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Regulations 17[F1(1)] and 18

SCHEDULE 2E+W+SAPPLICABLE AMOUNTS

Textual Amendments

Regulations 17[F1(1)](a) and (b) and 18(a) (b) and (c)

PART IE+W+Spersonal allowances

1.  The weekly amounts specified in column (2) below in respect of each person or couple specified in column (1) shall be the weekly amounts specified for the purposes of regulations 17[F1(1)](a) and [F218(1)] and (b) (applicable amounts and polygamous marriages).E+W+S

Column (1)Column (2)
Person or CoupleAmount

(1)  Single claimant aged—E+W+S

(a)less than 18;

(a)£19.40;

(b)not less than 18 but less than 25;

(b)£26.05;

(c)not less than 25.

(c)£33.40.

(2) Lone parent aged—

(a)less than 18;

(a)£19.40;

(b)not less than 18.

(b)£33.40.

[F3(3) Couple–

(a)where both members are persons aged less than 18

(a)£38.80; and

(i)at least one of them is treated as responsible for a child; or

(ii)had they not been members of a couple, each would be eligible for income support under regulation 13A (circumstances in which a person aged 16 or 17 is eligible for income support); or

(iii)they are married and each member is either a registered person or a person to whom Part I of Schedule 1A applies; or

(iv)there is a direction under section 20(4A) of the Act (income support to avoid severe hardship) in respect of each member; or

(v)there is a direction under section 20(4A) of the Act in respect of one of them and the other is eligible for income support under regulation 13A;

(b)where both members are aged less than 18 and sub– paragraph (3)(a) above does not apply but one member of the couple–

(b)£19.40.

(i)is eligible for income support under regulation 13A; or

(ii)is the subject of a direction under section 20(4A);

(c)where both members are aged not less than 18;

(c)£51.45.

(d)where one member is aged not less than 18 and the other member is a person under 18 who–

(d)£51.45.

(i)is eligible for income support under regulation 13A; or

(ii)is the subject of a direction under section 20(4A);

(e)where one member is aged not less than 18 but less than 25 and the other member is a person under 18 who–

(e)£26.05.

(i)is not eligible for income support under regulation 13A; or

(ii)is not the subject of a direction under section 20(4A);

(f)where one member is aged not less than 25 and the other member is a person under 18 who–

(f)£33.40.

(i)is not eligible for income support under regulation 13A; and

(ii)is not the subject of a direction under section 20(4A).]

Textual Amendments

Commencement Information

I1Sch. 2 para. 1 in force at 11.4.1988, see reg. 1

2.  The weekly amounts specified in column (2) below in respect of each person specified in column (1) shall be the weekly amounts specified for the purposes of regulations 17[F1(1)](b) and [F418(1)(c)].E+W+S

Column (1)Column (2)
Child or Young PersonAmount
Person aged—

(a)less than 11;

(a)£10.75;

(b)not less than 11 but less than 16;

(b)£16.10;

(c)not less than 16 but less than 18;

(c)£19.40;

(d)not less than 18.

(d)£26.05.

Textual Amendments

Commencement Information

I2Sch. 2 para. 2 in force at 11.4.1988, see reg. 1

Regulations 17[F1(1)](c) and 18(d)

PART IIE+W+Sfamily premium

3.  The weekly amount for the purposes of regulations 17[F1(1)](c) [F5and 18(1)](d) in respect of a family of which at least one member is a child or young person shall be £6.15.E+W+S

Textual Amendments

Commencement Information

I3Sch. 2 para. 3 in force at 11.4.1988, see reg. 1

Regulations 17[F1(1)](d) and 18(e)

PART IIIE+W+Spremiums

4.  Except as provided in paragraph 5, the weekly premiums specified in Part IV of this Schedule shall, for the purposes of regulations 17[F1(1)](d) [F6and 18(1)](e), be applicable to a claimant who satisfies the condition specified in paragraphs 8 to 14 in respect of that premium.E+W+S

Textual Amendments

Commencement Information

I4Sch. 2 para. 4 in force at 11.4.1988, see reg. 1

5.  Subject to paragraph 6, where a claimant satisfies the conditions in respect of more than one premium in this Part of this Schedule, only one premium shall be applicable to him and, if they are different amounts, the higher or highest amount shall apply.E+W+S

Commencement Information

I5Sch. 2 para. 5 in force at 11.4.1988, see reg. 1

6.—(1) The severe disability premium to which paragraph 13 applies may be applicable in addition to either the higher pensioner premium to which paragraph 10 applies or the disability premium to which paragraph 11 applies.E+W+S

(2) The disabled child premium to which paragraph 14 applies may be applicable in addition to any other premium which may apply under this Schedule.

Commencement Information

I6Sch. 2 para. 6 in force at 11.4.1988, see reg. 1

7.  For the purposes of this Part of this Schedule, once a premium is applicable to claimant under this Part, a person shall be treated as being in receipt of any benefit—E+W+S

(a)in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations 1979 F7 applies, for any period during which, apart from the provisions of those Regulations, he would be in receipt of that benefit; and

(b)for any period spent by a person in undertaking a course of training or instruction provided or approved by the [F8Training Commission] under section 2 of the Employment and Training Act 1973 F9.

Textual Amendments

F8Words in Sch. 2 para. 7(b) substituted (28.5.1988) by Employment Act 1988 (1988 c. 19), s. 24(3), 34

F91973 c. 50 as amended by sections 9 and 11 and Schedule 2 Part II paragraph 9 and Schedule 3 of the Employment and Training Act 1981 (c. 57).

Commencement Information

I7Sch. 2 para. 7 in force at 11.4.1988, see reg. 1

Lone Parent PremiumE+W+S

8.  The condition is that the claimant is a member of a family but has no partner.

Commencement Information

I8Sch. 2 para. 8 in force at 11.4.1988, see reg. 1

Pensioner PremiumE+W+S

9.  The condition is that the claimant—

(a)is a single claimant or lone parent aged not less than 60 but less than 80; or

(b)has a partner and is, or his partner is, aged not less than 60 but less than 80.

Commencement Information

I9Sch. 2 para. 9 in force at 11.4.1988, see reg. 1

Higher Pensioner PremiumE+W+S

10.—(1) Where the claimant is a single claimant or a lone parent, the condition is that—

(a)he is aged not less than 80; or

(b)he is aged less than 80 but not less than 60, and

(i)the additional condition specified in paragraph 12(1)(a) [F10or (c)] is satisfied; or

(ii)he was entitled to income support and the disability premium was applicable to him in respect of a benefit week within eight weeks of his 60th birthday and he has, subject to sub-paragraph (3), remained continuously entitled to income support since attaining that age.

(2) Where the claimant has a partner, the condition is that—

(a)he or his partner is aged not less than 80; or

(b)he or his partner is aged less than 80 but not less than 60 and either—

(i)the additional condition specified in paragraph 12(1)(a) [F10or (c)] is satisfied by whichever of them is aged not less than 60; or

(ii)he was entitled to income support and the disability premium was applicable to him in respect of a benefit week within eight weeks of his 60th birthday and he has, subject to sub-paragraph (3), remained continuously entitled to income support since attaining that age.

(3) For the purposes of this paragraph and paragraph 12—

(a)once the higher pensioner premium is applicable to a claimant, if he then ceases, for a period of eight weeks or less, to be entitled to income support, he shall, on becoming re-entitled to income support, thereafter be treated as having been continuously entitled thereto;

(b)in so far as sub-paragraphs (1)(b)(ii) and (2)(b)(ii) are concerned, if a claimant ceases to be entitled to income support for a period not exceeding eight weeks which includes his 60th birthday, he shall, on becoming re-entitled to income support, thereafter be treated as having been continuously entitled thereto.

Textual Amendments

Commencement Information

I10Sch. 2 para. 10 in force at 11.4.1988, see reg. 1

Disability PremiumE+W+S

11.  The condition is that—

(a)where the claimant is a single claimant or a lone parent, he is aged less than 60 and the additional condition specified in paragraph 12 is satisfied; or

(b)where the claimant has a partner, either—

(i)the claimant is aged less than 60 and the additional condition specified in paragraph [F1112(1)(a), (b) or (c)] is satisfied by him; or

(ii)his partner is aged less than 60 and the additional condition specified in paragraph 12(1)(a) [F12or (c)] is satisfied by his partner.

Textual Amendments

F11Words in Sch. 2 para. 11(b)(i) substituted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 29(b)(i)

Commencement Information

I11Sch. 2 para. 11 in force at 11.4.1988, see reg. 1

Additional condition for the Higher Pensioner and Disability PremiumsE+W+S

12.—(1) Subject to sub-paragraph (2) and paragraph 7 the additional condition referred to in paragraphs 10 and 11 is that either—

(a)the claimant or, as the case may be, his partner—

(i)is in receipt of one or more of the following benefits: attendance allowance, mobility allowance, mobility supplement, invalidity pension under section 15 of the Social Security Act F13, or severe disablement allowance under section 36 of that Act F14 [F15but, in the case of invalidity pension or severe disablement allowance only where it is paid in respect of him]; or

(ii)is provided by the Secretary of State with an invalid carriage or other vehicle under section 5(2) of the National Health Service Act 1977 F16 (other services) or, in Scotland, under section 46 of the National Health Service (Scotland) Act 1978 F17 (provision of vehicles) or receives payments by way of grant from the Secretary of State under paragraph 2 of Schedule 2 to that 1977 Act (additional provisions as to vehicles) or, in Scotland, under that section 46; or

(iii)is registered as blind in a register compiled by a local authority under section 29 of the National Assistance Act 1948 F18 (welfare services) or, in Scotland, has been certified as blind and in consequence he is registered as blind in a register maintained by or on behalf of a regional or islands council; or

(b)the claimant is and has, in respect of [F19a continuous period] of not less than 28 weeks, been treated as having been incapable of work for the purposes of one or more of the provisions of the Social Security Act or Part I of the Social Security and Housing Benefits Act 1982 F20 or, if he was in Northern Ireland for the whole or part of that period, was treated as having been incapable of work for the purposes of one or more of the comparable Northern Irish provisions; or

(c)the claimant or, as the case may be, his partner was in receipt of either—

(i)mobility allowance or invalidity pension under section 15 of the Social Security Act when entitlement to that benefit ceased solely on account of the maximum age for its payment being reached and the claimant has since remained continuously entitled to income support and, if the mobility allowance or invalidity pension was payable to his partner, the partner is still alive; or

(ii)except where paragraph 1(a), (b), (c)(ii) or (d)(ii) of Schedule 7 (patients) applies, attendance allowance which is no longer in payment solely on account of the claimant or, as the case may be, his partner having undergone or having been treated as undergoing treatment for a period of more than four weeks by virtue of regulation 5 of the Social Security (Attendance Allowance) (No. 2) Regulations 1975 F21

and, in either case, the higher pensioner premium or disability premium has been applicable to the claimant or his partner.

(2) For the purposes of sub-paragraph (1)(a)(iii), a person who has ceased to be registered as blind on regaining his eyesight shall nevertheless be treated as blind and as satisfying the additional condition set out in that sub-paragraph for a period of 28 weeks following the date on which he ceased to be so registered.

(3) For the purposes of sub-paragraph (1)(b), once the disability premium is applicable to a claimant by virtue of his satisfying the condition specified in that provision, if he then ceases, for a period of eight weeks or less, to be treated as incapable of work for the purposes of the provisions specified in that provision he shall, on again becoming so incapable of work, immediately thereafter be treated as satisfying the condition in sub-paragraph (1)(b).

(4) For the purpose of sub-paragraph (1)(c), once the higher pensioner premium is applicable to the claimant by virtue of his satisfying the condition specified in that provision, if he then ceases, for a period of eight weeks or less, to be entitled to income support, he shall on again becoming so entitled to income support, immediately thereafter be treated as satisfying the condition in sub-paragraph (1)(c).

Textual Amendments

F14Section 36 was substituted by the Health and Social Security Act 1984 (c. 48), section 11; and subsection (4A) of that section inserted by the Social Security Act 1985 (c. 53), Schedule 4, paragraph 3.

F15Words in Sch. 2 para. 12(1)(a)(i) inserted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 29(c)(i)

F161977 c. 49; section 5(2) amended and subsection (2A) added by section 1 of the Public Health Laboratory Service Act 1979 (c. 23) and subsection (2B) added by section 9 of the Health and Social Security Act 1984 (c. 48).

F181948 c. 29; section 29 was amended by section 1(2) of the National Assistance (Amendment) Act 1959 (c. 30); the Mental Health (Scotland) Act 1960 (c. 61) sections 113 and 114 and Schedule 4; the Local Government Act 1972 (c. 70) Schedule 23 paragraph 2; the Employment and Training Act 1973 (c. 50) Schedule 3 paragraph 3; the National Health Service Act 1977 (c. 49) Schedule 15 paragraph 6; and the Health and Social Services and Social Security Adjudications Act 1983 (c. 41) Schedule 10 Part I.

F19Words in Sch. 2 para. 12(1)(b) substituted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 29(c)(ii)

F21S.I. 1975/548; the relevant amending instrument is S.I.1983/1015.

Commencement Information

I12Sch. 2 para. 12 in force at 11.4.1988, see reg. 1

Severe Disability PremiumE+W+S

13.—(1) The condition is that the claimant is a severely disabled person.

(2) For the purposes of sub-paragraph (1), a claimant shall be treated as being a severely disabled person if, and only if—

(a)in the case of a single claimant or a lone parent—

(i)he is in receipt of attendance allowance, and

(ii)subject to sub-paragraph (3), he has no non-dependants aged 18 or over residing with him, and

(iii)no-one is in receipt of an invalid care allowance under section 37 of the Social Security Act F22 in respect of caring for him;

(b)if he has a partner—

(i)he is in receipt of attendance allowance; and

(ii)his partner is also in receipt of such an allowance or, if he is a member of a polygamous marriage, all the partners of that marriage are in receipt thereof; and

(iii)subject to sub-paragraph (3), he has no non-dependants aged 18 or over residing with him,

and, either there is someone in receipt of an invalid care allowance in respect of caring for only one of the couple or, in the case of a polygamous marriage, for one or more but not all the partners of the marriage, or, as the case maybe, there is no one in receipt of such an allowance in respect of caring for either member of the couple or any partner of the polygamous marriage.

(3) For the purposes of sub-paragraph (2)(a)(ii) and (2)(b)(iii) no account shall be taken of—

(a)a person receiving attendance allowance; or

(b)a person to whom regulation 3(3) (non-dependants) applies; or

(c)subject to sub-paragraph (4), a person who joins the claimant's household for the first time in order to care for the claimant or his partner and immediately before so joining the claimant or his partner was treated as a severely disabled person.

[F23(3A) For the purposes of sub-paragraph (2)(b) a person shall be treated as being in receipt of—

(a)attendance allowance if he would, but for his being a patient for a period exceeding 28 days, be so in receipt;

(b)invalid care allowance if he would, but for the person for whom he was caring being a patient in hospital for a period exceeding 28 days, be so in receipt.]

(4) Sub-paragraph (3)(c) shall apply only for the first 12 weeks following the date on which the person to whom that provision applies first joins the claimant's household.

Textual Amendments

Commencement Information

I13Sch. 2 para. 13 in force at 11.4.1988, see reg. 1

Disabled Child PremiumE+W+S

14.  The condition is that a child or young person for whom the claimant or a partner of his is responsible and who is a member of the claimant's household—

(a)has no capital or capital which, if calculated in accordance with Part V in like manner as for the claimant, except where otherwise provided, would not exceed £3,000; and

(b)is in receipt of attendance allowance or mobility allowance or both or is no longer in receipt of that allowance because he is a patient provided that the child or young person continues to be a member of the family; or

(c)is blind or treated as blind within the meaning of paragraph 12(1)(a)(iii) and (2).

Commencement Information

I14Sch. 2 para. 14 in force at 11.4.1988, see reg. 1

[F24Persons in receipt of concessionary paymentsE+W+S

14A.  For the purpose of determining whether a premium is applicable to a person under paragraphs 12 to 14, any concessionary payment made to compensate that person for the non-payment of any benefit mentioned in those paragraphs shall be treated as if it were a payment of that benefit.]

Textual Amendments

PART IVE+W+Sweekly amounts of premiums specified in part iii

Commencement Information

I15Sch. 2 Pt. IV in force at 11.4.1988, see reg. 1

PremiumAmount

15.—(1) Lone parent premium.

(1) £3.70.

(2) Pensioner premium—

(a)where the claimant satisfies the condition in paragraph 9(a);

(2) (a) £10.65;

(b)where the claimant satisfies the condition in paragraph 9(b).

(b)£16.25.

(3) Higher Pensioner Premium—

(a)where the claimant satisfies the condition in paragraph 10(1)(a) or (b);

(3) (a) £13.05;

(b)where the claimant satisfies the condition in paragraph 10(2)(a) or (b);

(b)£18.60.

(4) Disability Premium—

(a)where the claimant satisfies the condition in paragraph 11(a);

(4) (a) £13.05;

(b)where the claimant satisfies the condition in paragraph 11(b).

(b)£18.60.

(5) Severe Disability Premium—

(a)where the claimant satisfies the condition in paragraph 13(2)(a);

(5) (a) £24.75;

(b)where the claimant satisfies the condition in paragraph 13(2)(b)—

(i)if there is someone in receipt of an invalid care allowance [F25or if he or any partner satisfies that condition only by virtue of paragraph 13(3A)];

(b)(i)£24.75.

(ii)if no-one is in receipt of such an allowance.

(ii)£49.50.

(6) Disabled Child Premium.

(6) £6.15 in respect of each child or young person in respect of whom the condition specified in paragraph 14 is satisfied.

Textual Amendments

PART VE+W+Srounding of fractions

16.  Where income support is awarded for a period which is not a complete benefit week and the applicable amount in respect of that period results in an amount which includes a fraction of a penny that fraction shall be treated as a penny.E+W+S

Commencement Information

I16Sch. 2 para. 16 in force at 11.4.1988, see reg. 1