where a change of circumstances takes effect in the claimant’s second week which, had it taken effect in the first week, would have resulted in a lesser applicable amount in respect of that week, his applicable amount in the first week shall be determined as if the change of circumstances had taken effect in that week.

Textual Amendments

F451Words in Sch. 3B para. 1(1) omitted (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by virtue of The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(b), 9(a)(i)

F452Words in Sch. 3B para. 1(1) substituted (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(b), 9(a)(i)

F453Words in Sch. 3B para. 1(1) inserted (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(b), 9(a)(ii)

Protected sumE+W+S

2.—(1) Subject to the following provisions of this paragraph and the following paragraphs of this Schedule, where the protected total of a claimant is more than–

(a)his applicable amount in the second week determined in accordance with the relevant provisions less the amount of any increase consequent on the coming into force of regulation 5 of the Income Support (General) Amendment Regulations 1989; and

(b)any eligible housing benefit for the period of 7 consecutive days beginning 9th October 1989,

the protected sum applicable to the claimant shall be an amount equal to the difference.

(2) Where–

(a)in the second week a claimant’s income calculated in accordance with Part V or, as the case may be, VI exceeds the aggregate of his applicable amount determined in accordance with the relevant provisions and X; and

(b)the amount of income support to which he is entitled in the first week is more than the amount of housing benefit to which he would, but for this sub-paragraph, have been entitled in the period of 7 consecutive days beginning on 9th October 1989,

the protected sum applicable to the claimant shall be an amount equal to X+Y+10 pence.

(3) In sub-paragraph (2)–

“X” means the sum which, but for sub-paragraph (2), would be the protected sum applicable under sub-paragraph (1);

“Y” means the amount of the excess to which sub-paragraph (2)(a) refers.

(4) For the period beginning with the claimant’s relevant benefit week the protected sum applicable to the claimant shall, subject to sub-paragraph (6) and the following paragraphs of this Schedule, be–

(a)the total of–

(i)the amount of the allowance for personal expenses for the claimant or, if he is a member of a family, for him and for each member of his family in the first week determined, or which, but for any temporary absence, would have been determined, in accordance with paragraph 11 of Schedule 5 as then in force;

(ii)[F454subject to sub-paragraph (7)] the amount of any increase for meals in the first week determined, or which, but for any temporary absence, would have been determined, in accordance with paragraph 2 of that Schedule; and

(iii)the amount or, if he is a member of a family, the aggregate of the amounts determined in accordance with sub-paragraph (5),

less the aggregate of his applicable amount in the second week determined, or which, but for any temporary absence, would have been determined, in accordance with the relevant provisions and, where applicable, the amount of any reduction in the protected sum made by virtue of paragraph 4 in a benefit week occurring before the relevant benefit week; or

(b)the amount of the protected sum which was applicable to him in the immediately preceding benefit week,

whichever is the lower.

(5) For the purposes of sub-paragraph (4)(a), where in the first week the accommodation charge makes or, but for any temporary absence, would have made, provision or no provision for meals, as respects each person an amount shall be determined as follows–

(a)in a case where the provision is for at least three meals a day–

(i)for the claimant, £17.20;

(ii)for a member of his family aged 16 or over, £12.50;

(iii)for a member of his family aged less than 16, £6.25;

(b)except where head (c) applies, in a case where the provision is for less than three meals a day–

(i)for the claimant, £13.85;

(ii)for a member of his family aged 16 or over, £8.30;

(iii)for a member of his family aged less than 16, £4.15;

(c)in a case where the provision is for breakfast only–

(i)for the claimant, £7.05;

(ii)for a member of his family, £1.50;

(d)in a case where there is no provision for meals, for the claimant or, if he is a member of a family, for the claimant and for the members of his family for whom there is no such provision, £5.55;

(6) Where in the relevant benefit week the claimant is in, or only temporarily absent from, residential accommodation, the protected sum applicable to the claimant for the period beginning with that week shall[F455, subject to the following paragraphs of this Schedule,] be–

(a)equal to the difference between–

(i)the amount of the allowance for personal expenses for the claimant or, if he is a member of a family, for him and for each member of his family in the first week determined, or which, but for any temporary absence, would have been determined, in accordance with paragraph 11 of Schedule 5 as then in force; and

(ii)the amount of the allowance for personal expenses for the claimant or, if he is a member of a family, for him and for each member of his family in the second week determined, or which, but for any temporary absence would have been determined, under paragraph 13 of Schedule 7 (persons in residential accommodation),

less, where applicable, the amount of any reduction in the protected sum made by virtue of paragraph 4 in a benefit week occurring before the relevant benefit week; or

(b)the amount of the protected sum which was applicable to him in the immediately preceding benefit week,

whichever is the lower.

[F456(7) In the case of a member of a family who in the first week is a child aged less than 11, the amount of any increase for meals under sub-paragraph (4)(a)(ii) shall be either—

(a)the amount of any such increase in the first week determined, or which, but for any temporary absence, would have been determined, in accordance with paragraph 2 of Schedule 5 as then in force; or

(b)£17.65,

whichever is the lower.]

Textual Amendments

F454Words in Sch. 3B para. 2(4)(a)(ii) inserted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 20(a)(i)

F455Words in Sch. 3B para. 2(6) inserted (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(b), 9(b)

F456Sch. 3B para. 2(7) added (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 20(a)(ii)

Persons not entitled to a protected sumE+W+S

3.—(1) Subject to paragraph 6, a protected sum shall not be applicable to a claimant where he changes or vacates his hostel during the period of 7 consecutive days beginning 9th October 1989.

(2) Except where regulation 8(2)(b) of the Housing Benefit (General) Regulations 1987 (eligible housing costs) applies, a protected sum shall not be applicable to a claimant unless he, or any partner of his, is entitled to housing benefit for the period of 7 consecutive days beginning 9th October 1989 or, where paragraph 6(4)(b) applies, for the period of 7 consecutive days referred to in that paragraph, in respect of the hostel normally occupied as the home by him, or if he has a partner, by him and his partner.

(3) A protected sum shall not be applicable to a claimant where–

(a)he has been or would, but for any temporary absence, have been in the same accommodation in both the March benefit week and the second week, and–

(i)his applicable amount in both those weeks fell or would have fallen, but for any temporary absence, to be determined under paragraph 13(1) of Schedule 7; or

(ii)his applicable amount in the second week fell or would have fallen, but for any temporary absence, to be determined under that paragraph and would also have fallen to be so determined in the March benefit week had his stay in that accommodation been other than temporary; or

(b)his applicable amount in the second week fell or would have fallen, but for any temporary absence, to be determined under that paragraph and would also have fallen to be so determined in the March benefit week had he been in the same accommodation in that week and had his stay in that accommodation been other than temporary;[F457or

(c)his applicable amount in the first week fell or would have fallen, but for any temporary absence, to be determined under regulation 20 but would not have fallen to be so determined in the March benefit week had he been in the same accommodation in that week and had his stay in that accommodation been other than temporary.]

[F458(4) For the purposes of sub-paragraph (3), where–

(a)a claimant’s applicable amount in respect of the March benefit week has been determined under paragraph 13(1) of Schedule 7 and it is subsequently determined on review that it fell to be determined under regulation 20, he shall, notwithstanding that review, be treated as if his applicable amount fell to be determined under that paragraph;

(b)a claimant has been temporarily absent from his accommodation in the March benefit week and immediately before the period of temporary absence his applicable amount was determined under paragraph 13(1) of Schedule 7, he shall be treated as if his applicable amount would have fallen to be determined under that paragraph during the period of temporary absence notwithstanding that it is subsequently determined on review that immediately before the period of temporary absence it fell to be determined under regulation 20;

(c)a claimant has entered his accommodation after the March benefit week, he shall be treated as if his applicable amount, had he been in that accommodation in the March benefit week, would not have fallen to be determined under regulation 20 in that week if the applicable amounts of other claimants in that accommodation in that week were determined otherwise than under that regulation notwithstanding that it is subsequently determined on review that they fell to be determined under regulation 20.]

Textual Amendments

F457Sch. 3B para. 3(3)(c) and word added (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(b), 9(c)(i)

F458Sch. 3B para. 3(4) added (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(b), 9(c)(ii)

Reduction of protected sumE+W+S

4.—(1) Subject to [F459sub-paragraphs (2) and (3)], the protected sum shall be reduced by the amount of any increase, in a benefit week subsequent to the second week, in the claimant’s applicable amount determined in accordance with the relevant provisions.

(2) Where regulation 22 (reduction in certain cases of unemployment benefit disqualification) ceases to apply to a claimant and as a result his applicable amount increases no account shall be taken of that increase.

[F460(3) where a claimant’s applicable amount increases because a child or young person mentioned in paragraph (5)(c) of regulation 16 (circumstances in which a person is treated or not treated as a member of the household) is treated as a member of the claimant’s household under paragraph (6) of that regulation, the claimant’s protected sum shall not be reduced by the amount of that increase unless the child or young person has been treated as a member of the household for a continuous period which exceeds 8 weeks.]

Textual Amendments

F459Words in Sch. 3B para. 4(1) substituted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 20(b)(i)

F460Sch. 3B para. 4(3) added (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 20(b)(ii)

Termination of protected sumE+W+S

5.  Subject to paragraph 6, the protected sum shall cease to be applicable if–

(a)that amount is reduced to nil under paragraph 4; or

(b)the claimant changes or vacates his hostel; or

(c)the claimant ceases to be entitled to income support.

Modifications in cases of temporary absence and loss of entitlement to income supportE+W+S

6.—(1) Paragraph 5(b) shall not apply to a claimant if–

(a)he becomes a patient within the meaning of regulation 21(3) (special cases); or

(b)on his ceasing to be a patient within the meaning of regulation 21(3), he returns to the hostel which he occupied immediately before he became a patient; or

(c)in a case to which sub-paragraph (3) applies, on his becoming re-entitled to income support, he is in the accommodation which he occupied immediately before he ceased to be entitled to income support.

(2) Except where sub-paragraph (4) applies, where a protected sum was applicable to the claimant immediately before he or any partner of his became a patient within the meaning of regulation 21(3) for a period of 14 weeks or less, he shall, subject to sub-paragraph (1)(b), on his or, as the case may be, his partner ceasing to be a patient be entitled to a protected sum equal to–

(a)the amount by which his protected total exceeds his applicable amount determined in accordance with the relevant provisions in the first benefit week in which his applicable amount ceases to be determined under paragraph 1 of Schedule 7 and either–

(i)any eligible housing benefit for the period of 7 consecutive days beginning on 9th October 1989; or, if greater,

(ii)in a case where sub-paragraph (4)(b) applied, any eligible housing benefit for the period of 7 consecutive days referred to in that sub-paragraph; or

[F461(aa)where the first benefit week in which his applicable amount ceases to be determined under paragraph 1 of Schedule 7 is the relevant benefit week, the amount determined under paragraph 2(4) or, as the case may be, paragraph 2(6), less any reduction under paragraph 4(1) other than a reduction which arises by virtue of his ceasing to be a patient within the meaning of regulation 21(3); or]

(b)the amount of the protected sum to which he was entitled in the immediately preceding benefit week,

whichever is the lower.

(3) Paragraph 5(c) shall not apply to a claimant who has ceased to be entitled to income support for [F462a period not exceeding the permitted period determined in accordance with regulation 3A (permitted period)]–

(a)if immediately before he ceased to be so entitled a protected sum was applicable to him; and

(b)except where sub-paragraph (4) applies, if during that period he becomes re-entitled, or would by virtue of this sub-paragraph be re-entitled, to income support he shall, subject to sub-paragraph (1)(c), be entitled to a protected sum equal to–

(i)the amount by which his protected total exceeds his applicable amount determined in accordance with the relevant provisions in the first benefit week in which he becomes so re-entitled and either any eligible housing benefit for the period of 7 consecutive days beginning 9th October 1989 or, if greater, in a case to which sub-paragraph (4)(b) applied, any eligible housing benefit for the period of 7 consecutive days referred to in that sub-paragraph; or

[F463(ii)where the first benefit week in which he becomes so re-entitled is the relevant benefit week, the amount determined under paragraph 2(4) or, as the case may be, paragraph 2(6), less any reduction under paragraph 4(1) in that benefit week; or

(iii)where the first benefit week in which he becomes so re-entitled is a week subsequent to the relevant benefit week, the amount which would have been determined under paragraph 2(4) or, as the case may be, paragraph 2(6) had he been entitled in the relevant benefit week, less any reduction under paragraph 4(1) in the benefit week in which he becomes re-entitled; or

(iv)the amount of the protected sum to which he was previously entitled,]

whichever is the lower.

(4) Where a claimant or any partner of his is temporarily absent from his accommodation for a period not exceeding 14 weeks which includes the first or second week (or both)–

(a)in a case where a protected sum was applicable to the claimant immediately before his or, as the case may be, his partner’s return to that accommodation and the full charge was made for the accommodation during the temporary absence, on the claimant’s or, as the case may be, his partner’s return to that accommodation, the claimant shall be entitled to a protected sum equal to–

(i)the amount by which his protected total exceeds his applicable amount determined in accordance with the relevant provisions in the first complete benefit week after his, or as the case may be, his partner’s return to that accommodation and any eligible housing benefit for the period of 7 consecutive days beginning 9th October 1989; or

(ii)the amount of the protected sum which was applicable to him in the immediately preceding benefit week,

whichever is the lower.

(b)in a case where–

(i)a protected sum has not at any time been applicable to the claimant; or

(ii)immediately before the claimant’s or, as the case may be, his partner’s return to that accommodation a protected sum was applicable to the claimant but a reduced charge was made for the accommodation during the temporary absence,

the claimant on his or, as the case may be, his partner’s return to that accommodation shall, subject to sub-paragraph (5), be entitled to a protected sum equal to the amount by which his protected total exceeds his applicable amount determined in accordance with the relevant provisions in the first complete benefit week after his or, as the case may be, his partner’s return to that accommodation and the amount of eligible housing benefit for the period of 7 consecutive days beginning on the date determined in accordance with regulation 65 or, as the case may be, 68(2) of the Housing Benefit (General) Regulations 1987 (date on which entitlement is to commence or change of circumstances is to take effect) following that person’s return to that accommodation.

(5) Where, in a case to which sub-paragraph (4)(b)(i) applies–

(a)in the first complete benefit week after the claimant’s or, as the case may be, his partner’s return to his accommodation the claimant’s income calculated in accordance with Part V or, as the case may be, VI exceeds the aggregate of his applicable amount determined in accordance with the relevant provisions and X; and

(b)the amount of income support to which he was entitled in the first week is more than the amount of housing benefit to which he would, but for this sub-paragraph, have been entitled in the period of 7 consecutive days beginning on the date determined in accordance with regulation 65 or, as the case may be, 68(2) of the Housing Benefit (General) Regulations 1987 following his or, as the case may be, his partner’s return to that accommodation,

the protected sum applicable to the claimant shall be an amount equal to X+Y+10 pence.

(6) In sub-paragraph (5)–

“X” means the sum which, but for sub-paragraph (5), would be the protected sum applicable in a case to which sub-paragraph (4)(b)(i) applies;

“Y” means the amount of the excess to which sub-paragraph (5)(a) refers.

(7) The foregoing provisions of this paragraph shall not apply to a claimant if he or, if he has a partner, he or his partner, in the first week is temporarily living in a hostel and that accommodation is not the accommodation normally occupied as the home.]

Textual Amendments

F461Sch. 3B para. 6(2)(aa) inserted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 20(c)(i)

F462Words in Sch. 3B para. 6(3) substituted (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(b), 9(d)

Regulation 19

SCHEDULE 4E+W+S

PART IE+W+Sapplicable amounts of persons in residential care and nursing homes

1.—(1) Subject to sub-paragraph (2), the weekly applicable amount of a claimant to whom regulation 19 applies shall be the aggregate of—E+W+S

(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 12 applies, subject to the maximum determined in accordance with paragraph 5; and

(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 13; and

(c)where he is only temporarily in such accommodation any amount applicable under [F464regulation 17(1)(e) or 18(1)(f)] (housing costs) in respect of the dwelling normally occupied as the home; [F465and

(d)any amount determined in accordance with regulation 17(1)(f) or 18(1)(g) (applicable amounts).]

(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 in like manner as for the claimant, except where otherwise provided, would exceed £3,000.

Textual Amendments

Modifications etc. (not altering text)

C10Sch. 4 Pt. I para. 1(2) sum confirmed (coming into force in accordance with art. 1(2)(e) of the amending S.I.) by The Social Security Benefits Up-rating Order 1990 (S.I. 1990/320), arts. 1(2)(e), 14(2)

Commencement Information

I122Sch. 4 para. 1 in force at 11.4.1988, see reg. 1

2.—(1) Where, in addition to the weekly charge for accommodation, a separate charge is made for the provision of heating, attention in connection with bodily functions, supervision, extra baths, laundry or a special diet needed for a medical reason, the weekly charge for the purpose of paragraph 1(1)(a) shall be increased by the amount of that charge.E+W+S

(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 residential care or nursing home, 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; and

(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.

Modifications etc. (not altering text)

C11Sch. 4 sums confirmed (coming into force in accordance with art. 1(2)(e) of the amending S.I.) by The Social Security Benefits Up-rating Order 1990 (S.I. 1990/320), arts. 1(2)(e), 14(9), Sch. 5 Pt. II

Commencement Information

I123Sch. 4 para. 2 in force at 11.4.1988, see reg. 1

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).E+W+S

Commencement Information

I124Sch. 4 para. 3 in force at 11.4.1988, see reg. 1

F4664.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

Commencement Information

I125Sch. 4 para. 4 in force at 11.4.1988, see reg. 1

5.—(1) Subject to paragraph 12 the maximum referred to in paragraph 1(1)(a) shall be—E+W+S

(a)in the case of a single claimant, the appropriate amount in respect of that claimant specified in or determined in accordance with paragraphs 6 to 11;

[F467(b)in the case of a claimant who is a member of a family the aggregate of the following amounts–

(i)in respect of the claimant, the appropriate amount in respect of him specified in or determined in accordance with paragraph 6 to 11;

(ii)in respect of each member of his family who lives in the home aged under 11, 1½ times the amount specified in paragraph 2(a) of Schedule 2;

(iii)in respect of each member of his family aged not less than 11 who lives in the home, an amount which would be the appropriate amount specified in or determined in accordance with paragraph 6 to 11 if the other member were the claimant.]

(2) The maximum amount in respect of a member of the family aged under 11 calculated in the manner referred to in sub-paragraph (1) (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.

Textual Amendments

Commencement Information

I126Sch. 4 para. 5 in force at 11.4.1988, see reg. 1

Residential care homesE+W+S

6.—(1) Subject to sub-paragraph (2) and paragraphs 8 to 11, where the accommodation provided for the claimant is a residential care home for persons in need of personal care by virtue of—

(a)old age, the appropriate amount shall be [F468£155.00] per week;

(b)past or present mental disorder but excluding mental handicap, the appropriate amount shall be [F469£155.00] per week;

(c)past or present drug or alcohol dependence, the appropriate amount shall be [F470£155.00] per week;

(d)mental handicap, the appropriate amount shall be [F471£180.00] per week;

(e)physical disablement, the appropriate amount shall be—

(i)in the case of a person to whom paragraph 8 applies, [F472£215.00] per week, or

(ii)in any other case [F473£155.00] per week; or

(f)any condition not falling within sub-paragraphs (a) to (e) above, the appropriate amount shall be [F474£155.00] per week.

(2) Where the claimant is over pensionable age and—

[F475(a)he is registered as blind in a register compiled by a local authority under section 29 of the National Assistance Act (welfare services) or, in Scotland has been certified as blind and in consequence he is registered as blind in a register maintained by or on behalf of a regional or islands council; or]

(b)there is in respect of him a certificate, issued by the Attendance Allowance Board under section 35(2) of the Social Security Act F476, which states that he has satisfied or is likely to satisfy both the conditions mentioned in section 35(1) of that Act; or

(c)he is in receipt of any payment based on need for attendance which is payable—

(i)under section 61 of the Social Security Act F477

(ii)by virtue of article 14 of the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 1983 F478 or article 14 of the Personal Injuries (Civilians) Scheme 1983 F479

the appropriate amount shall, except where sub-paragraph (1)(d) or (e)(i) applies, be [F480£170.00] per week.

Textual Amendments

F468Sum in Sch. 4 para. 6(1)(a) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) Amendment No. 2 Regulations 1990 (S.I. 1990/1168), regs. 1(1)(b), 3(a)(i)

F469Sum in Sch. 4 para. 6(1)(b) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) Amendment No. 2 Regulations 1990 (S.I. 1990/1168), reg. 3(a)(i)

F470Sum in Sch. 4 para. 6(1)(c) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) Amendment No. 2 Regulations 1990 (S.I. 1990/1168), reg. 3(a)(i)

F471Sum in Sch. 4 para. 6(1)(d) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) Amendment No. 2 Regulations 1990 (S.I. 1990/1168), reg. 3(a)(ii)

F472Sum in Sch. 4 para. 6(1)(e)(i) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) Amendment No. 2 Regulations 1990 (S.I. 1990/1168), reg. 3(a)(iii)

F473Sum in Sch. 4 para. 6(1)(e)(ii) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) Amendment No. 2 Regulations 1990 (S.I. 1990/1168), regs. 1(1)(b), 3(a)(i)

F474Sum in Sch. 4 para. 6(1)(f) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) Amendment No. 2 Regulations 1990 (S.I. 1990/1168), reg. 3(a)(i)

F4761975 c. 14; section 35(2) was amended and subsection (2A) was added by the Social Security Act 1979 (c. 18) section 2. Subsections (3) and (4) of section 61 were added by the Social Security Act 1986 (c. 50) section 39, Schedule 3 paragraph 6.

F477subsections (3) and (4) of section 61 were added by the Social Security Act 1986 (c. 50) section 39, Schedule 3 paragraph 6.

F480Sum in Sch. 4 para. 6(2) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) Amendment No. 2 Regulations 1990 (S.I. 1990/1168), reg. 3(a)(iv)

Commencement Information

I127Sch. 4 para. 6 in force at 11.4.1988, see reg. 1

Nursing homesE+W+S

7.  Subject to paragraphs 8 to 11, where the accommodation provided for the claimant is a nursing home for persons in need of personal care by virtue of—

(a)past or present mental disorder but excluding mental handicap, the appropriate amount shall be [F481£210.00] per week;

(b)mental handicap, the appropriate amount shall be [F482£225.00] per week;

(c)past or present drug or alcohol dependence the appropriate amount shall be [F483£210.00] per week;

(d)physical disablement, the appropriate amount shall be—

(i)in the case of a person to whom paragraph 8 applies, [F484£255.00] per week, or

(ii)in any other case, [F485£210.00] per week;

(e)terminal illness, the appropriate amount shall be [F486£260.00] per week; or

(f)any condition not falling within sub-paragraphs (a) to (e) the appropriate amount shall be [F487£210.00] per week.

Textual Amendments

F481Sum in Sch. 4 para. 7(a) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) Amendment No. 2 Regulations 1990 (S.I. 1990/1168), reg. 3(b)(i)

F482Sum in Sch. 4 para. 7(b) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) Amendment No. 2 Regulations 1990 (S.I. 1990/1168), regs. 1(1)(b), 3(b)(ii)

F483Sum in Sch. 4 para. 7(c) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) Amendment No. 2 Regulations 1990 (S.I. 1990/1168), regs. 1(1)(b), 3(b)(i)

F484Sum in Sch. 4 para. 7(d)(i) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) Amendment No. 2 Regulations 1990 (S.I. 1990/1168), regs. 1(1)(b), 3(b)(iii)

F485Sum in Sch. 4 para. 7(d)(ii) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) Amendment No. 2 Regulations 1990 (S.I. 1990/1168), regs. 1(1)(b), 3(b)(i)

F486Sum in Sch. 4 para. 7(e) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) Amendment No. 2 Regulations 1990 (S.I. 1990/1168), regs. 1(1)(b), 3(b)(iv)

F487Sum in Sch. 4 para. 7(f) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) Amendment No. 2 Regulations 1990 (S.I. 1990/1168), regs. 1(1)(b), 3(b)(i)

Commencement Information

I128Sch. 4 para. 7 in force at 11.4.1988, see reg. 1

8.  For the purposes of paragraphs 6(e) and 7(d) this paragraph applies to a person under pensionable age or a person over pensionable age who, before attaining pensionable age, had become physically disabled.E+W+S

Commencement Information

I129Sch. 4 para. 8 in force at 1.4.1988, see reg. 1

9.  The appropriate amount applicable to a claimant in a residential care home or nursing home shall, subject to paragraph 10, be determined—E+W+S

(a)where the home is a residential care home registered under Part I of the Registered Homes Act 1984 F488, by reference to the particulars recorded in the register kept by the relevant registration authority for the purposes of that Act; or

(b)where the home is a residential care home not so registered or a nursing home, by reference to the type of care which, taking into account the facilities and accommodation provided, the home is providing to the claimant.

Textual Amendments

Commencement Information

I130Sch. 4 para. 9 in force at 11.4.1988, see reg. 1

10.—(1) Where more than one amount would otherwise be applicable, in accordance with paragraph 9, to a claimant in a residential care home or a nursing home, the appropriate amount in any case shall be determined in accordance with the following sub-paragraphs.E+W+S

(2) Where the home is a residential care home registered under Part I of the Registered Homes Act 1984 and where the personal care that the claimant is receiving corresponds to the care received by a category of residents for whom the register indicates that the home provides accommodation, the appropriate amount shall be the amount, in paragraph 6 or 8, as the case may be, as is consistent with that personal care.

(3) Where the home is a residential care home which is so registered but where the personal care that the claimant is receiving does not correspond to the care received by a category of residents for whom the register indicates that the home provides accommodation, the appropriate amount shall be the lesser or least amount, in paragraphs 6 or 8, as the case may be, as is consistent with those categories.

(4) In any case not falling within sub-paragraph (2) or (3), the appropriate amount shall be whichever amount of the amounts applicable in accordance with paragraphs 6 or 7 and 9 is, having regard to the types of personal care that the home provides, most consistent with the personal care being received by the claimant in that accommodation.

Commencement Information

I131Sch. 4 para. 10 in force at 11.4.1988, see reg. 1

11.—(1) Where the accommodation provided for the claimant is a residential care home or a nursing home which is, in either case, situated in the Greater London area and the actual charge for that accommodation exceeds the appropriate amount in his case by virtue of the preceding paragraphs of this Schedule, that amount shall be increased by any excess up to [F489£23.00].E+W+S

(2) In sub-paragraph (1), “the Greater London area” means all those areas specified [F490immediately before 10th April 1989 as being within Area 53 in Schedule 6 as then in force.]

Textual Amendments

F489Sch. 4 sums amended (coming into force in accordance with art. 1(2)(e) of the amending S.I.) by The Social Security Benefits Up-rating Order 1990 (S.I. 1990/320), arts. 1(2)(e), 14(8), Sch. 5 Pt. I

F490Words in Sch. 4 para. 11(2) substituted (with effect in accordance with reg. 1(1)(a) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 8

Commencement Information

I132Sch. 4 para. 11 in force at 11.4.1988, see reg. 1

Circumstances in which the maximum is not to applyE+W+S

12.—(1) Where a claimant who satisfies the conditions in sub-paragraph (2) has been able to meet the charges referred to in paragraphs 1 and 2 without recourse to income support or supplementary benefit, the maximum determined in accordance with paragraph 5 shall not apply for the 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 the balance of the actual charge over the maximum.

(2) The conditions for the purposes of sub-paragraph (1) are that—

(a)the claimant has lived in the same accommodation for more than 12 months; and

(b)he was able to afford the charges in respect of that accommodation when he took up residence; and

(c)having regard to the availability of suitable alternative accommodation and to the circumstances mentioned in paragraph 10(7)(b) of Schedule 3 (housing costs), it is reasonable that the maximum should not apply in order to allow him time to find alternative accommodation; and

(d)he is not a person who is being accommodated—

(i)by a housing authority under Part III of the Housing Act 1985 F491 (housing the homeless), or

(ii)by a local authority under section 1 of the Child Care Act 1980 F492 (duty of local authorities to promote welfare of children) or, in Scotland, section 12 of the Social Work (Scotland) Act 1968 F493 (general welfare); and

(e)he is seeking alternative accommodation and intends to leave his present accommodation once alternative accommodation is found.

(3) Where—

(a)the claimant was a resident in a residential care home or nursing home immediately before 29 April 1985 and has continued after that date to be resident in the same accommodation, apart from any period of temporary absence; and

(b)immediately before that date, the actual charge for the claimant's accommodation was being met either wholly or partly out of the claimant's resources, or, wholly or partly out of other resources which can no longer be made available for this purpose; and

(c)since that date the local authority have not at any time accepted responsibility for the making of arrangements for the provision of such accommodation for the claimant; and

(d)the Secretary of State, in his discretion, has determined that this sub-paragraph shall have effect in the particular case of the claimant in order to avoid exceptional hardship,

the maximum amount shall be the rate specified in sub-paragraph (4) if that rate exceeds the maximum which, but for this sub-paragraph, would be determined under paragraph 5.

(4) For the purposes of sub-paragraph (3) the rate is either—

(a)the actual weekly charge for the accommodation immediately before 29 April 1985 plus £10; or

(b)the aggregate of the following amounts—

(i)the amount estimated under regulation 9(6) of the Supplementary Benefit (Requirements) Regulations 1983 F494 as then in force as the reasonable weekly charge for the area immediately before that date;

(ii)£26.15; and

(iii)if the claimant was entitled at that date to attendance allowance under section 35 of the Social Security Act at the higher rate £28.60 or, as the case may be, at the lower rate, £19.10,

whichever is the lower amount.

Textual Amendments

Commencement Information

I133Sch. 4 para. 12 in force at 11.4.1988, see reg. 1

Personal allowancesE+W+S

13.  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 [F489£10.55]; and, if he has a partner, for his partner, [F489£10.55];

(b)for a young person aged 18, [F489£10.55];

(c)for a young person aged under 18 but over 16, [F489£7.35];

(d)for a child aged under 16 but over 11, [F489£6.35];

(e)for a child aged under 11, [F489£4.30].

Textual Amendments

F489Sch. 4 sums amended (coming into force in accordance with art. 1(2)(e) of the amending S.I.) by The Social Security Benefits Up-rating Order 1990 (S.I. 1990/320), arts. 1(2)(e), 14(8), Sch. 5 Pt. I

Commencement Information

I134Sch. 4 para. 13 in force at 11.4.1988, see reg. 1

PART IIE+W+Spersons to whom regulation 19 does not apply

[F49514.  A claimant or, if he is a member of a family, the claimant and the members of his family where the accommodation and meals (if any) of the claimant or, as the case may be, the claimant and the members of his family are provided in whole or in part by a close relative of his or of any member of his family, or other than on a commercial basis.]E+W+S

Textual Amendments

Commencement Information

I135Sch. 4 para. 14 in force at 11.4.1988, see reg. 1

15.  A person who is on holiday and during a period which has not continued for more than 13 weeks is absent from his home or from a hospital or similar institution in which he is normally a patient.E+W+S

Commencement Information

I136Sch. 4 para. 15 in force at 11.4.1988, see reg. 1

16.  A person who has entered a residential care or nursing home for the purpose of receiving an amount of income support to which he would not otherwise be entitled.E+W+S

Commencement Information

I137Sch. 4 para. 16 in force at 11.4.1988, see reg. 1

17.  A person aged 16 or over but under 19 who is in the care of a local authority under a relevant enactment except someone who is personally liable to pay the cost of his accommodation and maintenance direct to someone other than a local authority.E+W+S

Commencement Information

I138Sch. 4 para. 17 in force at 11.4.1988, see reg. 1

Regulation 20

F496SCHEDULE 5E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F496Sch. 5 omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 12

Regulation 20(2) paragraph 5 of Schedule 5

SCHEDULE 6E+W+SBOARD AND LODGING AREAS

F497...E+W+S

Textual Amendments

Regulation 21

SCHEDULE 7E+W+SAPPLICABLE AMOUNTS IN SPECIAL CASES

Commencement Information

I139Sch. 7 in force at 11.4.1988, see reg. 1

Column (1)Column (2)

Patients

1.  Subject to paragraphs 2, [F4982A,] 3 and 18, a person who has been a patient for a period of more than six weeks and who is—

(a)a single claimant;

1.— 

(a)[F499£11.75] plus any amount applicable under regulation 17[F500(1)](e)[F501, (f) or (g)]

(b)lone parent;

(b)[F499£11.75] plus any amounts applicable to him under regulation 17[F500(1)](b), (c)[F502, (e)][F501, (f) or (g)] or under regulation 17[F500(1)](d) because of paragraph 8 or 14 of Schedule 2 (applicable amounts);

(c)a member of a couple—

(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;

(c)(i)the amount applicable in respect of both of them under regulation 17[F500(1)] reduced by [F499£9.40];

(ii)where both members of the couple have been a patient for that period;

(ii)[F499£23.50] plus any amounts which may be applicable under regulation 17[F500(1)](b), (c)[F502, (e)][F501, (f) or (g)] or under regulation 17[F500(1)](d) because of paragraph 14 of Schedule 2;

(d)a member of a polygamous marriage—

(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;

(d)(i)the applicable amount under regulation 18 (polygamous marriages) shall be reduced by [F499£9.40] 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.

[F503(ii) the applicable amount shall be [F499£11.75] in respect of each member plus any amounts applicable under regulation 18(1)(c), (d), (f)[F504, (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—

(i)a person has been appointed to act for him under regulation 33 of the Social Security (Claims and Payments) Regulations 1987 F505 (persons unable to act); and

2.— 

(a)Such amount (if any) not exceeding [F499£9.40] 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;

(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)[F499£9.40].

[F5062A.   A single claimant who is detained under the provisions of the Mental Health Act 1983 or the Mental Health (Scotland) Act 1984 and who immediately before his detention under either of those Acts was a prisoner.

2A.  £9.40]

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

3.— 

(a)The amount applicable to him under regulation 17[F500(1)] or 18 except that the amount applicable under regulation 17[F500(1)](b) [F507or 18(1)(c)] in respect of the child or young person referred to in Column (1) of this paragraph shall be [F499£9.40] 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[F500(1)](b) [F507or 18(1)(c)] in respect of the child or young person referred to in Column (1) of this paragraph shall be [F499£9.40] instead of an amount determined in accordance with paragraph 2 of Schedule 2.

F508. . .F508. . .
F509. . .F509. . .
Claimants without accommodation

6.  A claimant who is without accommodation.

6.  The amount applicable to him under regulation 17[F500(1)](a) only.

Members of religious orders

7.  A claimant who is a member of and fully maintained by a religious order.

7.  Nil.

Prisoners

Valid from 12/04/2004

8.  A person—

(a)except where sub-paragraph (b) applies, who is a prisoner;

8.— 

(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 17[F500(1)](e).

Specified cases of temporarily separated couples

9.  A claimant who is a member of a couple and who is temporarily separated from his partner [F510where—

(a)one member of the couple is–

(i)not a patient but is resident in a nursing home, or

(ii)resident in a residential care home, or

(iii)resident in premises used for the rehabilitation of alcoholics or drug addicts, or

(iv)resident in accommodation provided under section 3 of and Part II of the Schedule to, the Polish Resettlement Act 1947 (provision of accommodation in camps) , or

(v)participating in arrangements for training made under section 2 of the Employment and Training Act 1973 or attending a course at an employment rehabilitation centre established under that section, where the course requires him to live away from the dwelling occupied as the home, or

(vi)in a probation or bail hostel approved for the purpose by the Secretary of State; and

(b)the other member of the couple is–

(i)living in the dwelling occupied as the home, or

(ii)a patient, or

(iii)in residential accommodation, or

(iv)resident in a residential care home or nursing home.]

9.  Either—

(a)the amount applicable to him as a member of a couple under regulation 17[F500(1)]; or

(b)the aggregate of his applicable amount and that of his 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 marriages where one or more partners are temporarily separated

10.  A claimant who is a member of a polygamous marriage and who is temporarily separated from a partner of his, where one of them is living in the home while the other member is—

(a)not a patient but is resident in a nursing home; or

(b)resident in a residential care home; or

(c)F511. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)resident in premises used for the rehabilitation of alcoholics or drug addicts; or

(e)attending a course of training or instruction provided or approved by the [F512Training Commission] where the course requires him to live away from home; or

(f)in a probation or bail hostel approved for the purpose by the Secretary of State.

10.  Either—

(a)the amount applicable to the members of the polygamous marriage under regulation 18; or

(b)the aggregate of the amount applicable for the members of the polygamous marriage who remain in the home under regulation 18 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.

[F513Single claimants temporarily in local authority accommodation

10A.  Except where paragraph 10B(4) applies, a single claimant who is temporarily in accommodation referred to in [F514any of sub-paragraphs (a) to (d) ([F515excluding heads (i) and (ii)] of sub-paragraph (d)) of the definition of residential accommodation] in regulation 21(3) (special cases).

[F51610A.  [F499£46.90] of which [F499£37.50] is in respect of the cost of the accommodation and [F499£9.40] for personal expenses plus any amounts applicable under regulation 17(1)(e), [F517(f) or (g)].]

Couples and members of polygamous marriages where one member is or all are temporarily in local authority accommodation

10B.  —

(1) A claimant who is a member of a couple and temporarily separated from his partner where one of them is living in the home while the other is in accommodation referred to in [F518any of sub-paragraphs (a) to (d) ([F519excluding heads (i) and (ii)] of sub-paragraph (d)) of the definition of residential accommodation] in regulation 21(3) (special cases).

(1) The aggregate of the amount applicable for the member who remains in the home calculated as if he were a single claimant under regulation 17[F500(1)], 19F520... or 21 and in respect of the other member, [F499£46.90] of which [F499£37.50] is in respect of the cost of the accommodation and [F499£9.40] for personal expenses.

(2) A claimant who is a member of a polygamous marriage and who is temporarily separated from a partner of his where one is, or some are, living in the home while one is, or some are, in accommodation referred to in sub-paragraph (1).

(2) The aggregate of the amount applicable, for the members of the polygamous marriage who remain in the home, under regulation 18 and in respect of each member not in the home [F499£46.90] of which [F499£37.50] is in respect of the accommodation and [F499£9.40] for personal expenses.

(3) A claimant who is a member of a couple or a member of a polygamous marriage where both members of that couple or all the members of that marriage are in accommodation referred to in sub-paragraph (1).

(3) For each member of that couple or marriage [F499£46.90], of which [F499£37.50] is in respect of the accommodation and [F499£9.40] for personal expenses plus, if appropriate, the amount applicable under regulation [F52117(1)(e), (f) or (g) or 18(1)(f), (g) or (h)].

(4) A claimant who is a member of a couple or of a polygamous marriage to whom regulation 16(1) (members of the household) does not apply by virtue of sub-paragraph (3)(c) of that regulation where the member is in accommodation referred to in subparagraph (1).

(4) [F499£46.90] of which [F499£37.50] is in respect of the accommodation and [F499£9.40] for personal expenses.]

[F522Lone parents who are in residential accommodation temporarily

10C.  A claimant who is a lone parent who has entered residential accommodation temporarily.

10C.  [F499£46.90] of which [F499£37.50] is in respect of accommodation and [F499£9.40] for [F523personal 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.]]

[F524Lone parents who are in residential care homes or nursing homes temporarily

10D.  A claimant who is a lone parent who is in a residential care home or nursing home temporarily.

10D.  Any amount applicable to the claimant under [F525paragraph 1(1)(a), (b) and (c)] of Schedule 4, determined as if he were a single claimant, plus–

(a)in respect of each child who is a member of his family, the appropriate amount in respect of him prescribed in paragraph 2(a) or (b) 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 the home, under regulation 17(1)(c), (f) or (g), or (d) in so far as it relates to the lone parent premium under paragraph 8 of Schedule 2.]

Couples where one member is abroad

11.  [F526Subject to paragraph 11A,] a claimant who is a member of a couple and whose partner is temporarily not present in [F527United Kingdom.]

11.  For the first four weeks of that absence, the amount applicable to them as a couple under regulation 17[F500(1)], or [F52819 or 21] as the case may be and thereafter the amount applicable to the claimant in Great Britain under regulation 17[F500(1)] or [F52819 or 21] as the case may be as if the claimant were a single claimant or, as the case may be, a lone parent.

[F529Couple 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.]

[F530Polygamous 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.]

[F531Polygamous 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.]

Persons in residential accommodation

13.—(1) Subject to sub-paragraph (2), a person in or only temporarily absent from residential accommodation who is—

13.—(1) [F532Any amount applicable under regulation [F53317(1)(f) or (g) or 18(1)(g)or(h)], plus]

(a)a single claimant;

(a)[F499£46.90] of which [F499£37.50] is in respect of the cost of the residential accommodation and [F499£9.40] for personal expenses;

(b)a lone parent;

(b)the amount specified in sub-paragraph (a) of this column;

(c)one of a couple;

(c)twice the amount specified in sub-paragraph (a) of this column;

(d)a child or young person;

(d)the appropriate amount in respect of him prescribed in paragraph 2 of Schedule 2 (applicable amounts);

(e)a member of a polygamous marriage.

(e)the amount specified in sub-paragraph (a) of this column multiplied by the number of members of the polygamous marriage in or only temporarily absent from that accommodation;

(2)  A single claimant who has become a patient and whose residential accommodation was provided by and managed by a local authority.

[F534(2)   Any amount applicable under regulation 17(1)(f) or (g), plus [F535£9.40].]

[F536Polish Resettlement]

13A.  A claimant for whom accommodation is provided under section 3 of, and Part II of the Schedule to, the Polish Resettlement Act 1947 (provision of accommodation in camps).

13A.  —

(1) The aggregate of–

(a)the weekly charge for the accommodation provided for him, or if he is a member of a family, for him and his family subject to the maximum determined in accordance with sub-paragraph (2); and

(b)a weekly amount for personal expenses for him or, if he is a member of a family, for him and for each member of his family determined in accordance with sub-paragraph (3).

(2) The maximum referred to in sub-paragraph (1)(a) shall be–

(a)in the case of a single claimant, [F537£155.00;]

(b)in the case of a claimant who is a member of a family the aggregate of the following amounts–

(i)in respect of the claimant, [F537£155.00;]

(ii)in respect of each member of his family who lives in the accommodation aged under 11, 1½ times the amount specified in paragraph 2(a) of Schedule 2;

(iii)in respect of each member of his family aged not less than 11 who lives in the accommodation, [F537£155.00;] and

(iv)where the claimant is a lone parent, in respect of each member of the family who does not live in the accommodation, the amount which would be applicable in respect of that member under Schedule 2.

(3) The amount for personal expenses referred to in sub-paragraph (1)(b) shall be–

(a)for the claimant, [F499£13.95];

(b)for his partner, [F499£13.95];

(c)for a young person aged 18, [F499£12.55];

(d)for a young person aged under 18 but over 16, [F499£7.35];

(e)for a child aged under 16 but over 11, [F499 £6.35];

(f)for a child aged under 11, [F499£4.30].

(4) The maximum amount in respect of a member of a family aged under 11 calculated in the manner referred to in sub-paragraph (1)(b)(ii) 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.

Polish Resettlement

14.  F538

. . .		F538. . .
Resettlement Units

15.  F539

. . .		F539. . .
Persons temporarily absent from board and lodging accommodation or a hostel, residential care or nursing home

16.  Where a person has to pay a retaining fee for accommodation which, but for his temporary absence from it, regulation 19 F540... (persons in residential care or nursing homes) F540... would apply and—

16.  The amount otherwise applicable to him under these Regulations may be increased to take account of the retaining fee by an amount not exceeding 80 per cent of the applicable amount referred to in paragraph 1(1)(a) of Schedule 4 (applicable amounts of persons in residential care or nursing homes) F541... and—

(a)he is a person in accommodation referred to in [F542any of sub-paragraphs (a) to (d) ([F543excluding heads (i) and (ii)] of sub-paragraph (d)) of the definition of residential accommodation] [F544in regulation 21(3)] (special cases) and paragraph 13 does not apply to him by reason only that his stay in that accommodation has not become other than temporary; or

(a)in a case to which sub-paragraph (a) or (b) of Column 1 applies any such increase shall not be for a continuous period of more than 52 weeks;

(b)he is a person to whom paragraph 1 to 3 [F545or 18(b)(i), (b)(ii) case two, or (b)(iv) cases one and three (patients)] applies; or

(b)in a case of a person to whom only sub-paragraph (c) of Column 1 applies, any such increase shall not be for a continuous period of more than four weeks.

(c)he is absent for a period of at least one week from that accommodation being accommodation either in a residential care home or nursing home and he is not required to be available for employment.

Persons from abroad

17.  Except in relation to a person from abroad to whom regulation 70(3) applies (urgent cases)—

(a)a person from abroad who is a single claimant;

17.—(a) Nil;

(b)a lone parent—

(i)where he is a person from abroad;

(b)(i)nil;

(ii)where he is not a person from abroad but one or more members of his family are persons from abroad;

(ii)the amount applicable to him under regulation 17[F500(1)](a) plus in respect of any members of his family not a person from abroad, any amounts applicable to him under regulation 17[F500(1)](b), (c) or (d) plus the amount applicable to him under [F546regulation 17(1)(e), (f) and (g)] [F547or, as the case may be,] [F548regulation 19 or 21];

(c)a member of a couple—

(i)where the claimant is not a person from abroad but his partner is such a person, whether or not regulation 70 applies to that partner;

(c)(i)the amount applicable in respect of him only under regulation 17[F500(1)](a) plus in respect of any child or young person who is a member of his family and who is not a person from abroad, any amounts which may be applicable to him under regulation 17[F500(1)](b), (c) or (d) plus the amount applicable to him under [F546regulation 17(1)(e), (f) and (g)] [F547 or, as the case may be,] [F548regulation 19 or 21];

(ii)where the claimant is a person from abroad but his partner is not such a person;

(ii)nil;

(iii)where the claimant and his partner are both persons from abroad;

(iii)nil;

(d)where regulation 18 (polygamous marriages) applies and—

(i)the claimant is not a person from abroad but one or more but not all of his partners are persons from abroad;

(d)(i)the amounts determined in accordance with that regulation or [F548regulation 19 or 21] in respect of the claimant and any partners of his and any child or young person for whom he or any partner is treated as responsible, who are not persons from abroad;

(ii)the claimant is a person from abroad, whether or not one or more of his partners are persons from abroad;

(ii)nil;

(iii)the claimant and all his partners are persons from abroad;

(iii)nil;

(e)where any amount is applicable to the claimant under regulation 17[F500(1)](d) because of Part III of Schedule 2 because he or his partner satisfies the conditions prescribed therein and he or his partner as the person so satisfying the condition is a person from abroad.

(e)no amount shall be applicable under regulation 17[F500(1)](d) because of Part III of Schedule 2.

Persons in residential care or nursing homes, board and lodging accommodation or hostels who become patients

18.  A claimant to whom regulation 19 (persons in residential care or nursing homes) F549... applies immediately before he or a member of his family became a patient where—

(a)he or any member of his family has been a patient for a period of six weeks or less and the claimant—

(i)continues to be liable to meet the weekly charge for the accommodation without reduction in respect of himself or that member of his family who is a patient;

18.—(a) (i) The amount which would be applicable under regulation 19 F550... as if the claimant or the member of the family who is a patient were resident in the accommodation to which regulation 19 F550... applies;

(ii)continues to be liable to meet the weekly charge for the accommodation but at a reduced rate;

(ii)the amount which would be applicable under regulation 19 F550... having taken into account the reduced charge, as if the claimant or the member of the family who is a patient were resident in the accommodation to which regulation 19 F550... applies;

(iii)is a single claimant and is likely to return to the accommodation, but has ceased to be liable to meet the weekly charge for that accommodation; or

(iii)the amount applicable to him (if any) under paragraph 2(2) of Schedule 4F551... (meal allowances) plus the amount in respect of him as an allowance for personal expenses under paragraph 13 of Schedule 4F551..., as if he were residing in the accommodation to which regulation 19 F551... applies [F552plus any amount applicable under regulation 17(1)(f);]

(iv)is a single claimant who ceases to be liable to meet the weekly charge for the accommodation and who is unlikely to return to that accommodation;

(iv)the amount which would be applicable to him under regulation 17[F500(1)];

(b)he or his partner has been a patient for a period of more than six weeks and the patient is—

(i)a single claimant;

(b)(i)[F499£11.75][F553, plus any amount applicable under regulation 17(1)(f),] plus either the amount prescribed in paragraph 16 in respect of any retaining fee he is liable to pay for the accommodation or the amount applicable by virtue of regulation 17[F500(1)](e), but not both;

(ii)a lone parent;

(ii)where one or more children or young persons remain in the accommodation, the amount applicable to the family as if regulation 19 F554... having taken into account any reduction in charge, continued to apply to all the members of the family except that where the lone parent is the patient no amount shall be applicable in respect of him under paragraph 2(2) of Schedule 4 F554... (meals allowances) and for the amount in respect of the allowance for personal expenses prescribed by[F555paragraph 13 of Schedule 4], there shall be substituted the amount [F499£11.75];

— where all the children or young persons are absent from the accommodation, [F499£11.75] plus any amounts applicable to him under regulation 17[F500(1)](b), [F556(c), (d) or (f)] plus, if appropriate, either the amount applicable under Column 2 of paragraph 16(a) or the amount applicable by virtue of regulation 17[F500(1)](e) (housing costs) but not both;

— where one or more children or young persons are also patients and have been so for more than 12 weeks, in respect of those children and young persons remaining in the accommodation and the lone parent patient the amount specified in case one of Column (2) of [F557sub-paragraph (b)(ii)] save that the child or young person who has been a patient for more than 12 weeks shall be disregarded as a member of the family in assessing the amount applicable under regulation 19F554..., and in respect of each such child or young person there shall be added the amount of [F499£9.40];

(iii)one of a couple or polygamous marriage and one of that couple or marriage is not a patient or has been a patient for six weeks or less;

(iii)where the members of the family not patients remain in the accommodation, the amount applicable to the family as if regulation 19F558..., having taken into account any reduction in charge, continued to apply to all the members of the family except that in respect of the member of the couple or polygamous marriage who has been a patient for more than six weeks no amount shall be applicable in respect of him under paragraph 2(2) of Schedule 4F558..., and for the amount in respect of the allowance for personal expenses prescribed by [F559paragraph 13 of Schedule 4], there shall be substituted the amount of [F499£11.75];

[F499— where one or more children or young persons are also patients and have been so for more than 12 weeks, in respect of those children and young persons and the member of the couple or polygamous marriage who has been a patient for more than six weeks no amount shall be applicable in respect of him under paragraph 2(2) of Schedule 4 and for the amount in respect of the allowance for personal expenses prescribed by paragraph 13 of Schedule 4 there shall be substituted the amount of £11.75;]

— where one or more children or young persons are also patients and have been so for more than 12 weeks, in respect of those children and young persons and the member of the couple or polygamous marriage remaining in the accommodation the amount specified in case one of Column (2) of [F560sub-paragraph (b)(iii)] save that the child or young person who has been a patient for more than 12 weeks shall be disregarded as a member of the family in assessing the amount applicable under regulation 19F558..., and in respect of each such child or young person there shall be added the amount of [F499£9.40];

(iv)one of a couple or polygamous marriage where all the members of that couple or marriage are patients and have been so for more than six weeks;

(iv)where there is no child or young person in the family [F499£11.75] in respect of each member of the couple or polygamous marriage[F561, plus any amount applicable under regulation 17(1)(f) or 18(1)(g),] plus either the amount prescribed in paragraph 16 in respect of any retaining fee for the accommodation he is liable to pay or the amount applicable by virtue of regulation 17[F500(1)](e) or 18(f), but not both;

— where there is a child or young person remaining in the accommodation, the amount which would be applicable in respect of the family as if regulation 19 F562... having taken into account any reduction in charge continued to apply to all the members of the family except that in respect of [F563each member] of the couple or polygamous marriage no amount shall be applicable in respect of him under paragraph 2(2) of Schedule 4F562..., and for the amount in respect of the allowance for personal expenses prescribed by [F564paragraph 13 of Schedule 4] in respect of [F563each member] there shall be substituted the amount of [F499£11.75];

— where there is a child or young person in the family but no child or young person remains in the accommodation, the amount applicable under paragraph 1(c) or 1(d) as is appropriate plus either the amount applicable under Column 2 of paragraph 16(a) or the amount applicable by virtue of regulation 17[F500(1)](e) [F565or 18(1)(f)] but not both;

— where one or more children or young persons are also patients and have been so for more than 12 weeks, in respect of those children and young persons [F566remaining in the accommodation and the members of the couple or polygamous marriage] the amount specified in case two of Column (2) of sub-paragraph (b)(iv) save that the child or young person who has been a patient for more than 12 weeks shall be disregarded as a member of the family in assessing the amount applicable under regulation 19F562..., and in respect of each such child or young person there shall be added the amount of [F499£9.40];

(c)a child or young person who has been a patient for a period of more than 12 weeks.

(c)the amount applicable under regulation 19 F567... as if that child or young person was not a member of the family plus an amount of [F499£9.40] in respect of that child or young person.

Claimants entitled to the disability premium for a past period

19.  A claimant—

(a)whose time for claiming income support has been extended under regulation 19(2) of the Social Security (Claims and Payments) Regulations 1987 F568 (time for claiming benefit); and

(b)whose partner was entitled to income support in respect of the period beginning with the day on which the claimant's claim is treated as made under paragraph 6(4) of Schedule 7 to those Regulations and ending with the day on which the claim is actually made; and

(c)who satisfied the condition in paragraph 11(b) of Schedule 2 and the additional condition referred to in that paragraph and specified in paragraph 12(1)(b) of that Schedule in respect of that period.

19.  The amount only of the disability premium applicable by virtue of paragraph 11(b) of Schedule 2 as specified in paragraph 15(4)(b) of that Schedule.

Rounding of fractions

20.  Where any calculation under this Schedule or as a result of income support being awarded for a period less than one complete benefit week results in a fraction of a penny that fraction shall be treated as a penny.

Textual Amendments

F498Words in Sch. 7 para. 1 inserted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 21(a)

F499Sch. 7 sums amended (coming into force in accordance with art. 1(2)(e) of the amending S.I.) by The Social Security Benefits Up-rating Order 1990 (S.I. 1990/320), arts. 1(2)(e), 14(10), Sch. 6 Pt. I

F506Sch. 7 para. 2A inserted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 21(b)

F511Words in Sch. 7 para. 10 omitted (11.4.1988) by virtue of The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 33(a)

F512Words in Sch. 7 para. 10(e) substituted (28.5.1988) by Employment Act 1988 (1988 c. 19), s. 24(3), 34

F514Words in Sch. 7 para. 10A substituted (with effect in accordance with reg. 1(1)(a) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 9

F515Words in Sch. 7 para. 10A substituted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 13(a)

F517Words in Sch. 7 para. 10A substituted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 21(c)

F518Words in Sch. 7 para. 10B substituted (with effect in accordance with reg. 1(1)(a) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 9

F519Words in Sch. 7 para. 10B substituted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 13(a)

F520Words in Sch. 7 para. 10B omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 13(b)

F521Words in Sch. 7 para. 10B substituted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 21(d)

F523Words in Sch. 7 para. 10C substituted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 21(e)

F525Words in Sch. 7 para. 10D substituted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 21(f)

F526Words in Sch. 7 para. 11 inserted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 21(g)

F528Words in Sch. 7 para. 11 substituted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 13(c)

F529Sch. 7 para. 11A inserted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 21(h)

F530Sch. 7 para. 12 substituted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 21(i)

F531Sch. 7 para. 12A inserted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 21(j)

F533Words in Sch. 7 para. 13 substituted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment 3 Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 21(k)(i)

F534Words in Sch. 7 para. 13 substituted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 21(k)(ii)

F535Sch. 7 sum confirmed (coming into force in accordance with art. 1(2)(e) of the amending S.I.) by The Social Security Benefits Up-rating Order 1990 (S.I. 1990/320), arts. 1(2)(e), 14(10), Sch. 6 Pt. I

F536Sch. 7 para. 13A inserted (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(b), 11(c)

F537Sums in Sch. 7 para. 13A(2) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) Amendment No. 2 Regulations 1990 (S.I. 1990/1168), regs. 1(1)(b), 4

F538Sch. 7 para. 14 omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 13(e)

F539Sch. 7 para. 15 omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 13(e)

F540Words in Sch. 7 para. 16 omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 13(f)(i)

F541Words in Sch. 7 para. 16 omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 13(f)(ii)

F542Words in Sch. 7 para. 16 substituted (with effect in accordance with reg. 1(1)(a) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 9

F543Words in Sch. 7 para. 16 substituted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 13(f)(iii)

F548Words in Sch. 7 para. 17 substituted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 13(g)

F549Words in Sch. 7 para. 18 omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 13(h)

F550Words in Sch. 7 para. 18 omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 13(i)(i)

F551Words in Sch. 7 para. 18 omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 13(i)(ii)

F554Words in Sch. 7 para. 18 omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 13(i)(iii)

F555Words in Sch. 7 para. 18 substituted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 13(i)(iii)

F558Words in Sch. 7 para. 18 omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 13(i)(iv)

F559Words in Sch. 7 para. 18 substituted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 13(i)(iv)

F562Words in Sch. 7 para. 18 omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 13(i)(v)

F564Words in Sch. 7 para. 18 substituted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 13(i)(v)

F567Words in Sch. 7 para. 18 omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 13(i)(vi)

Modifications etc. (not altering text)

C12Sch. 7 paras. 7, 8(a), 16 and 17 sums confirmed (coming into force in accordance with art. 1(2)(e) of the amending S.I.) by The Social Security Benefits Up-rating Order 1990 (S.I. 1990/320), arts. 1(2)(e), 14(11), Sch. 7 Pt. II (with art. 10)

Regulations 36(2), 38(2) and 44(6)

SCHEDULE 8E+W+SSUMS TO BE DISREGARDED IN THE CALCULATION OF EARNINGS

1.  In the case of a claimant who has been engaged in remunerative work as an employed earner [F569or, had the employment been in Great Britain, would have been so engaged]—E+W+S

(a)any earnings paid or due to be paid [F570in respect of that employment which has terminated]—

(i)by way of retirement but only if on retirement he is entitled to a retirement pension under the Social Security Act, or would be so entitled if he satisfied the contribution conditions;

(ii)otherwise than by retirement except earnings to which regulation 35(1)(b) to (e) and [F571(g) to (i)] applies (earnings of employed earners);

(b)any earnings paid or due to be paid [F572in respect of that employment which is interrupted] except earnings to which regulation 35(1)(d) and (e) applies; but this sub-paragraph shall not apply where the claimant has been suspended from his employment.

Textual Amendments

Commencement Information

I140Sch. 8 para. 1 in force at 11.4.1988, see reg. 1

2.  In the case of a claimant who has been engaged in part-time employment as an employed earner [F573or, had the employment been in Great Britain, would have been so engaged] F574... before he made a claim for income support, any earnings paid [F575or due to be paid in respect of that employment which has been terminated or interrupted before the claim is made] except any payment to which regulation 35(1)(e) applies (earnings of employed earners); but this paragraph shall not apply where the claimant has been suspended from his employment.E+W+S

Textual Amendments

Commencement Information

I141Sch. 8 para. 2 in force at 11.4.1988, see reg. 1

3.  In the case of a claimant who has been engaged in remunerative work or part-time employment as a self-employed earner [F576or, had the employment been in Great Britain, would have been so engaged] and who has ceased to be so employed, from the date of the cessation of his employment any earnings derived from that employment except earnings to which regulation 30(2) (royalties etc.) applies.E+W+S

Textual Amendments

Commencement Information

I142Sch. 8 para. 3 in force at 11.4.1988, see reg. 1

[F5774.—(1) In a case to which this paragraph applies, £15; but notwithstanding regulation 23 (calculation of income and capital of members of claimant’s family and of a polygamous marriage), if this paragraph applies to a claimant it shall not apply to his partner except where, and to the extent that, the earnings of the claimant which are to be disregarded under this paragraph are less than £15.E+W+S

(2) This paragraph applies where the claimant’s applicable amount includes, or but for his being an in-patient or in accommodation in a residential care home or nursing home or in residential accommodation would include, an amount by way of a disability premium under Schedule 2 (applicable amounts).

(3) This paragraph applies where–

(a)the claimant is a member of a couple, and–

(i)his applicable amount would include an amount by way of the disability premium under Schedule 2 but for the higher pensioner premium under that Schedule being applicable; or

(ii)had he not been an in-patient or in accommodation in a residential care home or nursing home or in residential accommodation his applicable amount would include the higher pensioner premium under that Schedule and had that been the case he would also satisfy the condition in (i) above; and

(b)he or his partner is under the age of 60 and at least one is engaged in part-time employment.

(4) This paragraph applies where–

(a)the claimant’s applicable amount includes, or but for his being an in-patient or in accommodation in a residential care home or nursing home or in residential accommodation would include, an amount by way of the higher pensioner premium under Schedule 2; and

(b)the claimant or, if he is a member of a couple, either he or his partner has attained the age of 60; and

(c)immediately before attaining that age he or, as the case may be, he or his partner was engaged in part-time employment and the claimant was entitled by virtue of sub-paragraph (2) or (3) to a disregard of £15; and

(d)he or, as the case may be, he or his partner has continued in part-time employment.

(5) This paragraph applies where–

(a)the claimant is a member of a couple and–

(i)his applicable amount would include an amount by way of the disability premium under Schedule 2 but for the pensioner premium for persons aged 75 and over under that Schedule being applicable; or

(ii)had he not been an in-patient or in accommodation in a residential care home or nursing home or in residential accommodation his applicable amount would include the pensioner premium for persons aged 75 and over under that Schedule and had that been the case he would also satisfy the condition in (i) above; and

(b)he or his partner has attained the age of 75 but is under the age of 80 and the other is under the age of 60 and at least one member of the couple is engaged in part-time employment.

(6) This paragraph applies where–

(a)the claimant is a member of a couple and he or his partner has attained the age of 75 but is under the age of 80 and the other has attained the age of 60; and

(b)immediately before the younger member attained that age either member was engaged in part-time employment and the claimant was entitled by virtue of sub-paragraph (5) to a disregard of £15; and

(c)either he or his partner has continued in part-time employment.

[F578(7) For the purposes of this paragraph–

(a)except where head (b) or (c) applies, no account shall be taken of any period not exceeding eight consecutive weeks occurring–

(i)on or after the date on which the claimant or, if he is a member of a couple, he or his partner attained the age of 60 during which either was or both were not engaged in part-time employment or the claimant was not entitled to income support; or

(ii)immediately after the date on which the claimant or his partner ceased to participate in arrangements for training made under section 2 of the Employment and Training Act 1973 or to attend a course at an employment rehabilitation centre established under that section;

(b)in a case where the claimant has ceased to be entitled to income support because he, or if he is a member of a couple, he or his partner becomes engaged in remunerative work, no account shall be taken of any period, during which he was not entitled to income support, not exceeding the permitted period determined in accordance with regulation 3A (permitted period) occurring on or after the date on which the claimant or, as the case may be, his partner attained the age of 60;

(c)no account shall be taken of any period occurring on or after the date on which the claimant or, if he is a member of a couple, he or his partner attained the age of 60 during which the claimant was not entitled to income support because he or his partner was participating in arrangements for training made under section 2 of the Employment and Training Act 1973 or attending a course at an employment rehabilitation centre established under that section.]]

Textual Amendments

F577Sch. 8 para. 4 substituted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 10

F578Sch. 8 para. 4(7) substituted (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(b), 12(a)

Commencement Information

I143Sch. 8 para. 4 in force at 11.4.1988, see reg. 1

5.  If an amount by way of a lone parent premium under Schedule 2 (applicable amounts) is, or but for the pensioner premium being applicable to him or for his accommodation in a residential care home, nursing homeF579...F580... or in residential accommodation would be, included in the calculation of the claimant's applicable amount, £15.E+W+S

Textual Amendments

F579Words in Sch. 8 para. 5 omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 14(a)

F580Words in Sch. 8 para. 5 omitted (10.4.1989) by virtue of The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), reg. 1(1)(c), Sch. 1 para. 8(a) (with reg. 28)

Commencement Information

I144Sch. 8 para. 5 in force at 11.4.1988, see reg. 1

6.—(1) In a case where paragraph 4 does not apply, if the claimant is one of a couple and both members of that couple are under age 60 and one of the couple has for a continuous period of two years been in receipt of income support in respect of a couple (whether or not the same couple) and during that period—E+W+S

(a)neither member has been engaged in remunerative work; or

(b)neither member has been [F581 in relevant education or a student];

for a period exceeding eight consecutive weeks, £15; but, notwithstanding regulation 23 (calculation of income and capital of members of claimant's family and of a polygamous marriage), if this paragraph applies to one of the couple it shall not apply to the other except where, and to the extent that, the earnings of the one which are to be disregarded under this paragraph are less than £15;

[F582(2) For the purposes of this paragraph in determining whether one of a couple has been in receipt of income support for a continuous period of two years–

(a)no account shall be taken of any period not exceeding eight weeks during which the claimant was not a member of a couple;

(b)subject to sub-paragraphs (2A) and (2C), no account shall be taken of any period not exceeding eight weeks during which the claimant was not in receipt of income support;

(c)consecutive periods during which either member was in receipt of income support in respect of a couple shall be treated as periods during which one of that couple had been so in receipt.

(2A) Where–

(a)a claimant has ceased to be in receipt of income support because he or the other member of the couple becomes engaged in remunerative work; and

(b)immediately before ceasing to be so in receipt this paragraph applied to him,

sub-paragraph (2)(b) shall apply to him as if for the words “not exceeding eight weeks” there were substituted the words “not exceeding the permitted period determined in accordance with regulation 3A (permitted period)”.

(2B) In a case where sub-paragraph (2A) applies, sub-paragraph (1) shall apply as if for the words “a period exceeding eight consecutive weeks” there were substituted the words “a period exceeding the permitted period determined in accordance with regulation (3A)”.

(2C) For the purposes of this paragraph, where–

(a)a claimant has ceased to be in receipt of income support because he or the other member of the couple is participating in arrangements for training made under section 2 of the Employment and Training Act 1973 or attending a course at an employment rehabilitation centre established under that section; and

(b)immediately before ceasing to be so in receipt this paragraph applied to him,

he shall be treated as if he had been in receipt of income support in respect of a couple for the period during which he or his partner is participating in such arrangements or attending such a course and no account shall be taken of any period during that time in which the other member is engaged in remunerative work, in relevant education or a student.]

(3) For the purposes of this paragraph—

(a)any period beginning before the commencement of these regulations during which the claimant or the other member of the couple was in receipt of supplementary benefit in respect of a couple, and immediately preceding the receipt of income support, is to be taken into account as if it were a period of income support except where during that period either the claimant or the other member was engaged in remunerative work or receiving relevant education within the meaning of section 6 of the Supplementary Benefits Act 1976 F583;

(b)any period during which the claimant or the other member of the couple is in receipt of income support under the Social Security (Northern Ireland) Order 1986 F584 or was in receipt of supplementary benefit under the Supplementary Benefit (Northern Ireland) Order 1977 F585 and immediately preceding the receipt of income support is to be taken into account as if it were a period of income support;

and in determining whether any such period is continuous [F586sub-paragraphs (2) to (2C)] hereof shall apply by analogy.

Textual Amendments

F5831976 c. 71; section 6 was substituted by section 6(1) and Schedule 2 Part I paragraph 6 of the Social Security Act 1980 (c. 30).

F584S.I. 1986/1888 (NI 18); the relevant amending instrument is S.I. 1987/464 (NI 8).

F585S.I. 1977/2156 (NI 27); the relevant amending instruments are S.I. 1980/870 (NI 18), S.I. 1987/464 (NI 8).

Commencement Information

I145Sch. 8 para. 6 in force at 11.4.1988, see reg. 1

7.—(1) In a case to which none of paragraphs 4 to 6 applies to the claimant, £15 of earnings derived from one or more employments as—E+W+S

(a)a part-time fireman in a fire brigade maintained in pursuance of the Fire Services Acts 1947 to 1959 F587;

(b)an auxiliary coastguard in respect of coast rescue activities;

(c)a person engaged part time in the manning or launching of a life boat;

(d)a member of any territorial or reserve force prescribed in Part I of Schedule 3 to the Social Security (Contributions) Regulations 1979 F588;

but, notwithstanding regulation 23 (calculation of income and capital of members of claimant's family and of a polygamous marriage), if this paragraph applies to a claimant it shall not apply to his partner except to the extent specified in sub-paragraph (2).

(2) If the claimant's partner is engaged in employment—

(a)specified in sub-paragraph (1) so much of his earnings as would not in aggregate with the amount of the claimant's earnings disregarded under this paragraph exceed £15;

(b)other than one specified in sub-paragraph (1) so much of his earnings from that employment up to £5 as would not in aggregate with the claimant's earnings disregarded under this paragraph exceed £15.

Textual Amendments

F588S.I. 1979/591; Part I of Schedule 3 substituted by S.I. 1980/1975.

Commencement Information

I146Sch. 8 para. 7 in force at 11.4.1988, see reg. 1

8.  Where the claimant is engaged in one or more employments specified in paragraph 7(1) but his earnings derived from such employments are less than £15 in any week and he is also engaged in any other part-time employment so much of his earnings from that other employment up to £5 as would not in aggregate with the amount of his earnings disregarded under paragraph 7 exceed £15.E+W+S

Commencement Information

I147Sch. 8 para. 8 in force at 11.4.1988, see reg. 1

9.  In a case to which none of paragraphs 4 to 8 applies to the claimant, £5.E+W+S

Commencement Information

I148Sch. 8 para. 9 in force at 11.4.1988, see reg. 1

10.  Notwithstanding paragraph 6, 7, or 9, where two or more payments of the same kind and from the same source are to be taken into account in the same benefit week, there shall be disregarded from each payment the sum specified in that paragraph; but this paragraph shall only apply in the case of a payment which it has not been practicable to treat under regulation 31(1)(b) (date on which income treated as paid) as paid on the first day of the benefit week in which it is due to be paid.E+W+S

Commencement Information

I149Sch. 8 para. 10 in force at 11.4.1988, see reg. 1

11.  Any earnings derived from employment which are payable in a country outside the United Kingdom for such period during which there is a prohibition against the transfer to the United Kingdom of those earnings.E+W+S

Commencement Information

I150Sch. 8 para. 11 in force at 11.4.1988, see reg. 1

12.  Where a payment of earnings is made in a currency other than sterling, any banking charge or commission payable in converting that payment into sterling.E+W+S

Commencement Information

I151Sch. 8 para. 12 in force at 11.4.1988, see reg. 1

13.  Any earnings which is due to be paid before the date of claim and which would otherwise fall to be taken into account in the same benefit week as a payment of the same kind and from the same source.E+W+S

Commencement Information

I152Sch. 8 para. 13 in force at 11.4.1988, see reg. 1

14.  Any earnings of a child or young person except earnings to which paragraph 15 applies.E+W+S

Commencement Information

I153Sch. 8 para. 14 in force at 11.4.1988, see reg. 1

15.  In the case of earnings of a person treated as receiving relevant education under regulation 12(b) (relevant education) and who is engaged in remunerative work, if—E+W+S

(a)an amount by way of a disabled child premium under Schedule 2 (applicable amounts) is, or but for his accommodation in a [F589residential care home or nursing home] would be, included in the calculation of his applicable amount and his earning capacity is not, by reason of his disability, less than 75 per cent of that which he would, but for that disability normally be expected to earn, £15;

(b)in any other case, £5.

Textual Amendments

F589Words in Sch. 8 para. 15 substituted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 14(b)

Commencement Information

I154Sch. 8 para. 15 in force at 11.4.1988, see reg. 1

16.  In this Schedule “part-time employment” means employment in which the person is not to be treated as engaged in remunerative work under regulation 5 or 6 (persons treated, or not treated, as engaged in remunerative work).E+W+S

Commencement Information

I155Sch. 8 para. 16 in force at 11.4.1988, see reg. 1

Regulation 40 (2)

SCHEDULE 9E+W+SSUMS TO BE DISREGARDED IN THE CALCULATION OF INCOME OTHER THAN EARNINGS

1.  Any amount paid by way of tax on income which is taken into account under regulation 40 (calculation of income other than earnings).E+W+S

Commencement Information

I156Sch. 9 para. 1 in force at 11.4.1988, see reg. 1

2.  Any payment in respect of any expenses incurred by a claimant who is—E+W+S

(a)engaged by a charitable or voluntary body; or

(b)a volunteer,

if he otherwise derives no remuneration or profit from the employment and is not to be treated as possessing any earnings under regulation 42 (6) (notional income).

Commencement Information

I157Sch. 9 para. 2 in force at 11.4.1988, see reg. 1

3.  In the case of employment as an employed earner, any payment in respect of expenses wholly, exclusively and necessarily incurred in the performance of the duties of the employment.E+W+S

Commencement Information

I158Sch. 9 para. 3 in force at 11.4.1988, see reg. 1

4.  In the case of a payment of statutory sick pay under Part I of the Social Security and Housing Benefits Act 1982 or statutory maternity pay under Part V of the Act or any remuneration paid by or on behalf of an employer to the claimant who for the time being is unable to work due to illness or maternity—E+W+S

(a)any amount deducted by way of primary Class 1 contributions under the Social Security Act;

(b)one-half of any sum paid by the claimant by way of a contribution towards an occupational or personal pension scheme.

Commencement Information

I159Sch. 9 para. 4 in force at 11.4.1988, see reg. 1

[F5904A.  In the case of the payment of statutory sick pay under Part II of the Social Security (Northern Ireland) Order 1982 or statutory maternity pay under Part VI of the Social Security (Northern Ireland) Order 1986—E+W+S

(a)any amount deducted by way of primary Class 1 contributions under the Social Security (Northern Ireland) Act 1975;

(b)one-half of any sum paid by way of a contribution towards an occupational or personal pension scheme.]

Textual Amendments

5.  Any housing benefit.E+W+S

Commencement Information

I160Sch. 9 para. 5 in force at 11.4.1988, see reg. 1

6.  Any mobility allowance.E+W+S

Commencement Information

I161Sch. 9 para. 6 in force at 11.4.1988, see reg. 1

7.  Any concessionary payment made to compensate for the non-payment of—E+W+S

(a)any payment specified in paragraph 6 or 9;

(b)income support.

Commencement Information

I162Sch. 9 para. 7 in force at 11.4.1988, see reg. 1

8.  Any mobility supplement or any payment intended to compensate for the non-payment of such a supplement.E+W+S

Commencement Information

I163Sch. 9 para. 8 in force at 11.4.1988, see reg. 1

9.  Any attendance allowance but, where the claimant is in a residential care home or nursing home, only to the extent that it exceeds the amount for the time being specified as the higher rate for the purposes of section 35 (3) of the Social Security Act F591.E+W+S

Textual Amendments

F5911975 c. 14; section 35 (3) was amended by section 2 of the Social Security Act 1979 (c. 18).

Commencement Information

I164Sch. 9 para. 9 in force at 11.4.1988, see reg. 1

10.  Any payment to the claimant as holder of the Victoria Cross or George Cross or any analogous payment.E+W+S

Commencement Information

I165Sch. 9 para. 10 in force at 11.4.1988, see reg. 1

11.  Any sum in respect of a course of study attended by a child or young person payable by virtue of regulations made under section 81 of the Education Act 1944 F592 (assistance by means of scholarships and otherwise), or by virtue of section 2 (1) of the Education Act 1962 F593 (awards for courses of further education) or section 49 of the Education (Scotland) Act 1980 F594 (power to assist persons to take advantage of educational facilities).E+W+S

Textual Amendments

F5921944 c. 31; section 81 was amended by S.I. 1964/490.

F5931962 c. 12; section 2 (1) was substituted by section 19 of, and Schedule 5 to, the Education Act 1980 (c. 20).

Commencement Information

I166Sch. 9 para. 11 in force at 11.4.1988, see reg. 1

12.  In the case of a claimant to whom regulation 9 (1) (persons treated as available for employment) applies, any sums intended for any expenditure specified in paragraph (2) of regulation 62 (calculation of grant income) necessary as a result of his attendance on his course.E+W+S

Commencement Information

I167Sch. 9 para. 12 in force at 11.4.1988, see reg. 1

[F59513.  In the case of a claimant participating in arrangements for training made under section 2 of the Employment and Training Act 1973 or attending a course at an employment rehabilitation centre established under that section—E+W+S

(a)any travelling expenses reimbursed to the claimant;

(b)any living away from home allowance under section 2(2)(d) of that Act but only to the extent that rent or rates payable in respect of accommodation not normally occupied by him as his home are not met by housing benefit;

(c)any training premium,

but this paragraph, except in so far as it relates to a payment under subparagraph (a), (b) or (c), does not apply to any part of any allowance under section 2(2)(d) of that Act.]

Textual Amendments

Commencement Information

I168Sch. 9 para. 13 in force at 11.4.1988, see reg. 1

14.  Any Job Start Allowance payable pursuant to arrangements made under section 2 (1) of the Employment and Training Act 1973.E+W+S

Commencement Information

I169Sch. 9 para. 14 in force at 11.4.1988, see reg. 1

[F59615.—(1) Except where sub-paragraph (2) applies and subject to sub-paragraph (3) and paragraphs 36, 37 and 39, £10 of any charitable payment or of any voluntary payment made or due to be made at regular intervals.E+W+S

(2) Subject to sub-paragraph (3) and paragraph 39, any charitable payment or voluntary payment made or due to be made at regular intervals which is intended and used for an item other than food, ordinary clothing or footwear, household fuel, rent or rates for which housing benefit is payable, community charge, water chargesF597..., or any housing costs to the extent that they are met under regulation 17(1)(e) or 18(1)(f) (housing costs) or any accommodation charges to the extent that they are met under regulation 19 (persons in residential care or nursing homes), of a single claimant or, as the case may be, of the claimant or any other member of his family.

(3) Sub-paragraphs (1) and (2) shall not apply—

(a)to a payment which is made by a person for the maintenance of any member of his family or of his former partner or of his children;

(b)in the case of a person to whom section 23 of the Act (trade disputes) applies or in respect of whom section 20(3) of the Act (conditions of entitlement to income support) has effect as modified by section 23A(b) of the Act (effect of return to work).

(4) For the purposes of sub-paragraph (1) where a number of charitable or voluntary payments fall to be taken into account in any one week they shall be treated as though they were one such payment.

(5) For the purposes of sub-paragraph (2) the expression “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities.]

Textual Amendments

F596Sch. 9 para. 15 substituted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 22(a)

Commencement Information

I170Sch. 9 para. 15 in force at 11.4.1988, see reg. 1

16.  Subject to paragraphs 36 and 37, [F598£10] of any of the following, namely—E+W+S

(a)a war disablement pension or war widow's pension or a payment made to compensate for the non-payment of such a pension;

(b)a pension paid under the social security scheme of a country outside Great Britain and which either—

(i)is analogous to a war disablement pension; or

(ii)is paid to a war widow in respect of a person's death but is otherwise analogous to such a pension.

(c)a pension paid under any special provision made by the law of the Federal Republic of Germany or any part of it or of the Republic of Austria, to victims of National Socialist persecution.

Textual Amendments

F598Sum in Sch. 9 para. 16 substituted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 22(b)

Commencement Information

I171Sch. 9 para. 16 in force at 11.4.1988, see reg. 1

17.  Where a claimant receives income under an annuity purchased with a loan which satisfies the following conditions—E+W+S

(a)that the loan was made as part of a scheme under which not less than 90 per cent of the proceeds of the loan were applied to the purchase by the person to whom it was made of an annuity ending with his life or with the life of the survivor of two or more persons (in this paragraph referred to as “the annuitants”) who include the person to whom the loan was made;

(b)that the interest on the loan is payable by the person to whom it was made or by one of the annuitants;

(c)that at the time the loan was made the person to whom it was made or each of the annuitants had attained the age of 65;

(d)that the loan was secured on a dwelling in Great Britain and the person to whom the loan was made or one of the annuitants owns an estate or interest in that dwelling; and

(e)that the person to whom the loan was made or one of the annuitants occupies the accommodation on which it was secured as his home at the time the interest is paid,

the amount, calculated on a weekly basis equal to—

(i)where, or in so far as, section 26 of the Finance Act 1982 F599 (deduction of tax from certain loan interest) applies to the payments of interest on the loan, the interest which is payable after deduction of a sum equal to income tax on such payments at the basic rate for the year of assessment in which the payment of interest becomes due;

(ii)in any other case the interest which is payable on the loan without deduction of such a sum.

Textual Amendments

Commencement Information

I172Sch. 9 para. 17 in force at 11.4.1988, see reg. 1

18.  Any payment made to the claimant by a [F600person who normally resides with the claimant] which is a contribution towards his living and accommodation costs except a payment to which paragraph 19 or 20 applies.E+W+S

Textual Amendments

Commencement Information

I173Sch. 9 para. 18 in force at 11.4.1988, see reg. 1

19.  Where the claimant occupies a dwelling as his home which is also occupied by a person other than one to whom paragraph 18 refers F601... and that person is contractually liable to make payments in respect of his occupation of the dwelling to the claimant—E+W+S

(a)£4 of any payment made by that person; and

(b)a further [F602£7.35], where that payment is inclusive of an amount for heating.

Textual Amendments

F602Sum in Sch. 9 para. 19(b) substituted (coming into force in accordance with art. 1(2)(e) of the amending S.I.) by The Social Security Benefits Up-rating Order 1990 (S.I. 1990/320), arts. 1(2)(e), 14(13)

Commencement Information

I174Sch. 9 para. 19 in force at 11.4.1988, see reg. 1

[F60320.  Where the claimant occupies a dwelling as his home and he provides in that dwelling board and lodging accommodation—E+W+S

(a)£20.00 of any payment for that accommodation made by the person to whom it is provided; and

(b)where any such payment exceeds £20.00, 50% of the excess.]

Textual Amendments

F603Sch. 9 para. 20 substituted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 22(c)

Commencement Information

I175Sch. 9 para. 20 in force at 11.4.1988, see reg. 1

[F60421.—(1) Subject to sub-paragraph (2), except where regulation 42(4)(a)(i) (notional income) applies or in the case of a person to whom section 23 of the Act (trade disputes) applies, any income in kind;E+W+S

(2) The exception under sub-paragraph (1) shall not apply where the income in kind is received from the Macfarlane Trust[F605, the Macfarlane (Special Payments) Trust] [F606or the Independent Living Fund].]

Textual Amendments

Commencement Information

I176Sch. 9 para. 21 in force at 11.4.1988, see reg. 1

22.—(1) Any income derived from capital to which the claimant is or is treated under regulation 52 (capital jointly held) as beneficially entitled but, subject to sub-paragraph (2), not income derived from capital disregarded under paragraph 1, 2, 4, 6 [F60712 or 25 to 28] of Schedule 10.E+W+S

(2) Income derived from capital disregarded under paragraph 2 [F6084 or 25 to 28] of Schedule 10 but only to the extent of any mortgage repayments and payment of rates made in respect of the dwelling or premises in the period during which that income accrued.

Textual Amendments

Commencement Information

I177Sch. 9 para. 22 in force at 11.4.1988, see reg. 1

23.  Any income which is payable in a country outside the United Kingdom for such period during which there is prohibition against the transfer to the United Kingdom of that income.E+W+S

Commencement Information

I178Sch. 9 para. 23 in force at 11.4.1988, see reg. 1

24.  Where a payment of income is made in a currency other than sterling, any banking charge or commission payable in converting that payment into sterling.E+W+S

Commencement Information

I179Sch. 9 para. 24 in force at 11.4.1988, see reg. 1

25.—(1) Any payment made to the claimant in respect of a child or young person who is a member of his family—E+W+S

(a)in accordance with a scheme approved by the Secretary of State under section 50 (4) of the Adoption Act 1958 F609 or as the case may be, section 51 of the Adoption (Scotland) Act 1978 F610 (schemes for payments of allowances to adopters);

(b)which is a payment made by a local authority in pursuance of section 34 (6) or, as the case may be, section 50 of the Children Act 1975 F611 (contributions to a custodian towards the cost of the accommodation and maintenance of a child);

to the extent specified in sub-paragraph (2).

(2) In the case of a child or young person—

(a)to whom regulation 44 (5) (capital in excess of £3,000) applies, the whole payment;

(b)to whom that regulation does not apply, so much of the weekly amount of the payment as exceeds the applicable amount in respect of that child or young person and where applicable to him any amount by way of a disabled child premium.

Textual Amendments

F6091958 7 & 8 Eliz.2. c.5; section 50 (4) was added by the Children Act 1975 (c. 72) section 32.

Commencement Information

I180Sch. 9 para. 25 in force at 11.4.1988, see reg. 1

26.  Any payment made by a local authority to the claimant with whom a person is boarded out by virtue of arrangements made under section 21 (1) (a) of the Child Care Act 1980 F612 or, as the case may be, [F613section 21] of the Social Work (Scotland) Act 1968 F614 or by a voluntary organisation under section 61 of the 1980 Act or by a care authority under regulation 9 of the Boarding Out and Fostering of Children (Scotland) Regulations 1985 F615 (provision of accommodation and maintenance for children in care).E+W+S

Textual Amendments

Commencement Information

I181Sch. 9 para. 26 in force at 11.4.1988, see reg. 1

27.  Any payment made by a health authority, local authority or voluntary organisation to the claimant in respect of a person who is not normally a member of the claimant's household but is temporarily in his care.E+W+S

Commencement Information

I182Sch. 9 para. 27 in force at 11.4.1988, see reg. 1

28.  Except in the case of a person to whom section 23 of the Act (trade disputes) applies [F616or in respect of whom section 20(3) of the Act (conditions of entitlement to income support) has effect as modified by section 23A(b) of the Act (effect of return to work)], [F617any payment made by a local authority under section 1, 27 or 29 of the Child Care Act 1980 or, as the case may be, section 12, 24 or 26 of the Social Work (Scotland) Act 1968 (local authorities' duty to promote welfare of children and powers to grant financial assistance to persons in, or formerly in, their care).] E+W+S

Textual Amendments

Commencement Information

I183Sch. 9 para. 28 in force at 11.4.1988, see reg. 1

29.—(1) Any payment received under an insurance policy, taken out to insure against the risk of being unable to maintain repayments on a loan to which paragraph 7 or 8 of Schedule 3 applies (interest on loans to acquire an interest in the dwelling, or for repairs and improvements to the dwelling, occupied as the home) and used to meet such repayments, to the extent that it does not exceed—E+W+S

(a)subject to sub-paragraph (2), the amount, calculated on a weekly basis, of any interest which is excluded under that paragraph;

(b)the amount of the payment, calculated on a weekly basis, due on the loan attributable to the repayment of capital; and

(c)the amount, calculated on a weekly basis, of the premium due on that policy.

(2) The amount to which sub-paragraph (1) (a) refers shall be taken into account in calculating the amount to be excluded under this paragraph only for such period during which there is applicable to the claimant 50 per cent of his eligible interest under paragraph 7 of Schedule 3.

Commencement Information

I184Sch. 9 para. 29 in force at 11.4.1988, see reg. 1

30.  Except where [F618paragraph 29] applies, any payment made to the claimant which is intended and used as a contribution towards—E+W+S

(a)the amount of eligible interest which is not met under paragraph 7 or 8 of Schedule 3 (interest on loans to acquire an interest in the dwelling, or for repairs and improvements to the dwelling, occupied as the home);

(b)the capital repayments—

(i)where the loan is one specified in paragraph 7 (3) (a) or 8 (1) (a) of Schedule 3; or

(ii)where the loan is one specified in paragraph 7 (3) (b) or 8 (1) (b) of Schedule 3 only to the extent that the capital outstanding on that loan represents the capital balance outstanding on the previous loan at the time when the loan was taken out;

(c)any payment or charge specified in paragraph 1 of Schedule 3 to the extent that that payment or charge has not been met;

(d)his rent in respect of the dwelling occupied by him as his home but only to the extent that it is not met by housing benefit; or his accommodation charge but only to the extent that the [F619actual charge increased, where appropriate, in accordance with paragraph 2 of Schedule 4 exceeds the amount determined in accordance with regulation 19 (residential care and nursing homes).]

Textual Amendments

F619Words in Sch. 9 para. 30(d) substituted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 15

Commencement Information

I185Sch. 9 para. 30 in force at 11.4.1988, see reg. 1

31.  Any social fund payment.E+W+S

Commencement Information

I186Sch. 9 para. 31 in force at 11.4.1988, see reg. 1

32.  Any payment of income which under regulation 48 (income treated as capital) is to be treated as capital.E+W+S

Commencement Information

I187Sch. 9 para. 32 in force at 11.4.1988, see reg. 1

33.  Any payment under paragraph 2 of Schedule 6 to the Act (pensioner's Christmas bonus).E+W+S

Commencement Information

I188Sch. 9 para. 33 in force at 11.4.1988, see reg. 1

34.  In the case of a person to whom section 23 of the Act (trade disputes) applies and for so long as it applies, any payment up to the amount of the relevant sum within the meaning of subsection 6 of that section made by a trade union; but, notwithstanding regulation 23 (calculation of income and capital of members of claimant's family and of a polyamous marriage) if this paragraph applies to a claimant it shall not apply to his partner except where, and to the extent that, the amount to be disregarded under this paragraph is less than the relevant sum.E+W+S

Commencement Information

I189Sch. 9 para. 34 in force at 11.4.1988, see reg. 1

35.  Any payment which is due to be paid before the date of claim which would otherwise fall to be taken into account in the same benefit week as a payment of the same kind and from the same source.E+W+S

Commencement Information

I190Sch. 9 para. 35 in force at 11.4.1988, see reg. 1

36.  The total of a claimant's income or, if he is a member of a family, the family's income and the income of any person which he is treated as possessing under regulation 23 (3) (calculation of income and capital of members of claimant's family and of a polygamous marriage) to be disregarded under regulation 63 (2) (b) and 64 (1) (c) (calculation of covenant income where a contribution assessed)[F620, regulation 66A(2) (treatment of student loans)] and [F621paragraphs 15(1)] and 16 shall in no case exceed [F622£10] per week.E+W+S

Textual Amendments

F621Words in Sch. 9 para. 36 substituted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 22(d)(i)

F622Sum in Sch. 9 para. 36 substituted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 22(d)(ii)

Commencement Information

I191Sch. 9 para. 36 in force at 11.4.1988, see reg. 1

37.  Notwithstanding paragraph 36 where two or more payments of the same kind and from the same source are to be taken into account in the same benefit week, there shall be disregarded from each payment the sum which would otherwise fall to be disregarded under this Schedule; but this paragraph shall only apply in the case of a payment which it has not been practicable to treat under regulation 31 (1) (b) (date on which income treated as paid) as paid on the first day of the benefit week in which it is due to be paid.E+W+S

Commencement Information

I192Sch. 9 para. 37 in force at 11.4.1988, see reg. 1

[F62338.  Any resettlement benefit which is paid to the claimant by virtue of regulation 3 of the Social Security (Hospital In-Patients) Amendment (No. 2) Regulations 1987.]E+W+S

Textual Amendments

[F62339.  Any payment made under the Macfarlane Trust[F624, the Macfarlane (Special Payments) Trust] [F625or the Independent Living Fund].]E+W+S

Textual Amendments

[F62640.  Any payment made by the Secretary of State to compensate for the loss (in whole or in part) of entitlement to housing benefit.]E+W+S

Textual Amendments

[F62741.  Any payment made by the Secretary of State to compensate a person who was entitled to supplementary benefit in respect of a period ending immediately before 11th April 1988 but who did not become entitled to income support in respect of a period beginning with that day.]E+W+S

Textual Amendments

[F62742.  Any payment made by the Secretary of State to compensate for the loss of housing benefit supplement under regulation 19 of the Supplementary Benefit (Requirements) Regulations 1983.]E+W+S

Textual Amendments

[F62743.  Any payment made to a juror or a witness in respect of attendance at a court other than compensation for loss of earnings or for the loss of a benefit payable under the benefit Acts.]E+W+S

Textual Amendments

[F62744.  Any housing benefit in the form of a community charge rebate.]E+W+S

Textual Amendments

[F62845.  Any community charge benefit.]E+W+S

Textual Amendments

F628Sch. 9 paras. 45-47 added (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(a), 22(e)

[F62846.  Any payment in consequence of a reduction of a personal community charge pursuant to regulations under section 13A of the Local Government Finance Act 1988 or section 9A of the Abolition of Domestic Rates Etc (Scotland) Act 1987 (reduction of liability for personal community charges).]E+W+S

Textual Amendments

F628Sch. 9 paras. 45-47 added (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(a), 22(e)

[F62847.  Any special war widows payment made under—E+W+S

(a)the Naval and Marine Pay and Pensions (Special War Widows Payment) Order 1990 made under section 3 of the Naval and Marine Pay and Pensions Act 1865;

(b)the Royal Warrant dated 19th February 1990 amending the Schedule to the Army Pensions Warrant 1977;

(c)the Queen’s Order dated 26th February 1990 made under section 2 of the Air Force (Constitution) Act 1917;

(d)the Home Guard War Widows Special Payments Regulations 1990 made under section 151 of the Reserve Forces Act 1980;

(e)the Orders dated 19th February 1990 amending Orders made on 12th December 1980 concerning the Ulster Defence Regiment made in each case under section 140 of the Reserve Forces Act 1980;

and any analogous payment made by the Secretary of State for Defence to any person who is not a person entitled under the provisions mentioned in sub- paragraphs (a) to (e) of this paragraph.]

Textual Amendments

F628Sch. 9 paras. 45-47 added (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(a), 22(e)

[F62948.—(1) Any payment or repayment made–E+W+S

(a)as respects England and Wales, under regulation 3, 5 or 8 of the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 (travelling expenses and health service supplies);

(b)as respects Scotland, under regulation 3, 5 or 8 of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 1988 (travelling expenses and health service supplies).

(2) Any payment or repayment made by the Secretary of State for Health, the Secretary of State for Scotland or the Secretary of State for Wales which is analogous to a payment or repayment mentioned in sub-paragraph (1).]

Textual Amendments

[F62949.  Any payment made under regulation 9 to 11 or 13 of the Welfare Food Regulations 1988 (payments made in place of milk tokens or the supply of vitamins).]E+W+S

Textual Amendments

[F62950.  Any payment made either by the Secretary of State for the Home Department or by the Secretary of State for Scotland under a scheme established to assist relatives and other persons to visit persons in custody.]E+W+S

Textual Amendments

Regulation 46(2)

SCHEDULE 10E+W+SCAPITAL TO BE DISREGARDED

1.  The dwelling occupied as the home but, notwithstanding regulation 23 (calculation of income and capital of members of claimant's family and of a polygamous marriage), only one dwelling shall be disregarded under this paragraph.E+W+S

Commencement Information

I193Sch. 10 para. 1 in force at 11.4.1988, see reg. 1

2.  Any premises acquired for occupation by the claimant which he intends to occupy [F630as his home] within 26 weeks of the date of acquisition or such longer period as is reasonable in the circumstances to enable the claimant to obtain possession and commence occupation of the premises.E+W+S

Textual Amendments

Commencement Information

I194Sch. 10 para. 2 in force at 11.4.1988, see reg. 1

3.  Any sum directly attributable to the proceeds of sale of any premises formerly occupied by the claimant as his home which is to be used for the purchase of other premises intended for such occupation within 26 weeks of the date of sale or such longer period as is reasonable in the circumstances to enable the claimant to complete the purchase.E+W+S

Commencement Information

I195Sch. 10 para. 3 in force at 11.4.1988, see reg. 1

4.  Any premises occupied in whole or in part by—E+W+S

(a)a partner or relative of [F631a single claimant or any member of] the family [F632as his home] where that person is aged 60 or over or is incapacitated;

(b)the former partner of a claimant F633... as his home; but this provision shall not apply where the former partner is a person from whom the claimant is estranged or divorced.

Textual Amendments

F633Words in Sch. 10 para. 4(b) omitted (30.5.1988) by virtue of The Income Support (General) Amendment No. 2 Regulations 1988 (S.I. 1988/910), regs. 1(1), 3(a)

Commencement Information

I196Sch. 10 para. 4 in force at 11.4.1988, see reg. 1

5.  Any reversionary interest.E+W+S

Commencement Information

I197Sch. 10 para. 5 in force at 11.4.1988, see reg. 1

6.—(1) The assets of any business owned in whole or in part by the claimant and for the purposes of which he is engaged as a self-employed earner or, if he has ceased to be so engaged, for such period as may be reasonable in the circumstances to allow for disposal of any such asset.E+W+S

[F634(2) The assets of any business owned in whole or in part by the claimant where–

(a)he is not engaged as a self-employed earner in that business by reason of some disease or bodily or mental disablement; but

(b)he intends to become engaged (or, as the case may be, re-engaged) as a self-employed earner in that business as soon as he recovers or is able to become engaged, or re-engaged, in that business;

for a period of 26 weeks from the date on which the claim for income support is made, or is treated as made, or, if it is unreasonable to expect him to become engaged or re-engaged in that business within that period, for such longer period as is reasonable in the circumstances to enable him to become so engaged or re-engaged.]

Textual Amendments

Commencement Information

I198Sch. 10 para. 6 in force at 11.4.1988, see reg. 1

7.  Any arrears of, or any concessionary payment made to compensate for arrears due to the non-payment of—E+W+S

(a)any payment specified in paragraph 6, 8 or 9 of Schedule 9 (other income to be disregarded);

(b)an income-related benefit or supplementary benefit, family income supplement under the Family Income Supplements Act 1970 F635 or housing benefit under Part II of the Social Security and Housing Benefits Act 1982;

but only for a period of 52 weeks from the date of the receipt of the arrears or of the concessionary payment.

Textual Amendments

Commencement Information

I199Sch. 10 para. 7 in force at 11.4.1988, see reg. 1

8.  Any sum—E+W+S

(a)paid to the claimant in consequence of damage to, or loss of the home or any personal possession and intended for its repair or replacement; or

(b)acquired by the claimant (whether as a loan or otherwise) on the express condition that it is to be used for effecting essential repairs or improvements to the home,and which is to be used for the intended purpose, for a period of 26 weeks from the date on which it was so paid or acquired or such longer period as is reasonable in the circumstances to enable the claimant to effect the repairs, replacement or improvements.

Commencement Information

I200Sch. 10 para. 8 in force at 11.4.1988, see reg. 1

9.  Any sum—E+W+S

(a)deposited with a housing association as defined in section 1(1) of the Housing Associations Act 1985 F636 or section 338(1) of the Housing (Scotland) Act 1987 F637 as a condition of occupying the home;

(b)which was so deposited and which is to be used for the purchase of another home, for the period of 26 weeks or such longer period as is reasonable in the circumstances to complete the purchase.

Textual Amendments

Commencement Information

I201Sch. 10 para. 9 in force at 11.4.1988, see reg. 1

10.  Any personal possessions except those which had or have been acquired by the claimant with the intention of reducing his capital in order to secure entitlement to supplementary benefit or income support or to increase the amount of that benefit.E+W+S

Commencement Information

I202Sch. 10 para. 10 in force at 11.4.1988, see reg. 1

11.  The value of the right to receive any income under an annuity and the surrender value (if any) of such an annuity.E+W+S

Commencement Information

I203Sch. 10 para. 11 in force at 11.4.1988, see reg. 1

[F63812.  Where the funds of a trust are derived from a payment made in consequence of any personal injury to the claimant, the value of the trust fund and the value of the right to receive any payment under that trust.]E+W+S

Textual Amendments

Commencement Information

I204Sch. 10 para. 12 in force at 11.4.1988, see reg. 1

13.  The value of the right to receive any income under a life interest or from a liferent.E+W+S

Commencement Information

I205Sch. 10 para. 13 in force at 11.4.1988, see reg. 1

14.  The value of the right to receive any income which is disregarded under paragraph 11 of Schedule 8 or paragraph 23 of Schedule 9 (earnings or other income to be disregarded).E+W+S

Commencement Information

I206Sch. 10 para. 14 in force at 11.4.1988, see reg. 1

15.  The surrender value of any policy of life insurance.E+W+S

Commencement Information

I207Sch. 10 para. 15 in force at 11.4.1988, see reg. 1

16.  Where any payment of capital falls to be made by instalments, the value of the right to receive any outstanding instalments.E+W+S

Commencement Information

I208Sch. 10 para. 16 in force at 11.4.1988, see reg. 1

17.  Except in the case of a person to whom section 23 of the Act (trade disputes) applies [F639or in respect of whom section 20(3) of the Act (conditions of entitlement to income support) has effect as modified by section 23A(b) of the Act (effect of return to work)], [F640any payment made by a local authority under section 1, 27 or 29 of the Child Care Act 1980 or, as the case may be, section 12, 24 or 26 of the Social Work (Scotland) Act 1968 (local authorities' duty to promote welfare of children and powers to grant financial assistance to persons in, or formerly in, their care).] E+W+S

Textual Amendments

Commencement Information

I209Sch. 10 para. 17 in force at 11.4.1988, see reg. 1

18.  Any social fund payment.E+W+S

Commencement Information

I210Sch. 10 para. 18 in force at 11.4.1988, see reg. 1

19.  Any refund of tax which falls to be deducted under section 26 of the Finance Act 1982 F641 (deductions of tax from certain loan interest) on a payment of relevant loan interest for the purpose of acquiring an interest in the home or carrying out repairs or improvements in the home.E+W+S

Textual Amendments

Commencement Information

I211Sch. 10 para. 19 in force at 11.4.1988, see reg. 1

20.  Any capital which under [F642regulation 41, 44(1) or 66A (capital treated as income, modifications in respect of children and young persons or treatment of student loans)] is to be treated as income.E+W+S

Textual Amendments

Commencement Information

I212Sch. 10 para. 20 in force at 11.4.1988, see reg. 1

21.  Where a payment of capital is made in a currency other than sterling, any banking charge or commission payable in converting that payment into sterling.E+W+S

Commencement Information

I213Sch. 10 para. 21 in force at 11.4.1988, see reg. 1

[F64322.  Any payment made under the Macfarlane Trust[F644, the Macfarlane (Special Payments) Trust] [F645or the Independent Living Fund] and any sum derived from such a payment.]E+W+S

Textual Amendments

[F64323.  The value of the right to receive an occupational pension.]E+W+S

Textual Amendments

[F64324.  The value of the right to receive any rent.]E+W+S

Textual Amendments

[F64625.  Where a claimant has ceased to occupy what was formerly the dwelling occupied as the home following his estrangement or divorce from his former partner, that dwelling for a period of 26 weeks from the date on which he ceased to occupy that dwelling.]E+W+S

Textual Amendments

[F64626.  Any premises where the claimant is taking reasonable steps to dispose of those premises, for a period of 26 weeks from the date on which he first took such steps, or such longer period as is reasonable in the circumstances to enable him to dispose of those premises.]E+W+S

Textual Amendments

[F64727.  Any premises which the claimant intends to occupy as his home, and in respect of which he is taking steps to obtain possession and has sought legal advice or has commenced legal proceedings, with a view to obtaining possession, for a period of 26 weeks from the date on which he first sought such advice or first commenced such proceedings whichever is earlier, or such longer period as is reasonable in the circumstances to enable him to obtain possession and commence occupation of those premises.]E+W+S

Textual Amendments

[F64628.  Any premises which the claimant intends to occupy as his home to which essential repairs or alterations are required in order to render them fit for such occupation, for a period of 26 weeks from the date on which the claimant first takes steps to effect those repairs or alterations, or such longer period as is reasonable in the circumstances to enable those repairs or alterations to be carried out and the claimant to commence occupation of the premises.]E+W+S

Textual Amendments

[F64829.  Any payment in kind made by a charity [F649or under the Macfarlane (Special Payments) Trust].]E+W+S

Textual Amendments

[F64830.  Any payment not exceeding £200 made under section 2 of the Employment and Training Act 1973 (functions of the Secretary of State) as a training bonus to a person participating in arrangements for training made under that section.]E+W+S

Textual Amendments

[F64831.  Any payment made by the Secretary of State to compensate for the loss (in whole or in part) of entitlement to housing benefit.]E+W+S

Textual Amendments

[F65032.  Any payment made by the Secretary of State to compensate a person who was entitled to supplementary benefit in respect of a period ending immediately before 11th April 1988 but who did not become entitled to income support in respect of a period beginning with that day.]E+W+S

Textual Amendments

[F65033.  Any payment made by the Secretary of State to compensate for the loss of housing benefit supplement under regulation 19 of the Supplementary Benefit (Requirements) Regulations 1983.]E+W+S

Textual Amendments

[F65034.  Any payment made to a juror or a witness in respect of attendance at a court other than compensation for loss of earnings or for the loss of a benefit payable under the benefit Acts.]E+W+S

Textual Amendments

[F65035.  Any housing benefit in the form of a community charge rebate.]E+W+S

Textual Amendments

[F65136.  Any payment in consequence of a reduction of a personal community charge pursuant to regulations under section 13A of the Local Government Finance Act 1988 or section 9A of the Abolition of Domestic Rates Etc (Scotland) Act 1987 (reduction of liability for personal community charge) but only for a period of 52 weeks from the date of the receipt of the payment.]E+W+S

Textual Amendments

F651Sch. 10 para. 36 added (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(a), 23(a)

[F65237.  Any grant made to the claimant in accordance with a scheme made under section 129 of the Housing Act 1988 or section 66 of the Housing (Scotland) Act 1988 (schemes for payments to assist local housing authority and local authority tenants to obtain other accommodation) which is to be used—E+W+S

(a)to purchase premises intended for occupation as his home; or

(b)to carry out repairs or alterations which are required to render premises fit for occupation as his home

for a period of 26 weeks from the date on which he received such a grant or such longer period as is reasonable in the circumstances to enable the purchase, repairs or alterations to be completed and the claimant to commence occupation of those premises as his home.]

Textual Amendments

F652Sch. 10 para. 37 added (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 23(b)

[F65338.—(1) Any payment or repayment made–E+W+S

(a)as respects England and Wales, under regulation 3, 5 or 8 of the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 (travelling expenses and health service supplies);

(b)as respects Scotland, under regulation 3, 5 or 8 of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 1988 (travelling expenses and health service supplies);

but only for a period of 52 weeks from the date of receipt of the payment or repayment.

(2) Any payment or repayment made by the Secretary of State for Health, the Secretary of State for Scotland or the Secretary of State for Wales which is analogous to a payment or repayment mentioned in sub-paragraph (1); but only for a period of 52 weeks from the date of receipt of the payment or repayment.]

Textual Amendments

[F65339.  Any payment made under regulation 9 to 11 or 13 of the Welfare Food Regulations 1988 (payments made in place of milk tokens or the supply of vitamins), but only for a period of 52 weeks from the date of receipt of the payment.]E+W+S

Textual Amendments

[F65340.  Any payment made either by the Secretary of State for the Home Department or by the Secretary of State for Scotland under a scheme established to assist relatives and other persons to visit persons in custody, but only for a period of 52 weeks from the date of receipt of the payment.]E+W+S

Textual Amendments

[F65341.  Any arrears of special war widows payment which is disregarded under paragraph 47 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings), but only for a period of 52 weeks from the date of receipt of the arrears.]E+W+S

Textual Amendments

Explanatory Note

(This note is not part of the Regulations)

These Regulations provide for various matters concerning entitlement to, and the amount of, income support.

Part I contains general provisions affecting the citation, commencement and interpretation of the Regulations (regulations 1 to 3).

Part II prescribes the circumstances in which a person's entitlement is to continue notwithstanding his absence from Great Britain; provide for what is to be treated as remunerative work and relevant education; specifies the circumstances in which a person is not required to be available for employment, or is to be treated or not treated as in remunerative work, available for employment, or in relevant education; and also provides for a person under the age of 18 to be registered for employment (regulations 4 to 13).

Part III makes provision in respect of children and young persons and prescribes, for the purpose of determining the members of a family, the circumstances in which a person is to be treated as responsible for another or as a member of the same household (regulations 14 to 17).

Part IV provides for a claimant's applicable amount (by reference to which the amount of his income support is calculated) to consist of the following: a personal allowance for the claimant and members of his family; where applicable, a family, lone parent, pensioner or disability premium and an amount in respect of mortgage interest payments or other prescribed housing costs. It also makes special provision in the case of polygamous marriages, boarders, certain cases of disqualification from unemployment, and other special cases (regulations 17 to 22).

Part V contains provisions for the calculation of income and capital. Chapters II to V make provision for income not expressly disregarded to be taken into account on a weekly basis; define earnings and prescribe the manner in which earnings and other income are to be calculated; they also prescribe the circumstances in which capital is to be treated as income and a person is to be treated as possessing income which he in fact does not possess.

Chapter VI makes provision for the calculation of capital; sets the capital limit over which a person is not to be entitled to benefit at £6,000 and provides for a weekly tariff income on capital over £3,000 and under that limit at a rate of £1 for every £250. Chapters VII and VIII make special provision in relation to the calculation of payments made by liable relatives and in respect of students (regulations 23 to 69).

Part VI makes provision for persons from abroad and for persons who are treated as possessing earnings who could not otherwise qualify for income support to be entitled to income support in cases of hardship; and for determining their applicable amount and income and capital (regulations 70 to 72).

These regulations are made before the expiry of 12 months from the commencement of provisions under which they are made: they are accordingley exempt, by section 61(5) of the Social Security Act 1986, from reference to the Social Security Advisory Committee and have not been so referred.