The Income Support (General) Regulations 1987

Changes over time for: Section 71

Version Superseded: 06/10/2003

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Point in time view as at 01/09/2003. This version of this provision has been superseded.

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Applicable amounts in urgent casesE+W+S

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

(a)F1except in a case to which [F2sub-paragraph ... (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); [F3and where regulation 22A (reduction in applicable amount where the claimant is appealing against a decision [F4which 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, [F5except 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 [F6Part II or III of Schedule 2 (premiums)]; and

(iv)any amounts applicable under [F7regulation 17(1)(e) or, as the case may be, 18(1)(f) (housing costs)]; [F8and

(v)the amount of the protected sum which may be applicable to him determined in accordance with Schedule 3A][F9or, as the case may be, 3B];

[F10(vi)the amount, if applicable, specified in paragraph 2A of Schedule 2;]

F11(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)where the claimant is resident in residential accommodation, his weekly applicable amount shall [F12, subject to paragraph (1A),] be the aggregate of—

(i)[F1398 per cent] of the amount F14... 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, [F5except as provided in regulation 44(1) (modifications in respect of children and young person)], would exceed £3,000;

F15(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F16(d)F1except where sub-paragraph ... (c) applies, in the case of a person to whom any paragraph, other than [F17paragraph 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, [F5except as provided in regulation 44(1) (modifications in respect of children and young person)], would exceed £3,000;

(ii)any premium under [F18Part 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)]][F20and

(iv)the amount of the protected sum which may be applicable to him determined in accordance with Schedule 3A][F21or, as the case may be, 3B].

[F22(1A) Paragraph (1)(c) shall only apply where the claimant was resident in residential accommodation on 7th April 2002 and shall only continue to apply to that claimant after that date for so long as he continues to be resident in such accommodation.]

[F23(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.]

[F24(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 omitted (8.4.2002) by S.I. 2001/3767, Sch. Pt. 1 para. 12(za)(bb) (as inserted by The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2002 (S.I. 2002/398), regs. 1, 4(2)(a))

F2Words 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)

F3Words 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)

F4Words 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

F5Words 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

F6Words 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)

F7Words 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)

F8Reg. 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)

F9Words 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

F10Reg. 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)

F11Reg. 71(1)(b) omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), Sch. Pt. I para. 12(a)