PART IVAPPLICABLE AMOUNTS
Applicable amounts17.
(1)
Subject to regulations F118 to 22A F2... (applicable amounts in other cases and reductions in applicable amounts F2...), 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)
F3an 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, F4except as provided in regulation 44(1) (modifications in respect of children and young persons), would exceed £3,000;
F5(bb)
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(c)
F3if 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.
F8(g)
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F9(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.
F9(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.
F9(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
F10(iii)
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).
F9(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.
F9(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 F11the permitted period determined in accordance with regulation 3A (permitted period).
F12(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 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.
F9(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.
Polygamous marriages18.
F15(1)
F16Subject to paragraph (2) and F17regulations 21 F18to 22A F19... (applicable amounts in other cases and reductions in applicable amounts F19...), 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)
(c)
F22an 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, F23except as provided in regulation 44(1) (modifications in respect of children and young persons), would exceed £3,000;
F24(cc)
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(d)
F25if 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.
F26(g)
any amount determined in accordance with regulation 17(1)(f) (applicable amounts);
F27(h)
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F28(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
F29(b)
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 homesF3019.
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Applicable amounts for persons in board and lodging accommodation and hostelsF3120.
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Special cases21.
(1)
Subject to F32paragraph (1B), F33F34regulation 21ZB (treatment of refugees) and F35regulation 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 F36be 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, F37except as provided in regulation 44(1) (modifications in respect of children and young persons), would exceed £3,000.
F38(1A)
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F39(1B)
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F40(2)
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(3)
F41In 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 F43the 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 F44the partner for the purposes of exclusion from entitlement to income support;
F45...
“patient” means a person (other than a prisoner) who is regarded as receiving free in-patient treatment within the meaning of F46regulation 2(4) and (5) of the Social Security (Hospital In-Patients) Regulations 2005.
F47“person from abroad” has the meaning given in regulation 21AA;
F48“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,
F51...
F52(3ZA)
In Schedule 7 “person serving a sentence of imprisonment detained in hospital” means a person (“P”) who satisfies either of the following conditions.
(3ZB)
The first condition is that—
(a)
P is being detained under section 45A or 47 of the Mental Health Act 1983 (power of higher courts to direct hospital admission; removal to hospital of persons serving sentences of imprisonment etc.); and
(b)
in any case where there is in relation to P a release date within the meaning of section 50(3) of that Act, P is being detained on or before the day which the Secretary of State certifies to be that release date.
(3ZC)
The second condition is that P is being detained under—
(a)
section 59A of the Criminal Procedure (Scotland) Act 1995 (hospital direction); or
(b)
section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (transfer of prisoners for treatment of mental disorder).
F53(3A)
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F53(3B)
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F53(3C)
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F53(3D)
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F53(3E)
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F54(3F)
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F54(3G)
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F55(4)
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F55(4A)
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F55(4B)
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(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.
F56Special cases: supplemental – persons from abroad21AA.
(1)
”Person from abroad” means, subject to the following provisions of this regulation, a claimant who is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland.
(2)
No claimant shall be treated as habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland unless he has a right to reside in (as the case may be) the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland other than a right to reside which falls within paragraph (3).
(3)
A right to reside falls within this paragraph if it is one which exists by virtue of, or in accordance with, one or more of the following—
(a)
regulation 13 of the Immigration (European Economic Area) Regulations 2006;
(b)
regulation 14 of those Regulations, but only in a case where the right exists under that regulation because the claimant is—
(i)
a jobseeker for the purpose of the definition of “qualified person” in regulation 6(1) of those Regulations, or
(ii)
a family member (within the meaning of regulation 7 of those Regulations) of such a jobseeker;
F57(bb)
regulation 15A(1) of those Regulations, but only in a case where the right exists under that regulation because the claimant satisfies the criteria in regulation 15A(4A) of those Regulations;
(c)
Article 6 of Council Directive No.2004/38/EC; F58...
(d)
Article 39 of the Treaty establishing the European Community (in a case where the claimant is a person seeking work in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland)F59; or
(e)
Article 20 of the Treaty on the Functioning of the European Union (in a case where the right to reside arises because a British citizen would otherwise be deprived of the genuine enjoyment of the substance of their rights as a European Union citizen).
(4)
A claimant is not a person from abroad if he is—
(a)
a worker for the purposes of Council Directive No.2004/38/EC;
(b)
a self-employed person for the purposes of that Directive;
(c)
a person who retains a status referred to in sub-paragraph (a) or (b) pursuant to Article 7(3) of that Directive;
(d)
a person who is a family member of a person referred to in sub-paragraph (a), (b) or (c) within the meaning of Article 2 of that Directive;
(e)
a person who has a right to reside permanently in the United Kingdom by virtue of Article 17 of that Directive;
F60(f)
a person who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the Immigration (European Economic Area) Regulations 2006 pursuant to—
(i)
regulation 6 of the Accession (Immigration and Worker Authorisation) Regulations 2006 (right of residence of a Bulgarian or Romanian who is an “accession State national subject to worker authorisation”), or
(ii)
regulation 5 of the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013 (right of residence of a Croatian who is an “accession State national subject to worker authorisation”);
(g)
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;
F61(h)
a person who has been granted leave or who is deemed to have been granted leave outside the rules made under section 3(2) of the Immigration Act 1971 where that leave is—
(i)
discretionary leave to enter or remain in the United Kingdom;
(ii)
leave to remain under the Destitution Domestic Violence concession; or
(iii)
leave deemed to have been granted by virtue of regulation 3 of the Displaced Persons (Temporary Protection) Regulations 2005;
(i)
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; F64...
F65(j)
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F65(k)
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Treatment of refugeesF6621ZB.
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Reductions in applicable amounts in certain cases of failure to attend coursesF6721A.
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Reductions in applicable amounts in certain cases of actual or notional unemployment benefit disqualificationF6822.
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F69Reduction in applicable amount where the claimant is appealing against a decision F70which embodies a determination that he is not incapable of work22A.
(1)
Subject to paragraph (3), where a claimant falls within paragraph 25 of Schedule 1B (persons appealing against a decision F71F72which embodies a determination that they are not incapable of work under the personal 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 12F73... 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;
F74(b)
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(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 F75which embodies a determination that he is not incapable of work under the F76personal capability assessment where that F77determination was F78the 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.
Period for which applicable amount is to be calculated where person not excluded from income support under section 115 of the Immigration and Asylum Act 1999F7922B.
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