The Income Support (General) Regulations 1987

Applicable amounts in urgent cases E+W+S

71.—(1) For the purposes of calculating any entitlement to income support under this Part—

(a) except in a case to which [F1 sub-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;

(ii) 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, [F2 except as provided in regulation 44(1) (modifications in respect of children and young person)], would exceed £3,000;

(iii) the amount, if applicable, specified in [F3 Part II or III of Schedule 2 (premiums)]; and

(iv) any amounts applicable under [F4 regulation 17(1)(e) or, as the case may be, 18(1)(f) (housing costs)]; [F5 and

(v) the amount of the protected sum which may be applicable to him determined in accordance with Schedule 3A][F6 or, as the case may be, 3B];

[F7 (vi) the amount, if applicable, specified in paragraph 2A of Schedule 2;]

(b) F8 F9 where the claimant is a resident in ... ... a residential care home or a nursing home [F10 and has a preserved right], 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) F11 ... 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;

(ii) the amount applicable under paragraph 13 (b) to (e) of Schedule 4 F12 ... 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, [F2 except as provided in regulation 44(1) (modifications in respect of children and young person)], would exceed £3,000;

(iii) the amount in respect of the weekly charge for his accommodation calculated in accordance with regulation 19 and Schedule 4 F13 ... 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, [F2 except as provided in regulation 44(1) (modifications in respect of children and young person)], would exceed £3,000.

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

(i) [F14 98 per cent] of the amount F15 ... referred to in column (2) of paragraph 13 (a) to (c) and (e) of Schedule 7 (applicable amounts in special cases) applicable to him;

(ii) 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, [F2 except as provided in regulation 44(1) (modifications in respect of children and young person)], would exceed £3,000;

F16 (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F17 (d) 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—

(i) 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, [F2 except as provided in regulation 44(1) (modifications in respect of children and young person)], would exceed £3,000;

(ii) any premium under [F18 Part II or III of Schedule 2]; and

[F19 (iii) any amounts applicable under regulation 17(1)(e) or, as the case may be, 18(1)(f)]][F20 and

(iv) the amount of the protected sum which may be applicable to him determined in accordance with Schedule 3A][F21 or, 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,

[F22 (3) 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.]

Textual Amendments

F1 Words in reg. 71(1)(a) substituted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 25(a)

F2 Words in reg. 71(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), 6

F3 Words in reg. 71(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), 9(a)

F4 Words in reg. 71(1)(a)(iv) substituted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 15(a)

F5 Reg. 71(1)(a)(v) and word inserted (10.4.1989) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), reg. 1(1)(c), Sch. 1 para. 13(a) (with reg. 28)

F6 Words in reg. 71(1)(a)(v) added (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. 17

F7 Reg. 71(1)(a)(vi) added (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), 17(2)

F8 Words in reg. 71(1)(b) omitted (10.4.1989) by virtue of The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), reg. 1(1)(c), Sch. 1 para. 5 (with reg. 28)

F9 Words in reg. 71(1)(b) omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 8

F10 Words in reg. 71(1)(b) inserted (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), 17(3)

F11 Words in reg. 71(1)(b)(i) omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 8(i)

F12 Words in reg. 71(1)(b)(ii) omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 8(ii)

F13 Words in reg. 71(1)(b)(iii) omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 8(iii)

F14 Words in reg. 71(1)(c) substituted (1.4.1993) by The Social Security Benefits (Amendments Consequential Upon the Introduction of Community Care) Regulations 1992 (S.I. 1992/3147), reg. 1(1), Sch. 1 para. 4(a)

F15 Words in reg. 71(1)(c)(i) omitted (with effect in accordance with reg. 1(2) of the amending S.I.) by virtue of The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 4) Regulations 1993 (S.I. 1993/2119), regs. 1(1)(a), 17(4)

F16 Words in reg. 71(1)(c) omitted (1.4.1993) by virtue of The Social Security Benefits (Amendments Consequential Upon the Introduction of Community Care) Regulations 1992 (S.I. 1992/3147), reg. 1(1), Sch. 1 para. 4(b)

F17 Reg. 71(1)(d) added (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 25(b)

F18 Words in reg. 71(1)(d)(ii) substituted (10.7.1989) by The Family Credit and Income Support (General) Amendment Regulations 1989 (S.I. 1989/1034), regs. 1(1)(a), 9(b)

F19 Reg. 71(1)(d)(iii) substituted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 15(b)

F20 Reg. 71(1)(d)(iv) and word inserted (10.4.1989) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), reg. 1(1)(c), Sch. 1 para. 13(b) (with reg. 28)

F21 Words in reg. 71(1)(d)(iv) added (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. 17

F22 Reg. 71(3) added (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 25(c)

Modifications etc. (not altering text)

C1 Reg. 71(1)(a)(i) sum confirmed (coming into force in accordance with art. 1(2)(f) of the amending S.I.) by The Social Security Benefits Up-rating Order 1994 (S.I. 1994/542), art. 16(12), Sch. 8

C2 Reg. 71(1)(a)(ii) sum confirmed (coming into force in accordance with art. 1(2)(f) of the amending S.I.) by The Social Security Benefits Up-rating Order 1994 (S.I. 1994/542), art. 16(2)

C3 Reg. 71(1)(b)(i) sum confirmed (coming into force in accordance with art. 1(2)(f) of the amending S.I.) by The Social Security Benefits Up-rating Order 1994 (S.I. 1994/542), art. 16(12), Sch. 8

C4 Reg. 71(1)(b)(ii)(iii) sum confirmed (coming into force in accordance with art. 1(2)(f) of the amending S.I.) by The Social Security Benefits Up-rating Order 1994 (S.I. 1994/542), art. 16(2)

C5 Reg. 71(1)(c)(i) sum confirmed (coming into force in accordance with art. 1(2)(f) of the amending S.I.) by The Social Security Benefits Up-rating Order 1994 (S.I. 1994/542), art. 16(12), Sch. 8

C6 Reg. 71(1)(c)(ii) sum confirmed (coming into force in accordance with art. 1(2)(f) of the amending S.I.) by The Social Security Benefits Up-rating Order 1994 (S.I. 1994/542), art. 16(2)

C7 Reg. 71(1)(d) sum confirmed (coming into force in accordance with art. 1(2)(f) of the amending S.I.) by The Social Security Benefits Up-rating Order 1994 (S.I. 1994/542), art. 16(12), Sch. 8

C8 Reg. 71(1)(d)(i) sum confirmed (coming into force in accordance with art. 1(2)(f) of the amending S.I.) by The Social Security Benefits Up-rating Order 1994 (S.I. 1994/542), art. 16(2)

Commencement Information

I1 Reg. 71 in force at 11.4.1988, see reg. 1