The Income Support (General) Regulations 1987

Reductions in applicable amounts in certain cases of actual or notional unemployment benefit disqualification E+W+S

22.—(1) The weekly applicable amount of a claimant to whom paragraph (4) or (5) applies shall, subject to paragraph (2), be reduced by a sum equal to 40 per cent of the following amount (hereinafter referred to as the “ relevant amount”)—

(a) in the case of a person to whom regulation 17 or 18 or paragraph 4 to 6, 9 to 12, 16, 17(c)(i) or (d)(i) of Schedule 7 applies—

(i) where he is a single claimant aged less than 18 or a member of a couple or a polygamous marriage where all the members, in either case, are less than 18, the amount specified in [F1 paragraph 1(1)(a), (b) or (c), as the case may be,] of Schedule 2 (applicable amounts);

(ii) where he is a single claimant aged not less than 18 but less than 25 [F2 or a member of a couple or polygamous marriage where one member is aged not less than 18 but less than 25 and the other member, or in the case of a polygamous marriage each other member, is a person under 18 who is not eligible for income support under regulation 13A (persons under 18 years), or is not the subject of a direction under section 20(4A) (severe hardship direction)], the amount specified in [F3 paragraph 1(1)(d)] of that Schedule;

(iii) where he is a single claimant aged not less than 25 or a member of a couple or a polygamous marriage [F4 (other than a member of a couple or polygamous marriage to whom head (ii) of this sub-paragraph applies)] at least one of whom is aged not less than 18, the amount specified in [F5 paragraph 1(1)(e)] of that Schedule;

(b) in the case of a person to whom [F6 regulation 19 (applicable amounts for persons in residential care and nursing homes) applies, the amount allowed for personal expenses for him specified in paragraph 13 of Schedule 4.]

(2) Where—

(a) the claimant's capital calculated in accordance with Part V (including any capital treated as his) does not exceed £200; and

(b) he or any member of his family is either pregnant or seriously ill,

his weekly applicable amount shall be reduced by a sum equal to 20 per cent of the relevant amount in his case.

(3) A reduction under paragraph (1) or (2) shall, if it is not a multiple of 5p, be rounded to the nearest such multiple or, if it is a multiple of 2.5p but not of 5p, to the next lower multiple of 5p.

(4) This paragraph applies to a claimant—

(a) whose weekly applicable amount is calculated otherwise than in accordance with regulation 21 and paragraph 1 to 3, 8(b), 13, 16 and 18 of Schedule 7; and

(b) whose right to income support is, under section 20(3)(d)(i) of the Act (conditions of entitlement to income support), subject to the condition of availability for employment; and

(c) who—

(i) is disqualified for receiving unemployment benefit under section 20(1) of the Social Security Act F7 (disqualifications etc); or

(ii) has made a claim for unemployment benefit which has not been determined by an adjudication officer and in respect of which, in the opinion of an adjudication officer, a question as to disqualification under that section arises; or

(iii) has not made a claim for unemployment benefit or has had such a claim disallowed other than by reason of section 20(1) and, in either case, would be so disqualified if he were to make such a claim or it had not been so disallowed.

(5) This paragraph applies to a claimant who is not required to be available for employment by virtue of regulation F8 ... [F9 8(3)] (persons not required to be available for employment) [F10 or a claimant who is not required to be actively seeking employment by virtue of regulation 10A(2) (actively seeking employment)] F8 ....

(6) This regulation shall apply—

(a) in a case to which head (i) of paragraph (4)(c) applies, for the period of the disqualification;

(b) in a case to which head (ii) of paragraph (4)(c) applies, for a period of [F11 13] [F11 26] weeks except that where, on subsequent determination of the claim for unemployment benefit—

(i) disqualification is not imposed, any reduction imposed under paragraph (1) or (2), as the case may be, shall be withdrawn,

(ii) disqualification is imposed but for a period of less than [F11 13 ] [F11 26] weeks, the period of such reduction shall be adjusted to correspond with the period of disqualification;

(c) in a case to which head (iii) of paragraph (4)(c) applies, for the period for which the claimant would be disqualified if he were to make a claim for unemployment benefit or if such a claim had not been disallowed for other reasons.

(d) in a case to which paragraph (5) applies, for so long as that paragraph continues so to apply.

Textual Amendments

F1 Words in reg. 22(1)(a)(i) substituted (10.7.1989) by The Family Credit and Income Support (General) Amendment Regulations 1989 (S.I. 1989/1034), regs. 1(1)(a), 6(a)

F2 Words in reg. 22(1)(a)(ii) inserted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 9(a)

F3 Words in reg. 22(1)(a)(ii) substituted (10.7.1989) by The Family Credit and Income Support (General) Amendment Regulations 1989 (S.I. 1989/1034), regs. 1(1)(a), 6(b)

F4 Words in reg. 22(1)(a)(iii) inserted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 9(b)

F5 Words in reg. 22(1)(a)(iii) substituted (10.7.1989) by The Family Credit and Income Support (General) Amendment Regulations 1989 (S.I. 1989/1034), regs. 1(1)(a), 6(c)

F6 Words in reg. 22(1)(b) substituted (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. 6

F7 1975 c. 14; subsection (1) was amended and subsection (1A) was added by the Social Security Act 1986 (c. 5),section 43.

F8 Words in reg. 22(5) omitted (8.4.1991) by virtue of The Income Support (General) Amendment Regulations 1991 (S.I. 1991/236), regs. 1(1)(b), 8 (with reg. 1(2))

F9 Words in reg. 22(5) inserted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 11(a)

F10 Words in reg. 22(5) inserted (9.10.1989) by The Income Support (General) Amendment No. 2 Regulations 1989 (S.I. 1989/1323), regs. 1(1)(b), 7

F11 Word in reg. 22 substituted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 11(b)

Modifications etc. (not altering text)

C1 Sums in reg. 22(1), 22(2)(a) and 22(2) confirmed (8.4.1991 for specified purposes) by The Social Security Benefits Up-rating Order 1991 (S.I. 1991/503), arts. 1(2)(f), 14(12), Sch. 7

Commencement Information

I1 Reg. 22 in force at 11.4.1988, see reg. 1