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The Income Support (General) Regulations 1987

Status:

Point in time view as at 13/11/2000.

Changes to legislation:

The Income Support (General) Regulations 1987, SCHEDULE 2 is up to date with all changes known to be in force on or before 05 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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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.  [F2The 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(1) and 18(1) (applicable amounts and polygamous marriages).]E+W+S

Column (1)Column (2)
Person or CoupleAmount

[F3(1)  Single claimant aged–E+W+S

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

(a)[F4£31.45];

[F5(b) less than 18 who falls within any of the circumstances specified in paragraph 1A;]

(b)[F4£41.35];

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

(c)[F4£41.35];

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

(d)[F4£41.35];

(e)not less than 25.

(e)[F4£52.20];

(2) Lone parent aged—

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

(a)[F4£31.45];

[F5(b) less than 18 who falls within any of the circumstances specified in paragraph 1A;]

(b)[F4£41.35];

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

(c)[F4£41.35];

(d)not less than 18.

(d)[F4£52.20];]

[F5(3) Couple–

(a) where both members are aged less than 18 and—

(a)[F4£62.35];

(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 have qualified for income support under regulation 4ZA; or

(iii)the claimant’s partner satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (prescribed circumstances for persons aged 16 but less than 18); or

(iv)there is in force in respect of the claimant’s partner a direction under section 16 of the Jobseekers Act 1995 (persons under 18: severe hardship);

(b)where both members are aged less than 18 and head (a) does not apply but one member of the couple falls within any of the circumstances specified in paragraph 1A;

(b)[F4£41.35];

(c)where both members are aged less than 18 and heads (a) and (b) do not apply;

(c)[F4£31.45];

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

(d)[F4£81.95];

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

(e)[F4£81.95];

(i)qualifies for income support under regulation 4ZA, or who would so qualify if he were not a member of a couple; or

(ii)satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (prescribed circumstances for persons aged 16 but less than 18); or

(iii)is the subject of a direction under section 16 of the Jobseekers Act 1995 (persons under 18: severe hardship);

(f)where the claimant is aged not less than 18 but less than 25 and his partner is a person under 18 who—

(f)[F4£41.35];

(i)would not qualify for income support under regulation 4ZA if he were not a member of a couple; and

(ii)does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (prescribed circumstances for persons aged 16 but less than 18); and

(iii)is not the subject of a direction under section 16 of the Jobseekers Act 1995 (persons under 18: severe hardship);

(g)where the claimant is aged not less than 25 and his partner is a person under 18 who—

(g)[F4£52.20];

(i)would not qualify for income support under regulation 4ZA if he were not a member of a couple; and

(ii)does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (prescribed circumstances for persons aged 16 but less than 18); and

(iii)is not the subject of a direction under section 16 of the Jobseekers Act 1995 (persons under 18: severe hardship).]

Textual Amendments

F2Words in Sch. 2 para. 1 substituted (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up Rating Order 1998, (S.I. 1998/470), art. 18(3), Sch. 4

F3Sch. 2 para. 1(1)(2) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) Amendment No. 2 Regulations 1990 (S.I. 1990/1168), regs. 1(1)(a), 2

F4Sch. 2 Pt. 1 sums substituted (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2000 (S.I. 2000/440), art. 16(3), Sch. 2

F5Words in Sch. 2 para. 1 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), 23, Sch. 2 paras. 2, 3

Commencement Information

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

[F61A.—(1) The circumstances referred to in paragraph 1 are that—E+W+S

(a)the person has no parents nor any person acting in the place of his parents;

(b)the person—

(i)is not living with his parents nor any person acting in the place of his parents; and

(ii)in England and Wales, was being looked after by a local authority pursuant to a relevant enactment who placed him with some person other than a close relative of his; or in Scotland, was in the care of a local authority under a relevant enactment and whilst in that care was not living with his parents or any close relative, or was in custody in any institution to which the Prison Act 1952 or the Prisons (Scotland) Act 1989 applied immediately before he attained the age of 16;

(c)the person is in accommodation which is other than his parental home, and which is other than the home of a person acting in the place of his parents, who entered that accommodation—

(i)as part of a programme of rehabilitation or resettlement, that programme being under the supervision of the probation service or a local authority; or

(ii)in order to avoid physical or sexual abuse; or

(iii)because of a mental or physical handicap or illness and needs such accommodation because of his handicap or illness;

(d)the person is living away from his parents and any person who is acting in the place of his parents in a case where his parents are or, as the case may be, that person is, unable financially to support him and his parents are, or that person is—

(i)chronically sick or mentally or physically disabled; or

(ii)detained in custody pending trial or sentence upon conviction or under sentence imposed by a court; or

(iii)prohibited from entering or re-entering Great Britain; or

(e)the person of necessity has to live away from his parents and any person acting in the place of his parents because—

(i)he is estranged from his parents and that person; or

(ii)he is in physical or moral danger; or

(iii)there is a serious risk to his physical or mental health.

(2) In this paragraph—

(a)“chronically sick or mentally or physically disabled” has the same meaning it has in regulation 13(3)(b) (circumstances in which persons in relevant education are to be entitled to income support);

(b)in England and Wales, any reference to a person acting in place of a person’s parents includes a reference to—

(i)where the person is being looked after by a local authority or voluntary organisation who place him with a family, a relative of his, or some other suitable person, the person with whom the person is placed, whether or not any payment is made to him in connection with the placement; or

(ii)in any other case, any person with parental responsibility for the child, and for this purpose “parental responsibility” has the meaning it has in the Children Act 1989 by virtue of section 3 of that Act;

(c)in Scotland, any reference to a person acting in place of a person’s parents includes a reference to a local authority or voluntary organisation where the person is in their care under a relevant enactment, or to a person with whom the person is boarded out by a local authority or voluntary organisation whether or not any payment is made by them.]

Textual Amendments

[F72.  [F8—(1)]The weekly amounts specified in column (2) below in respect of each person specified in column (1) shall[F9, for the relevant period specified in column (1),] be the weekly amounts specified for the purposes of regulations 17(1)(b) and 18(1)(c).E+W+S

Column (1)Column (2)
Child or Young PersonAmount
[F10Person in respect of the period–

(a) beginning on that person’s date of birth and ending on the day preceding the first Monday in September following that person’s sixteenth birthday;

(a)[F11£30.95;]

(b) beginning on the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s nineteenth birthday.

(b)[F12£31.75];]

[F13(2) In column (1) of the table in paragraph (1), “the first Monday in September" means the Monday which first occurs in the month of September in any year.]

Textual Amendments

F11Sum in Sch. 2 para. 2(1) Table substituted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Social Security Amendment (Personal Allowances for Children) Regulations 2000 (S.I. 2000/1993), regs. 1(1), 2(1)(2)(c)

F12Sch. 2 Para. 2(1) sums substituted (with effect in accordance with art. 1(4)-(6) of the amending S.I.) by The Social Security Benefits Up-rating Order 2000 (S.I. 2000/440), arts. 1(4), art. 16(3), Sch. 2

Commencement Information

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

[F142A.—(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—E+W+S

(a)except in a case to which head (b) applies, [F15£61.30]; and

(b)where the home in which the person resides is situated within the area described in Schedule 3C (the Greater London area), [F15£68.20].

(2) Subject to sub-paragraphs [F16(3), (4) and (4A)], the conditions are—

(a)the person resides in a residential care home or a nursing home [F17or is regarded pursuant to sub-paragraph (4A) as residing in such a home];

[F18(aa)the person both requires personal care] [F19by reason of old age, disablement, past or present dependence on alcohol or drugs, past or present mental disorder or a terminal illness and the care is provided in the home];

(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,

[F20and whose primary function is to provide palliative care for persons resident there who are suffering from a progressive disease in its final stages].

[F21(4A) 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.]]

Textual Amendments

F15Sch. 2 Para. 2A(1) sums substituted (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2000 (S.I. 2000/440), art. 16(3), Sch. 2

F20Words in Sch. 2 para. 2A(4) substituted (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), 18(2)

Modifications etc. (not altering text)

C1Sch. 2 para. 2A applied (with modifications) (13.11.2000) by S.I. 2000/729, reg. 1(3A) (as inserted by The Social Fund Winter Fuel Payment (Amendment) Regulations 2000 (S.I. 2000/2864), regs. 1, 2(a)(iii))

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

PART IIE+W+Sfamily premium

3.—[F22(1)] The weekly amount for the purposes of regulations 17[F1(1)](c) [F23and 18(1)](d) in respect of a family of which at least one member is a child or young person shall be

[F24(a)where the claimant is a lone parent [F25to whom the conditions in both sub-paragraphs (2) and (3) apply] and no premium is applicable under paragraph 9, 9A, 10 or 11, [F26£15.90;]

(b)in any other case,] [F27£14.25.]

[F28(2) The first condition for the purposes of sub-paragraph (1)(a) is that the claimant—

(a)was both a lone parent and entitled to income support on 5th April 1998; or

(b)does not come within head (a) above but—

(i)was both a lone parent and entitled to income support on any day during the period of 12 weeks ending on 5th April 1998;

(ii)was both a lone parent and entitled to income support on any day during the period of 12 weeks commencing on 6th April 1998; and

(iii)the last day in respect of which (i) above applied was no more than 12 weeks before the first day in respect of which (ii) above applied.

(3) The second condition for the purposes of sub-paragraph (1)(a) is that as from the appropriate date specified in sub-paragraph (4), the claimant has continued, subject to sub-paragraph (5), to be both a lone parent and entitled to income support.

(4) The appropriate date for the purposes of sub-paragraph (3) is—

(a)in a case to which sub-paragraph (2)(a) applies, 6th April 1998;

(b)in a case to which sub-paragraph (2)(b) applies, the first day in respect of which sub-paragraph (2)(b)(ii) applied.

(5) For the purposes of sub-paragraph (3), where the claimant has ceased, for any period of 12 weeks or less, to be—

(a)a lone parent; or

(b)entitled to income support; or

(c)both a lone parent and entitled to income support,

the claimant shall be treated, on again becoming both a lone parent and entitled to income support, as having continued to be both a lone parent and entitled to income support throughout that period.

(6) In determining whether the conditions in sub-paragraphs (2) and (3) apply, entitlement to an income-based jobseeker’s allowance shall be treated as entitlement to income support for the purposes of any requirement that a person is entitled to income support.]

[F29(7) For the purposes of this paragraph, a claimant shall be treated as having been entitled to income support throughout any period which comprises only days on which he was participating in an employment zone programme and was not entitled to income support because, as a consequence of his participation in that programme, he was engaged in remunerative work or had income in excess of his applicable amount as prescribed in Part IV.]

Textual Amendments

F22Sch. 2 para. 3(1): Sch. 2 para. 3 renumbered as Sch. 2 para. 3(1) (6.4.1998) by The Social Security Amendment (Lone Parents) Regulations 1998 (S.I. 1998/766), regs. 1(1), 12

F24Words in Sch. 2 Pt. II para. 3 inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1803), regs. 1(1)(b), 39(2)

F26Sum in Sch. 2 para. 3(1)(a) substituted (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2000 (S.I. 2000/440), arts. 1(2)(g), 16(4)(a)

F27Sum in Sch. 2 para. 3(1)(b) substituted (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2000 (S.I. 2000/440), arts. 1(2)(g), 16(4)(b)

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) [F30and 18(1)](e), be applicable to a claimant who satisfies the condition specified in [F31paragraphs 9] [F32to 14ZA] in respect of that premium.E+W+S

Textual Amendments

F31Words in Sch. 2 Pt. III para. 4 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1803), regs. 1(1)(b), 39(3)(a)

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 [F33any other premium which may apply under this Schedule.] E+W+S

(2) [F34The 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.

Textual Amendments

Commencement Information

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

7.—[F35(1)] [F36Subject 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 F37 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 [F38Secretary of State for Education and Employment] under section 2 of the Employment and Training Act 1973 F39 [F40or by Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990,] [F41or for any period during which he is in receipt of a training allowance].

[F42(2) 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.].]

Textual Amendments

F35 Sch. 2 para. 7 renumbered as Sch. 7 para. 7(1) (1.10.1990) by The Income Support (General) Amendment No. 3 Regulations 1990 (S.I. 1990/1776), regs. 1(1)(a), 8(c)(i) (with reg. 1(2))

F391973 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

F448.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F44Sch. 2 Pt. III para. 8 omitted (with effect in accordance with reg. 1(2) of the amending S.I.) by virtue of The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1803), regs. 1(1)(b), 39(3)(b)

[F45Pensioner premium for persons under 75E+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 75; or

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

Textual Amendments

F45 Sch. 2 paras. 9-9A substituted for Sch. 2 para. 9 (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), regs. 1(1), 5(a)

Commencement Information

I8Sch. 2 para. 9 in force at 11.4.1988, see reg. 1

Pensioner premium for persons 75 and overE+W+S

9A.  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.]

Textual Amendments

F45 Sch. 2 paras. 9-9A substituted for Sch. 2 para. 9 (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), regs. 1(1), 5(a)

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) [F46or (c)] is satisfied; or

(ii)he was entitled to [F47, or was treated as being in receipt of, income support and the disability premium was or, as the case may be, would have been,] 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) [F46or (c)] is satisfiedF48...; or

(ii)he was entitled to [F49, or was treated as being in receipt of, income support and the disability premium was or, as the case may be, would have been,] 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 [F50or treated as 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 [F50or treated as 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.

[F51(4) In the case of a claimant who is a welfare to work beneficiary, references in sub-paragraphs (1)(b)(ii), (2)(b)(ii) and (3)(b) to a period of 8 weeks shall be treated as references to a period of 52 weeks.]

[F52(5) For the purposes of this paragraph, a claimant shall be treated as having been entitled to and in receipt of income support throughout any period which comprises only days on which he was participating in an employment zone programme and was not entitled to income support because, as a consequence of his participation in that programme, he was engaged in remunerative work or had income in excess of his applicable amount as prescribed in Part IV.]

Textual Amendments

F48Words in Sch. 2 para. 10(2)(b)(i) omitted (6.4.1992) by virtue of The Income Support (General) Amendment Regulations 1992 (S.I. 1992/468), regs. 1(1), 6 (with reg. 1(2))

Commencement Information

I9Sch. 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 [F5312(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) [F54or (c)] is satisfied by his partner.

Textual Amendments

F53Words 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

I10Sch. 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, [F55disability living allowance, [F56disabled person’s tax credit]], mobility supplement, [F57long-term incapacity benefit] under [F58Part II of the Contributions and Benefits Act or severe disablement allowance under Part III of that Act] [F59but, in the case of [F57long-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 F60 (other services) or, in Scotland, under section 46 of the National Health Service (Scotland) Act 1978 F61 (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 F62 (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

[F63(b) the claimant—

(i)is entitled to statutory sick pay or [F64is, 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 incapable[F65, 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—

[F66(i)[F67long-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 [F67long-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 [F69or disability living allowance but payment of benefit has been suspended in accordance with regulations made under [F70section 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.

[F71(1A) In the case of a claimant who is a welfare to work beneficiary, the reference in sub-paragraph (1)(b) to a period of 56 days shall be treated as a reference to a period of 52 weeks.]

(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.

F72(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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).

[F73(5) 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 [F74or for any period during which he is in receipt of a training allowance].]

[F75(6) 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.]

[F76(7) A person—

(a)to whom regulation 6(2) (persons not treated as engaged in remunerative work) applies; and

(b)whose applicable amount immediately before he was engaged in the work referred to in regulation 6(2)(a), included a premium applicable under paragraph 11(a),

shall, for the period specified in regulation 6(3), be treated as having continued to satisfy the additional condition specified in this paragraph for the payment of that premium.]

Textual Amendments

F58Words in Sch. 2 para. 12(1)(a)(i) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No.5) Regulations 1994 (S.I. 1994/2139), regs. 1(1)(a), 30(2)

F59Words 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)

F601977 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).

F621948 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.

F68Words in Sch. 2 para. 12(1)(c)(i) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No.5) Regulations 1994 (S.I. 1994/2139), regs. 1(1)(a), 30(3)

Modifications etc. (not altering text)

Commencement Information

I11Sch. 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[F77, 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 allowance[F78, 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)subject to sub-paragraph (3), he has no non-dependants aged 18 or over [F79normally residing with him or with whom he is normally residing,] and

[F80(iii)no person is entitled to, and in receipt of, an invalid care allowance under section 70 of the Contributions and Benefits Act in respect of caring for him;]

(b)[F81in the case of a claimant who] has a partner—

(i)he is in receipt of attendance allowance[F82, 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

(iii)subject to sub-paragraph (3), he has no non-dependants aged 18 or over [F83normally residing with him or with whom he is normally residing,]

and, either [F84a person is entitled to, and 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 may be, no person is entitled to, and in receipt of, such an allowance] in respect of caring for either member of the couple or any partner of the polygamous marriage.

[F85(2A) 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 allowance[F86, 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

F87(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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; [F88or

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

[F89(3A) For the purposes of sub-paragraph (2)(b) a person shall be treatedF90...—

(a)[F91as being in receipt of] attendance allowance[F92, 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;]

[F93(b)as being entitled to and in receipt of an 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 entitled and in receipt.]

[F94(3ZA) 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.

Textual Amendments

F87Sch. 2 para. 13(3)(b) 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), 18(3)

F94Sch. 2 para. 13(3ZA) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No.5) Regulations 1994 (S.I. 1994/2139), regs. 1(1)(a), 30(4)

Modifications etc. (not altering text)

Commencement Information

I12Sch. 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, [F95except 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 [F96disability 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).

Textual Amendments

F95Words in Sch. 2 para. 14(a) substituted (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), 18(4)

Modifications etc. (not altering text)

C5Sch. 2 para. 14(a) sum confirmed (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up Rating Order 2000 (S.I. 2000/440), arts. 1(2)(g), 16(2)

Commencement Information

I13Sch. 2 para. 14 in force at 11.4.1988, see reg. 1

[F97Carer premiumE+W+S

14ZA.—(1) [F98Subject to sub-paragraphs (3) and (4),] the condition is that the claimant or his partner is, or both of them are, [F99entitled to an invalid care allowance under section 70 of the Contributions and Benefits 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 allowance[F100, 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 [F101entitled to an] invalid care allowance.]

[F102(3) Where a carer premium is awarded but the person in respect of whom it has been awarded ceases to be entitled to an 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–

(a)where sub-paragraph (2) applies, the person in respect of whose care the invalid care allowance has been claimed ceased to be in receipt of the allowances referred to in paragraph (b) of that sub-paragraph;

(b)in any other case, that person ceased to be entitled to an invalid care allowance.]

[F102(4) Where a person who has been entitled to an invalid care allowance ceases to be entitled to 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 on which–

(a)where sub-paragraph (2) applies, the person in respect of whose care the invalid care allowance has been claimed ceased to be in receipt of the allowances referred to in paragraph (b) of that sub-paragraph;

(b)in any other case, that person was last entitled to an invalid care allowance.]

Textual Amendments

[F103Persons in receipt of concessionary paymentsE+W+S

14A.  For the purpose of determining whether a premium is applicable to a person [F104under 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.]

Textual Amendments

[F105Person in receipt of benefitE+W+S

14B.  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.]

Textual Amendments

F105Sch. 2 para. 14B inserted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 17

PART IVE+W+SWeekly amounts of premiums specified in part III

Commencement Information

I14Sch. 2 Pt. IV in force at 11.4.1988, see reg. 1

PremiumAmount

15.  —

F106(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F106. . .

(2) Pensioner premium for persons aged under 75—

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

[F107(2) (a)  £26.25];

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

[F107(b) £40.00];

(2A) Pensioner premium for persons aged 75 and over—

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

[F107(2A) (a)  £28.65];

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

[F107(b) £43.40];

(3) Higher Pensioner Premium—

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

[F107(3) (a)  £33.85];

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

[F107(b) £49.10];

(4) Disability Premium—

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

[F107(4) (a)  £22.25];

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

[F107(b) £31.75];

(5) Severe Disability Premium—

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

[F107(5) (a)  £40.20];

(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);

[F107(b)(i) £40.20];

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

[F107(ii) £80.40];

(6) Disabled Child Premium.

(6) [F107£22.25] in respect of each child or young person in respect of whom the condition specified in paragraph 14 is satisfied.

(7) Carer Premium.

(7) [F107£14.15] in respect of each person who satisfied the condition specified in paragraph 14ZA.

Textual Amendments

F106Sch. 2 Pt. IV para. 15(1) entries omitted (with effect in accordance with reg. 1(2) of the amending S.I.) by virtue of The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1803), regs. 1(1)(b), 39(4)

F107Sch. 2 Pt. IV sums substituted (with effect in accordance with art. 1(2)(g) of the amending S.I.) by (The Social Security Benefits Up-rating Order 2000 (S.I. 2000/440), arts. 1(2)(g), 16(5), Sch. 3

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

I15Sch. 2 para. 16 in force at 11.4.1988, see reg. 1

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