PART IVAPPLICABLE AMOUNTS
Applicable amountsI1C217
1
Subject to regulations F2518 to 22A 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;
C5b
F56an 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, F16except as provided in regulation 44(1) (modifications in respect of children and young persons), would exceed £3,000;
F52bb
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
F56if 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.
F72g
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F32
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.
F33
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.
F34
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
F69iii
in a care home, an Abbeyfield Home or an independent hospital; 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).
F35
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.
F36
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 F10the permitted period determined in accordance with regulation 3A (permitted period).
F116A
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 F13or section 2 of the Enterprise and New Towns (Scotland) Act 1990 or attending a course at an employment rehabilitation centre established under that section F14of the 1973 Act, 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.
F37
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.
Polygamous marriagesI2C318
F51
F6Subject to paragraph (2) andF48regulations 21F26to 22A 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
C8c
F58an 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, F17except as provided in regulation 44(1) (modifications in respect of children and young persons), would exceed £3,000;
F53cc
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
F57if 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.
F4g
any amount determined in accordance with regulation 17(1)(f) (applicable amounts);
F73h
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F72
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
F28b
that partner is a person who—
i
had he not been a member of a polygamous marriage would have qualified for income support under regulation 4ZA; or
ii
satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (prescribed circumstances for persons aged 16 but less than 18); or
iii
is the subject of a direction under section 16 of the Jobseekers Act 1995 (persons under 18: severe hardship).
Applicable amounts for persons in residential care and nursing homesF4919
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Applicable amounts for persons in board and lodging accommodation and hostelsF12I320
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Special casesI4C421
C61
Subject to F50paragraph (1B),F32F40regulation 21ZB (treatment of refugees) andF29regulation 22A (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 F59be 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, F18except as provided in regulation 44(1) (modifications in respect of children and young persons), would exceed £3,000.
F151A
Except where the amount prescribed in Schedule 7 in respect of a person to whom paragraph (1) applies includes an amount applicable under regulation 17(1)(d) or 18(1)(e), a person to whom paragraph (1) applies shall be treated as not being severely disabled.
F541B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
In Schedule 7, for the purposes of F55paragraph 1,2 F60or 3 (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
F63Subject to paragraphs (3F) and (3G), in Schedule 7—
F42“partner of a person subject to immigration control" means a person–
- i
who is not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act; or
- ii
to whom section 115 of that Act does not apply by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000; and
- iii
who is a member of a couple and F70the member's partner is subject to immigration control within the meaning of section 115(9) of that Act and section 115 of that Act applies to F71the partner for the purposes of exclusion from entitlement to income support;
- i
F41...
“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 1975F1.
F19“person from abroad” F43... means a claimant who is not habitually resident in the United Kingdom, F30the Channel Islands, the Isle of Man or the Republic of Ireland, but for this purpose, no claimant shall be treated as not habitually resident in the United Kingdom who is—
- a
a worker for the purposes of Council Regulation (EEC) No. 1612/68 or (EEC) No. 1251/70 or a person with a right to reside in the United Kingdom pursuant to Council Directive No.68/360/EEC or No.73/148/EECF64or a person who is an accession State worker requiring registration who is treated as a worker for the purpose of the definition of “qualified person” in regulation 5(1) of the Immigration (European Economic Area) Regulations 2000 pursuant to regulation 5 of the Accession (Immigration and Worker Registration) Regulations 2004; or
- b
a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951, as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967; or
- c
a person who has been granted exceptional leave F34to enter the United Kingdom by an immigration officer within the meaning of the Immigration Act 1971, or to remain in the United Kingdom by the Secretary of StateF47; or
- d
a person who is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act and who is in the United Kingdom as a result of his deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom;
- a
F20“prisoner” means a person who—
- a
is detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court; or
- b
is on temporary release in accordance with the provisions of the Prison Act 1952 or the Prisons (Scotland) Act 1989,
other than a person F33who is detained in hospital under the provisions of the Mental Health Act 1983, or, in Scotland, under the provisions of the F65Mental Health (Care and Treatment) (Scotland) Act 2003 or the Criminal Procedure (Scotland) Act 1995,
- a
F66...
F673A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F673B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F673C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F673D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F673E
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F213F
In paragraph (3) “person from abroad” does not include any person in Great Britain who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption.
F623G
In paragraph (3), for the purposes of the definition of a person from abroad no person shall be treated as habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland if he does not have a right to reside in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland.
F684
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F684A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F684B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
F31Treatment of refugeesF3921ZB
1
This paragraph applies to a person who has submitted a claim for asylum on or after 3rd April 2000 and who is notified that he has been recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967.
2
Subject to paragraph (3), a person to whom paragraph (1) applies, who claims income support within 28 days of receiving the notification referred to in paragraph (1), shall have his claim for income support determined as if he had been recorded as a refugee on the date when he submitted his claim for asylum.
3
The amount of support provided under section 95 or 98 of the Immigration and Asylum Act, including support provided by virtue of regulations made under Schedule 9 to that Act, by the Secretary of State in respect of essential living needs of the claimant and his F61dependantsF61partner (if any) as specified in regulations made under paragraph 3 of Schedule 8 to the Immigration and Asylum Act shall be deducted from any award of income support due to the claimant by virtue of paragraph (2).
Reductions in applicable amounts in certain cases of failure to attend coursesF2321A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reductions in applicable amounts in certain cases of actual or notional unemployment benefit disqualificationF24I522
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F22Reduction in applicable amount where the claimant is appealing against a decision F35which embodies a determination that he is not incapable of work22A
C7C11
Subject to paragraph (3), where a claimant falls within paragraph 25 of Schedule 1B (persons appealing against a decision F36which embodies a determination that they are not incapable of work under the F44personal capability assessment), and none of the other paragraphs of that Schedule applies to him, his applicable amount shall be reduced by a sum equivalent to 20 per cent. of the following amount—
a
in the case of a person to whom regulation 17 or 18 or paragraphs 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 paragraph 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 or a member of a couple or a 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—
aa
does not qualify for income support under regulation 4ZA, or who would not so qualify if he were to make a claim; and
bb
does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (prescribed circumstances for persons aged 16 but less than 18); and
cc
is not the subject of a direction under section 16 of the Jobseekers Act 1995 (persons under 18: severe hardship),
the amount specified in paragraph 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 (other than a member of a couple or a 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 paragraph 1(1)(e) of that Schedule;
F51b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
A reduction under paragraph (1) 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.
3
Paragraph (1) shall not apply to a claimant who is appealing against a decision F37which embodies a determination that he is not incapable of work under the F45personal capability assessment where that F38determination was F46the first determination made in accordance with, the all work test before 3rd April 2000 or, after that date, the personal capability assessment, in relation to the claimant, and the claimant was, immediately prior to 13th April 1995, either—
a
in receipt of invalidity pension under Part II of the Contributions and Benefits Act as then in force, or severe disablement allowance; or
b
incapable of work in accordance with paragraph 5 of Schedule 1 as in force on 12th April 1995 and had been so for a continuous period of 28 weeks.