The Income Support (General) Regulations 1987

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

PART I E+W+S personal allowances

1.  The weekly amounts specified in column (2) below in respect of each person or couple specified in column (1) shall be the weekly amounts specified for the purposes of regulations 17 [F1 (1)](a) and [F2 18(1)] and (b) (applicable amounts and polygamous marriages). E+W+S

Column (1)	Column (2)
Person or Couple	Amount
[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 £26.45;]
(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 20(4A) of the Act;	(b) [F4 £34.80;]
(c) less than 18 who satisfies the condition in paragraph 11(a);	(c) [F4 £34.80;]
(d) not less than 18 but less than 25;	(d) [F4 £34.80;]
(e) not less than 25.	(e) [F4 £44.00.]
(2) Lone parent aged—
(a) except where head (b) or (c) of this sub-paragraph applies, less than 18;	(a) [F4 £26.45;]
(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 20(4A) of the Act;	(b) [F4 £34.80;]
(c) less than 18 who satisfies the condition in paragraph 11(a);	(c) [F4 £34.80;]
(d) not less than 18.	(d) [F4 £44.00.]]
[F5 (3) Couple–
(a) where both members are persons aged less than 18	(a) [F4 £52.40;] and
(i) at least one of them is treated as responsible for a child; or
(ii) had they not been members of a couple, each would be eligible for income support under regulation 13A (circumstances in which a person aged 16 or 17 is eligible for income support); or
(iii) they are married and each member is either a registered person or a person to whom Part I of Schedule 1A applies; or
(iv) there is a direction under section 20(4A) of the Act (income support to avoid severe hardship) in respect of each member; or
(v) there is a direction under section 20(4A) of the Act in respect of one of them and the other is eligible for income support under regulation 13A;
[F6 (aa) where both members are aged less than 18 and sub-paragraph (3)(a) does not apply but one member of the couple [F7 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 that member]– (i) is eligible for income support under regulation 13A; or (ii) is the subject of a direction under section 20(4A) of the Act.]	(aa) [F4 £34.80;]
(b) where both members are aged less than 18 and sub–paragraph (3)(a) [F8 or (aa)] above does not apply but one member of the couple–	(b) [F4 £26.45;]
(i) is eligible for income support under regulation 13A; or
(ii) is the subject of a direction under section 20(4A);
(c) where both members are aged not less than 18;	(c) [F4 £69.00;]
(d) where one member is aged not less than 18 and the other member is a person under 18 who–	(d) [F4 £69.00;]
(i) is eligible for income support under regulation 13A; or
(ii) is the subject of a direction under section 20(4A);
(e) where one member is aged not less than 18 but less than 25 and the other member is a person under 18 who–	(e) [F4 £34.80;]
(i) is not eligible for income support under regulation 13A; or
(ii) is not the subject of a direction under section 20(4A);
(f) where one member is aged not less than 25 and the other member is a person under 18 who–	(f) [F4 £44.00.]
(i) is not eligible for income support under regulation 13A; and
(ii) is not the subject of a direction under section 20(4A).]

Textual Amendments

F1 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

F2 Words in Sch. 2 para. 1 substituted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 19(a)

F3 Sch. 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

F4 Sch. 2 Pt. I sums amended (coming into force in accordance with art. 1(2)(f) of the amending S.I.) by The Social Security Benefits Up-rating Order 1993 (S.I. 1993/349), art. 16(3), Sch. 4

F5 Sch. 2 para. 1(3) substituted (12.9.1988) by The Income Support (General) Amendment No. 3 Regulations 1988 (S.I. 1988/1228), regs. 1(1)(b), 9

F6 Sch. 2 para. 1(3)(aa) inserted (10.7.1989) by The Family Credit and Income Support (General) Amendment Regulations 1989 (S.I. 1989/1034), regs. 1(1)(a), 11(b)(i)

F7 Words in Sch. 2 para. 1(3)(aa) substituted (9.10.1989) by The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(a), 6(c)

F8 Words in Sch. 2 para. 1(3)(b) inserted (10.7.1989) by The Family Credit and Income Support (General) Amendment Regulations 1989 (S.I. 1989/1034), regs. 1(1)(a), 11(b)(ii)

Commencement Information

I1 Sch. 2 para. 1 in force at 11.4.1988, see reg. 1

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

Column (1)	Column (2)
Child or Young Person	Amount
Person aged—
(a) less than 11;	(a) [F4 £15.05;]
(b) not less than 11 but less than 16;	(b) [F4 £22.15;]
(c) not less than 16 but less than 18;	(c) [F4 £26.45;]
(d) not less than 18.	(d) [F4 £34.80.]]

Textual Amendments

F4 Sch. 2 Pt. I sums amended (coming into force in accordance with art. 1(2)(f) of the amending S.I.) by The Social Security Benefits Up-rating Order 1993 (S.I. 1993/349), art. 16(3), Sch. 4

F9 Sch. 2 para. 2 substituted (1.10.1991) by The Income Support (General) Amendment No. 4 Regulations 1991 (S.I. 1991/1559), regs. 1(1)(b), 15(b) (with reg. 1(2))

Commencement Information

I2 Sch. 2 para. 2 in force at 11.4.1988, see reg. 1

[F10 2A.— (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, £45.00; and

(b) where the home in which the person resides is situated within the area described in Schedule 3C (the Greater London area), £50.00.

(2) Subject to sub-paragraphs [F11 (3), (4) and (4A)], the conditions are—

(a) the person resides in a residential care home or a nursing home [F12 or is regarded pursuant to sub-paragraph (4A) as residing in such a home];

[F13 (aa) 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,

and which provides nursing for persons resident therein who suffer from a progressive disease and for whom the purpose of treatment is palliative.

[F14 (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

F10 Sch. 2 para. 2A inserted (1.4.1993) by The Social Security Benefits (Amendments Consequential Upon the Introduction of Community Care) Regulations 1992 (S.I. 1992/3147), regs. 1(1), 2(1)(d)

F11 Words in Sch. 2 para. 2A(2) substituted (31.5.1993) by The Income Support (General) Amendment (No. 2) Regulations 1993 (S.I. 1993/1219), regs. 1(1), 2(2)(a) (with reg. 3)

F12 Words in Sch. 2 para. 2A(2)(a) substituted (31.5.1993) by The Income Support (General) Amendment (No. 2) Regulations 1993 (S.I. 1993/1219), regs. 1(1), 2(2)(b) (with reg. 3)

F13 Sch. 2 para. 2A(2)(aa) inserted (1.4.1993) by The Social Security Benefits (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/518), regs. 1, 5(4)

F14 Sch. 2 para. 2A(4A) inserted (31.5.1993) by The Income Support (General) Amendment (No. 2) Regulations 1993 (S.I. 1993/1219), regs. 1(1), 2(3) (with reg. 3)

Modifications etc. (not altering text)

C1 Sch. 2 Pt. I para. 2A sums maintained (coming into force in accordance with art. 1(2)(f) of the amending S.I.) by The Social Security Benefits Up-rating Order 1993 (S.I. 1993/349), art. 16(4)