PART IVAPPLICABLE AMOUNTS
Applicable amountsI1C217
1
F69F69Subject to regulations F2118 to 22A ... (applicable amounts in other cases and reductions in applicable amounts ...), 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;
C9C12b
F45an 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, F14except as provided in regulation 44(1) (modifications in respect of children and young persons), would exceed £3,000;
F42bb
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
F45if 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 F77housing costs as prescribed in that Schedule.
F56g
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F22
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.
F23
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.
F24
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
F53iii
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).
F25
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.
F26
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 F9the permitted period determined in accordance with regulation 3A (permitted period).
F106A
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 F12or section 2 of the Enterprise and New Towns (Scotland) Act 1990 or attending a course at an employment rehabilitation centre established under that section F13of 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.
F27
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 marriagesI2C3C5C618
F41
F5Subject to paragraph (2) andF38regulations 21F22to 22AF70... (applicable amounts in other cases and reductions in applicable amounts F70...), 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
C14C11c
F47an 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, F15except as provided in regulation 44(1) (modifications in respect of children and young persons), would exceed £3,000;
F43cc
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
F46if 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 F78housing costs as prescribed in that Schedule.
F3g
any amount determined in accordance with regulation 17(1)(f) (applicable amounts);
F57h
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F62
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
F24b
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 homesF3919
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Applicable amounts for persons in board and lodging accommodation and hostelsF11I320
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Special casesI4C421
C10C131
Subject to F40paragraph (1B),F26F32regulation 21ZB (treatment of refugees) andF25regulation 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 F48be 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, F16except as provided in regulation 44(1) (modifications in respect of children and young persons), would exceed £3,000.
F681A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F441B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F592
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
F61In Schedule 7 —
F34“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 F54the 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 F55the partner for the purposes of exclusion from entitlement to income support;
- i
F33...
“patient” means a person (other than a prisoner) who is regarded as receiving free in-patient treatment within the meaning of F58regulation 2(4) and (5) of the Social Security (Hospital In-Patients) Regulations 2005.
F62“person from abroad” has the meaning given in regulation 21AA;
F17“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 F27who is detained in hospital under the provisions of the Mental Health Act 1983, or, in Scotland, under the provisions of the F49Mental Health (Care and Treatment) (Scotland) Act 2003 or the Criminal Procedure (Scotland) Act 1995,
- a
F50...
F713ZA
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).
F513A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F513B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F513C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F513D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F513E
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F633F
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F633G
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F524
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F524A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F524B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
F60Special cases: supplemental – persons from abroadC821AA
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) F80or (3A).
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 F81Immigration (European Economic Area) Regulations 2016;
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; F90 or
F82bb
regulation 16 of those Regulations, but only in a case where the right exists under that regulation because the claimant satisfies the criteria in paragraph (5) of that regulation;
F93c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F93d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F93e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F793A
A right to reside falls within this paragraph if it exists by virtue of a claimant having been granted limited leave to enter, or remain in, the United Kingdom under the Immigration Act 1971 by virtue of—
a
Appendix EU to the immigration rules made under section 3(2) of that Act; F92...
b
being a person with a Zambrano right to reside as defined in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of that ActF91; or
c
having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act.
F843B
Paragraph (3A)(a) does not apply to a person who—
a
has a right to reside granted by virtue of being a family member of a relevant person of Northern Ireland; and
b
would have a right to reside under the Immigration (European Economic Area) Regulations 2016 if the relevant person of Northern Ireland were an EEA national, provided that the right to reside does not fall within paragraph (3).
4
A claimant is not a person from abroad if he is—
F94zza
a person granted leave in accordance with the immigration rules made under section 3(2) of the Immigration Act 1971, where such leave is granted by virtue of—
i
the Afghan Relocations and Assistance Policy; or
ii
the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme);
zzb
a person in Great Britain not coming within sub-paragraph (zza) or F95(h) who left Afghanistan in connection with the collapse of the Afghan government that took place on 15th August 2021;
F96zzc
a person in Great Britain who was residing in Ukraine immediately before 1st January 2022, left Ukraine in connection with the Russian invasion which took place on 24th February 2022 and—
i
has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971; F99...
ii
has a right of abode in the United Kingdom within the meaning given in section 2 of that Act;F100or
F98iii
does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act;
F101zzd
a person who was residing in Sudan before 15th April 2023, left Sudan in connection with the violence which rapidly escalated on 15th April 2023 in Khartoum and across Sudan and—
i
has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971;
ii
has a right of abode in the United Kingdom within the meaning given in section 2 of that Act; or
iii
does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act;
F102zze
a person who was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7th October 2023, who left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7th October 2023 or the violence which rapidly escalated in the region following the attack and—
i
has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971;
ii
has a right of abode in the United Kingdom within the meaning given in section 2 of that Act; or
iii
does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act;
F76za
a qualified person for the purposes of regulation 6 of the F83Immigration (European Economic Area) Regulations 2016 as a worker or a self-employed person;
zb
a family member of a person referred to in sub-paragraph (za) F86...;
zc
a person who has a right to reside permanently in the United Kingdom by virtue of regulation 15(1)(c), (d) or (e) of those Regulations;
F87zd
a family member of a relevant person of Northern Ireland, with a right to reside which falls within paragraph (3A)(a), provided that the relevant person of Northern Ireland falls within sub-paragraph (za), or would do so but for the fact that they are not an EEA national;
F89ze
a frontier worker within the meaning of regulation 3 of the Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020;
zf
a family member, of a person referred to in sub-paragraph (ze), who has been granted limited leave to enter, or remain in, the United Kingdom by virtue of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971;
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;
F72h
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 F97...
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; F67...
F74j
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F74k
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F855
In this regulation—
“EEA national” has the meaning given in regulation 2(1) of the Immigration (European Economic Area) Regulations 2016;
“family member” has the meaning given in regulation 7(1)(a), (b) or (c) of the Immigration (European Economic Area) Regulations 2016 except that regulation 7(4) of those Regulations does not apply for the purposes of paragraphs (3B) and (4)(zd);
“relevant person of Northern Ireland” has the meaning given in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971.
F886
In this regulation references to the Immigration (European Economic Area) Regulations 2016 are to be read with Schedule 4 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020(Consequential, Saving, Transitional and Transitory Provisions) Regulations 2020.
Treatment of refugeesF6521ZB
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reductions in applicable amounts in certain cases of failure to attend coursesF1921A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reductions in applicable amounts in certain cases of actual or notional unemployment benefit disqualificationF20I522
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F18Reduction in applicable amount where the claimant is appealing against a decision F28which embodies a determination that he is not incapable of workC722A
C11
Subject to paragraph (3), where a claimant falls within paragraph 25 of Schedule 1B (persons appealing against a decision F29F35which 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 12 F66... 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;
F41b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 F30which embodies a determination that he is not incapable of work under the F36personal capability assessment where that F31determination was F37the 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 1999F7522B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .