The Income Support (General) Regulations 1987

Polygamous marriages E+W+S

18.— [F1 (1)] [F2 Subject 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 [F3 sub-paragraphs (3)(c)] [F4 and (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;

[F5 (cc) an amount, whether in respect of the claimant or any member of his household aged 16 or over, determined in accordance with paragraph 2A of Schedule 2 (residential allowance);]

(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.

[F6 (g) any amount determined in accordance with regulation 17(1)(f) (applicable amounts);]

[F7 (h) the amount of the protected sum which may be applicable to him determined in accordance with Schedule 3A] [F8 or, as the case may be, 3B].

[F9 (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

F1 Reg. 18 renumbered as reg. 18(1) (12.9.1988) by The Income Support (General) Amendment No. 3 Regulations 1988 (S.I. 1988/1228), regs. 1(1)(b), 5(a)

F2 Words in reg. 18(1) substituted (12.9.1988) by The Income Support (General) Amendment No. 3 Regulations 1988 (S.I. 1988/1228), regs. 1(1)(b), 5(a)

F3 Words in reg. 18(1)(b) substituted (12.9.1988) by The Income Support (General) Amendment No. 3 Regulations 1988 (S.I. 1988/1228), regs. 1(1)(b), 5(b)

F4 Words in reg. 18(1)(b) substituted (10.7.1989) by The Family Credit and Income Support (General) Amendment Regulations 1989 (S.I. 1989/1034), regs. 1(1)(a), 5

F5 Reg. 18(1)(cc) inserted (1.4.1993) by The Social Security Benefits (Amendments Consequential Upon the Introduction of Community Care) Regulations 1992 (S.I. 1992/3147), regs. 1(1), 2(1)(c)

F6 Reg. 18(1)(g) added (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 6

F7 Reg. 18(1)(h) added (10.4.1989) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), reg. 1(1)(c), Sch. 1 para. 12 (with reg. 28)

F8 Words 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

F9 Reg. 18(2) added (12.9.1988) by The Income Support (General) Amendment No. 3 Regulations 1988 (S.I. 1988/1228), regs. 1(1)(b), 5(c)

Modifications etc. (not altering text)

C1 Reg. 18(1)(c) sum confirmed (coming into force in accordance with art. 1(2)(f) of the amending S.I.) by The Social Security Benefits Up-rating Order 1993 (S.I. 1993/349), art. 16(1)(2)

Commencement Information

I1 Reg. 18 in force at 11.4.1988, see reg. 1