PART IV E+W+SAPPLICABLE AMOUNTS

Polygamous marriagesE+W+S

18.[F1(1)] [F2Subject 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 [F3sub-paragraphs (3)(c)] [F4and (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.

[F5(g)any amount determined in accordance with regulation 17(1)(f) (applicable amounts);]

[F6(h)the amount of the protected sum which may be applicable to him determined in accordance with Schedule 3A] [F7or, as the case may be, 3B].

[F8(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

F7Words 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)

C1Reg. 18(1)(c) sum confirmed (coming into force in accordance with art. 1(3) of the amending S.I.) by The Social Security Benefits Up-rating Order 1989 (S.I. 1989/43), arts. 1(3), 15(2) (with art. 20)

Commencement Information

I1Reg. 18 in force at 11.4.1988, see reg. 1