PART IVE+W+SAPPLICABLE AMOUNTS

Polygamous marriagesE+W+S

18.—[F1(1)] [F2Subject to paragraph (2) and] [F3regulations 21] [F4to 22A] F5... (applicable amounts in other cases and reductions in applicable amounts F5...), 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 [F6sub-paragraphs (3)(d)] [F7and (1)(e)] of paragraph 1 of Schedule 2 in respect of each of his other partners;

(c)[F8an 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, [F9except as provided in regulation 44(1) (modifications in respect of children and young persons)], would exceed £3,000;]

F10(cc). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)[F11if 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 [F12housing costs as prescribed] in that Schedule.

[F13(g)any amount determined in accordance with regulation 17(1)(f) (applicable amounts);]

F14(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F15(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

[F16(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).]]

Textual Amendments

F8Reg. 18(1)(c) 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. 3(a)

F9Words in reg. 18(1)(c) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 4) Regulations 1993 (S.I. 1993/2119), regs. 1(1)(a), 8

F11Reg. 18(1)(d) 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. 3(a)

F12Words in reg. 18(1)(f) substituted (with effect in accordance with regs.19 - 21 of the amending S.I.) by The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 2(c)

Modifications etc. (not altering text)

C4Reg. 18(1)(c): sum confirmed (coming into force in accordance with art. 1(3)(h) of the amending S.I.) by The Social Security Benefits Up-rating Order 2020 (S.I. 2020/234), arts. 1(3)(h), 21(2)(a)

Commencement Information

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