The Income Support (General) Regulations 1987

Special casesE+W+S

21.—(1) Subject to [F1paragraph (1B),] [F2[F3regulation 21ZB] (treatment of refugees) and] [F4regulation 22A] (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 [F5be 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, [F6except as provided in regulation 44(1) (modifications in respect of children and young persons)], would exceed £3,000].

[F7(1A) 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.]

F8(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In Schedule 7, for the purposes of [F9paragraph 1,2 [F10or 3] (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.

(3) [F11Subject to paragraphs (3F) and (3G)], in Schedule 7—

[F12“partner of a person subject to immigration control" means a person–

(i)

who is not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act; or

(ii)

to whom section 115 of that Act does not apply by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000; and

(iii)

who is a member of a couple and his partner is subject to immigration control within the meaning of section 115(9) of that Act and section 115 of that Act applies to her for the purposes of exclusion from entitlement to income support;]

F13...

“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 1975F14.

[F15“person from abroad” F16... means a claimant who is not habitually resident in the United Kingdom, [F17the Channel Islands, the Isle of Man or the Republic of Ireland], but for this purpose, no claimant shall be treated as not habitually resident in the United Kingdom who is—

(a)

a worker for the purposes of Council Regulation (EEC) No. 1612/68 or (EEC) No. 1251/70 or a person with a right to reside in the United Kingdom pursuant to Council Directive No.68/360/EEC or No.73/148/EEC [F18or a person who is an accession State worker requiring registration who is treated as a worker for the purpose of the definition of “qualified person” in regulation 5(1) of the Immigration (European Economic Area) Regulations 2000 pursuant to regulation 5 of the Accession (Immigration and Worker Registration) Regulations 2004]; or

(b)

a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951, as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967; or

(c)

a person who has been granted exceptional leave [F19to enter the United Kingdom by an immigration officer within the meaning of the Immigration Act 1971, or] to remain in the United Kingdom by the Secretary of State][F20; or

(d)

a person who is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act and who is in the United Kingdom as a result of his deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom;]

[F21“prisoner” means a person who—

(a)

is detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court; or

(b)

is on temporary release in accordance with the provisions of the Prison Act 1952 or the Prisons (Scotland) Act 1989,

other than a person [F22who is detained in hospital under the provisions of the Mental Health Act 1983, or, in Scotland, under the provisions of the [F23Mental Health (Care and Treatment) (Scotland) Act 2003] or the Criminal Procedure (Scotland) Act 1995,]]

F24...

F25(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25(3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25(3C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25(3D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25(3E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F26(3F) In paragraph (3) “person from abroad” does not include any person in Great Britain who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption.]

[F27(3G) In paragraph (3), for the purposes of the definition of a person from abroad no person shall be treated as habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland if he does not have a right to reside in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland.]

F28(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F28(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F28(4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) 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.

Textual Amendments

F4Words in reg. 21(1) 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), 12

F5Words in reg. 21(1) 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. 4(a)

F6Words in reg. 21(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), 3

F10Word in reg. 21(2) 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. 4(b)

F14S.I. 1975/555, the relevant amending instruments are 1977/1693 and 1987/1683.

F19Words in reg. 21(3) 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), 18(3)(4)(c)

F22Words in reg. 21(3) 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), 8(1)(2)(c)(i)

Modifications etc. (not altering text)

C2Reg. 21(1): sum confirmed (coming into force in accordance with art. 1(2)(h) of the amending S.I.) by The Social Security Benefits Up-rating Order 2005 (S.I. 2005/522), art. 16(2)(a)

Commencement Information

I1Reg. 21 in force at 11.4.1988, see reg. 1