PatientsF491

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F491

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F482

. . .

F482

. . .

F512A

A claimant who is detained, or liable to be detained, under—

a

section 45A of the Mental Health Act 1983 (hospital and limitation directions) or section 59A of the Criminal Procedure (Scotland) Act 1995 (hospital direction); or

b

section 47 of the Mental Health Act 1983 (removal to hospital of persons serving sentences of imprisonment, etc.) or section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (transfer of prisoners for treatment for mental disorder),

but not if his detention continues after the date which the Secretary of State certifies or Scottish Ministers certify would have been the earliest date on which he could have been released in respect of, or from, the prison sentence if he had not been detained in hospital.

F502A

Nil.

2B

F54. . .

3

F43F53. . .

4

F5. . .

5

F6. . .

6

A claimant who is without accommodation.

6

The amount applicable to him under regulation 17F3(1)(a) only.

7

A claimant who is a member of and fully maintained by a religious order.

7

Nil.

8

A person—

a

except where sub-paragraph (b) applies, who is a prisoner;

8

a

Nil;

b

who is detained in custody pending trial or sentence following conviction by a court.

b

only such amount, if any, as may be applicable under regulation 17F3(1)(e).

9

A claimant who is a member of a couple and who is temporarily separated from his partner F8where—

a

one member of the couple is–

F45i

not a patient but is residing in a care home, an Abbeyfield Home or an independent hospital, or

iii

resident in premises used for the rehabilitation of alcoholics or drug addicts, or

iv

resident in accommodation provided under section 3 of and Part II of the Schedule to, the Polish Resettlement Act 1947 (provision of accommodation in camps), or

v

participating in arrangements for training made under section 2 of the Employment and Training Act 1973 F17or section 2 of the Enterprise and New Towns (Scotland) Act 1990 or attending a course at an employment rehabilitation centre established under that section F16of the 1973 Act, where the course requires him to live away from the dwelling occupied as the home, or

vi

in a probation or bail hostel approved for the purpose by the Secretary of State; and

b

the other member of the couple is–

i

living in the dwelling occupied as the home, or

ii

a patient, or

F46iii

residing in a care home, an Abbeyfield Home or an independent hospital.

9

Either—

a

the amount applicable to him as a member of a couple under regulation 17F3(1); or

b

the aggregate of his applicable amount and that of his partner assessed under the provisions of these Regulations as if each of them were a single claimant, or a lone parent,

whichever is the greater.

10

A claimant who is a member of a polygamous marriage and who is temporarily separated from a partner of his, where one of them is living in the home while the other member is—

F47a

not a patient but is residing in a care home, an Abbeyfield Home or an independent hospital, or

c

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d

resident in premises used for the rehabilitation of alcoholics or drug addicts; or

e

attending a course of training or instruction provided or approved by the F23Secretary of State for Education and Employment where the course requires him to live away from home; or

f

in a probation or bail hostel approved for the purpose by the Secretary of State.

10

Either—

a

the amount applicable to the members of the polygamous marriage under regulation 18; or

b

the aggregate of the amount applicable for the members of the polygamous marriage who remain in the home under regulation 18 and the amount applicable in respect of those members not in the home calculated as if each of them were a single claimant, or a lone parent,

whichever is the greater.

10A

F38

. . .

10B

F39

. . .

10C

F37

. . .

10D

F20. . .

11

F14Subject to paragraph 11A, a claimant who is a member of a couple and whose partner is temporarily not present in F4United Kingdom.

11

For the first four weeks of that absence, the amount applicable to them as a couple under regulation 17F3(1), F29... F9or 21 as the case may be and thereafter the amount applicable to the claimant in Great Britain under regulation 17F3(1)F29... F9or 21 as the case may be as if the claimant were a single claimant or, as the case may be, a lone parent.

11A

1

A claimant who is a member of a couple where either—

a

he or his partner is, or,

b

both he and his partner are

absent from the United Kingdom in F18in the circumstances specified in paragraph (2).

2

For the purposes of sub-paragraph (1), the specified circumstances are—

a

in respect of a claimant, those in regulation 4(3)(a) to (d);

b

in respect of a claimant’s partner, as if regulation 4(3)(a) to (d) applied to that partner.

11A

For the first 8 weeks of that absence, the amount applicable to the claimant under regulation 17(1)F30... or 21, as the case may be, and, thereafter, if the claimant is in Great Britain the amount applicable to him under regulation 17(1)F30... or 21, as the case may be, as if the claimant were a single claimant, or, as the case may be, a lone parent.

12

Subject to paragraph 12A, a claimant who is a member of a polygamous marriage where—

a

he or one of his partners is, or

b

he and one or more of his partners, are or

c

two or more of his partners are,

temporarily absent from the United Kingdom;

12

For the first four weeks of that absence, the amount applicable to the claimant under regulations 18 to 21, as the case may be, and thereafter, if the claimant is in Great Britain the amount applicable to him under regulations 18 to 21, as the case may be, as if any member of the polygamous marriage not in the United Kingdom were not a member of the marriage.

12A

1

A claimant who is a member of a polygamous marriage where—

a

he or one of his partners is,

b

he and one or more of his partners, are or

c

two or more of his partners are,

absent from the United Kingdom in F19in the circumstances specified in paragraph (2).

2

For the purposes of sub-paragraph (1), the specified circumstances are—

a

in respect of a claimant, those in regulation 4(3)(a) to (d);

b

in respect of a claimant’s partner or partners, as the case may be, as if regulation 4(3)(a) to (d) applied to that partner or those partners.

12A

For the first 8 weeks of that absence, the amount applicable to the claimant under regulations 18 to 21, as the case may be, and thereafter, if the claimant is in Great Britain the amount applicable to him under regulations 18 to 21, as the case may be, as if any member of the polygamous marriage not in the United Kingdom were not a member of the marriage.

13

F42

. . .

13A

F40

. . .

13B

F41

. . .

13B

F41

. . .

14

F10

. . .

15

F11

. . .

16

F31. . .

16A

a

A claimant who is the partner of a person subject to immigration control.

b

Where regulation 18 (polygamous marriages) applies and the claimant is a person–

i

who is not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act; or

ii

to whom section 115 of that Act does not apply by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000; and

iii

who is a member of a couple and one or more of his partners is subject to immigration control within the meaning of section 115(9) of that Act and section 115 of that Act applies to her for the purposes of exclusion from entitlement to income support.

F2516A

a

F44 The amount applicable in respect of the claimant only under regulation 17(1)(a) plus that in respect of any child or young person who is a member of his family and who is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act, and to whom section 115 of that Act does not apply for the purposes of exclusion from entitlement to income support, any amounts which may be applicable to him under regulation 17(1)(b), (c) or (d) plus the amount applicable to him under regulation 17(1)(e), (f) and (g) or, as the case may be, regulation 21.

F44The amount applicable in respect of the claimant only under regulation 17(1)(a), any amount which may be applicable to him under regulation 17(1)(d) plus the amount applicable to him under regulation 17(1)(e), (f) and (g) or, as the case may be, regulation 21.

b

F44 The amount determined in accordance with that regulation or regulation 21 in respect of the claimant and any partners of his and any child or young person for whom he or his partner is treated as responsible, who are not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act and to whom section 115 of that Act does not apply for the purposes of exclusion from entitlement to income support.

F44The amount determined in accordance with that regulation or regulation 21 in respect of the claimant and any partners of his who are not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act and to whom section 115 of that Act does not apply for the purposes of exclusion from entitlement to income support.

17

person from abroad

17

nil;

18

F32. . .

Claimants entitled to the disability premium for a past period19

A claimant—

a

whose time for claiming income support has been extended under regulation F2619(4) of the Social Security (Claims and Payments) Regulations 1987 F1 (time for claiming benefit); and

b

whose partner was entitled to income support in respect of the period beginning with the day on which the claimant's claim is treated as made under F21regulation 6(3) of those Regulations and F22ending with the day before the day on which the claim is actually made; and

c

who satisfied the condition in F55paragraph 11(1)(b) of Schedule 2 and the additional condition referred to in that paragraph and specified in paragraph 12(1)(b) of that Schedule in respect of that period.

19

The amount only of the disability premium applicable by virtue of F55paragraph 11(1)(b) of Schedule 2 as specified in paragraph 15(4)(b) of that Schedule.

F27Persons who have commenced remunerative work19A

A person to whom regulation 6(5) (persons not treated as in remunerative work) applies.

F2819A

1

Subject to sub-paragraph (2), the lowest of either—

a

the amount determined in accordance with—

i

Schedule 3 (housing costs); or

ii

as the case may be, Schedule 2 to the Jobseeker’s Allowance Regulations 1996 (housing costs),

which was applicable to the claimant or his partner immediately before he or his partner commenced the remunerative work referred to in regulation 6(5)(a); or

b

the amount of income support or, as the case may be, income-based jobseeker’s allowance which the claimant or his partner was entitled to in the benefit week immediately before the benefit week in which he or his partner commenced the remunerative work referred to in regulation 6(5)(a) or, where he or his partner was in receipt of a training allowance in that benefit week, the amount of income support or income-based jobseeker’s allowance which he would have been entitled to in that week had he not been in receipt of a training allowance.

2

Nothing in sub-paragraph (1) shall prevent any adjustment being made to the amount referred to in (a) or, as the case may be, (b) of that sub-paragraph during the period referred to in regulation 6(6), in order to reflect changes during that period to the amounts prescribed in Schedule 2 F33... or in this Schedule or to reflect changes in circumstances during that period relating to the matters specified to in sub-paragraph (3).

3

The changes in circumstances referred to in sub-paragraph (2) are changes to the amount of housing costs to be met in accordance with Schedule 3 in the claimant’s case occasioned by—

a

the claimant becoming entitled to income support for a continuous period of 26 weeks or more;

b

a change to the standard interest rate; or

c

any non-dependant deduction becoming applicable, or ceasing to be applicable.

4

In sub-paragraph (1), a reference to the claimant or his partner being entitled to and in receipt of an income-based jobseeker’s allowance or to an amount being applicable to either of them under the Jobseeker’s Allowance Regulations 1996 shall include a reference to the claimant and his partner being entitled to, and in receipt of, a joint-claim jobseeker’s allowance and to an amount being applicable to that couple under those Regulations.

Rounding of fractions20

Where any calculation under this Schedule or as a result of income support being awarded for a period less than one complete benefit week results in a fraction of a penny that fraction shall be treated as a penny.