Subject to F12regulations 21A and 22 (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 be 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, except where otherwise provided, would exceed £3,000.

Except where the amount prescribed in Schedule 7 in respect of a person to whom paragraph (1) applies includes an amount applicable under regulation 17(1)(d) or 18(1)(e), a person to whom paragraph (1) applies shall be treated as not being severely disabled.

In Schedule 7, for the purposes of paragraph 1, 2, 3 or 18 (patients), where a person has been a patient for two or more distinct periods separated by one or more intervals each not exceeding 28 days, he shall be treated as having been a patient continuously for a period equal in duration to the total of those distinct periods.

In Schedule 7—

• “person from abroad” means a person, who—

  1. a

     has a limited leave as defined in section 33(1) of the Immigration Act 1971 F1 (hereinafter referred to as “the 1971 Act”) to enter or remain in the United Kingdom which was given in accordance with any provision of the immigration rules (as defined in that section) which refers to there being, or to there needing to be, no recourse to public funds or to there being no charge on public funds during that limited leave; but this sub-paragraph shall not apply to a person who is a national of a Member State, a state which is a signatory to the European Convention on Social and Medical Assistance (done in Paris on 11th December 1953) F2, F13a state which is a signatory to the Council of Europe Social Charter (signed in Turin on 18th October 1961), the Channel Islands or the Isle of Man F11unless, in the case of a national of a state which is a signatory of that European Convention, he has made an application for the conditions of his leave to remain in the United Kingdom to be varied, and that application has not been determined or an appeal from that application is pending under Part II of the 1971 Act (appeals); or

  2. b

     having a limited leave (as defined in section 33(1) of the 1971 Act) to enter or remain in the United Kingdom, has remained without further leave under that Act beyond the time limited by the leave; or

  3. c

     is the subject of a deportation order being an order under section 5(1) of the 1971 Act (deportation) requiring him to leave and prohibiting him from entering the United Kingdom; or

  4. d

     is adjudged by the immigration authorities to be an illegal entrant (as defined in section 33(1) of the 1971 Act) who has not subsequently been given leave under that Act to enter or remain in the United Kingdom; or

  5. e

     has been allowed temporary admission to the United Kingdom by virtue of paragraph 21 of Schedule 2 to the 1971 Act; or

  6. f

     has been allowed temporary admission to the United Kingdom by the Secretary of State outside any provision of the 1971 Act; or

  7. g

     has not had his immigration status determined by the Secretary of State;

• “patient” means a person (other than a prisoner) who is regarded as receiving free in-patient treatment within the meaning of the Social Security (Hospital In-Patients) Regulations 1975 F3.

• “prisoner” means a person who is detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court other than a person whose detention is under the provisions of the Mental Heath Act 1983 F4 or Mental Health (Scotland) Act 1984;

• “residential accommodation” means, subject to F16paragraphs (3A), (4) and (4A), accommodation for a person whose stay in the accommodation has become other than temporary which is accommodation provided under—

  1. a

     sections 21 to 24 and 26 of the National Assistance Act 1948 F5 (provision of accommodation); or

  2. b

     in Scotland, for the purposes of section 27 of the National Health Service (Scotland) Act 1947 F6 (prevention of illness and after-care) or under section 59 of the Social Work (Scotland) Act 1968 F7 (provision of residential and other establishments) other than in premises which are registered under section 61 of that Act (registration) and which are used for the rehabilitation of alcoholics or drug addicts; or

  3. c

     under section 7 of the Mental Health (Scotland) Act 1984 (functions of local authorities); or

  4. d

     under section 21 of, and paragraph 1 or 2 of Schedule 8 to, the National Health Service Act 1977 F8 (care of mothers and young children, prevention, care and aftercare) by a local social services authority other than—

     1. i

        such accommodation F9where no board is available to the person; or

     2. ii

        accommodation provided under the said section 21 and paragraph 2 which is registered under the provisions of Part I of the Registered Homes Act 1984 where the premises are used for the rehabilitation of alcoholics or drug users; or

     3. iii

        F10...

Where on or after 12th August 1991 a person is in, or only temporarily absent from, residential accommodation within the meaning of paragraph (3) and that accommodation subsequently becomes a residential care home within the meaning of regulation 19 (applicable amounts for persons in residential care and nursing homes) that person shall continue to be treated as being in residential accommodation within the meaning of paragraph (3) if, and for so long as, he remains in the same accommodation and the local authority is under a duty to provide or make arrangements for providing accommodation for that person.

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.