SCHEDULE 1PERSONS NOT REQUIRED TO BE AVAILABLE FOR EMPLOYMENT
Lone parentsI11
A person who is a lone parent and responsible for a child who is a member of his household.
Single persons looking after foster childrenI22
Persons temporarily looking after another personI33
A person who is—
a
looking after a child because the parent of that child or the person who usually looks after him is ill or is temporarily absent from his home; or
b
looking after a member of the family who is temporarily ill.
Persons caring for another personI44
A person who is regularly and substantially engaged in caring for another person if—
a
the person doing the caring is in receipt of an invalid care allowance under section 37 of the Social Security Act F3; or
b
the person being cared for is in receipt of attendance allowance under section 35 of that Act; or
c
the person being cared for has claimed attendance allowance under that section but only for the period up to the date of determination of that claim, or the period of 26 weeks from the date of that claim, whichever date is the earlier.
Persons incapable of workI5F1795
A person who provides evidence of incapacity in accordance with regulation 2 of the Social Security (Medical Evidence) Regulations 1976 (evidence of incapacity for work) in support of a claim for sickness benefit, invalidity pension or severe disablement allowance within the meaning of sections 14, 15 or 36 of the Social Security Act, provided that an adjudication officer has not determined that that person is not incapable of work, or a person who is in receipt of statutory sick pay within the meaning of Part I of the Social Security and Housing Benefits Act 1982.
Disabled workersI66
A person who is mentally or physically disabled and whose earning capacity is, by reason of that disability, reduced to 75 per cent or less of what he would, but for that disability, be reasonably expected to earn.
Disabled studentsI77
A person who is a student and who, by reason of any mental or physical disability, would, in comparison with other students, be unlikely to obtain employment within a reasonable period of time.
Blind personsI88
A person who is a blind person registered in a register compiled by a local authority under section 29 of the National Assistance Act 1948 F4 (welfare services) or, in Scotland, who has been certified as blind in a register maintained by or on behalf of a regional or islands council, but a person who has ceased to be so registered on regaining his eyesight shall nevertheless be treated as so registered for a period of 28 weeks following the date on which he ceased to be so registered.
PregnancyI99
A woman who—
a
is incapable of work by reason of pregnancy; or
b
is or has been pregnant but only for the period commencing 11 weeks before her expected week of confinement and ending seven weeks after the date on which her pregnancy ends.
Persons in educationI1010
A person to whom any provision of regulation 13(2)(a) to (e) (persons receiving relevant education who are parents, persons severely handicapped, orphans and persons estranged from their parents or guardian) applies.
Training allowancesI1111
A person who is in receipt of a training allowance.
Open University studentsI1212
A person who is following an Open University course and is attending, as a requirement of that course, a residential course.
Persons within 10 years of pensionable ageI1313
A person F180aged not less than 50 who—
a
has not been in remunerative work during the previous 10 years; and
b
has no prospect of future employment in remunerative work; and
c
during that period has not been required to be available for employment in accordance with section 20(3)(d)(i) of the Act (conditions of entitlement to income support), or would not have been so required had a claim to income support been made by or in respect of him.
Persons aged 60I1414
A person aged not less than 60.
Allowances under the Job Release Act 1977F181I1515
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
RefugeesI1616
Notwithstanding that he would otherwise be a student, a person who is a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 F5 as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967 F6 and who—
a
is attending for more than 15 hours a week a course for the purpose of learning English so that he may obtain employment; and
b
on the date on which that course commenced, had been in Great Britain for not more than 12 months,
but only for a period not exceeding nine months.
Persons required to attend courtI1717
A person who is required to attend court for any period exceeding two days as a justice of the peace, a party to any proceedings, a witness or a juror.
Discharged prisonersI1818
A person who has been discharged from detention in a prison, remand centre or youth custody institution but only for the period of seven days commencing with the date of his discharge.
Persons affected by a trade disputeI1919
A person to whom section 23 of the Act (trade disputes) applies or in respect of whom section 20(3) of the Act (conditions of entitlement to income support) has effect as modified by F76section 23A(b) of the Act (effect of return to work).
Persons from abroadI2020
A person to whom regulation 70(3) (applicable amount of certain persons from abroad) applies.
Persons in custodyI2121
A person remanded in, or committed in, custody for trial or for sentencing.
F111Member of couple looking after children while other member temporarily abroad22
A person who is a member of a couple and who is treated as responsible for a child who is a member of his household where the other member of that couple is temporarily F182not present in the United Kingdom.
F110SCHEDULE 1ACIRCUMSTANCES IN WHICH A PERSON AGED 16 OR 17 IS ELIGIBLE FOR INCOME SUPPORT
PART IPERS0NS ELIGIBLE UNTIL 18
1
A person who is not required to be available for employment under any of the following paragraphs of Schedule 1 (persons not required to be available for employment)–
paragraph 1 | (lone parents) |
paragraph 2 | (single persons looking after foster children) |
paragraph 3 | (persons temporarily looking after another person) |
paragraph 4 | (persons caring for another person) |
paragraph 8 | (blind persons) |
paragraph 9 | (pregnancy) |
paragraph 10 | (persons in education) |
paragraph 11 | (training allowances) |
paragraph 16 | (refugees) |
paragraph 20 | (persons from abroad). |
paragraph 22 | (member of couple looking after children while other member temporarily abroad). |
2
A person who is incapable of work and training under the youth training scheme, by reason of some disease or bodily or mental disablement if, in the opinion of a medical practitioner, that incapacity is unlikely to end within 12 months because of the severity of that disease or disablement.
3
A person who is a member of a couple and is treated as responsible for a child who is a member of his household.
4
A person who is temporarily laid off employment and is available to be re-engaged in that employment.
PART IIPERS0NS ELIGIBLE UNTIL THE RELEVANT DATE DETERMINED UNDER REGULATION 13A(3)(b)
5
A registered person who is a member of a married couple where the other member of that couple is aged not less than 18 or is a registered person or a person to whom Part I of this Schedule applies.
6
A registered person who has no parent nor any person acting in the place of his parents.
7
A registered person who–
a
is not living with his parents nor any person acting in the place of his parents; and
b
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 applied or under the Criminal Procedure (Scotland) Act 1975 immediately before he attained the age of 16.
8
A registered person who is in accommodation which is other than his parental home, or the home of a person acting in the place of his parents, who entered that accommodation–
a
as part of a programme of rehabilitation or resettlement, that programme being under the supervision of the probation service or a local authority; or
b
in order to avoid physical or sexual abuse; or
c
because of a mental or physical handicap or illness and needs such accommodation because of his handicap or illness.
9
A registered person who 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–
a
chronically sick or mentally or physically disabled; or
b
detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court; or
c
prohibited from entering or re-entering Great Britain.
F2419A
A registered person who of necessity has to live away from his parents or any person acting in the place of his parents because–
a
he is estranged from his parents or that person; or
b
he is in physical or moral danger; or
c
there is a serious risk to his physical or mental health.
10
In this Schedule–
a
any reference to a person acting in the place of a registered person’s parents includes a reference to a local authority or voluntary organisation where the registered person is in their care under a relevant enactment, or to a person with whom the registered person is boarded out by a local authority or voluntary organisation whether or not any payment is made by them; and
b
“chronically sick or mentally or physically disabled” has the same meaning as in regulation 13(3)(b) (circumstances in which persons in relevant education are to be entitled to income support).
SCHEDULE 2APPLICABLE AMOUNTS
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
PART Ipersonal allowances
I221
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 17F113(1)(a) and F11718(1) and (b) (applicable amounts and polygamous marriages).
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I232
PART IIfamily premium
I243
PART IIIpremiums
I254
I265
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.
I276
1
The severe disability premium to which paragraph 13 applies may be applicable in addition to either the higher pensioner premium to which paragraph 10 applies or the disability premium to which paragraph 11 applies.
2
The disabled child premium to which paragraph 14 applies may be applicable in addition to any other premium which may apply under this Schedule.
I287
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 F7 applies, for any period during which, apart from the provisions of those Regulations, he would be in receipt of that benefit; and
Lone Parent PremiumI298
The condition is that the claimant is a member of a family but has no partner.
Pensioner PremiumI309
The condition is that the claimant—
a
is a single claimant or lone parent aged not less than 60 but less than 80; or
b
has a partner and is, or his partner is, aged not less than 60 but less than 80.
Higher Pensioner PremiumI3110
1
Where the claimant is a single claimant or a lone parent, the condition is that—
a
he is aged not less than 80; or
b
he is aged less than 80 but not less than 60, and
i
the additional condition specified in paragraph 12(1)(a) F77or (c) is satisfied; or
ii
he was entitled to income support and the disability premium was applicable to him in respect of a benefit week within eight weeks of his 60th birthday and he has, subject to sub-paragraph (3), remained continuously entitled to income support since attaining that age.
2
Where the claimant has a partner, the condition is that—
a
he or his partner is aged not less than 80; or
b
he or his partner is aged less than 80 but not less than 60 and either—
i
the additional condition specified in paragraph 12(1)(a) F77or (c) is satisfied by whichever of them is aged not less than 60; or
ii
he was entitled to income support and the disability premium was applicable to him in respect of a benefit week within eight weeks of his 60th birthday and he has, subject to sub-paragraph (3), remained continuously entitled to income support since attaining that age.
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 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 sub-paragraphs (1)(b)(ii) and (2)(b)(ii) are concerned, if a claimant ceases to be entitled to income support for a period not exceeding eight weeks which includes his 60th birthday, he shall, on becoming re-entitled to income support, thereafter be treated as having been continuously entitled thereto.
Disability PremiumI3211
The condition is that—
a
where the claimant is a single claimant or a lone parent, he is aged less than 60 and the additional condition specified in paragraph 12 is satisfied; or
b
where the claimant has a partner, either—
i
the claimant is aged less than 60 and the additional condition specified in paragraph F7812(1)(a), (b) or (c) is satisfied by him; or
ii
his partner is aged less than 60 and the additional condition specified in paragraph 12(1)(a) F79or (c) is satisfied by his partner.
Additional condition for the Higher Pensioner and Disability PremiumsI3312
1
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, mobility allowance, mobility supplement, invalidity pension under section 15 of the Social Security Act F9, or severe disablement allowance under section 36 of that Act F10F80but, in the case of invalidity pension 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 F11 (other services) or, in Scotland, under section 46 of the National Health Service (Scotland) Act 1978 F12 (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 F13 (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
F183b
the circumstances of the claimant fall, and have fallen, in respect of a continuous period of not less than 28 weeks, within paragraph 5 of Schedule 1 or, if he was in Northern Ireland for the whole or part of that period, within one or more comparable Northern Irish provisions;
c
the claimant or, as the case may be, his partner was in receipt of either—
i
mobility allowance or invalidity pension under section 15 of the Social Security Act when entitlement to that benefit ceased solely on account of the maximum age for its payment being reached and the claimant has since remained continuously entitled to income support and, if the mobility allowance or invalidity pension was payable to his partner, the partner is still alive; or
ii
except where paragraph 1(a), (b), (c)(ii) or (d)(ii) of Schedule 7 (patients) applies, attendance allowance which is no longer in payment solely on account of the claimant or, as the case may be, his partner having undergone or having been treated as undergoing treatment for a period of more than four weeks by virtue of regulation 5 of the Social Security (Attendance Allowance) (No. 2) Regulations 1975 F14
and, in either case, the higher pensioner premium or disability premium has been applicable to the claimant or his partner.
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.
3
For the purposes of sub-paragraph (1)(b), once the disability premium is applicable to a 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 treated as incapable of work for the purposes of the provisions specified in that provision he shall, on again becoming so incapable of work, immediately thereafter be treated as satisfying the condition in sub-paragraph (1)(b).
4
For the purpose of sub-paragraph (1)(c), 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 sub-paragraph (1)(c).
F1565
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.
Severe Disability PremiumI3413
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 claimant or a lone parent—
i
he is in receipt of attendance allowance, and
ii
subject to sub-paragraph (3), he has no non-dependants aged 18 or over residing with him, and
iii
no-one is in receipt of an invalid care allowance under section 37 of the Social Security Act F15 in respect of caring for him;
b
if he has a partner—
i
he is in receipt of attendance allowance; 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
iii
subject to sub-paragraph (3), he has no non-dependants aged 18 or over residing with him,
and, either there is someone in receipt of an invalid care 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 maybe, there is no one in receipt of such an allowance in respect of caring for either member of the couple or any partner of the polygamous marriage.
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 allowance; or
b
a person to whom regulation 3(3) (non-dependants) applies; or
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.
F813A
For the purposes of sub-paragraph (2)(b) a person shall be treated as being in receipt of—
a
attendance allowance if he would, but for his being a patient for a period exceeding 28 days, be so in receipt;
b
invalid care allowance if he would, but for the person for whom he was caring being a patient in hospital for a period exceeding 28 days, be so in receipt.
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.
Disabled Child PremiumI3514
The condition is that a 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—
a
has no capital or capital which, if calculated in accordance with Part V in like manner as for the claimant, except where otherwise provided, would not exceed C3£3,000; and
b
is in receipt of attendance allowance or mobility allowance or both 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; or
c
is blind or treated as blind within the meaning of paragraph 12(1)(a)(iii) and (2).
F112Persons in receipt of concessionary payments14A
For the purpose of determining whether a premium is applicable to a person under paragraphs 12 to 14, 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.
I158PART IVweekly amounts of premiums specified in part iii
Sch. 2 Pt. IV in force at 11.4.1988, see reg. 1
Sch. 2 Pt. IV sums substituted (coming into force in accordance with art. 1(3) of the amending S.I.) by The Social Security Benefits Up-rating Order 1989 (S.I. 1989/43), arts. 1(3), 15(5), Sch. 4 (with art. 20)
Words in Sch. 2 para. 15(5)(b)(i) added (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 29(e)
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PART Vrounding of fractions
I3616
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.
SCHEDULE 3HOUSING COSTS
Eligible Housing CostsI371
Subject to the following provisions of this Schedule, the amounts which may be applicable to a person in respect of mortgage interest payments or other prescribed housing costs under F122regulation 17(1)(e) or 18(1)(f) (applicable amounts) are—
a
mortgage interest payments;
F157aa
interest payments under a hire purchase agreement to buy the dwelling occupied as a home;
b
interest on loans for repairs and improvements to the dwelling occupied as the home;
F83c
payments by way of rent or ground rent relating to a long tenancy and, in Scotland, payments by way of feu duty,
d
payments under a co-ownership scheme;
e
payments under or relating to a tenancy or licence of a Crown tenant;
f
service charges;
g
where the dwelling occupied as the home is a tent, payments in respect of the tent and the site on which it stands;
h
payments analogous to those mentioned in this paragraph.
Basic condition of entitlement to housing costsI382
Subject to the following provisions of this Schedule, the housing costs referred to in paragraph 1 shall be met where the claimant, or if he is one of a family, he or any member of his family is treated as responsible for the expenditure to which that cost relates in respect of the dwelling occupied as the home which he or any member of his family is treated as occupying.
Circumstances in which a person is treated as responsible for housing costsI393
1
A person is to be treated as responsible for the expenditure which relates to housing costs where—
a
he or his partner is liable to meet those costs other than to a member of the same household;
b
because the person liable to meet those costs is not doing so, he has to meet those costs in order to continue to live in the dwelling occupied as the home and either he was formerly the partner of the person liable, or he is some other person whom it is reasonable to treat as liable to meet the cost;
c
he in practice shares those costs with other members of his household, other than close relatives of his or his partner, at least one of whom either is responsible under the preceding provisions of this paragraph or has an equivalent responsibility for housing benefit expenditure and for which it is reasonable in the circumstances to treat him as sharing responsibility.
2
Where any one or more, but not all, members of the claimant's family are affected by a trade dispute, the housing costs shall be treated as those of those members of the family not so affected.
Circumstances in which a person is or is not to be treated as occupying a dwelling as his homeI404
1
Subject to the following provisions of this paragraph, a person shall be treated as occupying as his home the dwelling normally occupied as his home by himself or, if he is a member of a family, by himself and his family and he shall not be treated as occupying any other dwelling as his home.
2
In determining whether a dwelling is the dwelling normally occupied as the claimant's home for the purposes of sub-paragraph (1) regard shall be had to any other dwelling occupied by the claimant or by him and his family whether or not that dwelling is in Great Britain.
3
Subject to sub-paragraph (4) where a single claimant or a lone parent is a student or is on a training course and is liable to make payments (including payments of mortgage interest or, in Scotland, payments under heritable securities or, in either case, analogous payments) in respect of either (but not both) the dwelling which he occupies for the purpose of attending his course of study or his training course or, as the case may be, the dwelling which he occupies when not attending his course, he shall be treated as occupying as his home the dwelling in respect of which he is liable to make payments.
4
A full-time student shall not be treated as occupying a dwelling as his home for any week of absence from it, other than an absence occasioned by the need to enter hospital for treatment, outside the period of study, if the main purpose of his occupation during the period of study would be to facilitate attendance on his course.
5
Where a claimant has been required to move into temporary accommodation by reason of essential repairs being carried out to the dwelling normally occupied as his home and he is liable to make payments (including payments of mortgage interest or, in Scotland, payments under heritable securities or, in either case analogous payments) in respect of either (but not both) the dwelling normally occupied or the temporary accommodation, he shall be treated as occupying as his home the dwelling in respect of which he is liable to make payments.
6
Where a person is liable to make payments in respect of two (but not more than two) dwellings, he shall be treated as occupying both dwellings as his home only—
a
where he has left and remains absent from the former dwelling occupied as the home through fear of violence in that dwelling or by a former member of his family and it is reasonable that housing costs should be met in respect of both his former dwelling and his present dwelling occupied as the home; or
b
in the case of a couple or a member of a polygamous marriage where a partner is a student or is on a training course and it is unavoidable that he or they should occupy two separate dwellings and reasonable that housing costs should be met in respect of both dwellings;
c
in the case where a person has moved into a new dwelling occupied as the home, except where sub-paragraph (5) applies, for a period not exceeding four benefit weeks if his liability to make payments in respect of two dwellings is unavoidable.
7
Where a person—
a
has moved into a dwelling and was liable to make payments in respect of that dwelling before moving in; and
b
had claimed income support before moving in and either that claim has not yet been determined or it has been determined but an amount has not been included under this Schedule and if the claim has been refused a further claim has been made within four weeks of the date on which the claimant moved into the new dwelling occupied as the home; and
c
the delay in moving into the dwelling in respect of which there was liability to make payments before moving in was reasonable and—
i
that delay was necessary in order to adapt the dwelling to meet the disablement needs of the claimant or any member of his family; or
ii
the move was delayed pending the outcome of an application under Part III of the Act for a social fund payment to meet a need arising out of the move or in connection with setting up the home in the dwelling and either a member of the claimant's family is aged five or under or the claimant's applicable amount includes a premium under F185paragraph 9, 9A, 10, 11, 13 or 14 of Schedule 2; or
iii
the person became liable to make payments in respect of the dwelling while he was a patient or in residential accommodation, he shall be treated as occupying the dwelling as his home for any period not exceeding four weeks immediately prior to the date on which he moved into the dwelling and in respect of which he was liable to make payments.
8
A person shall be treated as occupying a dwelling as his home for a period not exceeding 52 weeks while he is temporarily absent therefrom only if—
a
he intends to return to occupy the dwelling as his home; and
b
the part of the dwelling normally occupied by him has not been let or, as the case may be, sub-let; and
c
the period of absence is unlikely to exceed 52 weeks, or, in exceptional circumstances, (for example where the person is in hospital or otherwise has no control over the length of his absence) is unlikely substantially to exceed that period.
9
In this paragraph—
a
“patient” means a person who is undergoing medical or other treatment as an in-patient in any hospital or similar institution;
b
“residential accommodation” means accommodation—
i
provided under sections 21 to 24 and 26 of the National Assistance Act 1948 F16 (provision of accommodation); or
ii
iii
provided under section 59 of the Social Work (Scotland) Act 1968 F18 (provision of residential and other establishments) where board is available to the claimant; or
iv
which is a residential care home within the meaning of that expression in regulation 19(3) (persons in residential care or nursing homes) other than sub-paragraph (b) of that definition; or
v
which is a nursing home;
c
“training course” means such a course as is referred to in sub-paragraph (c) of the definition of training allowance in regulation 2(1) (interpretation).
Circumstances in which no amount of housing costs may be metI415
No amount may be met under the provisions of this Schedule—
a
in respect of housing benefit expenditure; or
b
where the claimant is in accommodation to which either regulation 19 (applicable amounts for persons in residential care or nursing homes) or 20 (applicable amounts for persons in F187... hostels) applies, unless his absence from the dwelling occupied as his home in such accommodation is only temporary within the meaning of paragraph 4(8).
Apportionment of housing costsI426
1
Where—
a
for the purposes of section 48(5) of the General Rate Act 1967 F19 (reduction of rates on dwellings), it appears to a rating authority or it is determined in pursuance of sub-section (6) of that section 48 that the hereditament including the dwelling occupied as the home is a mixed hereditament and that only a proportion of the rateable value of the hereditament is attributable to use for the purpose of a private dwelling; or
b
in Scotland, an assessor acting pursuant to section 45(1) of the Water (Scotland) Act 1980 F20 (provision as to valuation roll) has apportioned the net annual value of the premises including the dwelling occupied as the home between the part occupied as a dwelling and the remainder,
the amounts applicable under this Schedule shall be such proportion of the amounts applicable in respect of the hereditament or premises as a whole as is equal to the proportion of the rateable value of the hereditament attributable to the part of the hereditament used for the purposes of a private tenancy or, in Scotland, the proportion of the net annual value of the premises apportioned to the part occupied as a dwelling house.
2
Where responsibility for expenditure which relates to housing costs met under this Schedule is shared, the amounts applicable shall be calculated by reference to the appropriate proportion of that expenditure for which the claimant is responsible.
Interest on loans to acquire an interest in the dwelling occupied as the homeI437
1
Subject to sub-paragraphs (2) to (9), the following amounts shall be met under this paragraph—
a
if the claimant or, if he is a member of a couple, or if a member of a polygamous marriage, he or any partner of his is aged 60 or over, 100 per cent of the eligible interest in his case;
b
F84except where sub-paragraph (1)(a) applies, if the claimant or, if he is a member of a couple, or if a member of a polygamous marriage, he and any partner of his are aged under 60—
i
where the claimant has been in receipt of income support in respect of a continuous period of not less than 16 weeks, 100 per cent of the eligible interest in his case;
ii
in any other case, 50 per cent of the eligible interest in that case.
2
Where in a case to which sub-paragraph (1)(b)(ii) applies—
a
either—
i
the claim for income support is refused; or
ii
an award of income support is terminated on appeal or review, solely because the claimant's income exceeds his applicable amount by virtue of the fact that only 50 per cent of the eligible interest in his case is to be met under sub-paragraph (1)(b)(ii); and
b
the claimant or any partner of his makes a further claim no later than 20 weeks after—
i
where the original claim for income support was refused, the date of that claim; or
ii
where an award of income support was terminated on appeal or review, the date of the claim in respect of which that award was made,
the amount to be met under this paragraph commencing on a date not before the expiry of 16 weeks from the date specified in (i) or (ii) above, as the case may be, shall be 100 per cent of the eligible interest in that case and until that date shall be the amount specified in sub-paragraph (1)(b)(ii).
3
Subject to sub-paragraphs F158(3A) to (6), in this paragraph “eligible interest” means the amount of interest on a loan, whether or not secured by way of a mortgage or, in Scotland, under a heritable security, taken out to defray money applied for the purpose of—
a
acquiring an interest in the dwelling occupied as the home; or
b
paying off another loan but only to the extent that interest on that other loan would have been eligible interest had the loan not been paid off.
F1593A
For the purpose of this paragraph any reference to a loan includes a reference to payments specified in paragraph 1(aa).
4
Subject to sub-paragraphs F160(3A), (5) and (6) and paragraph 6, the amount of eligible interest in any case shall be the amount, calculated on weekly basis, of—
a
where, or in so far as, section 26 of the Finance Act 1982 F21 (deduction of tax from certain loan interest) applies to the payments of interest on the loan, the interest which is payable after deduction of a sum equal to income tax thereon at the basic rate for the year of assessment in which the payment of interest becomes due;
b
in any other case the interest which is payable on the loan without deduction of such a sum.
5
Where a loan is applied only in part for the purpose specified in F161sub-paragraphs (3) and (3A), only such proportion of the interest thereon as is equal to the proportion of the loan applied for that purpose shall qualify as eligible interest.
6
Where, under the terms of a loan taken out for a purpose specified in F162sub-paragraphs (3) and (3A), interest is payable on accumulated arrears of interest (whether or not those arrears have been consolidated with the outstanding capital), the amount of such interest shall be met under this paragraph as if it were eligible interest but only in so far as it represents interest on arrears incurred during any period—
a
when sub-paragraph (1)(b)(ii) applied in that case; or
b
when the claimant was not entitled to income support which fell within the period of 20 weeks specified in sub-paragraph (2)(b),
and, in either case, only to the extent that arrears do not exceed 50 per cent of the eligible interest that otherwise would have been payable during the period in question.
7
Where a person who was formerly one of a couple or a polygamous marriage—
a
has taken out, either solely or jointly with his former partner, a loan secured on the dwelling occupied as the home for a purpose other than one specified in F163sub-paragraphs (3) and (3A); and
b
has left the dwelling occupied as the home and either cannot or will not pay the interest on the loan,
and, if that person's former partner has to pay the interest on the loan in order to continue to live in the dwelling occupied as the home, there shall be met in respect of the former partner under this paragraph the amount of interest on the loan calculated as if it were a loan taken out for a purpose specified in F163sub-paragraphs (3) and (3A).
8
Where an amount is met under this paragraph, if, notwithstanding that the amount of interest payable is reduced by virtue of—
a
a reduction in interest rates; or
b
a reduction in the amount of loan capital outstanding,
the amount of instalments which the borrower is liable to pay remains constant, the amount met shall not be adjusted to take account of the new amount of interest payable except where a determination is subsequently reviewed under section 104(1)(b) of the Social Security Act F22 (review of decisions).
9
For the purpose of sub-paragraph (1)—
a
a person shall be treated as being in receipt of income support during the following periods—
i
any period in respect of which it was subsequently held, on appeal or review, that he was so entitled; and
ii
any period of eight weeks or less in respect of which he was not in receipt of income support and which fell immediately between periods in respect of which he was in receipt thereof or to which (i) above applies;
b
a person shall be treated as not being in receipt of income support during any period other than a period to which (a)(ii) above applies in respect of which it is subsequently held on appeal or review that he was not so entitled;
c
where the claimant—
i
was a member of a couple or a polygamous marriage; and
ii
his partner was, in respect of a past period, in receipt of income support for himself and the claimant; and
iii
the claimant is no longer a member of that couple or polygamous marriage; and
iv
the claimant made his claim for income support within eight weeks of ceasing to be a member of that couple or polygamous marriage,
he shall be treated as having been in receipt of income support for the same period as his former partner had been or had been treated, for the purposes of sub-paragraph (1), as having been;
d
where the claimant's partner's applicable amount was determined in accordance with paragraph 1(1) (single claimants) or paragraph 1(2) (lone parent) of Schedule 2 (applicable amounts) in respect of a past period, provided that the claim was made within eight weeks of the claimant and his partner becoming one of a couple or polygamous marriage, the claimant shall be treated as having been in receipt of income support for the same period as his partner had been or had been treated, for the purposes of sub-paragraph (1), as having been;
e
where the claimant is a member of a couple or a polygamous marriage and his partner was, in respect of a past period in receipt of income support for himself and the claimant, and the claimant has become in receipt as a result of an election by the members of the couple or polygamous marriage, he shall be treated as having been in receipt of income support for the same period as his partner had been or had been treated, for the purposes of sub-paragraph (1), as having been.
F123f
where—
i
the claimant was a member of a family of a person (not being a former partner) entitled to income support and at least one other member of that family was a child or young person; and
ii
the claimant becomes a member of another family which includes that child or young person; and
iii
the claimant made his claim for income support within 8 weeks of the date on which the person entitled to income support mentioned in (i) above ceased to be so entitled,
the claimant shall be treated as being in receipt of income support for the same period as that person had been or had been treated, for the purposes of sub-paragraph (1), as having been.
Interest on loans for repairs and improvements to the dwelling occupied as the homeI448
1
Subject to sub-paragraph (2), there shall be met under this paragraph an amount in respect of interest payable on a loan which is taken out, with or without security, for the purpose of—
a
carrying out repairs or improvements to the dwelling occupied as the home; or
b
paying off another loan but only to the extent that interest on that other loan would have been met under this paragraph had the loan not been paid off,
and which is used for that purpose or is to be so used within six months of the date of receipt or such further period as is reasonable, and the amount to be met under this paragraph shall be calculated as if the loan were a loan to which paragraph 7 applied.
2
Subject to sub-paragraph (4), where the claimant has capital in excess of £500, the excess shall be set against the amount or the aggregate of the amounts borrowed and interest allowed only by reference to any balance.
3
In this paragraph “repairs and improvements” means major repairs necessary to maintain the fabric of the dwelling occupied as the home and any of the following measures undertaken with a view to improving its fitness for occupation—
a
installation of a fixed bath, shower, wash basin, sink or lavatory and necessary associated plumbing;
b
damp proofing measures;
c
provision or improvement of ventilation and natural lighting;
d
provision of electric lighting and sockets;
e
provision or improvement of drainage facilities;
f
improvement in the structural condition of the dwelling occupied as the home;
g
improvements to the facilities for storing, preparing and cooking food;
h
provision of heating, including central heating;
i
provision of storage facilities for fuel and refuse;
j
improvements to the insulation of the dwelling occupied as the home;
k
other improvements which are reasonable in the circumstances.
4
For the purposes of sub-paragraph (2) no account shall be taken of capital which is disregarded by virtue of paragraph 1, 2, 4 to 6, 8(b), 9(a), 10 to 18F164, 20 or 22 to 34 of Schedule 10 (capital to be disregarded).
Other housing costsI459
1
Subject to sub-paragraph (5), there shall be met under this paragraph the amounts, calculated on a weekly basis, in respect of the housing costs specified in paragraph 1(c) to (h) subject to the deductions specified in sub-paragraph (2).
2
Subject to sub-paragraph (3), the deductions to be made from the weekly amounts to be met under this paragraph are—
a
where the costs are inclusive of any of the items mentioned in paragraph 5(2) to Schedule 1 of the Housing Benefit (General) Regulations 1987 F23 (payment in respect of fuel charges), the deductions prescribed in that paragraph unless the claimant provides evidence on which the actual or approximate amount of the service charge for fuel may be estimated, in which case the estimated amount;
b
where the costs are inclusive of ineligible service charges within the meaning of paragraph 1 to Schedule 1 of the Housing Benefit (General) Regulations 1987 (ineligible service charges) the amounts attributable to those ineligible service charges or where that amount is not separated from or separately identified within the housing costs to be met under this paragraph, such part of the payments made in respect of those housing costs which are fairly attributable to the provision of those ineligible services having regard to the costs of comparable services.
3
Where arrangements are made for the housing costs mentioned in paragraph 1(c) to (g), payable for a year, to be paid for 53 weeks, or irregularly, or so that no such costs are payable for or collected in certain periods, or so that the costs for different periods in the year are of different amounts, the weekly amount shall be the amount payable for the year divided by 52.
4
Where as compensation for work carried out by way of reasonable repairs or redecoration which are not normally the responsibility of the claimant or other member of his family, payment of the costs mentioned in paragraph 1(c) to (g) are waived, they shall, for a period not exceeding eight weeks, be treated as payable.
5
Where an amount calculated on a weekly basis in respect of housing costs specified in paragraph 1(e) (Crown tenants) includes amounts in respect of water charges or eligible rates (or both) within the meaning of regulation 9 of the Housing Benefit (General) Regulations 1987 F24, that amount shall be reduced by—
a
where the amount payable is known—
i
in respect of water charges, that amount;
ii
in respect of eligible rates, 20 per cent of that amount calculated on a weekly basis;
b
in any other case—
i
in respect of water charges, the amount which would be the likely charge had the property not been occupied by a Crown tenant;
ii
in respect of eligible rates, 20 per cent of the amount which would be the likely eligible rates had the property not been occupied by a Crown tenant,
calculated on a weekly basis.
6
For the purposes of paragraph (5) “water charges” means charges or rates in respect of water and, except in Scotland, of sewerage and allied environmental services.
Restriction on meeting housing costs under this ScheduleI4610
1
Subject to sub-paragraph (2), where—
a
the dwelling occupied as the home is occupied with security of tenure, that is to say—
i
under a protected or statutory tenancy for the purposes of the Rent Act 1977 F25 or the Rent (Scotland) Act 1984 F26, excluding any case in which the tenant has been given a notice to which any Case in Part II of Schedule 15 to the Act of 1977 or, as the case may be, Part II of Schedule 2 to the Act of 1984 (cases in which Court must order possession where dwelling-house subject to regulated tenancy) applies;
ii
iii
where the tenant is a protected occupier or statutory tenant for the purposes of the Rent (Agriculture) Act 1976 F29; or
iv
under a crofting tenancy for the purposes of the Crofters (Scotland) Acts 1955 and 1961 F30;
b
the claimant or, if he is a member of a family, any member of the family acquires some other interest in the dwelling occupied as the home; and
c
in consequence of the acquisition the aggregate of any amounts which would, but for this paragraph, be applicable under paragraphs 7, 8 and 9 exceed the amount of the eligible rent for the purposes of regulation 10 of the Housing Benefit (General) Regulations 1987 (rent) immediately before the acquisition,
the aggregate amount so applicable shall initially be restricted to the amount of the eligible rent immediately before the acquisition and shall be increased subsequently only to the extent that this is necessary to take account of any increase, after the date of the acquisition, in expenditure on any housing costs.
2
Sub-paragraph (1)—
a
shall not apply where the claimant or the member of the family became liable to complete the acquisition at a time when income support was not payable in respect of him;
b
shall cease to apply if its application becomes inappropriate by reason of any major change in the circumstances of the family affecting their ability to meet expenditure on housing costs;
c
shall cease to apply where income support ceases to be payable in respect of the claimant or his family except that it shall reapply wherever income support again becomes payable within a period of eight weeks or less.
3
Where the amounts to be met under paragraphs 7 to 9 and, subject to any deduction applicable under paragraph 11 are excessive, they shall be subject to restriction in accordance with sub-paragraphs (4) to (6).
4
Subject to sub-paragraphs (5) and (6), the amounts to be met shall be regarded as excessive and shall be restricted and the excess not allowed, if and to the extent that—
a
the dwelling occupied as the home, excluding any part which is let F188..., is larger than is required by the claimant and his family and any child or young person to whom regulation 16(4) applies (foster children) and any other non-dependants having regard, in particular, to suitable alternative accommodation occupied by a household of the same size; or
b
the immediate area in which the dwelling occupied as the home is located is more expensive than other areas in which suitable alternative accommodation exists; or
c
the outgoings of the dwelling occupied as the home in respect of which the amounts to be met under paragraphs 7 to 10 are higher than the outgoings of suitable alternative accommodation in the area.
5
Where, having regard to the relevant factors, it is not reasonable to expect the claimant and his family to seek alternative cheaper accommodation no restrictions shall be made under this paragraph.
6
Where sub-paragraph (5) does not apply and the claimant (or other member of the family) was able to meet the financial commitments for the dwelling occupied as the home when these were entered into, no restriction shall be made under this paragraph during the first six months of any period of entitlement to income support nor during the next six months if and so long as the claimant uses his best endeavours to obtain cheaper accommodation.
7
In this paragraph “the relevant factors” are—
a
the availability of suitable accommodation and the level of housing costs in the area; and
b
the circumstances of the family including in particular the age and state of health of its members, the employment prospects of the claimant and, where a change in accommodation is likely to result in a change of school, the effect on the education of any child or young person who is a member of his family, or any child or young person who is not treated as part of his family by virtue of regulation 16(4) (foster children).
Non-dependant deductionsI4711
1
Subject to the following provisions of this paragraph, the following deductions from the amount to be met under the preceding paragraphs of this Schedule in respect of housing costs shall be made in respect of a non-dependant F192or a person who lives in board and lodging accommodation—
a
in respect of a non-dependant aged 18 or more who is in remunerative work or is a person to whom regulation 3(3) applies (non-dependants) F193and in respect of a person who lives in board and lodging accommodation aged 18 or over—
i
where the claimant or his partner is a Crown tenant and paragraph 9(5)(a)(ii) or (b)(ii) applies, F190£12.50;
ii
in any other case, F190£9.15.
2
In the case of a non-dependant aged 18 or more to whom sub-paragraph (1)(a) applies because he is in remunerative work F194and of a person who lives in board and lodging accommodation aged 18 or over in remunerative work, where the claimant satisfies the adjudication officer that the non-dependant's gross weekly income F194or that of the person in board and lodging accommodation is less than F191£52.10, the deduction to be made under this paragraph shall be the deduction specified in sub-paragraph (1)(b) appropriate in his case.
3
Only one deduction shall be made under this paragraph in respect of a couple or, as the case may be, the members of a polygamous marriage, and where a different amount or no amount would, but for this sub-paragraph, fall to be deducted in respect of the members of the couple or polygamous marriage as individuals, the higher deduction shall be made.
4
In applying the provisions of sub-paragraph (2) in the case of a couple or, as the case may be, a polygamous marriage, regard shall be had, for the purpose of sub-paragraph (2) to the couple's or, as the case may be, all the members of the polygamous marriage's, joint weekly income.
5
Where a person is a non-dependant in respect of more than one joint occupier of a dwelling (except where the joint occupiers are a couple or members of a polygamous marriage), the deduction in respect of that non-dependant shall be apportioned between the joint occupiers (the amount so apportioned being rounded to the nearest penny) having regard to the number of joint occupiers and the proportion of the housing costs in respect of the dwelling occupied as the home payable by each of them.
6
No deduction shall be made in respect of any non-dependants occupying the dwelling occupied as the home of the claimant, if the claimant or any partner of his is—
a
blind or treated as blind by virtue of paragraph 12 of Schedule 2 (additional condition for the higher pensioner and disability premiums); or
b
receiving an attendance allowance.
7
No deduction shall be made in respect of a non-dependant—
a
if, although he resides with the claimant, it appears to the adjudication officer that the dwelling occupied as his home is normally elsewhere; or
b
c
if he is a full-time student during a period of study and he is not a person to whom regulation 3(3) applies; or
d
if he is aged under 25 and in receipt of income support and he is not a person to whom regulation 3(3) applies; or
e
in respect of whom a deduction in the calculation of a rent rebate or allowance falls to be made under regulation 63 of the Housing Benefit (General) Regulations 1987 (non-dependant deductions).
Rounding of fractionsI4812
Where any calculation made under this Schedule results in a fraction of a penny, that fraction shall be treated as a penny.
F172SCHEDULE 3APROTECTED SUM
Sch. 3A inserted (10.4.1989) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), reg. 1(1)(c), Sch. 1 para. 14, Sch. 2 (with reg. 28)
Interpretation1
1
In this Schedule—
F196“eligible housing benefit” means–
- a
for the period of 7 consecutive days beginning on 3rd April 1989, the amount of housing benefit to which the claimant or his partner was entitled in that period which relates to the board and lodging accommodation normally occupied as the home by him or, if he has a partner, by him and his partner;
- b
for the period of 7 consecutive days beginning on 10th April 1989 or, in a case to which paragraph 7(7)(b) applies, for the period of 7 consecutive days referred to in that paragraph, the amount of the claimant’s or his partner’s maximum housing benefit determined in accordance with regulation 61 of the Housing Benefit (General) Regulations 1987 (maximum housing benefit) which relates to that accommodation;
- a
“first week” means the benefit week beginning on a day during the period of 7 days commencing on 3rd April 1989;
“income support” includes any sum payable under Part II of the Income Support (Transitional) Regulations 1987;
“protected sum” means the amount applicable under this Schedule F197to a claimant who in the first week is living in board and lodging accommodation or who or whose partner is temporarily absent in that week from that accommodation;
F198“protected total” means–
- a
the total of the claimant’s applicable amount under regulation 20 (applicable amounts for persons in board and lodging accommodation) in the first week or, in a case to which paragraph 7(7) applies, if the protected person or any partner of his is temporarily absent from his accommodation in that week, the amount which would have fallen to be calculated under that regulation for that week as if there had been no temporary absence; and
- b
the amount of any eligible housing benefit for the period of 7 consecutive days beginning 3rd April 1989;
- a
“relevant provisions” means—
- a
regulation 17(1)(a) to (f) (applicable amounts);
- b
regulation 18(1)(a) to (g) (polygamous marriages);
- c
regulation 71(1)(a)(i) to (iv) (urgent cases);
- d
regulation 71(1)(d)(i) to (iii);
- e
in relation to a case to which paragraph 17(b)(ii) or (c)(i) of Schedule 7 (persons from abroad) applies, the regulations specified in that paragraph but as if the reference to regulation 17(1)(g) in that paragraph were omitted; or
- f
in relation to a case to which paragraph 17(d)(i) of that Schedule applies, the regulations specified in that paragraph but as if the reference to regulation 18 were a reference to regulation 18(1)(a) to (g) only;
- a
“second week” means the benefit week beginning on a day during the period of 7 days commencing on 10th April 1989.
F199“third week” means the benefit week beginning on a day during the period of 7 days commencing on 17th April 1989.
2
For the purposes of this Schedule—
a
in determining a claimant’s applicable amount in his first week, second week or any subsequent benefit week no account shall be taken of any reduction under regulation 22 (reduction in certain cases of unemployment benefit disqualification);
b
F195except in so far as it relates to any temporary absence to which paragraph 7(7) refers, where a change of circumstances takes effect in the claimant’s second week which, had it taken effect in the first week, would have resulted in a lesser applicable amount in respect of that week, his applicable amount in the first week shall be determined as if the change of circumstances had taken effect in that week.
Protected sum2
1
F200Subject to sub-paragraph (2) 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; and
b
any eligible housing benefit for the period F201of 7 consecutive days beginning 10th April 1989,
the protected sum applicable to the claimant shall be an amount equal to the difference.
F1732
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 10th April 1989,
the protected sum applicable to the claimant shall, subject to sub-paragraph (3), be an amount equal to X+Y+10 pence.
3
Where a claimant or his partner is, or both are, entitled in the first, second and third weeks to a relevant social security benefit or to more than one such benefit and consequent upon the Social Security Benefits Up-rating Order 1989 the claimant or his partner is, or both are, entitled to an increase in any one or more of those benefits in the third week, the protected sum under sub-paragraph (2) shall be increased by an amount equal to the difference between–
a
the amount of benefit or aggregate amount of those benefits to which the claimant or his partner is, or both are, entitled in the third week; and, if less,
b
the amount of benefit or aggregate amount of those benefits to which the claimant or his partner is, or both are, entitled in the second week.
4
In this paragraph–
“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;
“relevant social security benefit” means–
- a
child benefit;
- b
any benefit under the Social Security Act;
- c
war disablement pension;
- d
war widow’s pension;
- e
any payment under a scheme made under the Industrial Injuries and Diseases (Old Cases) Act 1975;
- f
any concessionary payment.
- a
Persons not entitled to a protected sum3
1
A protected sum shall not be applicable to a claimant where in the first week—
a
he is aged under 25 and, if he is a member of a couple, his partner is also aged under 25; and
b
he is required to be available for employment for the purposes of section 20(3)(d)(i) of the Act; and
c
he was not in receipt of supplementary benefit as a boarder on 24th November 1985; and
d
none of the conditions in paragraph 16(4) of Schedule 5 (applicable amounts of persons in board and lodging accommodation or hostels) applies to him.
F2022
A protected sum shall not be applicable to a claimant, F203unless he, or any partner of his, is entitled to housing benefit for the period of 7 consecutive days beginning 10th April 1989 or, where paragraph 7(7)(b) applies, for the period of 7 consecutive days referred to in that paragraph in respect of the board and lodging accommodation normally occupied as the home by him, or if he has a partner, by him and his partner.
F2023
Subject to paragraph 7, a protected sum shall not be applicable to a claimant where he changes or vacates his accommodation during the period of 7 consecutive days beginning 10th April 1989.
Period of application4
Subject to paragraph 7, the protected sum shall not be applicable to a claimant for more than—
a
in the case of a claimant who is a member of a family and that family includes a child or young person and during the first week that family was in accommodation not provided or secured by a local authority under section 63 or 65(2) or (3)(a) of the Housing Act 1985 or section 2 of the Housing (Scotland) Act 1987, a period of 52 weeks beginning with the second week;
b
in any other case, a period of 13 weeks beginning with the second week.
Reduction of protected sum5
1
Subject to F204sub-paragraphs (2) and (3), the protected sum shall be reduced by the amount of any increase, in a benefit week subsequent to the second week, in the claimant’s applicable amount determined in accordance with the relevant provisions.
2
Where regulation 22 (reduction in certain cases of unemployment benefit disqualification) ceases to apply to a claimant and as a result his applicable amount increases no account shall be taken of that increase.
F2053
Where by virtue of the coming into force of regulation 5 of the Income Support (General) Amendment Regulations 1989 the claimant’s applicable amount increases in his benefit week beginning on a day during the period of 7 days commencing on 9th October 1989, no account shall be taken of that increase.
Termination of protected sum6
Subject to paragraph 7, the protected sum shall cease to be applicable if—
a
that amount is reduced to nil under paragraph 5; or
b
the claimant changes or F206vacates his accommodation; or
c
the claimant ceases to be entitled to income support.
Protected persons7
1
Subject to sub-paragraph (2), for the purposes of this paragraph a protected person is a claimant, where—
a
in respect of the first week he is entitled to an increase under paragraph 7 of Schedule 5 (applicable amounts of persons in board and lodging accommodation or hostels) because either he or, if he is one of a couple or a member of a polygamous marriage, he or his partner satisfies any of the conditions in paragraph 8 of that Schedule; or
b
in the first week the claimant or, if he has a partner, either he or his partner—
i
is in need of personal care by reason of F207old age, mental or physical disablement, mental illness, or dependence on alcohol or drugs; and
ii
is receiving both board and personal care in accommodation other than a residential care home or nursing home or residential accommodation within the meaning of regulation 21(3) (special cases) or a hostel within the meaning of regulation 20(2) (applicable amounts for persons in board and lodging accommodation and hostels); and
iii
is in accommodation which he entered under arrangements for his personal care made by a statutory authority or a voluntary or charitable body and those arrangements are being supervised on a continuing basis by that authority or body; or
c
he or, if he has a partner, either he or his partner but for his temporary absence from his accommodation for a period not exceeding 13 weeks, which includes the first week, would have satisfied (a) or (b) above.
2
A claimant is not a protected person if he or, if he has a partner, he or his partner, in the first week, is temporarily living in board and lodging accommodation and that accommodation is not the accommodation normally occupied as the home.
3
Paragraph 4 shall not apply to a protected person.
4
Paragraph 6(b) shall not apply to a protected person if:
a
he moves to accommodation where he satisfies conditions (i) to (iii) of sub-paragraph (1)(b); or
b
he becomes a patient within the meaning of regulation 21(3); or
c
on his ceasing to be a patient within the meaning of regulation 21(3), either he returns to the accommodation which he occupied immediately before he became a patient, or he moves to other accommodation where he satisfies conditions F208(i) to (iii) of sub-paragraph (1)(b); or
d
in a case to which sub-paragraph (6) applies, on his becoming re-entitled to income support, he is either in the accommodation which he occupied immediately before he ceased to be entitled to income support, or in accommodation where he satisfies conditions (i) to (iii) of sub-paragraph (1)(b).
F1755
Except where sub-paragraph (7) applies, where a protected sum was applicable to a protected person immediately before he or any partner of his became a patient within the meaning of regulation 21(3) for a period of 14 weeks or less, he shall, subject to sub-paragraph (4)(c), on his or, as the case may be, his partner’s ceasing to be a patient, be entitled to a protected sum equal to–
a
the amount by which his protected total exceeds his applicable amount determined in accordance with the relevant provisions in the first benefit week in which his applicable amount ceases to be determined under paragraph 1 of Schedule 7 and either–
i
any eligible housing benefit for the period of 7 consecutive days beginning on 10th April 1989; or, if greater,
ii
in a case where sub-paragraph (7)(b) applied, any eligible housing benefit for the period of 7 consecutive days referred to in that sub-paragraph; or
b
the amount of the protected sum to which he was entitled in the immediately preceding benefit week,
whichever is the lower.
6
Paragraph 6(c) shall not apply to a protected person who has ceased to be entitled to income support for a period of not more than 8 weeks–
a
if immediately before he ceased to be so entitled a protected sum was applicable to him; and
b
except where sub-paragraph (7) applies, if during that period the protected person becomes re-entitled, or would by virtue of this sub-paragraph be re-entitled, to income support he shall, subject to sub-paragraph (4)(d), be entitled to a protected sum equal to–
i
the amount by which his protected total exceeds his applicable amount determined in accordance with the relevant provisions in the first benefit week in which he becomes so re-entitled and either any eligible housing beneft for the period of 7 consecutive days beginning 10th April 1989 or, if greater, in a case to which sub-paragraph (7)(b) applied, any eligible housing benefit for the period of 7 consecutive days referred to in that sub-paragraph; or
ii
the amount of the protected sum to which he was previously entitled,
whichever is the lower.
7
Where a protected person or any partner of his is temporarily absent from his accommodation for a period not exceeding 13 weeks which includes the first or second week (or both)–
a
in a case where a protected sum was applicable to the protected person immediately before his or, as the case may be, his partner’s return to that accommodation and the full charge was made for the accommodation during the temporary absence, on the protected person’s or, as the case may be, his partner’s return to that accommodation, the protected person shall be entitled to a protected sum equal to–
i
the amount by which his protected total exceeds his applicable amount determined in accordance with the relevant provisions in the first complete benefit week after his or, as the case may be, his partner’s return to that accommodation and any eligible housing benefit for the period of 7 consecutive days beginning 10th April 1989; or
ii
the amount of the protected sum which was applicable to him in the immediately preceding benefit week,
whichever is the lower;
b
in a case where–
i
a protected sum has not at any time been applicable to the protected person; or
ii
immediately before the protected person’s or, as the case may be, his partner’s return to that accommodation a protected sum was applicable but a reduced charge was made for the accommodation during the temporary absence,
the protected person on his or, as the case may be, his partner’s return to that accommodation shall, subject to sub-paragraph (8), be entitled to a protected sum equal to the amount by which his protected total exceeds his applicable amount determined in accordance with the relevant provisions in the first complete benefit week after his or, as the case may be, his partner’s return to that accommodation and the amount of eligible housing benefit for the period of 7 consecutive days beginning on the date determined in accordance with regulation 65 or, as the case may be, 68(2) of the Housing Benefit (General) Regulations 1987 (date on which entitlement is to commence or change of circumstances is to take effect) following that person’s return to that accommodation.
8
Where, in a case to which sub-paragraph (7)(b)(i) applies–
a
in the first complete benefit week after the protected person’s or, as the case may be, his partner’s return to his accommodation the protected person’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 was 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 the date determined in accordance with regulation 65 or, as the case may be, 68(2) of the Housing Benefit (General) Regulations 1987 following his or, as the case may be, his partner’s return to that accommodation,
the protected sum applicable shall, subject to sub-paragraph (9), be an amount equal to X+Y+10 pence.
9
Where the protected person or, as the case may be, his partner returns to the accommodation in the second week and he or his partner is, or both are, entitled in the first, second and third weeks to a relevant social security benefit or to more than one such benefit and consequent upon the Social Security Benefits Up-rating Order 1989 he or his partner is, or both are, entitled to an increase in any one or more of those benefits in the third week, the protected sum under sub-paragraph (8) shall be increased by an amount equal to the difference between–
a
the amount of benefit or aggregate amount of those benefits to which the protected person or his partner is, or both are, entitled in the third week; and, if less,
b
the amount of benefit or aggregate amount of those benefits to which the protected person or his partner is, or both are, entitled in the second week.
10
In sub-paragraph (8)–
“X” means the sum which, but for sub-paragraph (8), would be the protected sum applicable in a case to which sub-paragraph (7)(b)(i) applies;
“Y” means the amount of the excess to which sub-paragraph (8)(a) refers;
“relevant social security benefit” has the same meaning as in paragraph 3(4).
SCHEDULE 4
PART Iapplicable amounts of persons in residential care and nursing homes
I491
1
Subject to sub-paragraph (2), the weekly applicable amount of a claimant to whom regulation 19 applies shall be the aggregate of—
a
subject to paragraph 3, the weekly charge for the accommodation, including all meals and services, provided for him or, if he is a member of a family, for him and his family increased, where appropriate, in accordance with paragraph 2 but, except in a case to which paragraph 12 applies, subject to the maximum determined in accordance with paragraph 5; and
b
a weekly amount for personal expenses for him and, if he is a member of a family, for each member of his family determined in accordance with paragraph 13; and
c
d
any amount determined in accordance with regulation 17(1)(f) or 18(1)(g) (applicable amounts).
2
No amount shall be included in respect of any child or young person who is a member of the claimant's family if the capital of that child or young person calculated in accordance with Part V in like manner as for the claimant, except where otherwise provided, would exceed C4£3,000.
I502
1
Where, in addition to the weekly charge for accommodation, a separate charge is made for the provision of heating, attention in connection with bodily functions, supervision, extra baths, laundry or a special diet needed for a medical reason, the weekly charge for the purpose of paragraph 1(1)(a) shall be increased by the amount of that charge.
2
Where the weekly charge for accommodation does not include the provision of all meals, it shall, for the purpose of paragraph 1(1)(a), be increased in respect of the claimant or, if he is a member of a family, in respect of each member of his family by the following amount:
a
if the meals can be purchased within the residential care or nursing home, the amount equal to the actual cost of the meals, calculated on a weekly basis; or
b
if the meals cannot be so purchased, the amount calculated on a weekly basis—
i
for breakfast, at a daily rate of C1£1.10;
ii
for a midday meal, at a daily rate of C1£1.55; and
iii
for an evening meal, at a daily rate of C1£1.55;
except that, if some or all of the meals are normally provided free of charge or at a reduced rate, the amount shall be reduced to take account of the lower charge or reduction.
I513
Where any part of the weekly charge for the accommodation is met by housing benefit, an amount equal to the part so met shall be deducted from the amount calculated in accordance with paragraph 1(1)(a).
F85I524
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I535
1
Subject to paragraph 12 the maximum referred to in paragraph 1(1)(a) shall be—
a
in the case of a single claimant, the appropriate amount in respect of that claimant specified in or determined in accordance with paragraphs 6 to 11;
b
where the claimant is a member of a family, the aggregate of the following amounts—
i
in respect of each member of the family aged under 11, 1½ times the amount specified in paragraph 2(a) of Schedule 2; and
2
The maximum amount in respect of a member of the family aged under 11 calculated in the manner referred to in sub-paragraph (1) (b) (i) shall be rounded to the nearest multiple of 5p by treating an odd amount of 2.5p or more as 5p and by disregarding an odd amount of less than 2.5p.
Residential care homesI546
1
Subject to sub-paragraph (2) and paragraphs 8 to 11, where the accommodation provided for the claimant is a residential care home for persons in need of personal care by virtue of—
a
old age, the appropriate amount shall be F176£140.00 per week;
b
past or present mental disorder but excluding mental handicap, the appropriate amount shall be F176£140.00 per week;
c
past or present drug or alcohol dependence, the appropriate amount shall be F176£140.00 per week;
d
mental handicap, the appropriate amount shall be F176£165.00 per week;
e
physical disablement, the appropriate amount shall be—
i
in the case of a person to whom paragraph 8 applies, F176£200.00 per week, or
ii
in any other case F176£140.00 per week; or
f
any condition not falling within sub-paragraphs (a) to (e) above, the appropriate amount shall be F176£140.00 per week.
2
Where the claimant is over pensionable age and—
F167a
he is registered as blind in a register compiled by a local authority under section 29 of the National Assistance Act (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
b
there is in respect of him a certificate, issued by the Attendance Allowance Board under section 35(2) of the Social Security Act F32, which states that he has satisfied or is likely to satisfy both the conditions mentioned in section 35(1) of that Act; or
Nursing homesI557
Subject to paragraphs 8 to 11, where the accommodation provided for the claimant is a nursing home for persons in need of personal care by virtue of—
a
past or present mental disorder but excluding mental handicap, the appropriate amount shall be F176£195.00 per week;
b
mental handicap, the appropriate amount shall be F176£205.00 per week;
c
past or present drug or alcohol dependence the appropriate amount shall be F176£190.00 per week;
d
physical disablement, the appropriate amount shall be—
i
in the case of a person to whom paragraph 8 applies, F176£235.00 per week, or
ii
in any other case, F176£190.00 per week;
e
terminal illness, the appropriate amount shall be F176£235.00 per week; or
f
any condition not falling within sub-paragraphs (a) to (e) the appropriate amount shall be F176£190.00 per week.
I568
For the purposes of paragraphs 6(e) and 7(d) this paragraph applies to a person under pensionable age or a person over pensionable age who, before attaining pensionable age, had become physically disabled.
I579
The appropriate amount applicable to a claimant in a residential care home or nursing home shall, subject to paragraph 10, be determined—
a
where the home is a residential care home registered under Part I of the Registered Homes Act 1984 F36, by reference to the particulars recorded in the register kept by the relevant registration authority for the purposes of that Act; or
b
where the home is a residential care home not so registered or a nursing home, by reference to the type of care which, taking into account the facilities and accommodation provided, the home is providing to the claimant.
I5810
1
Where more than one amount would otherwise be applicable, in accordance with paragraph 9, to a claimant in a residential care home or a nursing home, the appropriate amount in any case shall be determined in accordance with the following sub-paragraphs.
2
Where the home is a residential care home registered under Part I of the Registered Homes Act 1984 and where the personal care that the claimant is receiving corresponds to the care received by a category of residents for whom the register indicates that the home provides accommodation, the appropriate amount shall be the amount, in paragraph 6 or 8, as the case may be, as is consistent with that personal care.
3
Where the home is a residential care home which is so registered but where the personal care that the claimant is receiving does not correspond to the care received by a category of residents for whom the register indicates that the home provides accommodation, the appropriate amount shall be the lesser or least amount, in paragraphs 6 or 8, as the case may be, as is consistent with those categories.
4
In any case not falling within sub-paragraph (2) or (3), the appropriate amount shall be whichever amount of the amounts applicable in accordance with paragraphs 6 or 7 and 9 is, having regard to the types of personal care that the home provides, most consistent with the personal care being received by the claimant in that accommodation.
I5911
1
Where the accommodation provided for the claimant is a residential care home or a nursing home which is, in either case, situated in the Greater London area and the actual charge for that accommodation exceeds the appropriate amount in his case by virtue of the preceding paragraphs of this Schedule, that amount shall be increased by any excess up to F176£23.00.
2
In sub-paragraph (1), “the Greater London area” means all those areas specified F209immediately before 10th April 1989 as being within Area 53 in Schedule 6 as then in force.
Circumstances in which the maximum is not to applyI6012
1
Where a claimant who satisfies the conditions in sub-paragraph (2) has been able to meet the charges referred to in paragraphs 1 and 2 without recourse to income support or supplementary benefit, the maximum determined in accordance with paragraph 5 shall not apply for the period of 13 weeks or, if alternative accommodation is found earlier, such lesser period following the date of claim except to the extent that the claimant is able to meet out of income disregarded for the purposes of Part V the balance of the actual charge over the maximum.
2
The conditions for the purposes of sub-paragraph (1) are that—
a
the claimant has lived in the same accommodation for more than 12 months; and
b
he was able to afford the charges in respect of that accommodation when he took up residence; and
c
having regard to the availability of suitable alternative accommodation and to the circumstances mentioned in paragraph 10(7)(b) of Schedule 3 (housing costs), it is reasonable that the maximum should not apply in order to allow him time to find alternative accommodation; and
d
he is not a person who is being accommodated—
i
by a housing authority under Part III of the Housing Act 1985 F37 (housing the homeless), or
e
he is seeking alternative accommodation and intends to leave his present accommodation once alternative accommodation is found.
3
Where—
a
the claimant was a resident in a residential care home or nursing home immediately before 29 April 1985 and has continued after that date to be resident in the same accommodation, apart from any period of temporary absence; and
b
immediately before that date, the actual charge for the claimant's accommodation was being met either wholly or partly out of the claimant's resources, or, wholly or partly out of other resources which can no longer be made available for this purpose; and
c
since that date the local authority have not at any time accepted responsibility for the making of arrangements for the provision of such accommodation for the claimant; and
d
the Secretary of State, in his discretion, has determined that this sub-paragraph shall have effect in the particular case of the claimant in order to avoid exceptional hardship,
the maximum amount shall be the rate specified in sub-paragraph (4) if that rate exceeds the maximum which, but for this sub-paragraph, would be determined under paragraph 5.
4
For the purposes of sub-paragraph (3) the rate is either—
a
the actual weekly charge for the accommodation immediately before 29 April 1985 plus £10; or
b
the aggregate of the following amounts—
i
the amount estimated under regulation 9(6) of the Supplementary Benefit (Requirements) Regulations 1983 F40 as then in force as the reasonable weekly charge for the area immediately before that date;
ii
£26.15; and
iii
if the claimant was entitled at that date to attendance allowance under section 35 of the Social Security Act at the higher rate £28.60 or, as the case may be, at the lower rate, £19.10,
whichever is the lower amount.
Personal allowancesI6113
The allowance for personal expenses for the claimant and each member of his family referred to in paragraph 1(1)(b) shall be—
b
for a young person aged 18, F176£10.05;
c
for a young person aged under 18 but over 16, F176£7.00;
d
for a child aged under 16 but over 11, F176£6.05;
e
for a child aged under 11, F176£4.10.
PART IIpersons to whom regulation 19 does not apply
I62F8614
A claimant or, if he is a member of a family, the claimant and the members of his family where the accommodation and meals (if any) of the claimant or, as the case may be, the claimant and the members of his family are provided in whole or in part by a close relative of his or of any member of his family, or other than on a commercial basis.
I6315
A person who is on holiday and during a period which has not continued for more than 13 weeks is absent from his home or from a hospital or similar institution in which he is normally a patient.
I6416
A person who has entered a residential care or nursing home for the purpose of receiving an amount of income support to which he would not otherwise be entitled.
I6517
A person aged 16 or over but under 19 who is in the care of a local authority under a relevant enactment except someone who is personally liable to pay the cost of his accommodation and maintenance direct to someone other than a local authority.
SCHEDULE 5
PART Iapplicable amounts of persons in board and lodging accommodation or hostels
I661
1
Subject to sub-paragraph (2), the weekly applicable amount of a claimant to whom regulation 20 applies shall be the aggregate of—
a
subject to paragraph 3, the weekly charge for the accommodation including all meals and services provided for him or, if he is a member of a family, for him and his family increased where appropriate in accordance with paragraph 2 but, except in a case to which paragraph 10 applies, subject to the maximum determined in accordance with paragraph 5; and
b
a weekly amount for personal expenses for him and, if he is a member of a family, for each member of his familyF126, subject to sub-paragraph (3), determined in accordance with paragraph 11; and
c
d
any amount determined in accordance with regulation 17(1)(f) or 18(1)(g) (applicable amounts).
2
No amount shall be included in respect of any child or young person who is a member of the claimant's family if the capital of that child or young person calculated in accordance with Part V in like manner as for the claimant, except where otherwise provided, would exceed C5£3,000.
F1273
No amount shall be included for personal expenses for a partner aged less than 18 other than one to whom regulation 13A applies or one who is the subject of a direction under section 20(4A) of the Act.
I672
Where the weekly charge for accommodation does not include the provision of all meals, it shall, for the purpose of paragraph 1 (1) (a) be increased in respect of the claimant or, if he is a member of a family, in respect of each member of his family by the following amount—
a
if the meals can be purchased within the F210... hostel, the amount equal to the actual cost of the meals, calculated on a weekly basis; or
b
if the meals cannot be so purchased, the amount calculated on a weekly basis—
i
for breakfast, at a daily rate of C6£1.10;
ii
for a midday meal, at a daily rate of C6£1.55;
iii
for an evening meal, at a daily rate of C6£1.55; except that, if some or all of the meals are normally provided free of charge or at a reduced rate, the amount shall be reduced to take account of the lower charge or reduction.
I683
Where any part of the weekly charge for the accommodation is met by housing benefit, an amount equal to the part so met shall be deducted from the amount calculated in accordance with paragraph 1 (1) (a).
F87I694
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I70F2115
Subject to paragraphs 6 and 7, the maximum referred to in paragraph 1(1)(a) shall be—
a
in the case of a single claimant C6 £70.00 per week;
b
where the claimant is a member of a family, in respect of each member of the family aged under 11, 1½ times the amount specified in paragraph 2(a) of Schedule 2, and in respect of each other member of the family, C6£70.00 per week.
I716
The maximum amount applicable in respect of a member of the family aged under 11 calculated in the manner referred to in paragraph 5 (b) (i) shall be rounded to the nearest multiple of 5p by treating an odd amount of 2.5p or more as 5p and by disregarding an odd amount of less than 2.5p.
I727
Except as provided by paragraph 9, the maximum amount specified in paragraph 5 shall be increased by any excess of the actual charge made to the claimant or, if he is a member of a family, made in respect of the familyF130, increased where appropriate in accordance with paragraph 2, up to C6£17.50 in a case to which paragraph 8 applies or, if the claimant is one of a couple and paragraph 8 (a) or (c) (i) or (ii) applies, up to C6£35.00.
I738
The increase referred to in paragraph 7 shall apply in the case of—
a
a claimant who has attained a pensionable age or, if one of a couple or polygamous marriage either member of that couple or any member of that marriage is aged 65 or over;
b
a claimant or any other member of the family who is infirm by reason of physical or mental disability;
c
a claimant in respect of whom one or more of the following conditions are satisfied:—
i
he or his partner is a person suffering from a mental disorder within the meaning of the Mental Health Act 1983 F41 or the Mental Health (Scotland) Act 1984 F42 in respect of whom a local social services authority has, under section 21 of, and paragraph 2 of Schedule 8 to, the National Health Service Act 1977 F43 (prevention, care and after-care), made arrangements for the provision of residential accommodation in a private household or in premises which are not required to be registered under the Registered Homes Act 1984 F44;
ii
he or his partner is a person who is resident in premises which are used for the rehabilitation of alcoholics or drug addicts and is so resident for the purposes of such rehabilitation.
I749
Only one increase under paragraph 7 shall be applicable in respect of the claimant or any member of his family and the amount payable by virtue of that paragraph in respect of a claimant and his partner shall not exceed C6£35.00 and, if the claimant or any of his family who are F213... in a hostel is in receipt of an attendance allowance the increase shall only be payable to the extent that the excess of the actual charge for F212... the hostel over the maximum amount is more than the amount of the attendance allowance in payment but only up to the amount specified for the time being as the higher rate of attendance allowance for the purposes of section 35 (3) of the Social Security Act.
I7510
1
Where the claimant satisfies the conditions in sub-paragraph (2), the maximum referred to in paragraph 1 (1) (a) shall not apply for a period of 13 weeks or, if alternative accommodation is found earlier, such lesser period following date of claim except to the extent that the claimant is able to meet out of income disregarded for the purposes of Part V the balance of the actual chargeF131, increased where appropriate in accordance with paragraph 2, for the F215... hostel accommodation over the maximum.
2
For the purposes of sub-paragraph (1) the conditions are that—
a
the claimant has lived in the same accommodation for more than 12 months; and
b
he was able to afford the charges in respect of that accommodation when he took up residence; and
c
having regard to the availability of F214... hostels and to the circumstances mentioned in paragraph 10 (7) (b) of Schedule 3 (housing costs), it is reasonable for the maximum referred to in paragraph 5 not to apply for the said period in order to allow the claimant to find alternative accommodation; and
d
he is not a person who is being accommodated—
i
by a housing authority under Part III of the Housing Act 1985 F45 (housing the homeless), or
e
he is seeking alternative accommodation and intends to leave his present accommodation once alternative accommodation is found.
I7611
The allowance for personal expenses for the claimant and each member of his family referred to in paragraph 1 (1) (b) shall be—
a
for the claimant and for his partner where—
i
at least one member of the family is a child or young person, F177£13.25;
ii
he or his partner satisfies the conditions specified in Part III of Schedule 2 (applicable amounts) for the applicability of any of the premiums specified in that Part, F177£13.25;
c
for a young person aged 18, F177£11.95;
d
for a young person aged 16 or over but under 18, F177£7.00;
e
for a child aged 11 or over but under 16, F177£6.05;
f
for a child aged under 11, F177£4.10.
PART IIpersons to whom regulation 20 and part i of this schedule is not to apply
I77F8812
A claimant or, if he is a member of a family, the claimant and the members of his family where the accommodation and meals (if any) of the claimant or, as the case may be, the claimant and the members of his family are provided in whole or in part by a close relative of his or of any member of his family, or other than on a commercial basis.
I7813
A person who is on holiday and during a period which has not continued for more than 13 weeks is absent from the home or from a hospital or similar institution in which he is normally a patient.
F216I7914
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I8015
A person aged 16 or over but under 19 who is in the care of a local authority under the provisions of a relevant enactment, except where he is personally liable to pay the cost of his accommodation and maintenance direct to someone other than a local authority.
F217I8116
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F218I8217
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F219I8318
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 6BOARD AND LODGING AREAS
F174...
Sch. 6 omitted (10.4.1989) by virtue of The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), reg. 1(1)(c), Sch. 1 para. 10 (with reg. 28)
I159SCHEDULE 7APPLICABLE AMOUNTS IN SPECIAL CASES
Sch. 7 in force at 11.4.1988, see reg. 1
Sums in Sch. 7 substituted (coming into force in accordance with art. 1(3) of the amending S.I.) by The Social Security Benefits Up-rating Order 1989 (S.I. 1989/43), arts. 1(3), 15(12), Sch. 7 Pt. I (with art. 20)
Word in Sch. 7 inserted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 23
Words in Sch. 7 para. 1 substituted (10.4.1989) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), reg. 1(1)(c), Sch. 1 para. 15(a)(i) (with reg. 28)
Words in Sch. 7 para. 1 substituted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 23(a)(ii)
Words in Sch. 7 para. 1 substituted (12.12.1988) by The Income Support (General) Amendment No. 5 Regulations 1988 (S.I. 1988/2022), regs. 1(1)(a), 21(a)
Words in Sch. 7 para. 1 substituted (10.4.1989) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), reg. 1(1)(c), Sch. 1 para. 15(a)(ii) (with reg. 28)
Words in Sch. 7 para. 3 substituted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 23(b)
Sch. 7 para. 4 omitted (10.4.1989) by virtue of The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), reg. 1(1)(c), Sch. 1 para. 10 (with reg. 28)
Sch. 7 para. 5 omitted (10.4.1989) by virtue of The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), reg. 1(1)(c), Sch. 1 para. 10 (with reg. 28)
Words in Sch. 7 para. 9 omitted (11.4.1988) by virtue of The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 33(a)
Words in Sch. 7 para. 9(e) substituted (28.5.1988) by Employment Act 1988 (1988 c. 19), s. 24(3), 34
Words in Sch. 7 para. 10 omitted (11.4.1988) by virtue of The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 33(a)
Words in Sch. 7 para. 10(e) substituted (28.5.1988) by Employment Act 1988 (1988 c. 19), s. 24(3), 34
Sch. 7 paras. 10A, 10B inserted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 33(b)
Words in Sch. 7 para. 10A substituted (with effect in accordance with reg. 1(1)(a) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 9
Sch. 7 para. 10A substituted (12.12.1988) by The Income Support (General) Amendment No. 5 Regulations 1988 (S.I. 1988/2022), regs. 1(1)(a), 21(b)
Words in Sch. 7 para. 10B substituted (with effect in accordance with reg. 1(1)(a) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 9
Sch. 7 para. 10C inserted (12.12.1988) by The Income Support (General) Amendment No. 5 Regulations 1988 (S.I. 1988/2022), regs. 1(1)(a), 21(c)
Words in Sch. 7 para. 11 substituted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 23(c)
Words in Sch. 7 para. 13 inserted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 23(d)
1947 c. 19, as amended by Schedule 4 of the Social Security Act 1980 (c. 30) and by S.I. 1951/174 and 1968/1699.
Words in Sch. 7 para. 14 omitted (10.4.1989) by virtue of The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), reg. 1(1)(c), Sch. 1 para. 1 (with reg. 28)
1976 c. 71, as amended by section 6 of, and Schedule 2 and Schedule 65 Part II to, the Social Security Act 1980 and by section 102 and Schedule 17 of the Local Government Act 1985 (c. 51).
Words in Sch. 7 para. 16 omitted (10.4.1989) by virtue of The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), reg. 1(1)(c), Sch. 1 para. 1 (with reg. 28)
Words in Sch. 7 para. 16 substituted (with effect in accordance with reg. 1(1)(a) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 9
Words in Sch. 7 para. 16(a) substituted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 33(c)
Words in Sch. 7 para. 16 substituted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 23(e)
Words in Sch. 7 para. 17 substituted (10.4.1989) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), reg. 1(1)(c), Sch. 1 para. 15(b) (with reg. 28)
Words in Sch. 7 para. 17 substituted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 23(f)
Words in Sch. 7 para. 18 omitted (10.4.1989) by virtue of The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), reg. 1(1)(c), Sch. 1 para. 1 (with reg. 28)
Words in Sch. 7 para. 18 inserted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 23(g)(i)
Words in Sch. 7 para. 18 inserted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 23(g)(ii)
Words in Sch. 7 para. 18 substituted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 23(g)(iii)
Words in Sch. 7 para. 18 substituted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 33(d)(i)
Words in Sch. 7 para. 18 substituted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 33(d)(ii)
Words in Sch. 7 para. 18 inserted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 23(g)(iv)
Words in Sch. 7 para. 18 substituted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 33(d)(iii)
Words in Sch. 7 para. 18 substituted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 23(g)(v)
Words in Sch. 7 para. 18 substituted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 33(d)(iv)
Sch. 7 paras. 7, 8(a), 16 and 17 sums confirmed (coming into force in accordance with art. 1(3) of the amending S.I.) by The Social Security Benefits Up-rating Order 1989 (S.I. 1989/43), arts. 1(3), 15(13), Sch. 7 Pt. II (with art. 20)
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F220. . . | F220. . . |
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Claimants without accommodation | |
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Specified cases of temporarily separated couples | |
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Polygamous marriages where one or more partners are temporarily separated | |
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F72Single claimants temporarily in local authority accommodation | |
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F153Lone parents who are in residential accommodation temporarily | |
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Polish Resettlement | |
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Persons temporarily absent from board and lodging accommodation or a hostel, residential care or nursing home | |
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SCHEDULE 8SUMS TO BE DISREGARDED IN THE CALCULATION OF EARNINGS
I841
In the case of a claimant who has been engaged in remunerative work as an employed earner F96or, had the employment been in Great Britain, would have been so engaged—
a
any earnings paid or due to be paid F143in respect of that employment which has terminated—
i
by way of retirement but only if on retirement he is entitled to a retirement pension under the Social Security Act, or would be so entitled if he satisfied the contribution conditions;
ii
otherwise than by retirement except earnings to which regulation 35(1)(b) to (e) and (g) and (h) applies (earnings of employed earners);
b
any earnings paid or due to be paid F144in respect of that employment which is interrupted except earnings to which regulation 35(1)(d) and (e) applies; but this sub-paragraph shall not apply where the claimant has been suspended from his employment.
I852
In the case of a claimant who has been engaged in part-time employment as an employed earner F97or, had the employment been in Great Britain, would have been so engagedF145... before he made a claim for income support, any earnings paid F146or due to be paid in respect of that employment which has been terminated or interrupted before the claim is made except any payment to which regulation 35(1)(e) applies (earnings of employed earners); but this paragraph shall not apply where the claimant has been suspended from his employment.
I863
In the case of a claimant who has been engaged in remunerative work or part-time employment as a self-employed earner F98or, had the employment been in Great Britain, would have been so engaged and who has ceased to be so employed, from the date of the cessation of his employment any earnings derived from that employment except earnings to which regulation 30(2) (royalties etc.) applies.
I874
1
If the calculation of the claimant's applicable amount—
a
includes, or but for his being an in-patient or in accommodation in a residential care home, nursing home, hostel, F231... or in residential accommodation would include, an amount by way of a disability premium under Schedule 2 (applicable amounts), or
b
i
includes, or but for his being an in-patient or in accommodation in a residential care home, nursing home, hostel, F233... or in residential accommodation would include, an amount by way of the higher pensioner premium under Schedule 2; and
ii
he or his partner has attained the age of 60 and immediately before attaining that age either was engaged in employment and the claimant was or but for his being an in-patient or in accommodation in a residential care home, nursing home, F232or hostel or in residential accommodation would have been, entitled under sub-paragraph (a) to a disregard of £15; and
iii
either he or his partner has continued in part-time employment,
£15; but, notwithstanding regulation 23 (calculation of income and capital of members of claimant's family and of a polygamous marriage), if this paragraph applies to a claimant it shall not apply to his partner except where, and to the extent that, the earnings of the claimant which are to be disregarded under this paragraph are less than £15.
2
For the purposes of sub-paragraph (1)(b)(iii) no account shall be taken of any period not exceeding eight consecutive weeks occurring on or after the date on which the claimant or his partner attained the age of 60 during which either ceased to be engaged in employment or the claimant ceased to be entitled to income support.
I885
If an amount by way of a lone parent premium under Schedule 2 (applicable amounts) is, or but for the pensioner premium being applicable to him or for his accommodation in a residential care home, nursing home, hostel, F234... or in residential accommodation would be, included in the calculation of the claimant's applicable amount, £15.
I896
1
In a case where paragraph 4 does not apply, if the claimant is one of a couple and both members of that couple are under age 60 and one of the couple has for a continuous period of two years been in receipt of income support in respect of a couple (whether or not the same couple) and during that period—
a
neither member has been engaged in remunerative work; or
b
neither member has been receiving full-time education;
for a period exceeding eight consecutive weeks, £15; but, notwithstanding regulation 23 (calculation of income and capital of members of claimant's family and of a polygamous marriage), if this paragraph applies to one of the couple it shall not apply to the other except where, and to the extent that, the earnings of the one which are to be disregarded under this paragraph are less than £15;
2
For the purposes of this paragraph—
a
in determining whether a period is continuous no account shall be taken of any period not exceeding eight weeks during which the claimant ceased to be a member of a couple or to be in receipt of income support;
b
in determining whether one of a couple has been in receipt of income support for a continuous period of two years, consecutive periods during which either member was in receipt of income support shall be treated as periods during which one of that couple had been so in receipt.
3
For the purposes of this paragraph—
a
any period beginning before the commencement of these regulations during which the claimant or the other member of the couple was in receipt of supplementary benefit in respect of a couple, and immediately preceding the receipt of income support, is to be taken into account as if it were a period of income support except where during that period either the claimant or the other member was engaged in remunerative work or receiving relevant education within the meaning of section 6 of the Supplementary Benefits Act 1976 F52;
b
any period during which the claimant or the other member of the couple is in receipt of income support under the Social Security (Northern Ireland) Order 1986 F53 or was in receipt of supplementary benefit under the Supplementary Benefit (Northern Ireland) Order 1977 F54 and immediately preceding the receipt of income support is to be taken into account as if it were a period of income support;
and in determining whether any such period is continuous sub-paragraph (2) hereof shall apply by analogy.
I907
1
In a case to which none of paragraphs 4 to 6 applies to the claimant, £15 of earnings derived from one or more employments as—
a
a part-time fireman in a fire brigade maintained in pursuance of the Fire Services Acts 1947 to 1959 F55;
b
an auxiliary coastguard in respect of coast rescue activities;
c
a person engaged part time in the manning or launching of a life boat;
d
a member of any territorial or reserve force prescribed in Part I of Schedule 3 to the Social Security (Contributions) Regulations 1979 F56;
but, notwithstanding regulation 23 (calculation of income and capital of members of claimant's family and of a polygamous marriage), if this paragraph applies to a claimant it shall not apply to his partner except to the extent specified in sub-paragraph (2).
2
If the claimant's partner is engaged in employment—
a
specified in sub-paragraph (1) so much of his earnings as would not in aggregate with the amount of the claimant's earnings disregarded under this paragraph exceed £15;
b
other than one specified in sub-paragraph (1) so much of his earnings from that employment up to £5 as would not in aggregate with the claimant's earnings disregarded under this paragraph exceed £15.
I918
Where the claimant is engaged in one or more employments specified in paragraph 7(1) but his earnings derived from such employments are less than £15 in any week and he is also engaged in any other part-time employment so much of his earnings from that other employment up to £5 as would not in aggregate with the amount of his earnings disregarded under paragraph 7 exceed £15.
I929
In a case to which none of paragraphs 4 to 8 applies to the claimant, £5.
I9310
Notwithstanding paragraph 6, 7, or 9, where two or more payments of the same kind and from the same source are to be taken into account in the same benefit week, there shall be disregarded from each payment the sum specified in that paragraph; but this paragraph shall only apply in the case of a payment which it has not been practicable to treat under regulation 31(1)(b) (date on which income treated as paid) as paid on the first day of the benefit week in which it is due to be paid.
I9411
Any earnings derived from employment which are payable in a country outside the United Kingdom for such period during which there is a prohibition against the transfer to the United Kingdom of those earnings.
I9512
Where a payment of earnings is made in a currency other than sterling, any banking charge or commission payable in converting that payment into sterling.
I9613
Any earnings which is due to be paid before the date of claim and which would otherwise fall to be taken into account in the same benefit week as a payment of the same kind and from the same source.
I9714
Any earnings of a child or young person except earnings to which paragraph 15 applies.
I9815
In the case of earnings of a person treated as receiving relevant education under regulation 12(b) (relevant education) and who is engaged in remunerative work, if—
a
an amount by way of a disabled child premium under Schedule 2 (applicable amounts) is, or but for his accommodation in a residential care home, nursing home, F235or hostel would be, included in the calculation of his applicable amount and his earning capacity is not, by reason of his disability, less than 75 per cent of that which he would, but for that disability normally be expected to earn, £15;
b
in any other case, £5.
I9916
In this Schedule “part-time employment” means employment in which the person is not to be treated as engaged in remunerative work under regulation 5 or 6 (persons treated, or not treated, as engaged in remunerative work).
SCHEDULE 9SUMS TO BE DISREGARDED IN THE CALCULATION OF INCOME OTHER THAN EARNINGS
I1001
Any amount paid by way of tax on income which is taken into account under regulation 40 (calculation of income other than earnings).
I1012
Any payment in respect of any expenses incurred by a claimant who is—
a
engaged by a charitable or voluntary body; or
b
a volunteer,
if he otherwise derives no remuneration or profit from the employment and is not to be treated as possessing any earnings under regulation 42 (6) (notional income).
I1023
In the case of employment as an employed earner, any payment in respect of expenses wholly, exclusively and necessarily incurred in the performance of the duties of the employment.
I1034
In the case of a payment of statutory sick pay under Part I of the Social Security and Housing Benefits Act 1982 or statutory maternity pay under Part V of the Act or any remuneration paid by or on behalf of an employer to the claimant who for the time being is unable to work due to illness or maternity—
a
any amount deducted by way of primary Class 1 contributions under the Social Security Act;
b
one-half of any sum paid by the claimant by way of a contribution towards an occupational or personal pension scheme.
F734A
In the case of the payment of statutory sick pay under Part II of the Social Security (Northern Ireland) Order 1982 or statutory maternity pay under Part VI of the Social Security (Northern Ireland) Order 1986—
a
any amount deducted by way of primary Class 1 contributions under the Social Security (Northern Ireland) Act 1975;
b
one-half of any sum paid by way of a contribution towards an occupational or personal pension scheme.
I1045
Any housing benefit.
I1056
Any mobility allowance.
I1067
Any concessionary payment made to compensate for the non-payment of—
a
any payment specified in paragraph 6 or 9;
b
income support.
I1078
Any mobility supplement or any payment intended to compensate for the non-payment of such a supplement.
I1089
Any attendance allowance but, where the claimant is in a residential care home or nursing home, only to the extent that it exceeds the amount for the time being specified as the higher rate for the purposes of section 35 (3) of the Social Security Act F57.
I10910
Any payment to the claimant as holder of the Victoria Cross or George Cross or any analogous payment.
I11011
Any sum in respect of a course of study attended by a child or young person payable by virtue of regulations made under section 81 of the Education Act 1944 F58 (assistance by means of scholarships and otherwise), or by virtue of section 2 (1) of the Education Act 1962 F59 (awards for courses of further education) or section 49 of the Education (Scotland) Act 1980 F60 (power to assist persons to take advantage of educational facilities).
I11112
In the case of a claimant to whom regulation 9 (1) (persons treated as available for employment) applies, any sums intended for any expenditure specified in paragraph (2) of regulation 62 (calculation of grant income) necessary as a result of his attendance on his course.
I112F9913
In the case of a claimant participating in arrangements for training made under section 2 of the Employment and Training Act 1973 or attending a course at an employment rehabilitation centre established under that section—
a
any travelling expenses reimbursed to the claimant;
b
any living away from home allowance under section 2(2)(d) of that Act but only to the extent that rent or rates payable in respect of accommodation not normally occupied by him as his home are not met by housing benefit;
c
any training premium,
but this paragraph, except in so far as it relates to a payment under subparagraph (a), (b) or (c), does not apply to any part of any allowance under section 2(2)(d) of that Act.
I11314
Any Job Start Allowance payable pursuant to arrangements made under section 2 (1) of the Employment and Training Act 1973.
I11415
Except in the case of a person to whom section 23 of the Act (trade disputes) applies F100or in respect of whom section 20(3) of the Act (conditions of entitlement to income support) has effect as modified by section 23A(b) of the Act (effect of return to work), subject to paragraphs 36 and 37, £5 of any charitable payment or of any voluntary payment made or due to be made (whether or not so made) at regular intervals other than a payment which is made by a person for the maintenance of any member of his family or his former partner or of his children; and, for the purposes of this paragraph, where a number of such charitable or voluntary payments fall to be taken into account in any one week they shall be treated as though they were on one such payment.
I11516
Subject to paragraphs 36 and 37, £5 of any of the following, namely—
a
a war disablement pension or war widow's pension or a payment made to compensate for the non-payment of such a pension;
b
a pension paid under the social security scheme of a country outside Great Britain and which either—
i
is analogous to a war disablement pension; or
ii
is paid to a war widow in respect of a person's death but is otherwise analogous to such a pension.
c
a pension paid under any special provision made by the law of the Federal Republic of Germany or any part of it or of the Republic of Austria, to victims of National Socialist persecution.
I11617
Where a claimant receives income under an annuity purchased with a loan which satisfies the following conditions—
a
that the loan was made as part of a scheme under which not less than 90 per cent of the proceeds of the loan were applied to the purchase by the person to whom it was made of an annuity ending with his life or with the life of the survivor of two or more persons (in this paragraph referred to as “the annuitants”) who include the person to whom the loan was made;
b
that the interest on the loan is payable by the person to whom it was made or by one of the annuitants;
c
that at the time the loan was made the person to whom it was made or each of the annuitants had attained the age of 65;
d
that the loan was secured on a dwelling in Great Britain and the person to whom the loan was made or one of the annuitants owns an estate or interest in that dwelling; and
e
that the person to whom the loan was made or one of the annuitants occupies the accommodation on which it was secured as his home at the time the interest is paid,
the amount, calculated on a weekly basis equal to—
i
where, or in so far as, section 26 of the Finance Act 1982 F61 (deduction of tax from certain loan interest) applies to the payments of interest on the loan, the interest which is payable after deduction of a sum equal to income tax on such payments at the basic rate for the year of assessment in which the payment of interest becomes due;
ii
in any other case the interest which is payable on the loan without deduction of such a sum.
I11718
Any payment made to the claimant by a F170person who normally resides with the claimant which is a contribution towards his living and accommodation costs except a payment to which paragraph 19 or 20 applies.
I11819
Where the claimant occupies a dwelling as his home which is also occupied by a person other than one to whom paragraph 18 refers F236... and that person is contractually liable to make payments in respect of his occupation of the dwelling to the claimant—
a
£4 of any payment made by that person; and
b
a further F237£7.00, where that payment is inclusive of an amount for heating.
I11920
Where a claimant is employed in providing board and lodging accommodation for which a charge is payable, £35 of the weekly charge paid by each person provided with such accommodation.
I120F10221
1
Subject to sub-paragraph (2), except where regulation 42(4)(a)(i) (notional income) applies or in the case of a person to whom section 23 of the Act (trade disputes) applies, any income in kind;
2
The exception under sub-paragraph (1) shall not apply where the income in kind is received from the Macfarlane Trust F107or the Independent Living Fund.
I12122
1
Any income derived from capital to which the claimant is or is treated under regulation 52 (capital jointly held) as beneficially entitled but, subject to sub-paragraph (2), not income derived from capital disregarded under paragraph 1, 2, 4, 6 F14712 or 25 to 28 of Schedule 10.
2
Income derived from capital disregarded under paragraph 2 F1484 or 25 to 28 of Schedule 10 but only to the extent of any mortgage repayments and payment of rates made in respect of the dwelling or premises in the period during which that income accrued.
I12223
Any income which is payable in a country outside the United Kingdom for such period during which there is prohibition against the transfer to the United Kingdom of that income.
I12324
Where a payment of income is made in a currency other than sterling, any banking charge or commission payable in converting that payment into sterling.
I12425
1
Any payment made to the claimant in respect of a child or young person who is a member of his family—
a
b
which is a payment made by a local authority in pursuance of section 34 (6) or, as the case may be, section 50 of the Children Act 1975 F64 (contributions to a custodian towards the cost of the accommodation and maintenance of a child);
to the extent specified in sub-paragraph (2).
2
In the case of a child or young person—
a
to whom regulation 44 (5) (capital in excess of £3,000) applies, the whole payment;
b
to whom that regulation does not apply, so much of the weekly amount of the payment as exceeds the applicable amount in respect of that child or young person and where applicable to him any amount by way of a disabled child premium.
I12526
Any payment made by a local authority to the claimant with whom a person is boarded out by virtue of arrangements made under section 21 (1) (a) of the Child Care Act 1980 F65 or, as the case may be, F149section 21 of the Social Work (Scotland) Act 1968 F66 or by a voluntary organisation under section 61 of the 1980 Act or by a care authority under regulation 9 of the Boarding Out and Fostering of Children (Scotland) Regulations 1985 F67 (provision of accommodation and maintenance for children in care).
I12627
Any payment made by a health authority, local authority or voluntary organisation to the claimant in respect of a person who is not normally a member of the claimant's household but is temporarily in his care.
I12728
Except in the case of a person to whom section 23 of the Act (trade disputes) applies F101or in respect of whom section 20(3) of the Act (conditions of entitlement to income support) has effect as modified by section 23A(b) of the Act (effect of return to work), F242any payment made by a local authority under section 1, 27 or 29 of the Child Care Act 1980 or, as the case may be, section 12, 24 or 26 of the Social Work (Scotland) Act 1968 (local authorities' duty to promote welfare of children and powers to grant financial assistance to persons in, or formerly in, their care).
I12829
1
Any payment received under an insurance policy, taken out to insure against the risk of being unable to maintain repayments on a loan to which paragraph 7 or 8 of Schedule 3 applies (interest on loans to acquire an interest in the dwelling, or for repairs and improvements to the dwelling, occupied as the home) and used to meet such repayments, to the extent that it does not exceed—
a
subject to sub-paragraph (2), the amount, calculated on a weekly basis, of any interest which is excluded under that paragraph;
b
the amount of the payment, calculated on a weekly basis, due on the loan attributable to the repayment of capital; and
c
the amount, calculated on a weekly basis, of the premium due on that policy.
2
The amount to which sub-paragraph (1) (a) refers shall be taken into account in calculating the amount to be excluded under this paragraph only for such period during which there is applicable to the claimant 50 per cent of his eligible interest under paragraph 7 of Schedule 3.
I12930
Except where F103paragraph 29 applies, any payment made to the claimant which is intended and used as a contribution towards—
a
the amount of eligible interest which is not met under paragraph 7 or 8 of Schedule 3 (interest on loans to acquire an interest in the dwelling, or for repairs and improvements to the dwelling, occupied as the home);
b
the capital repayments—
i
where the loan is one specified in paragraph 7 (3) (a) or 8 (1) (a) of Schedule 3; or
ii
where the loan is one specified in paragraph 7 (3) (b) or 8 (1) (b) of Schedule 3 only to the extent that the capital outstanding on that loan represents the capital balance outstanding on the previous loan at the time when the loan was taken out;
c
any payment or charge specified in paragraph 1 of Schedule 3 to the extent that that payment or charge has not been met;
d
his rent in respect of the dwelling occupied by him as his home but only to the extent that it is not met by housing benefit; or his accommodation charge but only to the extent that the actual charge F150increased where appropriate in accordance with paragraph 2 of Schedule 4 or paragraph 2 of Schedule 5 for the accommodation exceeds the amount determined in accordance with regulation 19 or 20 (F240... hostels, residential care and nursing homes).
I13031
Any social fund payment.
I13132
Any payment of income which under regulation 48 (income treated as capital) is to be treated as capital.
I13233
Any payment under paragraph 2 of Schedule 6 to the Act (pensioner's Christmas bonus).
I13334
In the case of a person to whom section 23 of the Act (trade disputes) applies and for so long as it applies, any payment up to the amount of the relevant sum within the meaning of subsection 6 of that section made by a trade union; but, notwithstanding regulation 23 (calculation of income and capital of members of claimant's family and of a polyamous marriage) if this paragraph applies to a claimant it shall not apply to his partner except where, and to the extent that, the amount to be disregarded under this paragraph is less than the relevant sum.
I13435
Any payment which is due to be paid before the date of claim which would otherwise fall to be taken into account in the same benefit week as a payment of the same kind and from the same source.
I13536
The total of a claimant's income or, if he is a member of a family, the family's income and the income of any person which he is treated as possessing under regulation 23 (3) (calculation of income and capital of members of claimant's family and of a polygamous marriage) to be disregarded under regulation 63 (2) (b) and 64 (1) (c) (calculation of covenant income where a contribution assessed) and paragraphs 15 and 16 shall in no case exceed £5 per week.
I13637
Notwithstanding paragraph 36 where two or more payments of the same kind and from the same source are to be taken into account in the same benefit week, there shall be disregarded from each payment the sum which would otherwise fall to be disregarded under this Schedule; but this paragraph shall only apply in the case of a payment which it has not been practicable to treat under regulation 31 (1) (b) (date on which income treated as paid) as paid on the first day of the benefit week in which it is due to be paid.
F7438
Any resettlement benefit which is paid to the claimant by virtue of regulation 3 of the Social Security (Hospital In-Patients) Amendment (No. 2) Regulations 1987.
F7439
Any payment made under the Macfarlane Trust F108or the Independent Living Fund.
F11540
Any payment made by the Secretary of State to compensate for the loss (in whole or in part) of entitlement to housing benefit.
F15441
Any payment made by the Secretary of State to compensate a person who was entitled to supplementary benefit in respect of a period ending immediately before 11th April 1988 but who did not become entitled to income support in respect of a period beginning with that day.
F15442
Any payment made by the Secretary of State to compensate for the loss of housing benefit supplement under regulation 19 of the Supplementary Benefit (Requirements) Regulations 1983.
F15443
Any payment made to a juror or a witness in respect of attendance at a court other than compensation for loss of earnings or for the loss of a benefit payable under the benefit Acts.
F15444
Any housing benefit in the form of a community charge rebate.
SCHEDULE 10CAPITAL TO BE DISREGARDED
I1371
The dwelling occupied as the home but, notwithstanding regulation 23 (calculation of income and capital of members of claimant's family and of a polygamous marriage), only one dwelling shall be disregarded under this paragraph.
I1382
Any premises acquired for occupation by the claimant which he intends to occupy F151as his home within 26 weeks of the date of acquisition or such longer period as is reasonable in the circumstances to enable the claimant to obtain possession and commence occupation of the premises.
I1393
Any sum directly attributable to the proceeds of sale of any premises formerly occupied by the claimant as his home which is to be used for the purchase of other premises intended for such occupation within 26 weeks of the date of sale or such longer period as is reasonable in the circumstances to enable the claimant to complete the purchase.
I1404
Any premises occupied in whole or in part by—
a
a partner or relative of any member of the family F152as his home where that person is aged 60 or over or is incapacitated;
b
the former partner of a claimant F106... as his home; but this provision shall not apply where the former partner is a person from whom the claimant is estranged or divorced.
I1415
Any reversionary interest.
I1426
The assets of any business owned in whole or in part by the claimant and for the purposes of which he is engaged as a self-employed earner or, if he has ceased to be so engaged, for such period as may be reasonable in the circumstances to allow for disposal of any such asset.
I1437
Any arrears of, or any concessionary payment made to compensate for arrears due to the non-payment of—
a
any payment specified in paragraph 6, 8 or 9 of Schedule 9 (other income to be disregarded);
b
an income-related benefit or supplementary benefit, family income supplement under the Family Income Supplements Act 1970 F68 or housing benefit under Part II of the Social Security and Housing Benefits Act 1982;
but only for a period of 52 weeks from the date of the receipt of the arrears or of the concessionary payment.
I1448
Any sum—
a
paid to the claimant in consequence of damage to, or loss of the home or any personal possession and intended for its repair or replacement; or
b
acquired by the claimant (whether as a loan or otherwise) on the express condition that it is to be used for effecting essential repairs or improvements to the home,and which is to be used for the intended purpose, for a period of 26 weeks from the date on which it was so paid or acquired or such longer period as is reasonable in the circumstances to enable the claimant to effect the repairs, replacement or improvements.
I1459
Any sum—
a
b
which was so deposited and which is to be used for the purchase of another home, for the period of 26 weeks or such longer period as is reasonable in the circumstances to complete the purchase.
I14610
Any personal possessions except those which had or have been acquired by the claimant with the intention of reducing his capital in order to secure entitlement to supplementary benefit or income support or to increase the amount of that benefit.
I14711
The value of the right to receive any income under an annuity and the surrender value (if any) of such an annuity.
I14812
1
Where the funds of a trust are derived from a payment made in consequence of any personal injury to the claimant the value of the trust fund and the value of the right to receive any payment under that trust, for a period of two years or such longer period as is reasonable in the circumstances beginning—
a
if, at the date of the payment the claimant or his partner is in receipt of an income-related benefit, on that date;
b
in any other case, on the date on which an income-related benefit is first payable to the claimant or his partner after the date of that payment,
but, for the purposes of regulation 17, 18, 21, 44(5) and 71 and Schedules 4 and 5 (applicable amounts and modifications in respect of children and young persons) in calculating the capital of a child or young person there shall be no limit as to the period of disregard under this paragraph.
2
For the purposes of sub-paragraph (1) any reference to an income-related benefit shall be construed as if it included a reference to supplementary benefit.
I14913
The value of the right to receive any income under a life interest or from a liferent.
I15014
The value of the right to receive any income which is disregarded under paragraph 11 of Schedule 8 or paragraph 23 of Schedule 9 (earnings or other income to be disregarded).
I15115
The surrender value of any policy of life insurance.
I15216
Where any payment of capital falls to be made by instalments, the value of the right to receive any outstanding instalments.
I15317
Except in the case of a person to whom section 23 of the Act (trade disputes) applies F104or in respect of whom section 20(3) of the Act (conditions of entitlement to income support) has effect as modified by section 23A(b) of the Act (effect of return to work), F243any payment made by a local authority under section 1, 27 or 29 of the Child Care Act 1980 or, as the case may be, section 12, 24 or 26 of the Social Work (Scotland) Act 1968 (local authorities' duty to promote welfare of children and powers to grant financial assistance to persons in, or formerly in, their care).
I15418
Any social fund payment.
I15519
Any refund of tax which falls to be deducted under section 26 of the Finance Act 1982 F71 (deductions of tax from certain loan interest) on a payment of relevant loan interest for the purpose of acquiring an interest in the home or carrying out repairs or improvements in the home.
I15620
Any capital which under regulations 41 and 44(1) (capital treated as income and modifications in respect of children and young persons) is to be treated as income.
I15721
Where a payment of capital is made in a currency other than sterling, any banking charge or commission payable in converting that payment into sterling.
F7522
Any payment made under the Macfarlane Trust F109or the Independent Living Fund and any sum derived from such a payment.
F7523
The value of the right to receive an occupational pension.
F7524
The value of the right to receive any rent.
F10525
Where a claimant has ceased to occupy what was formerly the dwelling occupied as the home following his estrangement or divorce from his former partner, that dwelling for a period of 26 weeks from the date on which he ceased to occupy that dwelling.
F10526
Any premises where the claimant is taking reasonable steps to dispose of those premises, for a period of 26 weeks from the date on which he first took such steps, or such longer period as is reasonable in the circumstances to enable him to dispose of those premises.
F17127
Any premises which the claimant intends to occupy as his home, and in respect of which he is taking steps to obtain possession and has sought legal advice or has commenced legal proceedings, with a view to obtaining possession, for a period of 26 weeks from the date on which he first sought such advice or first commenced such proceedings whichever is earlier, or such longer period as is reasonable in the circumstances to enable him to obtain possession and commence occupation of those premises.
F10528
Any premises which the claimant intends to occupy as his home to which essential repairs or alterations are required in order to render them fit for such occupation, for a period of 26 weeks from the date on which the claimant first takes steps to effect those repairs or alterations, or such longer period as is reasonable in the circumstances to enable those repairs or alterations to be carried out and the claimant to commence occupation of the premises.
F11629
Any payment in kind made by a charity.
F11630
Any payment not exceeding £200 made under section 2 of the Employment and Training Act 1973 (functions of the Secretary of State) as a training bonus to a person participating in arrangements for training made under that section.
F11631
Any payment made by the Secretary of State to compensate for the loss (in whole or in part) of entitlement to housing benefit.
F15532
Any payment made by the Secretary of State to compensate a person who was entitled to supplementary benefit in respect of a period ending immediately before 11th April 1988 but who did not become entitled to income support in respect of a period beginning with that day.
F15533
Any payment made by the Secretary of State to compensate for the loss of housing benefit supplement under regulation 19 of the Supplementary Benefit (Requirements) Regulations 1983.
F15534
Any payment made to a juror or a witness in respect of attendance at a court other than compensation for loss of earnings or for the loss of a benefit payable under the benefit Acts.
F15535
Any housing benefit in the form of a community charge rebate.
Sch. 1A inserted (12.9.1988) by The Income Support (General) Amendment No. 3 Regulations 1988 (S.I. 1988/1228), regs. 1(1)(b), 8, Sch.