Textual Amendments
F1Sch. 3B inserted (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), reg. 1(1), Sch. 1 para. 18, Sch. 2
2.—(1) Subject to the following provisions of this paragraph and the following paragraphs of this Schedule, where the protected total of a claimant is more than–
(a)his applicable amount in the second week determined in accordance with the relevant provisions less the amount of any increase consequent on the coming into force of regulation 5 of the Income Support (General) Amendment Regulations 1989; and
(b)any eligible housing benefit for the period of 7 consecutive days beginning 9th October 1989,
the protected sum applicable to the claimant shall be an amount equal to the difference.
(2) Where–
(a)in the second week a claimant’s income calculated in accordance with Part V or, as the case may be, VI exceeds the aggregate of his applicable amount determined in accordance with the relevant provisions and X; and
(b)the amount of income support to which he is entitled in the first week is more than the amount of housing benefit to which he would, but for this sub-paragraph, have been entitled in the period of 7 consecutive days beginning on 9th October 1989,
the protected sum applicable to the claimant shall be an amount equal to X+Y+10 pence.
(3) In sub-paragraph (2)–
“X” means the sum which, but for sub-paragraph (2), would be the protected sum applicable under sub-paragraph (1);
“Y” means the amount of the excess to which sub-paragraph (2)(a) refers.
(4) For the period beginning with the claimant’s relevant benefit week the protected sum applicable to the claimant shall, subject to sub-paragraph (6) and the following paragraphs of this Schedule, be–
(a)the total of–
(i)the amount of the allowance for personal expenses for the claimant or, if he is a member of a family, for him and for each member of his family in the first week determined, or which, but for any temporary absence, would have been determined, in accordance with paragraph 11 of Schedule 5 as then in force;
(ii)the amount of any increase for meals in the first week determined, or which, but for any temporary absence, would have been determined, in accordance with paragraph 2 of that Schedule; and
(iii)the amount or, if he is a member of a family, the aggregate of the amounts determined in accordance with sub-paragraph (5),
less the aggregate of his applicable amount in the second week determined, or which, but for any temporary absence, would have been determined, in accordance with the relevant provisions and, where applicable, the amount of any reduction in the protected sum made by virtue of paragraph 4 in a benefit week occurring before the relevant benefit week; or
(b)the amount of the protected sum which was applicable to him in the immediately preceding benefit week,
whichever is the lower.
(5) For the purposes of sub-paragraph (4)(a), where in the first week the accommodation charge makes or, but for any temporary absence, would have made, provision or no provision for meals, as respects each person an amount shall be determined as follows–
(a)in a case where the provision is for at least three meals a day–
(i)for the claimant, £17.20;
(ii)for a member of his family aged 16 or over, £12.50;
(iii)for a member of his family aged less than 16, £6.25;
(b)except where head (c) applies, in a case where the provision is for less than three meals a day–
(i)for the claimant, £13.85;
(ii)for a member of his family aged 16 or over, £8.30;
(iii)for a member of his family aged less than 16, £4.15;
(c)in a case where the provision is for breakfast only–
(i)for the claimant, £7.05;
(ii)for a member of his family, £1.50;
(d)in a case where there is no provision for meals, for the claimant or, if he is a member of a family, for the claimant and for the members of his family for whom there is no such provision, £5.55;
(6) Where in the relevant benefit week the claimant is in, or only temporarily absent from, residential accommodation, the protected sum applicable to the claimant for the period beginning with that week shall[F2, subject to the following paragraphs of this Schedule,] be–
(a)equal to the difference between–
(i)the amount of the allowance for personal expenses for the claimant or, if he is a member of a family, for him and for each member of his family in the first week determined, or which, but for any temporary absence, would have been determined, in accordance with paragraph 11 of Schedule 5 as then in force; and
(ii)the amount of the allowance for personal expenses for the claimant or, if he is a member of a family, for him and for each member of his family in the second week determined, or which, but for any temporary absence would have been determined, under paragraph 13 of Schedule 7 (persons in residential accommodation),
less, where applicable, the amount of any reduction in the protected sum made by virtue of paragraph 4 in a benefit week occurring before the relevant benefit week; or
(b)the amount of the protected sum which was applicable to him in the immediately preceding benefit week,
whichever is the lower.]
Textual Amendments
F2Words in Sch. 3B para. 2(6) inserted (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(b), 9(b)