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71.—(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); [F2and where regulation 22A (reduction in applicable amount where the claimant is appealing against a decision [F3which embodies a determination] that he is not incapable of work) 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 20 per cent;]
(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, [F4except 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 [F5Part II or III of Schedule 2 (premiums)]; and
(iv)any amounts applicable under [F6regulation 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 3A][F8or, as the case may be, 3B];
[F9(vi)the amount, if applicable, specified in paragraph 2A of Schedule 2;]
(b)where the claimant is a resident in F10... F11... a residential care home or a nursing home [F12and 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) F13... 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; [F14and where regulation 22A (reduction in applicable amount where the claimant is appealing against a decision [F3which embodies a determination] that he is not incapable of work) applies, the reference in this head to 90 per cent. of the amount shall be construed as a reference to 90 per cent. of the relevant amount under that regulation reduced by 20 per cent;]
(ii)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, [F4except 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 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, [F4except 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)[F1798 per cent] of the amount F18... 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, [F4except as provided in regulation 44(1) (modifications in respect of children and young person)], would exceed £3,000;
F19(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F20(d)except where sub-paragraph (b) or (c) applies, in the case of a person to whom any paragraph, other than [F21paragraph 16A], 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, [F4except as provided in regulation 44(1) (modifications in respect of children and young person)], would exceed £3,000;
(ii)any premium under [F22Part II or III of Schedule 2]; and
[F23(iii)any amounts applicable under regulation 17(1)(e) or, as the case may be, 18(1)(f)]][F24and
(iv)the amount of the protected sum which may be applicable to him determined in accordance with Schedule 3A][F25or, as the case may be, 3B].
[F26(2) In a case to which paragraph 1 of Part I of the Schedule to the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 applies, the period for which a claimant’s weekly applicable amount is to be calculated in accordance with paragraph (1) shall be any period, or the aggregrate of any periods, not exceeding 42 days during any one period of leave to which that paragraph of that Part of the Schedule to those Regulations applies.]
[F27(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
F1Words 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)
F2Words in reg. 71(1)(a)(i) 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), 18(2)
F3Words in reg. 71(1) inserted (6.9.1999) by The Social Security Act 1998 (Commencement No. 9, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/2422), art. 3(1), Sch. 6 para. 2
F4Words 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
F5Words 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)
F6Words 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)
F7Reg. 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)
F8Words 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
F9Reg. 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)
F10Words 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)
F11Words 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
F12Words 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)
F13Words 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)
F14Words in reg. 71(1)(b)(i) 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), 18(3)
F15Words 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)
F16Words 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)
F17Words 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)
F18Words 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)
F19Words 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)
F20Reg. 71(1)(d) added (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 25(b)
F21Words in reg. 71(1)(d) substituted (3.4.2000) by The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (S.I. 2000/636), regs. 1(1), 3(8)(a)
F22Words 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)
F23Reg. 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)
F24Reg. 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)
F25Words 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
F26Reg. 71(2) substituted (coming into force in accordance with reg. 1(3) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2001 (S.I. 2001/859), regs. 1(3), 3(3)
F27Reg. 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)
C1Reg. 71(1)(a)(i) sum confirmed (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating (No. 2) Order 2000 2001 (S.I. 2001/207), arts. 1(2)(g), 16(9), Sch. 6
C2Reg. 71(1)(a)(ii) sum confirmed (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating (No. 2) Order 2000 2001 (S.I. 2001/207), arts. 1(2)(g), 16(2)
C3Reg. 71(1)(b)(i) sum confirmed (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating (No. 2) Order 2000 2001 (S.I. 2001/207), arts. 1(2)(g), 16(9), Sch. 6
C4Reg. 71(1)(b)(ii) sum confirmed (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating (No. 2) Order 2000 2001 (S.I. 2001/207), arts. 1(2)(g), 16(2)
C5Reg. 71(1)(b)(iii) sum confirmed (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating (No. 2) Order 2000 2001 (S.I. 2001/207), arts. 1(2)(g), 16(2)
C6Reg. 71(1)(c)(i) sum confirmed (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating (No. 2) Order 2000 2001 (S.I. 2001/207), arts. 1(2)(g), 16(9), Sch. 6
C7Reg. 71(1)(c)(ii) sum confirmed (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating (No. 2) Order 2000 2001 (S.I. 2001/207), arts. 1(2)(g), 16(2)
C8Reg. 71(1)(d) sum confirmed (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating (No. 2) Order 2000 2001 (S.I. 2001/207), arts. 1(2)(g), 16(9), Sch. 6
C9Reg. 71(1)(d)(i) sum confirmed (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating (No. 2) Order 2000 2001 (S.I. 2001/207), arts. 1(2)(g), 16(2)
Commencement Information
I1Reg. 71 in force at 11.4.1988, see reg. 1
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