The Income Support (General) Regulations 1987

PART VI E+W+S URGENT CASES

Urgent cases E+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—

[F1 (a) a claimant to whom paragraph (2A) applies (persons not excluded from income support under section 115 of the Immigration and Asylum Act);]

(b) a claimant who is treated as possessing income under regulation 42(3) (notional income);

F2 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3 (2A) This paragraph applies to a person not excluded from entitlement to income support under section 115 of the Immigration and Asylum Act by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 except for a person to whom paragraphs 3 and 4 of Part I of the Schedule to those Regulations applies.]

F4 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) This regulation shall only apply to a person to whom paragraph (2)(b) [F5 applies, 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 [F6 Secretary of State] is satisfied that, unless the provisions of this Part are applied to the claimant, the claimant or his family will suffer hardship.

Textual Amendments

F1 Reg. 70(2)(a) substituted (3.4.2000) by The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (S.I. 2000/636), regs. 1(1), 3(7)(a) (with reg. 12(3)(4)(5))

F2 Reg. 70(2)(c) omitted (9.10.1989) by virtue of The Income Support (General) Amendment No. 2 Regulations 1989 (S.I. 1989/1323), regs. 1(1)(b), 16(a)

F3 Reg. 70(2A) inserted (3.4.2000) by The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (S.I. 2000/636), regs. 1(1), 3(7)(b) (with reg. 12(3)(4)(5))

F4 Reg. 70(3)(3A)(3B) omitted (3.4.2000) by virtue of The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (S.I. 2000/636), regs. 1(1), 3(7)(c) (with reg. 12(3)(4)(5))

F5 Words in reg. 70(4) substituted (9.10.1989) by The Income Support (General) Amendment No. 2 Regulations 1989 (S.I. 1989/1323), regs. 1(1)(b), 16(b)

F6 Words in reg. 70(4)(b) substituted (29.11.1999) by The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/3178), reg. 3(1)(a), Sch. 5 para. 8 (with reg. 3(1)(b), Schs. 21-23)

Commencement Information

I1 Reg. 70 in force at 11.4.1988, see reg. 1

Applicable amounts in urgent cases E+W+S

71.—(1) For the purposes of calculating any entitlement to income support under this Part—

(a) except in a case to which [F7 sub-paragraph F8 ... (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); [F9 and where regulation 22A (reduction in applicable amount where the claimant is appealing against a decision [F10 which embodies a determination] that he is not incapable of work) 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 20 per cent;]

(ii) [F11 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, [F12 except as provided in regulation 44(1) (modifications in respect of children and young person)], would exceed £3,000;]

(iii) the amount, if applicable, specified in [F13 Part [F14 II or] III of Schedule 2 (premiums)]; and

(iv) any amounts applicable under [F15 regulation 17(1)(e) or, as the case may be, 18(1)(f) (housing costs)]; [F16 and

F17 (v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F18 (vi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F21 (d) except where sub-paragraph F8 ... (c) applies, in the case of a person to whom any paragraph, other than [F22 paragraph 16A], 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) [F23 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, [F12 except as provided in regulation 44(1) (modifications in respect of children and young person)], would exceed £3,000;]

(ii) any premium under [F24 Part [F25 II or] III of Schedule 2]; and

[F26 (iii) any amounts applicable under regulation 17(1)(e) or, as the case may be, 18(1)(f)]]

F27 (iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F28 (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F29 (2) In a case to which paragraph 1 of Part I of the Schedule to the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 applies, the period for which a claimant’s weekly applicable amount is to be calculated in accordance with paragraph (1) shall be any period, or the aggregrate of any periods, not exceeding 42 days during any one period of leave to which that paragraph of that Part of the Schedule to those Regulations applies.]

[F30 (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

F7 Words in reg. 71(1)(a) substituted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 25(a)

F8 Words in reg. 71 omitted (8.4.2002) by S.I. 2001/3767, Sch. Pt. 1 para. 12(za)(bb) (as inserted by The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2002 (S.I. 2002/398), regs. 1, 4(2)(a))

F9 Words in reg. 71(1)(a)(i) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/206), regs. 1(1), 18(2)

F10 Words in reg. 71(1) inserted (6.9.1999) by The Social Security Act 1998 (Commencement No. 9, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/2422), art. 3(1), Sch. 6 para. 2

F11 Reg. 71(1)(a)(ii) omitted (for specified purposes and with effect in accordance with reg. 1(2)-(5) of the amending S.I.) by virtue of The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 1 para. 18(a)

F12 Words in reg. 71(1) substituted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1994 (S.I. 1994/527), regs. 1(1)(b), 6

F13 Words in reg. 71(1)(a)(iii) substituted (10.7.1989) by The Family Credit and Income Support (General) Amendment Regulations 1989 (S.I. 1989/1034), regs. 1(1)(a), 9(a)

F14 Words in reg. 71(1)(a)(iii) omitted (for specified purposes and with effect in accordance with reg. 1(2)-(5) of the amending S.I.) by virtue of The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 1 para. 18(b)

F15 Words in reg. 71(1)(a)(iv) substituted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 15(a)

F16 Reg. 71(1)(a)(v) and word inserted (10.4.1989) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), reg. 1(1)(c), Sch. 1 para. 13(a) (with reg. 28)

F17 Reg. 71(1)(a)(v) revoked (3.4.2006) by The Social Security (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/588), regs. 1(5), 2(4)(c)

F18 Reg. 71(1)(a)(vi) omitted (6.10.2003) by virtue of The Social Security (Removal of Residential Allowance and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1121), reg. 1, Sch. 1 para. 5(a)(i)

F19 Reg. 71(1)(b) omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), Sch. Pt. I para. 12(a)

F20 Reg. 71(1)(c) omitted (6.10.2003) by virtue of The Social Security (Removal of Residential Allowance and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1121), reg. 1, Sch. 1 para. 5(a)(ii)

F21 Reg. 71(1)(d) added (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 25(b)

F22 Words in reg. 71(1)(d) substituted (3.4.2000) by The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (S.I. 2000/636), regs. 1(1), 3(8)(a)

F23 Reg. 71(1)(d)(i) omitted (for specified purposes and with effect in accordance with reg. 1(2)-(5) of the amending S.I.) by virtue of The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 1 para. 18(a)

F24 Words in reg. 71(1)(d)(ii) substituted (10.7.1989) by The Family Credit and Income Support (General) Amendment Regulations 1989 (S.I. 1989/1034), regs. 1(1)(a), 9(b)

F25 Words in reg. 71(1)(d)(ii) omitted (for specified purposes and with effect in accordance with reg. 1(2)-(5) of the amending S.I.) by virtue of The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 1 para. 18(b)

F26 Reg. 71(1)(d)(iii) substituted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 15(b)

F27 Reg. 71(1)(d)(iv) revoked (3.4.2006) by The Social Security (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/588), regs. 1(5), 2(4)(c)

F28 Reg. 71(1A) omitted (6.10.2003) by virtue of The Social Security (Removal of Residential Allowance and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1121), reg. 1, Sch. 1 para. 5(b)

F29 Reg. 71(2) substituted (coming into force in accordance with reg. 1(3) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2001 (S.I. 2001/859), regs. 1(3), 3(3)

F30 Reg. 71(3) added (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 25(c)

Modifications etc. (not altering text)

C1 Reg. 71(1)(a)(i): sum confirmed (coming into force in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2008 (S.I. 2008/632), art. 16(8), Sch. 5

C2 Reg. 71(1)(a)(ii): sum confirmed (coming into force in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2008 (S.I. 2008/632), art. 16(2)(a)

C3 Reg. 71(1)(d): sum confirmed (coming into force in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2008 (S.I. 2008/632), art. 16(8), Sch. 5

C4 Reg. 71(1)(d)(i): sum confirmed (coming into force in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2008 (S.I. 2008/632), art. 16(2)(a)

Commencement Information

I2 Reg. 71 in force at 11.4.1988, see reg. 1

Assessment of income and capital in urgent cases E+W+S

72.—(1) The claimant' income shall be calculated in accordance with Part V subject to the following modifications—

[F31 (a) any income other than—

(i) a payment of income or income in kind made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Fund, the Eileen Trust or the Independent Living [F32 Fund (2006)]; or

(ii) income to which paragraph 5, 7 (but only to the extent that a concessionary payment would be due under that paragraph for any non-payment of income support under regulation 70 of these Regulations or of jobseeker’s allowance under regulation 147 of the Jobseeker’s Allowance Regulations 1996 [F33 or of employment and support allowance under regulation 164 of the Employment and Support Allowance Regulations] (urgent cases)), 31, 39(2), (3) or (4), 40, 42, 52 or 57 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 [F34 regulation 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;

F35 (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 [F36 and, 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 [F37 Part 7 of the Contributions and Benefits Act] [F38 or any arrears of benefit due under regulation 70 of these Regulations [F39 , regulation 164 of the Employment and Support Allowance Regulations] or regulation 147 of the Jobseeker’s Allowance Regulations 1996 (urgent cases)], 7, 9(b), 19, 30 [F40 , 32 and 47 to 49] 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

F31 Reg. 72(1)(a) substituted (coming into force in accordance with reg. 1(2)(3) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/563), regs. 1(2), 19(1)(a)

F32 Words in reg. 72(1)(a)(i) substituted (17.11.2008) by The Social Security (Miscellaneous Amendments) (No.6) Regulations 2008 (S.I. 2008/2767), regs. 1(2), 2(6)(d)

F33 Words in reg. 72(1)(a)(ii) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 2(8)(a)

F34 Words in reg. 72(1)(c) substituted (12.12.1988) by The Income Support (General) Amendment No. 5 Regulations 1988 (S.I. 1988/2022), regs. 1(1)(a), 15(b)

F35 Reg. 72(1)(e) omitted (9.10.1989) by virtue of The Income Support (General) Amendment No. 2 Regulations 1989 (S.I. 1989/1323), regs. 1(1)(b), 17

F36 Words in reg. 72(2) substituted (12.12.1988) by The Income Support (General) Amendment No. 5 Regulations 1988 (S.I. 1988/2022), regs. 1(1)(a), 15(c)

F37 Words in reg. 72(2) substituted (14.4.2008) by The Social Security (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/698), regs. 1(1), 2(10)

F38 Words in reg. 72(2) inserted (coming into force in accordance with reg. 1(2)(3) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/563), regs. 1(2), 19(1)(b)

F39 Words in reg. 72(2) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 2(8)(b)

F40 Words in reg. 72(2) substituted (15.10.1996) by The Income Support and Social Security (Claims and Payments) (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/2431), regs. 1(1), 4(b)

Commencement Information

I3 Reg. 72 in force at 11.4.1988, see reg. 1