SCHEDULE 2APPLICABLE AMOUNTS

Regulations 17F13(1) and 18

Annotations:
Amendments (Textual)

PART Ipersonal allowances

Regulations 17F13(1)(a) and (b) and 18(a) (b) and (c)

I11

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 17F13(1)(a) and F1418(1)(a) and (b) (applicable amounts and polygamous marriages).

Column (1)

Column (2)

Person or Couple

Amount

F301

Single claimant aged–

a

except where head (b) or (c) of this sub-paragraph applies, less than 18;

a

F82£28.85;

b

less than 18 who falls within any of the circumstances specified in Part II of Schedule 1A or who, had he been a registered person, would fall within any of those circumstances, and who–

i

is eligible for income support under regulation 13A; or

ii

is the subject of a direction under section F64125(1) of the Contributions and Benefits Act;

b

F82£37.90;

c

less than 18 who satisfies the condition in paragraph 11(a);

c

F82£37.90;

d

not less than 18 but less than 25;

d

F82£37.90;

e

not less than 25.

e

F82£47.90;

2

Lone parent aged—

a

except where head (b) or (c) of this sub-paragraph applies, less than 18;

a

F82£28.85;

b

less than 18 who falls within any of the circumstances specified in Part II of Schedule 1A or who, had he been a registered person, would fall within any of those circumstances and who–

i

is eligible for income support under regulation 13A; or

ii

is the subject of a direction under section F64125(1) of the Contributions and Benefits Act;

b

F82£37.90;

c

less than 18 who satisfies the condition in paragraph 11(a);

c

F82£37.90;

d

not less than 18.

d

F82£47.90;

F153

Couple–

a

where both members are persons aged less than 18

a

F82£57.20;

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 F65125(1) of the Contributions and Benefits Act (income support to avoid severe hardship) in respect of each member; or

v

there is a direction under section F65125(1) of the Contributions and Benefits Act in respect of one of them and the other is eligible for income support under regulation 13A;

F20aa

where both members are aged less than 18 and sub-paragraph (3)(a) does not apply but one member of the couple F22falls within any of the circumstances specified in Part II of Schedule 1A or who, had he been a registered person, would fall within any of those circumstances and that member–

i

is eligible for income support under regulation 13A; or

ii

is the subject of a direction under section F65125(1) of the Contributions and Benefits Act.

aa

F82£37.90;

b

where both members are aged less than 18 and sub–paragraph (3)(a) F19or (aa) above does not apply but one member of the couple–

b

F82£28.85;

i

is eligible for income support under regulation 13A; or

ii

is the subject of a direction under section F66125(1);

c

where both members are aged not less than 18;

c

F82£75.20;

d

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

d

F82£75.20;

i

is eligible for income support under regulation 13A; or

ii

is the subject of a direction under section F66125(1);

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

F82£37.90;

i

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

ii

is not the subject of a direction under section F66125(1);

f

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

f

F82£47.90;

i

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

ii

is not the subject of a direction under section F66125(1).

I2F392

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(1)(b) and 18(1)(c).

Column (1)

Column (2)

Child or Young Person

Amount

Person aged—

a

less than 11;

a

F82£16.45;

b

not less than 11 but less than 16;

b

F82£24.10;

c

not less than 16 but less than 18;

c

F82£28.85;

d

not less than 18.

d

F82£37.90;

F532A

1

The weekly amount for the purposes of regulation 17(1)(bb) and 18(1)(cc) (residential allowance) in respect of a person who satisfies the conditions specified in sub-paragraph (2) shall be—

a

except in a case to which head (b) applies, F84£54.00; and

b

where the home in which the person resides is situated within the area described in Schedule 3C (the Greater London area), F84£60.00.

2

Subject to sub-paragraphs F58(3), (4) and (4A), the conditions are—

a

the person resides in a residential care home or a nursing home F59or is regarded pursuant to sub-paragraph (4A) as residing in such a home;

F54aa

the person both requires personal care and is provided with it in the home and for this purpose “personal care” means care which includes assistance with bodily functions where such assistance is required;

b

he does not have a preserved right;

c

he is aged 16 or over;

d

both the person’s accommodation and such meals (if any) as are provided for him are provided on a commercial basis; and

e

no part of the weekly charge for accommodation is met by housing benefit.

3

For the purposes of sub-paragraph (2), but subject to sub-paragraph (4), a person resides in a residential care home where the home in which he resides—

a

is registered under Part I of the Registered Homes Act 1984 or is deemed to be so registered by virtue of section 2(3) of the Registered Homes (Amendment) Act 1991 (registration of small homes where application for registration not determined);

b

is managed or provided by a body incorporated by Royal Charter or constituted by Act of Parliament (other than a social services authority) and provides both board and personal care for the claimant; or

c

is in Scotland and is registered under section 61 of the Social Work (Scotland) Act 1968 or is an establishment provided by a housing association registered with Scottish Homes established by the Housing (Scotland) Act 1988 which provides care equivalent to that given in residential accommodation provided under Part IV of the Social Work (Scotland) Act 1968;

and a person resides in a nursing home where the home in which he resides is such a home for the purposes of regulation 19.

4

A person shall not be regarded as residing in a nursing home for the purposes of sub-paragraph (2) where the home in which he resides is a hospice, and for this purpose “hospice” means a nursing home which—

a

if situate in England or Wales, is registered under Part II of the Registered Homes Act 1984, or

b

if situate in Scotland, is exempted from the operation of the Nursing Homes Registration (Scotland) Act 1938 by virtue of section 6 of that Act,

F61and whose primary function is to provide palliative care for persons resident there who are suffering from a progressive disease in its final stages.

F604A

For the purposes of sub-paragraph (2)(a), where a person’s principal place of residence is a residential care home or nursing home, and he is temporarily absent from that home, he shall be regarded as continuing to reside in that home–

a

where he is absent because he is a patient, for the first six weeks of any such period of absence, and for this purpose–

i

“patient” has the meaning it has in Schedule 7 by virtue of regulation 21(3), and

ii

periods of absence separated by not more than 28 days shall be treated as a single period of absence equal in duration to all those periods; and

b

for the first three weeks of any other period of absence.

5

Where—

a

a person has been registered under the Registered Homes Act 1984 in respect of premises which have been carried on as a residential care home or, as the case may be, a nursing home, and that person has ceased to carry on such a home; and

b

an application for registration under that Act has been made by another person and that application has not been determined or abandoned,

then any question arising for determination under this paragraph shall be determined as if the most recent registration under that Act in respect of those premises continued until the day on which the application is determined or abandoned.

PART IIfamily premium

Regulations 17F13(1)(c) and 18(d)

I33

The weekly amount for the purposes of regulations 17F13(1)(c) F16and 18(1)(d) in respect of a family of which at least one member is a child or young person shall be F81£10.55.

PART IIIpremiums

Regulations 17F13(1)(d) and 18(e)

I44

Except as provided in paragraph 5, the weekly premiums specified in Part IV of this Schedule shall, for the purposes of regulations 17F13(1)(d) F17and 18(1)(e), be applicable to a claimant who satisfies the condition specified in paragraphs F328 to 14ZA in respect of that premium.

I55

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.

Annotations:
Commencement Information
I5

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

I66

1

The severe disability premium to which paragraph 13 applies may be applicable in addition to F23any other premium which may apply under this Schedule.

2

F33The disabled child premium and the carer premium to which paragraphs 14 and 14ZA respectively apply may be applicable in addition to any other premium which may apply under this Schedule.

I77

F341

F35Subject to sub-paragraph (2) 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—

a

in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations 1979 F1 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 F80Secretary of State for Education and Employment under section 2 of the Employment and Training Act 1973 F2F37or by Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990,F24or for any period during which he is in receipt of a training allowance.

F362

For the purposes of the carer premium under paragraph 14ZA, a person shall be treated as being in receipt of invalid care allowance by virtue of sub-paragraph (1)(a) only if and for so long as the person in respect of whose care the allowance has been claimed remains in receipt of attendance allowance F43, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act..

Lone Parent PremiumI88

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

Annotations:
Commencement Information
I8

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

F21Pensioner premium for persons under 75I99

The condition is that the claimant–

a

is a single claimant or lone parent aged not less than 60 but less than 75; or

b

has a partner and is, or his partner is, aged not less than 60 but less than 75.

Pensioner premium for persons 75 and over9A

The condition is that the claimant–

a

is a single claimant or lone parent aged not less than 75 but less than 80; or

b

has a partner and is, or his partner is, aged not less than 75 but less than 80.

Higher Pensioner PremiumI1010

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) F7or (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) F7or (c) is satisfiedF42...; 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.

Disability PremiumI1111

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 F812(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) F9or (c) is satisfied by his partner.

Additional condition for the Higher Pensioner and Disability PremiumsI1212

C31

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, F44disability living allowance, disability working allowance, mobility supplement, F75long-term incapacity benefit under F67Part II of the Contributions and Benefits Act or severe disablement allowance under Part III of that ActF10but, in the case of F75long-term incapacity benefit 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 F3 (other services) or, in Scotland, under section 46 of the National Health Service (Scotland) Act 1978 F4 (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 F5 (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

F74b

the claimant—

i

is entitled to statutory sick pay or F78is, or is treated as, incapable of work, in accordance with the provisions of Part XIIA of the Contributions and Benefits Act and the regulations made thereunder (incapacity for work), and

ii

has been so entitled or so incapableF79, or has been treated as so incapable, for a continuous period of not less than—

aa

196 days in the case of a claimant who is terminally ill within the meaning of section 30B(4) of the Contributions and Benefits Act; or

bb

364 days in any other case;

and for these purposes any two or more periods of entitlement or incapacity separated by a break of not more than 56 days shall be treated as one continuous period; or; and

c

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

F45i

F76long-term incapacity benefit under F68Part II of the Contributions and Benefits Act when entitlement to that benefit ceased on account of the payment of a retirement pension under F68that Act and the claimant has since remained continuously entitled to income support and, if the F76long-term incapacity benefit 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 F46or disability living allowance but payment of benefit has been suspended in accordance with regulations made under F72section 113(2) of the Contributions and Benefits Act 1992 or otherwise abated as a consequence of the claimant or his partner becoming a patient within the meaning of regulation 21(3) (special cases),

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.

F773

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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).

F185

For the purposes of sub-paragraph (1)(b), once the disability premium is applicable to a claimant by virtue of his satisfying the additional condition specified in that provision, he shall continue to be treated as satisfying that condition for any period spent by him in undertaking a course of training provided under section 2 of the Employment and Training Act 1973 F25or for any period during which he is in receipt of a training allowance.

F736

For the purposes of sub-paragraph (1)(a)(i) and (c)(i), a reference to a person in receipt of long-term incapacity benefit includes a person in receipt of short-term incapacity benefit at a rate equal to the long-term rate by virtue of section 30B(4)(a) of the Contributions and Benefits Act (short-term incapacity benefit for a person who is terminally ill), or who would be or would have been in receipt of short-term incapacity benefit at such a rate but for the fact that the rate of short-term incapacity benefit already payable to him is or was equal to or greater than the long-term rate.

Severe Disability PremiumI1313

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 claimantF56, a lone parent or a claimant who is treated as having no partner in consequence of sub-paragraph (2A)—

i

he is in receipt of attendance allowanceF47, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act, and

C1ii

subject to sub-paragraph (3), he has no non-dependants aged 18 or over F70normally residing with him or with whom he is normally residing, and

iii

F26... an invalid care allowance under section 37 of the Social Security Act F6F27is not in payment to anyone in respect of caring for him;

b

if he has a partner—

i

he is in receipt of attendance allowanceF48, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act; 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

C2iii

subject to sub-paragraph (3), he has no non-dependants aged 18 or over F71normally residing with him or with whom he is normally residing,

and, either F28an invalid care allowance is in payment to someone 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, F28such an allowance is not in payment to anyone in respect of caring for either member of the couple or any partner of the polygamous marriage.

F552A

Where a claimant has a partner who does not satisfy the condition in sub-paragraph (2)(b)(ii), and that partner is blind or is treated as blind within the meaning of paragraph 12(1)(a)(iii) and (2), that partner shall be treated for the purposes of sub-paragraph (2) as if he were not a partner of the claimant.

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 allowanceF49, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act; or

F62b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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; F57or

d

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

F113A

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

a

attendance allowanceF50, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act 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.

F693ZA

For the purposes of sub-paragraph (2)(a)(iii) and (2)(b), no account shall be taken of an award of invalid care allowance to the extent that payment of such an award is back-dated for a period before the date on which the award is made.

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.

Disabled Child PremiumI1414

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—

C4a

has no capital or capital which, if calculated in accordance with Part V in like manner as for the claimant, F63except as provided in regulation 44(1) (modifications in respect of children and young persons), would not exceed £3,000; and

b

is in receipt of F51disability living allowance 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).

F31Carer premium14ZA

1

F40Subject to sub-paragraphs (3) and (4), the condition is that the claimant or his partner is, or both of them are, in receipt of invalid care allowance under section 37 of the Social Security Act.

2

If a claimant or his partner, or both of them, would be in receipt of invalid care allowance but for the provisions of the Social Security (Overlapping Benefits) Regulations 1979, where–

a

the claim for that allowance was made on or after 1st October 1990, and

b

the person or persons in respect of whose care the allowance has been claimed remains or remain in receipt of attendance allowanceF52, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act,

he or his partner, or both of them, as the case may be, shall be treated for the purposes of sub-paragraph (1) as being in receipt of invalid care allowance.

F413

Where a carer premium is awarded but the person in respect of whom it has been awarded either ceases to be in receipt of, or ceases to be treated as being in receipt of, invalid care allowance, the condition for the award of the premium shall be treated as satisfied for a period of eight weeks from the date on which that person ceased to be in receipt of, or ceased to be treated as being in receipt of, invalid care allowance.

4

Where a person who has been receiving, or who has been treated as receiving invalid care allowance ceases to be in receipt of, or ceases to be treated as being in receipt, of that allowance and makes a claim for income support, the condition for the award of the carer premium shall be treated as satisfied for a period of eight weeks from the date that the person was last in receipt of, or was last treated as being in receipt of, invalid care allowance.

F12Persons in receipt of concessionary payments14A

For the purpose of determining whether a premium is applicable to a person F38under paragraphs 12 to 14ZA, 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.

F29Person in receipt of benefit14B

For the purposes of this Part of this Schedule, a person shall be regarded as being in receipt of any benefit if, and only if, it is paid in respect of him and shall be so regarded only for any period in respect of which that benefit is paid.

I16PART IVWeekly amounts of premiums specified in part III

Annotations:
Commencement Information
I16

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

Amendments (Textual)
F83

Sch. 2 Pt. IV sums substituted (coming into force in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 1996 (S.I. 1996/599), art. 18(5), Sch. 5

Premium

Amount

15

—

1

Lone parent premium.

1

F83£5.20;

2

Pensioner premium for persons aged under 75—

a

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

2

a

F83 £19.15;

b

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

b

F83£28.90;

2A

Pensioner premium for persons aged 75 and over—

a

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

2A

a

F83£21.30;

b

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

b

F83£31.90;

3

Higher Pensioner Premium—

a

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

3

a

F83£25.90;

b

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

b

F83£37.05;

4

Disability Premium—

a

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

4

a

F83£20.40;

b

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

b

F83£29.15;

5

Severe Disability Premium—

a

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

5

a

F83£36.40;

b

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

i

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

b

i

F83£36.40;

ii

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

ii

F83£72.80;

6

Disabled Child Premium.

6

F83£20.40; in respect of each child or young person in respect of whom the conditions specified in paragraph 14 are satisfied.

7

Carer Premium.

7

F83£13.00; in respect of each person who satisfied the condition specified in paragraph 14ZA.

PART Vrounding of fractions

I1516

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.