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.   [F2 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).] 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 £30.30];
[F5 (b) less than 18 who falls within any of the circumstances specified in paragraph 1A;]	(b) [F4 £39.85];
(c) less than 18 who satisfies the condition in paragraph 11(a);	(c) [F4 £39.85];
(d) not less than 18 but less than 25;	(d) [F4 £39.85];
(e) not less than 25.	(e) [F4 £50.35];
(2) Lone parent aged—
(a) except where head (b) or (c) of this sub-paragraph applies, less than 18;	(a) [F4 £30.30];
[F5 (b) less than 18 who falls within any of the circumstances specified in paragraph 1A;]	(b) [F4 £39.85];
(c) less than 18 who satisfies the condition in paragraph 11(a);	(c) [F4 £39.85];
(d) not less than 18.	(d) [F4 £50.35];]
[F5 (3) Couple–
(a) where both members are aged less than 18 and—	(a) [F4 £60.10];
(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 £39.85];
(c) where both members are aged less than 18 and heads (a) and (b) do not apply;	(c) [F4 £30.30];
(d) where both members are aged not less than 18;	(d) [F4 £79.00];
(e) where one member is aged not less than 18 and the other member is a person under 18 who—	(e) [F4 £79.00];
(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 £39.85];
(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 £50.35];
(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).]

Textual Amendments

F2 Words 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

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. 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 1998, (S.I. 1998/470), 18(3), Sch. 4

F5 Words 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

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

[F6 1A.— (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

F6 Sch. 2 para. 1A inserted (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 para. 4

[F7 2.   [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 Person	Amount
[F10 Person in respect of the period—]
(a) [F10 beginning on that person’s date of birth and ending on the day preceding the first Monday in September following that person’s eleventh birthday;]	(a) [F4 £17.30];
(b) [F10 beginning on the first Monday in September following that person’s eleventh birthday and ending on the day preceding the first Monday in September following that person’s sixteenth birthday;]	(b) [F4 £25.35];
(c) [F10 beginning on the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s nineteenth birthday.]	(c) [F4 £30.30];]
	F11 . . .

[F12 (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

F4 Sch. 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 1998, (S.I. 1998/470), 18(3), Sch. 4

F7 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))

F8 Words in Sch. 2 para. 2 inserted (7.4.1997) by The Income-related Benefits and Jobseeker’s Allowance (Personal Allowances for Children and Young Persons) (Amendment) Regulations 1996 (S.I. 1996/2545), regs. 1(2), 2(1)(2)(7)(a) (with reg. 10)

F9 Words in Sch. 2 para. 2 inserted (7.4.1997) by The Income-related Benefits and Jobseeker’s Allowance (Personal Allowances for Children and Young Persons) (Amendment) Regulations 1996 (S.I. 1996/2545), regs. 1(2), 2(1)(3)(7)(a) (with reg. 10)

F10 Words in Sch. 2 para. 2 substituted (7.4.1997) by The Income-related Benefits and Jobseeker’s Allowance (Personal Allowances for Children and Young Persons) (Amendment) Regulations 1996 (S.I. 1996/2545), regs. 1(2), 2(1)(4)(7)(a) (with reg. 10)

F11 Sch. 2 para. 2(d) omitted (7.4.1997) by virtue of The Income-related Benefits and Jobseeker’s Allowance (Personal Allowances for Children and Young Persons) (Amendment) Regulations 1996 (S.I. 1996/2545), regs. 1(2), 2(1)(5)(7)(a) (with reg. 10)

F12 Sch. 2 para. 2(2) inserted (7.4.1997) by The Income-related Benefits and Jobseeker’s Allowance (Personal Allowances for Children and Young Persons) (Amendment) Regulations 1996 (S.I. 1996/2545), regs. 1(2), 2(1)(6)(7)(a) (with reg. 10)

Commencement Information

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

[F13 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, [F4 £57.50]; and

(b) where the home in which the person resides is situated within the area described in Schedule 3C (the Greater London area), [F4 £64.00].

(2) Subject to sub-paragraphs [F14 (3), (4) and (4A)], the conditions are—

(a) the person resides in a residential care home or a nursing home [F15 or is regarded pursuant to sub-paragraph (4A) as residing in such a home];

[F16 (aa) the person both requires personal care] [F17 by 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,

[F18 and whose primary function is to provide palliative care for persons resident there who are suffering from a progressive disease in its final stages].

[F19 (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

F4 Sch. 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 1998, (S.I. 1998/470), 18(3), Sch. 4

F13 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)

F14 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)

F15 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)

F16 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)

F17 Words in Sch. 2 para. 2A(2)(aa) substituted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income-related Benefits and Jobseeker’s Allowance (Amendment) (No. 2) Regulations 1997 (S.I. 1997/2197), regs. 1(2), 7(5)(6)(a)

F18 Words 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)

F19 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)