C4SCHEDULE 2APPLICABLE AMOUNTS
Sch. 2 applied (with modifications) (S.) (6.10.2003) by The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 (S.S.I. 2003/460), reg. 1, sch. Pt. II Table B (with reg. 13)
PART Ipersonal allowances
I1F1331
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(1) and 18(1) (applicable amounts and polygamous marriages).
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Person or Couple | Amount |
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F461A
1
The circumstances referred to in paragraph 1 are that—
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.
I2F232
F97F49—(1)The weekly amounts specified in column (2) below in respect of each person specified in column (1) shallF48, 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).
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F472
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.
F902A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART IIfamily premium
I33
F98F541
F552
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.
F587
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.
PART IIIpremiums
I44
Except as provided in paragraph 5, the weekly premiums specified in Part IV of this Schedule shall, for the purposes of regulations 17F9(1)(d) F11and 18(1)(e), be applicable to a claimant who satisfies the condition specified in F51F70paragraphs 9F70paragraphs 8AF17to 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.
F716
1
Subject to sub-paragraph (2), the following premiums, namely—
a
a severe disability premium to which paragraph 13 applies;
b
an enhanced disability premium to which paragraph 13A applies;
c
F99a disabled child premium to which paragraph 14 applies; and
d
a carer premium to which paragraph 14ZA applies,
may be applicable in addition to any other premium which may apply under this Schedule.
2
An enhanced disability premium in respect of a person shall not be applicable in addition to—
a
a pensioner premium under paragraph 9 or 9A; or
b
a higher pensioner premium under paragraph 10.
I67
F181
F19Subject 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 F45Secretary of State F120... under section 2 of the Employment and Training Act 1973 F2F21or by F121Skills Development Scotland, Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990,F13or for any period during which he is in receipt of a training allowance.
F202
For the purposes of the carer premium under paragraph 14ZA, a person shall be treated as being in receipt of F75carer’s 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 F25, 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 PremiumF528
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Bereavement PremiumF1198A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pensioner premium for persons under 75F889
The condition is that the claimant has a partner aged F123not less than the qualifying age for state pension credit but less than 75.
Pensioner premium for persons 75 and overF919A
The condition is that the claimant has a partner aged not less than 75 but less than 80.
Higher Pensioner PremiumI710
F891
F111Subject to sub-paragraph (6), the condition is that—
a
the claimant’s partner is aged not less than 80; or
b
the claimant’s partner is aged less than 80 but F124not less than the qualifying age for state pension credit and either—
i
the additional condition specified in F92paragraph 12(1)(a), (c) or (d) is satisfied; or
ii
the claimant was entitled to, or was treated as being in receipt of, income support and—
aa
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 F126the day his partner attained the qualifying age for state pension credit; and
bb
he has, subject to sub-paragraph (3), remained continuously entitled to income support since his partner attained F127the qualifying age for state pension credit.
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 F60or 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 F87sub-paragraph (1)(b)(ii) is concerned, if a claimant ceases to be entitled to F60or treated as entitled to income support for a period not exceeding eight weeks which includes F125the day his partner attained the qualifying age for state pension credit, he shall, on becoming re-entitled to income support, thereafter be treated as having been continuously entitled thereto.
F564
F595
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.
F1106
The condition is not satisfied if the claimant’s partner to whom sub-paragraph (1) refers is a long-term patient.
Disability PremiumI811
F1121
F113Subject to sub-paragraph (2), the condition is that—
a
where the claimant is a single claimant or a lone parent,F83... the additional condition specified in paragraph 12 is satisfied; or
F1142
The condition is not satisfied if—
a
the claimant is a single claimant or a lone parent and (in either case) is a long-term patient;
b
the claimant is a member of a couple or polygamous marriage and each member of the couple or polygamous marriage is a long-term patient; or
c
the claimant is a member of a couple or a polygamous marriage and a member of that couple or polygamous marriage is—
i
a long-term patient; and
ii
the only member of the couple or polygamous marriage to whom sub-paragraph (1)(b) refers.
Additional condition for the Higher Pensioner and Disability PremiumsI912
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, F26disability living allowance, F76the disability element or the severe disability element of working tax credit as specified in regulation 20(1)(b) and (f) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002, mobility supplement, F41long-term incapacity benefit under F35Part II of the Contributions and Benefits Act or severe disablement allowance under Part III of that ActF6but, in the case of F41long-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
C5F40b
the claimant—
i
is entitled to statutory sick pay or F43is, 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 incapableF44, 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
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
F85c
the claimant’s partner was in receipt of long-term incapacity benefit under Part II of the Contributions and Benefits Act when entitlement to that benefit ceased on account of the payment of a retirement pension under that Act and—
i
the claimant has since remained continuously entitled to income support;
ii
the higher pensioner premium or disability premium has been applicable to the claimant; and
iii
the partner is still alive;
d
except where paragraph F1052A F116... of Schedule 7 (patients) applies, the claimant or, as the case may be, his partner was in receipt of attendance allowance or disability living allowance—
i
but payment of that benefit has been suspended under the F101Social Security (Attendance Allowance) Regulations 1991 or the Social Security (Disability Living Allowance) Regulations 1991 or otherwise abated as a consequence of the claimant or his partner becoming a patient within the meaning of regulation 21(3); and
ii
a higher pensioner premium or disability premium has been applicable to the claimant.
C6F571A
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 F107104 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.
F423
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4
For the purpose of F95sub-paragraph (1)(c) and (d), 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 F95sub-paragraph (1)(c) and (d).
C7F125
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 F14or for any period during which he is in receipt of a training allowance.
F396
For the purposes of F96sub-paragraph (1)(a)(i) and (c), 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.
F1027
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Severe Disability PremiumI1013
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 claimantF32, 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 allowanceF27, 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
b
F61in the case of a claimant who has a partner—
i
he is in receipt of attendance allowanceF28, 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 F38normally residing with him or with whom he is normally residing,
and, either F62a person is entitled to, and in receipt of, F75a carer’s 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.
F312A
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 allowanceF29, 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
F34b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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; F33or
d
a person who is blind or is treated as blind within the meaning of paragraph 12(1)(a)(iii) and (2).
F73A
For the purposes of sub-paragraph (2)(b) a person shall be treatedF64...—
a
F363ZA
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.
F725
In sub-paragraph (2)(a)(iii) and (b), references to a person being in receipt of F75a carer’s allowance shall include references to a person who would have been in receipt of that allowance but for the application of a restriction under section F1226B or 7 of the Social Security Fraud Act 2001 (loss of benefit provisions).
F69Enhanced disability premium13A
1
Subject to sub-paragraph (2), the condition is that the care component of disability living allowance is, or would, but for a suspension of benefit in accordance with regulations under section 113(2) of the Contributions and Benefits Act or but for an abatement as a consequence of hospitalisation, be payable at the highest rate prescribed under section 72(3) of the Contributions and Benefits Act in respect of—
a
the claimant; or
F1361A
Where the condition in sub-paragraph (1) ceases to be satisfied because of the death of a child or young person, the condition is that the claimant is entitled to child benefit in respect of that person under section 145A of the Contributions and Benefits Act (entitlement after death of child or qualifying young person).
F1172
The condition is not satisfied if the person to whom sub-paragraph (1) refers is—
C8a
a child or young person—
i
whose capital if calculated in accordance with Part 5 of these Regulations in like manner as for the claimant, except as provided in regulation 44(1), would exceed £3,000; or
ii
who is a long-term patient;
b
a single claimant or a lone parent and (in either case) is a long-term patient;
c
a member of a couple or polygamous marriage and each member of the couple or polygamous marriage is a long-term patient; or
d
a member of a couple or polygamous marriage who—
i
is a long-term patient; and
ii
is the only member of the couple or polygamous marriage to whom sub-paragraph (1) refers.
Disabled Child PremiumF11814
1
Subject to sub-paragraph (2), the condition is that where the 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 is—
a
in receipt of disability 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; F137...
b
blind or treated as blind within the meaning of paragraph 12(1)(a)(iii) and (2)F138; or
c
a child or young person in respect of whom section 145A of the Contributions and Benefits Act (entitlement after death of child or qualifying young person) applies for the purposes of entitlement to child benefit but only for the period prescribed under that section, and in respect of whom a disabled child premium was included in the claimant’s applicable amount immediately before the death of that child or young person, or ceased to be included in the claimant’s applicable amount because of that child or young person’s death.
2
The condition F139in sub-paragraph (1)(a) or (b) is not satisfied in respect of a child or young person—
C9a
whose capital, if calculated in accordance with Part 5 of these Regulations in like manner as for the claimant, except as provided in regulation 44(1), would exceed £3,000; or
b
who is a long-term patient.
F16Carer premium14ZA
1
F772
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F733
Where a carer premium is awarded but—
a
the person in respect of whose care the F75carer’s allowance has been awarded dies; or
b
the condition for the award of the premium shall be treated as satisfied for a period of eight weeks from the relevant date specified in sub-paragraph (3A) below.
3A
The relevant date for the purposes of sub-paragraph (3) above shall be—
a
F80b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
in any other case, the date on which the person who has been entitled to F75a carer’s allowance ceases to be entitled to that allowance.
4
Where a person who has been entitled to F75a carer’s 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–
F81b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
F82in any other case, the person who has been entitled to a carer’s allowance ceased to be entitled to that allowance.
F8Persons in receipt of concessionary payments14A
For the purpose of determining whether a premium is applicable to a person F22under 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.
F15Person 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.
PART IVWeekly amounts of premiums specified in part III
Sch. 2 Pt. IV table substituted (coming into force in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2011 (S.I. 2011/821), arts. 1(2)(i), 17(5), Sch. 3
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PART Vrounding of fractions
I1116
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.
Word in Sch. 2 inserted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 19