PART VIURGENT CASES

Applicable amounts in urgent casesI171

1

For the purposes of calculating any entitlement to income support under this Part—

a

except in a case to which F1sub-paragraph (b), (c) or (d), applies, a claimant' weekly applicable amount shall be the aggregate of—

i

90 per cent of the amount applicable in respect of himself or, if he is a member of a couple or of a polygamous marriage, of the amount applicable in respect of both of them under paragraph 1 (1), (2) or (3) of Schedule 2 or, as the case may be, the amount applicable in respect of them under regulation 18 (polygamous marriages); and where regulation 22 (reduction in applicable amounts in certain cases of actual or notional unemployment benefit disqualification) applies, the reference in this head to 90 per cent of the amount applicable shall be construed as a reference to 90 per cent of the relevant amount under that regulation reduced by the percentage specified in paragraph (1) or (2), as the case may be, of that regulation;

C1ii

the amount applicable under paragraph 2 of Schedule 2 in respect of any child or young person who is a member of his family 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;

iii

the amount, if applicable, specified in F9Part II or III of Schedule 2 (premiums); and

iv

any amounts applicable under F4regulation 17(1)(e) or, as the case may be, 18(1)(f) (housing costs); F7and

v

the amount of the protected sum which may be applicable to him determined in accordance with Schedule 3AF11or, as the case may be, 3B;

b

where the claimant is a resident in F6... F13... a residential care home or a nursing home, his weekly applicable amount shall be the aggregate of—

i

90 per cent of the amount of the allowance for personal expenses prescribed in paragraph 13 (a) of Schedule 4 (applicable amounts of persons in residential care and nursing homes) F14... or, if he is a member of a couple or of a polygamous marriage, of the amount applicable in respect of both or all of them; and where regulation 22 (reduction in applicable amounts in certain cases of actual or notional unemployment benefit disqualification) applies, the reference in this head to 90 per cent of the amount so reduced shall be construed as a reference to 90 per cent of the relevant amount under that regulation reduced by the percentage specified in paragraph (1) or (2), as the case may be, of that regulation;

C2ii

the amount applicable under paragraph 13 (b) to (e) of Schedule 4 F15... in respect of any child or young person who is a member of his family 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;

C2iii

the amount in respect of the weekly charge for his accommodation calculated in accordance with regulation 19 and Schedule 4 F16... except any amount in respect of a child or young person who is a member of the family and whose capital, if calculated in accordance with Part V in like manner as for the claimant, except where otherwise provided, would exceed £3,000.

c

where the claimant is resident in residential accommodation, his weekly applicable amount shall be the aggregate of—

i

90 per cent of the amount in respect of personal expenses as is referred to in column (2) of paragraph 13 (a) to (c) and (e) of Schedule 7 (applicable amounts in special cases) applicable to him;

C3ii

the amount applicable under column (2) of paragraph 13 (d) of Schedule 7, in respect of any child or young person who is a member of his family 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;

iii

the amount, being 80 per cent of the sum referred to in column (2) of paragraph 13 (a) to (c) and (e) of Schedule 7 (applicable amounts in special cases), in respect of the cost of the residential accommodation.

F2d

except where sub-paragraph (b) or (c) applies, in the case of a person to whom any paragraph, other than paragraph 17, in column (1) of Schedule 7 (special cases) applies, the amount shall be 90% of the amount applicable in column 2 of that Schedule in respect of the claimant and partner (if any), plus, if applicable—

C4i

any amount in respect of a child or young person who is a member of the family 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;

ii

any premium under F10Part II or III of Schedule 2; and

F5iii

any amounts applicable under regulation 17(1)(e) or, as the case may be, 18(1)(f)F8and

iv

the amount of the protected sum which may be applicable to him determined in accordance with Schedule 3AF12or, as the case may be, 3B.

2

The period for which a claimant' weekly applicable amount is to be calculated in accordance with paragraph (1) where paragraph (3) of regulation 70 (urgent cases) applies shall be—

a

in a case to which sub-paragraph (a) of paragraph (3) of that regulation applies, any period, or the aggregate of any periods, not exceeding 42 days during any one period of leave to which that regulation applies;

b

in a case to which sub-paragraph (b) of paragraph (3) of that regulation applies—

i

the period ending not later than the date on which that determination is sent to the claimant; or

ii

if he has a right to appeal against the determination under Part II of the 1971 Act, the period ending not later than 28 days after the date on which that determination is sent to him;

c

in a case to which sub-paragraph (c) of paragraph (3) of that regulation applies, the period ending not later than the end of the period for which that appeal is treated as pending under section 33 (4) of the 1971 Act;

d

in a case to which sub-paragraph (d) of paragraph (3) of that regulation applies, the period ending not later than—

i

where the application referred to in that regulation is successful, the date on which that determination is sent to the claimant; or

ii

where that application is refused, the date on which he is removed from the United Kingdom;

e

in any case to which sub-paragraph (e), (f), (g), (h) or (j) of paragraph (3) of that regulation applies, the period ending not later than—

i

the date on which the claimant is removed from the United Kingdom; or

ii

where given leave (within the meaning of section33 of the 1971 Act) to remain in the United Kingdom, or otherwise permitted in writing by the Secretary of State to remain in the United Kingdom, the date on which that leave was given;

f

in a case to which sub-paragraph (i) of paragraph (3) of that regulation applies, the period ending not later than the date on which—

i

leave (within the meaning of section 33 of the 1971 Act) is granted; or

ii

he is removed from the United Kingdom; or

iii

his immigration status is determined by the Secretary of State,

F33

Where the calculation of a claimant’s applicable amount under this regulation results in a fraction of a penny that fraction shall be treated as a penny.