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The Income Support (General) Regulations 1987

Changes over time for: The Income Support (General) Regulations 1987 (Schedules only)

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Version Superseded: 01/04/1990

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Regulation 8

SCHEDULE 1E+W+SPERSONS NOT REQUIRED TO BE AVAILABLE FOR EMPLOYMENT

Lone parentsE+W+S

1.  A person who is a lone parent and responsible for a child who is a member of his household.

Commencement Information

I1Sch. 1 para. 1 in force at 11.4.1988, see reg. 1

Single persons looking after foster childrenE+W+S

2.  A single claimant or a lone parent with whom a child is boarded out by a local authority or voluntary organisation within the meaning of the Child Care Act 1980 F1 or, in Scotland, the Social Work (Scotland) Act 1968 F2.

Textual Amendments

Commencement Information

I2Sch. 1 para. 2 in force at 11.4.1988, see reg. 1

Persons temporarily looking after another personE+W+S

3.  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.

Commencement Information

I3Sch. 1 para. 3 in force at 11.4.1988, see reg. 1

Persons caring for another personE+W+S

4.  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.

Textual Amendments

F31975 c. 14; subsection (3) of section 37 amended by sections 37, 86 and Schedule 11 of the Social Security Act 1986 (c. 50).

Commencement Information

I4Sch. 1 para. 4 in force at 11.4.1988, see reg. 1

Persons incapable of workE+W+S

[F45.  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.]

Textual Amendments

Commencement Information

I5Sch. 1 para. 5 in force at 11.4.1988, see reg. 1

Disabled workersE+W+S

6.  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.

Commencement Information

I6Sch. 1 para. 6 in force at 11.4.1988, see reg. 1

Disabled studentsE+W+S

7.  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.

Commencement Information

I7Sch. 1 para. 7 in force at 11.4.1988, see reg. 1

Blind personsE+W+S

8.  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 F5 (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.

Textual Amendments

Commencement Information

I8Sch. 1 para. 8 in force at 11.4.1988, see reg. 1

PregnancyE+W+S

9.  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.

Commencement Information

I9Sch. 1 para. 9 in force at 11.4.1988, see reg. 1

Persons in educationE+W+S

10.  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.

Commencement Information

I10Sch. 1 para. 10 in force at 11.4.1988, see reg. 1

Training allowancesE+W+S

11.  A person who is in receipt of a training allowance.

Commencement Information

I11Sch. 1 para. 11 in force at 11.4.1988, see reg. 1

Open University studentsE+W+S

12.  A person who is following an Open University course and is attending, as a requirement of that course, a residential course.

Commencement Information

I12Sch. 1 para. 12 in force at 11.4.1988, see reg. 1

Persons within 10 years of pensionable ageE+W+S

13.  A person [F6aged 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.

Textual Amendments

Commencement Information

I13Sch. 1 para. 13 in force at 11.4.1988, see reg. 1

Persons aged 60E+W+S

14.  A person aged not less than 60.

Commencement Information

I14Sch. 1 para. 14 in force at 11.4.1988, see reg. 1

Allowances under the Job Release Act 1977E+W+S

F715.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I15Sch. 1 para. 15 in force at 11.4.1988, see reg. 1

RefugeesE+W+S

16.  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 F8 as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967 F9 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.

Textual Amendments

F8Cmnd. 9171.

F9Cmnd. 3906.

Commencement Information

I16Sch. 1 para. 16 in force at 11.4.1988, see reg. 1

Persons required to attend courtE+W+S

17.  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.

Commencement Information

I17Sch. 1 para. 17 in force at 11.4.1988, see reg. 1

Discharged prisonersE+W+S

18.  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.

Commencement Information

I18Sch. 1 para. 18 in force at 11.4.1988, see reg. 1

Persons affected by a trade disputeE+W+S

19.  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 [F10section 23A(b) of the Act (effect of return to work).]

Textual Amendments

Commencement Information

I19Sch. 1 para. 19 in force at 11.4.1988, see reg. 1

Persons from abroadE+W+S

20.  A person to whom regulation 70(3) (applicable amount of certain persons from abroad) applies.

Commencement Information

I20Sch. 1 para. 20 in force at 11.4.1988, see reg. 1

Persons in custodyE+W+S

21.  A person remanded in, or committed in, custody for trial or for sentencing.

Commencement Information

I21Sch. 1 para. 21 in force at 11.4.1988, see reg. 1

[F11Member of couple looking after children while other member temporarily abroadE+W+S

22.  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 [F12not present in the United Kingdom].]

Textual Amendments

Regulation 13A

[F13SCHEDULE 1AE+W+SCIRCUMSTANCES IN WHICH A PERSON AGED 16 OR 17 IS ELIGIBLE FOR INCOME SUPPORT

Textual Amendments

PART IE+W+SPERS0NS 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)–E+W+S

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.E+W+S

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.E+W+S

4.  A person who is temporarily laid off employment and is available to be re-engaged in that employment.E+W+S

PART IIE+W+SPERS0NS 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.E+W+S

6.  A registered person who has no parent nor any person acting in the place of his parents.E+W+S

7.  A registered person who–E+W+S

(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–E+W+S

(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–E+W+S

(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.

[F149A.  A registered person who of necessity has to live away from his parents or any person acting in the place of his parents because–E+W+S

(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.]

Textual Amendments

10.  In this Schedule–E+W+S

(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).]

Regulations 17[F15(1)] and 18

SCHEDULE 2E+W+SAPPLICABLE AMOUNTS

Textual Amendments

Regulations 17[F15(1)](a) and (b) and 18(a) (b) and (c)

PART IE+W+Spersonal allowances

1.  The weekly amounts specified in column (2) below in respect of each person or couple specified in column (1) shall be the weekly amounts specified for the purposes of regulations 17[F15(1)](a) and [F1618(1)] and (b) (applicable amounts and polygamous marriages).E+W+S

Column (1)Column (2)
Person or CoupleAmount

[F17(1)  Single claimant aged–E+W+S

(a)except where [F18 head (b)] of this sub-paragraph applies, less than 18;

(a)£20.80;

[F19(b)less than 18 who falls within any of the circumstances specified in Part II of Schedule 1A or who, had he been a registered person, would fall within any of those circumstances, and who–

(i)is eligible for income support under regulation 13A; or

(ii)is the subject of a direction under section 20(4A) of the Act;

(b)£27.40;]

(d)not less than 18 but less than 25;

(d)£27.40;

(e)not less than 25.

(e)£34.90;

(2) Lone parent aged—

(a)except where [F20head (b)] of this sub-paragraph applies, less than 18;

(a)£20.80;

[F21(b)less than 18 who falls within any of the circumstances specified in Part II of Schedule 1A or who, had he been a registered person, would fall within any of those circumstances, and who–

(i)is eligible for income support under regulation 13A; or

(ii)is the subject of a direction under section 20(4A) of the Act;

(b)£27.40;]

(d)not less than 18.

(d)£34.90.]

[F22(3) Couple–

(a)where both members are persons aged less than 18

(a)[F23£41.60]; and

(i)at least one of them is treated as responsible for a child; or

(ii)had they not been members of a couple, each would be eligible for income support under regulation 13A (circumstances in which a person aged 16 or 17 is eligible for income support); or

(iii)they are married and each member is either a registered person or a person to whom Part I of Schedule 1A applies; or

(iv)there is a direction under section 20(4A) of the Act (income support to avoid severe hardship) in respect of each member; or

(v)there is a direction under section 20(4A) of the Act in respect of one of them and the other is eligible for income support under regulation 13A;

[F24(aa)where both members are aged less than 18 and sub-paragraph (3)(a) does not apply but one member of the couple [F25falls within any of the circumstances specified in Part II of Schedule 1A or who, had he been a registered person, would fall within any of those circumstances and that member]–

(i)is eligible for income support under regulation 13A; or

(ii)is the subject of a direction under section 20(4A) of the Act.

(aa) £27.40.]

(b)where both members are aged less than 18 and sub–paragraph (3)(a) [F26or (aa)] above does not apply but one member of the couple–

(b)[F23£20.80].

(i)is eligible for income support under regulation 13A; or

(ii)is the subject of a direction under section 20(4A);

(c)where both members are aged not less than 18;

(c)[F23£54.80].

(d)where one member is aged not less than 18 and the other member is a person under 18 who–

(d)[F23£54.80].

(i)is eligible for income support under regulation 13A; or

(ii)is the subject of a direction under section 20(4A);

(e)where one member is aged not less than 18 but less than 25 and the other member is a person under 18 who–

(e)[F23£27.40].

(i)is not eligible for income support under regulation 13A; or

(ii)is not the subject of a direction under section 20(4A);

(f)where one member is aged not less than 25 and the other member is a person under 18 who–

(f)[F23£34.90].

(i)is not eligible for income support under regulation 13A; and

(ii)is not the subject of a direction under section 20(4A).]

Textual Amendments

F19Sch. 2 para. 1(1)(b) substituted for Sch. 2 para. 1(1)(b)(c) (9.10.1989) by The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(a), 6(a)(ii)

F23Sch. 2 Pt. I 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(3), Sch. 3 (with art. 20)

Commencement Information

I22Sch. 2 para. 1 in force at 11.4.1988, see reg. 1

2.  The weekly amounts specified in column (2) below in respect of each person specified in column (1) shall be the weekly amounts specified for the purposes of regulations 17[F15(1)](b) and [F2718(1)(c)].E+W+S

Column (1)Column (2)
Child or Young PersonAmount
Person aged—

(a)less than 11;

(a)[F23£11.75];

(b)not less than 11 but less than 16;

(b)[F23£17.35];

(c)not less than 16 but less than 18;

(c)[F23£20.80];

(d)not less than 18.

(d)[F23£27.40].

Textual Amendments

F23Sch. 2 Pt. I 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(3), Sch. 3 (with art. 20)

Commencement Information

I23Sch. 2 para. 2 in force at 11.4.1988, see reg. 1

Regulations 17[F15(1)](c) and 18(d)

PART IIE+W+Sfamily premium

3.  The weekly amount for the purposes of regulations 17[F15(1)](c) [F28and 18(1)](d) in respect of a family of which at least one member is a child or young person shall be [F29£6.50.]E+W+S

Textual Amendments

F29Sum in Sch. 2 Pt. II para. 3 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(4) (with art. 20)

Commencement Information

I24Sch. 2 para. 3 in force at 11.4.1988, see reg. 1

Regulations 17[F15(1)](d) and 18(e)

PART IIIE+W+Spremiums

4.  Except as provided in paragraph 5, the weekly premiums specified in Part IV of this Schedule shall, for the purposes of regulations 17[F15(1)](d) [F30and 18(1)](e), be applicable to a claimant who satisfies the condition specified in paragraphs 8 to 14 in respect of that premium.E+W+S

Textual Amendments

Commencement Information

I25Sch. 2 para. 4 in force at 11.4.1988, see reg. 1

5.  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.E+W+S

Commencement Information

I26Sch. 2 para. 5 in force at 11.4.1988, see reg. 1

6.—(1) The severe disability premium to which paragraph 13 applies may be applicable in addition to [F31any other premium which may apply under this Schedule.] E+W+S

(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.

Textual Amendments

Commencement Information

I27Sch. 2 para. 6 in force at 11.4.1988, see reg. 1

7.  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—E+W+S

(a)in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations 1979 F32 applies, for any period during which, apart from the provisions of those Regulations, he would be in receipt of that benefit; and

(b)for any period spent by a person in undertaking a course of training or instruction provided or approved by the [F33Training Commission] under section 2 of the Employment and Training Act 1973 F34 [F35or for any period during which he is in receipt of a training allowance].

Textual Amendments

F33Words in Sch. 2 para. 7(b) substituted (28.5.1988) by Employment Act 1988 (1988 c. 19), s. 24(3), 34

F341973 c. 50 as amended by sections 9 and 11 and Schedule 2 Part II paragraph 9 and Schedule 3 of the Employment and Training Act 1981 (c. 57).

Commencement Information

I28Sch. 2 para. 7 in force at 11.4.1988, see reg. 1

Lone Parent PremiumE+W+S

8.  The condition is that the claimant is a member of a family but has no partner.

Commencement Information

I29Sch. 2 para. 8 in force at 11.4.1988, see reg. 1

[F36Pensioner premium for persons under 75E+W+S

9.  The condition is that the claimant–

(a)is a single claimant or lone parent aged not less than 60 but less than 75; or

(b)has a partner and is, or his partner is, aged not less than 60 but less than 75.

Textual Amendments

F36 Sch. 2 paras. 9-9A substituted for Sch. 2 para. 9 (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 5(a)

Commencement Information

I30Sch. 2 para. 9 in force at 11.4.1988, see reg. 1

Pensioner premium for persons 75 and overE+W+S

9A.  The condition is that the claimant–

(a)is a single claimant or lone parent aged not less than 75 but less than 80; or

(b)has a partner and is, or his partner is, aged not less than 75 but less than 80.]

Textual Amendments

F36 Sch. 2 paras. 9-9A substituted for Sch. 2 para. 9 (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 5(a)

Higher Pensioner PremiumE+W+S

10.—(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) [F37or (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) [F37or (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.

Textual Amendments

Commencement Information

I31Sch. 2 para. 10 in force at 11.4.1988, see reg. 1

Disability PremiumE+W+S

11.  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 [F3812(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) [F39or (c)] is satisfied by his partner.

Textual Amendments

F38Words in Sch. 2 para. 11(b)(i) substituted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 29(b)(i)

Commencement Information

I32Sch. 2 para. 11 in force at 11.4.1988, see reg. 1

Additional condition for the Higher Pensioner and Disability PremiumsE+W+S

12.—(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 F40, or severe disablement allowance under section 36 of that Act F41 [F42but, 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 F43 (other services) or, in Scotland, under section 46 of the National Health Service (Scotland) Act 1978 F44 (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 F45 (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

[F46(b)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 [F47either on account of the maximum age for this payment being reached or the payment of a retirement pension under the Social Security Act] 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 F48

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).

[F49(5) 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 [F50or for any period during which he is in receipt of a training allowance].]

Textual Amendments

F41Section 36 was substituted by the Health and Social Security Act 1984 (c. 48), section 11; and subsection (4A) of that section inserted by the Social Security Act 1985 (c. 53), Schedule 4, paragraph 3.

F42Words in Sch. 2 para. 12(1)(a)(i) inserted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 29(c)(i)

F431977 c. 49; section 5(2) amended and subsection (2A) added by section 1 of the Public Health Laboratory Service Act 1979 (c. 23) and subsection (2B) added by section 9 of the Health and Social Security Act 1984 (c. 48).

F451948 c. 29; section 29 was amended by section 1(2) of the National Assistance (Amendment) Act 1959 (c. 30); the Mental Health (Scotland) Act 1960 (c. 61) sections 113 and 114 and Schedule 4; the Local Government Act 1972 (c. 70) Schedule 23 paragraph 2; the Employment and Training Act 1973 (c. 50) Schedule 3 paragraph 3; the National Health Service Act 1977 (c. 49) Schedule 15 paragraph 6; and the Health and Social Services and Social Security Adjudications Act 1983 (c. 41) Schedule 10 Part I.

F47Words in Sch. 2 para. 12(1)(c)(i) substituted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 5(b)

F48S.I. 1975/548; the relevant amending instrument is S.I.1983/1015.

Commencement Information

I33Sch. 2 para. 12 in force at 11.4.1988, see reg. 1

Severe Disability PremiumE+W+S

13.—(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)F51... an invalid care allowance under section 37 of the Social Security Act F52 [F53is not in payment to anyone] 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 [F54an invalid care allowance is in payment to someone] 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, [F54such an allowance is not in payment to anyone] 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.

[F55(3A) 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.

Textual Amendments

Commencement Information

I34Sch. 2 para. 13 in force at 11.4.1988, see reg. 1

Disabled Child PremiumE+W+S

14.  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 £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).

Modifications etc. (not altering text)

C1Sch. 2 Pt. III para. 14(a) sum 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(2) (with art. 20)

Commencement Information

I35Sch. 2 para. 14 in force at 11.4.1988, see reg. 1

[F56Persons in receipt of concessionary paymentsE+W+S

14A.  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.]

Textual Amendments

PART IVE+W+Sweekly amounts of premiums specified in part iii

Commencement Information

I36Sch. 2 Pt. IV in force at 11.4.1988, see reg. 1

PremiumAmount

15.—(1) Lone parent premium.

(1) [F57£3.90].

[F58(2) Pensioner premium for persons aged under 75–

(a)where the claimant satisfies the condition in paragraph 9(a);

(2) (a)  £11.20;

(b)where the claimant satisfies the condition in paragraph 9(b);

(b) £17.05.

(2A) Pensioner premium for persons aged 75 and over–

(a)where the claimant satisfies the condition in paragraph 9A(a);

(2A) (a)  £13.70;

(b)where the claimant satisfies the condition in paragraph 9A(b);

(b) £20.55.]

(3) Higher Pensioner Premium—

(a)where the claimant satisfies the condition in paragraph 10(1)(a) or (b);

(3) (a) [F59 £16.20];

(b)where the claimant satisfies the condition in paragraph 10(2)(a) or (b);

[F59(b)£23.00.]

(4) Disability Premium—

(a)where the claimant satisfies the condition in paragraph 11(a);

(4) (a) [F57£13.70];

(b)where the claimant satisfies the condition in paragraph 11(b).

(b)[F57£19.50].

(5) Severe Disability Premium—

(a)where the claimant satisfies the condition in paragraph 13(2)(a);

(5) (a) [F57£26.20];

(b)where the claimant satisfies the condition in paragraph 13(2)(b)—

(i)if there is someone in receipt of an invalid care allowance [F60or if he or any partner satisfies that condition only by virtue of paragraph 13(3A)];

(b)(i)[F57£26.20].

(ii)if no-one is in receipt of such an allowance.

(ii)[F57£52.40].

(6) Disabled Child Premium.

(6) [F57£6.50] in respect of each child or young person in respect of whom the condition specified in paragraph 14 is satisfied.

Textual Amendments

F57Sch. 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)

F58Sch. 2 para. 15(2)(2A) substituted for Sch. 2 para. 15(2) (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 5(c)(i)

F59Sums in Sch. 2 para. 15(3) substituted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 5(c)(ii)

PART VE+W+Srounding of fractions

16.  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.E+W+S

Commencement Information

I37Sch. 2 para. 16 in force at 11.4.1988, see reg. 1

Regulations 17(e) and 18(f)

SCHEDULE 3E+W+SHOUSING COSTS

Eligible Housing CostsE+W+S

1.  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 [F61regulation 17(1)(e) or 18(1)(f)] (applicable amounts) are—

(a)mortgage interest payments;

[F62(aa)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;

[F63(c)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.

Textual Amendments

Commencement Information

I38Sch. 3 para. 1 in force at 11.4.1988, see reg. 1

Basic condition of entitlement to housing costsE+W+S

2.  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.

Commencement Information

I39Sch. 3 para. 2 in force at 11.4.1988, see reg. 1

Circumstances in which a person is treated as responsible for housing costsE+W+S

3.—(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.

Commencement Information

I40Sch. 3 para. 3 in force at 11.4.1988, see reg. 1

Circumstances in which a person is or is not to be treated as occupying a dwelling as his homeE+W+S

4.—(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 [F64paragraph 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 F65 (provision of accommodation); or

(ii)section 21(1) of, and paragraph 1 or 2 of Schedule 8 to, the National Health Service Act 1977 F66 (prevention, care and after-care) [F67where board is available to the claimant]; or

(iii)provided under section 59 of the Social Work (Scotland) Act 1968 F68 (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).

Textual Amendments

F64Words in Sch. 3 para. 4(7)(c)(ii) 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), 6(a)(i)

F651948, c. 29; section 21 was amended by the Local Government Act 1972 (c. 70), Schedule 23 paragraphs 1 and 2 and Schedule 30; the National Health Service Reorganisation Act 1973 (c. 32), Schedule 4 paragraph 44 and Schedule 5; the Housing (Homeless Persons) Act 1977 (c. 48), Schedule; the National Health Service Act 1977 (c. 49), Schedule 15 paragraph 5; the Health Services Act 1980 (c. 53), Schedule 1 Part I paragraph 5. Section 22 was amended by the Social Work (Scotland) Act 1968 (c. 49), section 87(4) and Schedule 9 Part I; the Supplementary Benefits Act 1976 (c. 71) Schedule 7 paragraph 3; the Housing (Homeless Persons) Act 1977 (c. 48), Schedule; the Social Security Act 1980 (c. 30), section 20, Schedule 4 paragraph 2(1) and Schedule 5 Part II and the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), section 20(1) (a). Section 24 was amended by the National Assistance (Amendment) Act 1959 (c. 30), section 1(1); the National Health Service (Scotland) Act 1972 (c. 58), Schedule 6 paragraph 82; the Local Government Act 1972 (c. 70), Schedule 23 paragraph 2; the National Health Service Reorganisation Act 1972 (c,32), Schedule 4 paragraph 45 and the Housing (Homeless Persons) Act 1977 (c. 48), Schedule. Section 26 was amended by the Health Services and Public Health Act 1968 (c. 46), section 44 and Schedule 4 and the Social Work (Scotland) Act 1968 (c. 49) Schedule 9 Part I and applied by section 87(3); the Local Government Act 1972 (c. 70), Schedule 23 paragraph 2; the Housing (Homeless Persons) Act 1977 (c. 48), Schedule and the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), section 20 (1) (b).

F67Words in Sch. 3 para. 4(9)(b)(ii) inserted (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), 6(a)(ii)

Commencement Information

I41Sch. 3 para. 4 in force at 11.4.1988, see reg. 1

Circumstances in which no amount of housing costs may be metE+W+S

5.  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 [F69regulation 19 (applicable amounts for persons in residential care and nursing homes) applies], unless his absence from the dwelling occupied as his home in such accommodation is only temporary within the meaning of paragraph 4(8).

Textual Amendments

F69Words in Sch. 3 para. 5(b) substituted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 10(a)

Commencement Information

I42Sch. 3 para. 5 in force at 11.4.1988, see reg. 1

Apportionment of housing costsE+W+S

6.—(1) Where—

(a)for the purposes of section 48(5) of the General Rate Act 1967 F70 (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 F71 (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.

Textual Amendments

F701967 c. 9; sections 48(5) and (6) were amended by the Local Government Planning and Land Act 1980 (c. 65) section 33; section 48(6) was also amended by the Rates Act 1984 (c. 33) section 16 Schedule 1 paragraph 10.

Commencement Information

I43Sch. 3 para. 6 in force at 11.4.1988, see reg. 1

Interest on loans to acquire an interest in the dwelling occupied as the homeE+W+S

7.—(1) Subject to [F72the following sub-paragraphs of this paragraph], 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)[F73except 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 [F74(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.

[F75(3A) 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 [F76(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 F77 (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 [F78sub-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 [F79sub-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 [F80sub-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 [F80sub-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 F81 (review of decisions).

(9) [F82Subject to sub-paragraphs (10) and (11),] 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.

[F83(f)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.]

[F84(10) Where–

(a)a claimant has ceased to be in receipt of income support because he or his partner becomes engaged in remunerative work; and

(b)immediately before ceasing to be so in receipt an amount under sub-paragraph (1)(b)(i) was applicable to him,

sub-paragraph (9)(a)(ii) shall apply to him as if for the words “any period of eight weeks or less” there were substituted the words “any period not exceeding the permitted period determined in accordance with regulation 3A (permitted period)”.]

[F84(11) For the purposes of sub-paragraph (1)(b)(i), where–

(a)a claimant has ceased to be entitled to income support because he or his partner is 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; and

(b)immediately before so ceasing an amount under that sub-paragraph was applicable to him,

he shall be treated as if he had been in receipt of income support for the period during which he or his partner was participating in such arrangements or attending such a course.]

Textual Amendments

F81Section 104 is applied by section 52(3) of the Social Security Act 1986 (c. 50); sub-section (1) was substituted by section 52 of, and paragraph 10 of Schedule 5 to, the Social Security Act 1986.

Commencement Information

I44Sch. 3 para. 7 in force at 11.4.1988, see reg. 1

Interest on loans for repairs and improvements to the dwelling occupied as the homeE+W+S

8.—(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 18[F85, 20 or 22 to 34] of Schedule 10 (capital to be disregarded).

Textual Amendments

Commencement Information

I45Sch. 3 para. 8 in force at 11.4.1988, see reg. 1

Other housing costsE+W+S

9.—(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 F86 (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 F87, 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.

Textual Amendments

F86S.I. 1987/ .

F87S.I. 1987/ .

Commencement Information

I46Sch. 3 para. 9 in force at 11.4.1988, see reg. 1

Restriction on meeting housing costs under this ScheduleE+W+S

10.—(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 F88 or the Rent (Scotland) Act 1984 F89, 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)under a secure tenancy for the purposes of Chapter II of Part I of the Housing Act 1980 F90 or Part II of the Tenants' Rights Etc (Scotland) Act 1980 F91 (security of tenure of public sector tenants);

(iii)where the tenant is a protected occupier or statutory tenant for the purposes of the Rent (Agriculture) Act 1976 F92; or

(iv)under a crofting tenancy for the purposes of the Crofters (Scotland) Acts 1955 and 1961 F93;

(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 F94..., 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 [F95under sub-paragraph (3)].

(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) [F96In sub-paragraph (5)] “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).

Textual Amendments

F881977 c. 42; Part II of Schedule 15 was amended by the Housing Act 1980 (c. 51) sections 55, 66, 67 and by the Rent (Amendment) Act 1955 (c. 24) section 2.

F931955 (c. 21), 1961 (c. 58).

F94Words in Sch. 3 para. 10(4)(a) 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. 6 (with reg. 28)

Commencement Information

I47Sch. 3 para. 10 in force at 11.4.1988, see reg. 1

Non-dependant deductionsE+W+S

11.—(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 [F97or 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 F98...[F99a 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, [F100£12.50];

(ii)in any other case, [F100£9.15].

(b)in respect of a non-dependant aged 18 or more to whom (a) does not apply—

(i)where the claimant or his partner is a Crown tenant and paragraph 9(5)(a)(ii) or (b)(ii) applies, [F100£7.20];

(ii)in any other case, [F100£3.85].

(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 [F101and 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 [F101or that of the person in board and lodging accommodation] is less than [F102£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)if he is in receipt of a training allowance paid in connection with a Youth Training Scheme established under section 2 of the Employment and Training Act 1973 F103 [F104and is not a person who lives in board and lodging accommodation]; or

(c)if he is a full-time student during a period of study [F104and is not a person who lives in board and lodging accommodation]; or

(d)if he is aged under 25 and in receipt of income support [F104and is not a person who lives in board and lodging accommodation]; 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).

Textual Amendments

F97Words in Sch. 3 para. 11(1) inserted (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), 6(b)(i)

F98Words in Sch. 3 para. 11(1)(a) omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 10(b)(i)

F99Words in Sch. 3 para. 11(1)(a) inserted (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), 6(b)(i)

F100Sums in Sch. 3 para. 11(1) 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(6) (with art. 20)

F101Words in Sch. 3 para. 11(2) inserted (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), 6(b)(ii)

F102Sum in Sch. 3 para. 11(2) 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(7) (with art. 20)

F1031973 c. 50 as amended by sections 9 and 11 and Schedule 2 Part II paragraph 9 and Schedule 3 of the Employment and Training Act 1971 (c. 57).

F104Words in Sch. 3 para. 11(7) substituted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 10(b)(ii)

Commencement Information

I48Sch. 3 para. 11 in force at 11.4.1988, see reg. 1

Rounding of fractionsE+W+S

12.  Where any calculation made under this Schedule results in a fraction of a penny, that fraction shall be treated as a penny.

Commencement Information

I49Sch. 3 para. 12 in force at 11.4.1988, see reg. 1

Regulations 17(1)(g), 18(1)(h) and 71(1)(a)(v) and (d)(iv)

[F105SCHEDULE 3AE+W+SPROTECTED SUM

Textual Amendments

InterpretationE+W+S

1.—(1) In this Schedule—

[F106“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;]

“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 [F107to 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];

[F108“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;]

“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;

“second week” means the benefit week beginning on a day during the period of 7 days commencing on 10th April 1989.

[F109“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)[F110except 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.

Textual Amendments

F106Words in Sch. 3A para. 1(1) substituted (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 7(a)(i)

F107Words in Sch. 3A para. 1(1) inserted (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 7(a)(ii)

F108Words in Sch. 3A para. 1(1) substituted (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 7(a)(iii)

F109Words in Sch. 3A para. 1(1) inserted (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 7(a)(iv)

Protected sumE+W+S

2.—(1) [F111Subject 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 [F112of 7 consecutive days] beginning 10th April 1989,

the protected sum applicable to the claimant shall be an amount equal to the difference.

[F113(2) Where–

(a)in the second week a claimant’s income calculated in accordance with Part V or, as the case may be, VI exceeds the aggregate of his applicable amount determined in accordance with the relevant provisions and X; and

(b)the amount of income support to which he is entitled in the first week is more than the amount of housing benefit to which he would, but for this sub-paragraph, have been entitled in the period of 7 consecutive days beginning on 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.]

Textual Amendments

F111Words in Sch. 3A para. 2 substituted (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 7(b)(i)

F112Words in Sch. 3A para. 2(b) inserted (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 7(b)(ii)

Persons not entitled to a protected sumE+W+S

3.—(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.

[F114(2) A protected sum shall not be applicable to a claimant, [F115unless 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.]

[F114(3) 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.]

Textual Amendments

F115Words in Sch. 3A para. 3(2) substituted (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 7(d)

Period of applicationE+W+S

4.  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 sumE+W+S

5.—(1) Subject to [F116sub-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.

[F117(3) 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.]

Textual Amendments

F116Words in Sch. 3A para. 5(1) substituted (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 7(e)(i)

F117Sch. 3A para. 5(3) added (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 7(e)(ii)

Termination of protected sumE+W+S

6.  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 [F118vacates] his accommodation; or

(c)the claimant ceases to be entitled to income support.

Textual Amendments

Protected personsE+W+S

7.—(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 [F119old 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)F120...; 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 [F121(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).

[F122(5) 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 [F123a period not exceeding the permitted period determined in accordance with regulation 3A (permitted period)]–

(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).]]

Textual Amendments

F120Words in Sch. 3A para. 7(1)(b)(ii) omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 11

F122Sch. 3A para. 7(5)-(10) substituted for para. 7(5)-(7) (10.4.1989) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 1(1)(b), 7(f)

Regulations 17(1)(g), 18(1)(h) and 71(1)(a)(v) and (d)(iv)

[F124SCHEDULE 3BE+W+SPROTECTED SUM

Textual Amendments

F124Sch. 3B inserted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 18, Sch. 2

InterpretationE+W+S

1.—(1) In this Schedule–

“eligible housing benefit” means–

(a)for the period of 7 consecutive days beginning on 2nd October 1989, the amount of housing benefit to which the claimant or his partner was entitled in that period which relates to the hostel 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 9th October 1989 or, in a case to which paragraph 6(4)(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.

“first week” means the benefit week beginning on a day during the period of 7 days commencing on 2nd October 1989;

“hostel” means any establishment which immediately before the commencement of this Schedule was a hostel within the meaning of regulation 20(2) (applicable amounts for persons in hostels);

“income support” includes any sum payable under Part II of the Income Support (Transitional) Regulations 1987;

“March benefit week” means the benefit week beginning on a day during the period of 7 consecutive days beginning 20th March 1989;

“protected sum” means the amount applicable under this Schedule to a claimant who in the first week is living in a hostel or who or whose partner is temporarily absent in that week from that accommodation;

“protected total” means–

(a)

the total of the claimant’s applicable amount under regulation 20 in the first week or, F125... if the claimant or any partner of his is temporarily absent from his accommodation [F126for a period not exceeding 14 weeks which includes 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 2nd October 1989;

“relevant benefit week” means the benefit week beginning on a day during the period of 7 days commencing on 9th April 1990;

“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);

(dd)

[F127paragraph 13 of Schedule 7 (persons in residential accommodation);]

(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;

“second week” means the benefit week beginning on a day during the period of 7 days commencing on 9th October 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)except in so far as it relates to any temporary absence to which paragraph 6(4) 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.

Textual Amendments

F125Words in Sch. 3B para. 1(1) omitted (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by virtue of The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(b), 9(a)(i)

F126Words in Sch. 3B para. 1(1) substituted (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(b), 9(a)(i)

F127Words in Sch. 3B para. 1(1) inserted (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(b), 9(a)(ii)

Protected sumE+W+S

2.—(1) Subject to the following provisions of this paragraph and the following paragraphs of this Schedule, where the protected total of a claimant is more than–

(a)his applicable amount in the second week determined in accordance with the relevant provisions less the amount of any increase consequent on the coming into force of regulation 5 of the Income Support (General) Amendment Regulations 1989; and

(b)any eligible housing benefit for the period of 7 consecutive days beginning 9th October 1989,

the protected sum applicable to the claimant shall be an amount equal to the difference.

(2) Where–

(a)in the second week a claimant’s income calculated in accordance with Part V or, as the case may be, VI exceeds the aggregate of his applicable amount determined in accordance with the relevant provisions and X; and

(b)the amount of income support to which he is entitled in the first week is more than the amount of housing benefit to which he would, but for this sub-paragraph, have been entitled in the period of 7 consecutive days beginning on 9th October 1989,

the protected sum applicable to the claimant shall be an amount equal to X+Y+10 pence.

(3) In sub-paragraph (2)–

“X” means the sum which, but for sub-paragraph (2), would be the protected sum applicable under sub-paragraph (1);

“Y” means the amount of the excess to which sub-paragraph (2)(a) refers.

(4) For the period beginning with the claimant’s relevant benefit week the protected sum applicable to the claimant shall, subject to sub-paragraph (6) and the following paragraphs of this Schedule, be–

(a)the total of–

(i)the amount of the allowance for personal expenses for the claimant or, if he is a member of a family, for him and for each member of his family in the first week determined, or which, but for any temporary absence, would have been determined, in accordance with paragraph 11 of Schedule 5 as then in force;

(ii)the amount of any increase for meals in the first week determined, or which, but for any temporary absence, would have been determined, in accordance with paragraph 2 of that Schedule; and

(iii)the amount or, if he is a member of a family, the aggregate of the amounts determined in accordance with sub-paragraph (5),

less the aggregate of his applicable amount in the second week determined, or which, but for any temporary absence, would have been determined, in accordance with the relevant provisions and, where applicable, the amount of any reduction in the protected sum made by virtue of paragraph 4 in a benefit week occurring before the relevant benefit week; or

(b)the amount of the protected sum which was applicable to him in the immediately preceding benefit week,

whichever is the lower.

(5) For the purposes of sub-paragraph (4)(a), where in the first week the accommodation charge makes or, but for any temporary absence, would have made, provision or no provision for meals, as respects each person an amount shall be determined as follows–

(a)in a case where the provision is for at least three meals a day–

(i)for the claimant, £17.20;

(ii)for a member of his family aged 16 or over, £12.50;

(iii)for a member of his family aged less than 16, £6.25;

(b)except where head (c) applies, in a case where the provision is for less than three meals a day–

(i)for the claimant, £13.85;

(ii)for a member of his family aged 16 or over, £8.30;

(iii)for a member of his family aged less than 16, £4.15;

(c)in a case where the provision is for breakfast only–

(i)for the claimant, £7.05;

(ii)for a member of his family, £1.50;

(d)in a case where there is no provision for meals, for the claimant or, if he is a member of a family, for the claimant and for the members of his family for whom there is no such provision, £5.55;

(6) Where in the relevant benefit week the claimant is in, or only temporarily absent from, residential accommodation, the protected sum applicable to the claimant for the period beginning with that week shall[F128, subject to the following paragraphs of this Schedule,] be–

(a)equal to the difference between–

(i)the amount of the allowance for personal expenses for the claimant or, if he is a member of a family, for him and for each member of his family in the first week determined, or which, but for any temporary absence, would have been determined, in accordance with paragraph 11 of Schedule 5 as then in force; and

(ii)the amount of the allowance for personal expenses for the claimant or, if he is a member of a family, for him and for each member of his family in the second week determined, or which, but for any temporary absence would have been determined, under paragraph 13 of Schedule 7 (persons in residential accommodation),

less, where applicable, the amount of any reduction in the protected sum made by virtue of paragraph 4 in a benefit week occurring before the relevant benefit week; or

(b)the amount of the protected sum which was applicable to him in the immediately preceding benefit week,

whichever is the lower.

Textual Amendments

F128Words in Sch. 3B para. 2(6) inserted (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(b), 9(b)

Persons not entitled to a protected sumE+W+S

3.—(1) Subject to paragraph 6, a protected sum shall not be applicable to a claimant where he changes or vacates his hostel during the period of 7 consecutive days beginning 9th October 1989.

(2) Except where regulation 8(2)(b) of the Housing Benefit (General) Regulations 1987 (eligible housing costs) applies, a protected sum shall not be applicable to a claimant unless he, or any partner of his, is entitled to housing benefit for the period of 7 consecutive days beginning 9th October 1989 or, where paragraph 6(4)(b) applies, for the period of 7 consecutive days referred to in that paragraph, in respect of the hostel normally occupied as the home by him, or if he has a partner, by him and his partner.

(3) A protected sum shall not be applicable to a claimant where–

(a)he has been or would, but for any temporary absence, have been in the same accommodation in both the March benefit week and the second week, and–

(i)his applicable amount in both those weeks fell or would have fallen, but for any temporary absence, to be determined under paragraph 13(1) of Schedule 7; or

(ii)his applicable amount in the second week fell or would have fallen, but for any temporary absence, to be determined under that paragraph and would also have fallen to be so determined in the March benefit week had his stay in that accommodation been other than temporary; or

(b)his applicable amount in the second week fell or would have fallen, but for any temporary absence, to be determined under that paragraph and would also have fallen to be so determined in the March benefit week had he been in the same accommodation in that week and had his stay in that accommodation been other than temporary;[F129or

(c)his applicable amount in the first week fell or would have fallen, but for any temporary absence, to be determined under regulation 20 but would not have fallen to be so determined in the March benefit week had he been in the same accommodation in that week and had his stay in that accommodation been other than temporary.]

[F130(4) For the purposes of sub-paragraph (3), where–

(a)a claimant’s applicable amount in respect of the March benefit week has been determined under paragraph 13(1) of Schedule 7 and it is subsequently determined on review that it fell to be determined under regulation 20, he shall, notwithstanding that review, be treated as if his applicable amount fell to be determined under that paragraph;

(b)a claimant has been temporarily absent from his accommodation in the March benefit week and immediately before the period of temporary absence his applicable amount was determined under paragraph 13(1) of Schedule 7, he shall be treated as if his applicable amount would have fallen to be determined under that paragraph during the period of temporary absence notwithstanding that it is subsequently determined on review that immediately before the period of temporary absence it fell to be determined under regulation 20;

(c)a claimant has entered his accommodation after the March benefit week, he shall be treated as if his applicable amount, had he been in that accommodation in the March benefit week, would not have fallen to be determined under regulation 20 in that week if the applicable amounts of other claimants in that accommodation in that week were determined otherwise than under that regulation notwithstanding that it is subsequently determined on review that they fell to be determined under regulation 20.]

Textual Amendments

F129Sch. 3B para. 3(3)(c) and word added (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(b), 9(c)(i)

F130Sch. 3B para. 3(4) added (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(b), 9(c)(ii)

Reduction of protected sumE+W+S

4.—(1) Subject to sub-paragraph (2), 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.

Termination of protected sumE+W+S

5.  Subject to paragraph 6, the protected sum shall cease to be applicable if–

(a)that amount is reduced to nil under paragraph 4; or

(b)the claimant changes or vacates his hostel; or

(c)the claimant ceases to be entitled to income support.

Modifications in cases of temporary absence and loss of entitlement to income supportE+W+S

6.—(1) Paragraph 5(b) shall not apply to a claimant if–

(a)he becomes a patient within the meaning of regulation 21(3) (special cases); or

(b)on his ceasing to be a patient within the meaning of regulation 21(3), he returns to the hostel which he occupied immediately before he became a patient; or

(c)in a case to which sub-paragraph (3) applies, on his becoming re-entitled to income support, he is in the accommodation which he occupied immediately before he ceased to be entitled to income support.

(2) Except where sub-paragraph (4) applies, where a protected sum was applicable to the claimant 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 (1)(b), on his or, as the case may be, his partner 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 9th October 1989; or, if greater,

(ii)in a case where sub-paragraph (4)(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.

(3) Paragraph 5(c) shall not apply to a claimant who has ceased to be entitled to income support for [F131a period not exceeding the permitted period determined in accordance with regulation 3A (permitted period)]–

(a)if immediately before he ceased to be so entitled a protected sum was applicable to him; and

(b)except where sub-paragraph (4) applies, if during that period he becomes re-entitled, or would by virtue of this sub-paragraph be re-entitled, to income support he shall, subject to sub-paragraph (1)(c), 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 benefit for the period of 7 consecutive days beginning 9th October 1989 or, if greater, in a case to which sub-paragraph (4)(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.

(4) Where a claimant or any partner of his is temporarily absent from his accommodation for a period not exceeding 14 weeks which includes the first or second week (or both)–

(a)in a case where a protected sum was applicable to the claimant 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 claimant’s or, as the case may be, his partner’s return to that accommodation, the claimant 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 9th October 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 claimant; or

(ii)immediately before the claimant’s or, as the case may be, his partner’s return to that accommodation a protected sum was applicable to the claimant but a reduced charge was made for the accommodation during the temporary absence,

the claimant on his or, as the case may be, his partner’s return to that accommodation shall, subject to sub-paragraph (5), 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.

(5) Where, in a case to which sub-paragraph (4)(b)(i) applies–

(a)in the first complete benefit week after the claimant’s or, as the case may be, his partner’s return to his accommodation the 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 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 to the claimant shall be an amount equal to X+Y+10 pence.

(6) In sub-paragraph (5)–

“X” means the sum which, but for sub-paragraph (5), would be the protected sum applicable in a case to which sub-paragraph (4)(b)(i) applies;

“Y” means the amount of the excess to which sub-paragraph (5)(a) refers.

(7) The foregoing provisions of this paragraph shall not apply to a claimant if he or, if he has a partner, he or his partner, in the first week is temporarily living in a hostel and that accommodation is not the accommodation normally occupied as the home.]

Textual Amendments

F131Words in Sch. 3B para. 6(3) substituted (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(b), 9(d)

Regulation 19

SCHEDULE 4E+W+S

PART IE+W+Sapplicable amounts of persons in residential care and nursing homes

1.—(1) Subject to sub-paragraph (2), the weekly applicable amount of a claimant to whom regulation 19 applies shall be the aggregate of—E+W+S

(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)where he is only temporarily in such accommodation any amount applicable under [F132regulation 17(1)(e) or 18(1)(f)] (housing costs) in respect of the dwelling normally occupied as the home; [F133and

(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 £3,000.

Textual Amendments

Modifications etc. (not altering text)

C2Sch. 4 Pt. I para. 1(2) sum 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(2) (with art. 20)

Commencement Information

I50Sch. 4 para. 1 in force at 11.4.1988, see reg. 1

2.—(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.E+W+S

(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 £1.10;

(ii)for a midday meal, at a daily rate of £1.55; and

(iii)for an evening meal, at a daily rate of £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.

Modifications etc. (not altering text)

C3Sch. 4 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(9), Sch. 5 Pt. II (with art. 20)

Commencement Information

I51Sch. 4 para. 2 in force at 11.4.1988, see reg. 1

3.  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).E+W+S

Commencement Information

I52Sch. 4 para. 3 in force at 11.4.1988, see reg. 1

F1344.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

Commencement Information

I53Sch. 4 para. 4 in force at 11.4.1988, see reg. 1

5.—(1) Subject to paragraph 12 the maximum referred to in paragraph 1(1)(a) shall be—E+W+S

(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;

[F135(b)in the case of a claimant who is a member of a family the aggregate of the following amounts–

(i)in respect of the claimant, the appropriate amount in respect of him specified in or determined in accordance with paragraph 6 to 11;

(ii)in respect of each member of his family who lives in the home aged under 11, 1½ times the amount specified in paragraph 2(a) of Schedule 2;

(iii)in respect of each member of his family aged not less than 11 who lives in the home, an amount which would be the appropriate amount specified in or determined in accordance with paragraph 6 to 11 if the other member were the claimant.]

(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.

Textual Amendments

Commencement Information

I54Sch. 4 para. 5 in force at 11.4.1988, see reg. 1

Residential care homesE+W+S

6.—(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 [F136£140.00] per week;

(b)past or present mental disorder but excluding mental handicap, the appropriate amount shall be [F136£140.00] per week;

(c)past or present drug or alcohol dependence, the appropriate amount shall be [F136£140.00] per week;

(d)mental handicap, the appropriate amount shall be [F136£165.00] per week;

(e)physical disablement, the appropriate amount shall be—

(i)in the case of a person to whom paragraph 8 applies, [F136£200.00] per week, or

(ii)in any other case [F136£140.00] per week; or

(f)any condition not falling within sub-paragraphs (a) to (e) above, the appropriate amount shall be [F136£140.00] per week.

(2) Where the claimant is over pensionable age and—

[F137(a)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 F138, which states that he has satisfied or is likely to satisfy both the conditions mentioned in section 35(1) of that Act; or

(c)he is in receipt of any payment based on need for attendance which is payable—

(i)under section 61 of the Social Security Act F139

(ii)by virtue of article 14 of the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 1983 F140 or article 14 of the Personal Injuries (Civilians) Scheme 1983 F141

the appropriate amount shall, except where sub-paragraph (1)(d) or (e)(i) applies, be £155.00 per week.

Textual Amendments

F136Sums in Sch. 4 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(8), Sch. 5 Pt. I (with art. 20)

F1381975 c. 14; section 35(2) was amended and subsection (2A) was added by the Social Security Act 1979 (c. 18) section 2. Subsections (3) and (4) of section 61 were added by the Social Security Act 1986 (c. 50) section 39, Schedule 3 paragraph 6.

F139subsections (3) and (4) of section 61 were added by the Social Security Act 1986 (c. 50) section 39, Schedule 3 paragraph 6.

Modifications etc. (not altering text)

C3Sch. 4 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(9), Sch. 5 Pt. II (with art. 20)

Commencement Information

I55Sch. 4 para. 6 in force at 11.4.1988, see reg. 1

Nursing homesE+W+S

7.  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 [F136£195.00] per week;

(b)mental handicap, the appropriate amount shall be [F136£205.00] per week;

(c)past or present drug or alcohol dependence the appropriate amount shall be [F136£190.00] per week;

(d)physical disablement, the appropriate amount shall be—

(i)in the case of a person to whom paragraph 8 applies, [F136£235.00] per week, or

(ii)in any other case, [F136£190.00] per week;

(e)terminal illness, the appropriate amount shall be [F136£235.00] per week; or

(f)any condition not falling within sub-paragraphs (a) to (e) the appropriate amount shall be [F136£190.00] per week.

Textual Amendments

F136Sums in Sch. 4 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(8), Sch. 5 Pt. I (with art. 20)

Commencement Information

I56Sch. 4 para. 7 in force at 11.4.1988, see reg. 1

8.  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.E+W+S

Commencement Information

I57Sch. 4 para. 8 in force at 1.4.1988, see reg. 1

9.  The appropriate amount applicable to a claimant in a residential care home or nursing home shall, subject to paragraph 10, be determined—E+W+S

(a)where the home is a residential care home registered under Part I of the Registered Homes Act 1984 F142, 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.

Textual Amendments

Commencement Information

I58Sch. 4 para. 9 in force at 11.4.1988, see reg. 1

10.—(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.E+W+S

(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.

Commencement Information

I59Sch. 4 para. 10 in force at 11.4.1988, see reg. 1

11.—(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 [F136£23.00.]E+W+S

(2) In sub-paragraph (1), “the Greater London area” means all those areas specified [F143immediately before 10th April 1989 as being within Area 53 in Schedule 6 as then in force.]

Textual Amendments

F136Sums in Sch. 4 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(8), Sch. 5 Pt. I (with art. 20)

F143Words in Sch. 4 para. 11(2) 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), 8

Commencement Information

I60Sch. 4 para. 11 in force at 11.4.1988, see reg. 1

Circumstances in which the maximum is not to applyE+W+S

12.—(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 F144 (housing the homeless), or

(ii)by a local authority under section 1 of the Child Care Act 1980 F145 (duty of local authorities to promote welfare of children) or, in Scotland, section 12 of the Social Work (Scotland) Act 1968 F146 (general welfare); and

(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 F147 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.

Textual Amendments

Commencement Information

I61Sch. 4 para. 12 in force at 11.4.1988, see reg. 1

Personal allowancesE+W+S

13.  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 [F136£10.05]; and, if he has a partner, for his partner, [F136£10.05];

(b)for a young person aged 18, [F136£10.05];

(c)for a young person aged under 18 but over 16, [F136£7.00];

(d)for a child aged under 16 but over 11, [F136£6.05];

(e)for a child aged under 11, [F136£4.10].

Textual Amendments

F136Sums in Sch. 4 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(8), Sch. 5 Pt. I (with art. 20)

Commencement Information

I62Sch. 4 para. 13 in force at 11.4.1988, see reg. 1

PART IIE+W+Spersons to whom regulation 19 does not apply

[F14814.  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.]E+W+S

Textual Amendments

Commencement Information

I63Sch. 4 para. 14 in force at 11.4.1988, see reg. 1

15.  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.E+W+S

Commencement Information

I64Sch. 4 para. 15 in force at 11.4.1988, see reg. 1

16.  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.E+W+S

Commencement Information

I65Sch. 4 para. 16 in force at 11.4.1988, see reg. 1

17.  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.E+W+S

Commencement Information

I66Sch. 4 para. 17 in force at 11.4.1988, see reg. 1

Regulation 20

F149SCHEDULE 5E+W+S

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

Textual Amendments

F149Sch. 5 omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 12

Regulation 20(2) paragraph 5 of Schedule 5

SCHEDULE 6E+W+SBOARD AND LODGING AREAS

F150...E+W+S

Textual Amendments

Regulation 21

SCHEDULE 7E+W+SAPPLICABLE AMOUNTS IN SPECIAL CASES

Commencement Information

I67Sch. 7 in force at 11.4.1988, see reg. 1

Column (1)Column (2)

Patients

1.  Subject to paragraphs 2, 3 and 18, a person who has been a patient for a period of more than six weeks and who is—

(a)a single claimant;

1.— 

(a)[F151£8.70] plus any amount applicable under regulation 17[F152(1)](e)[F153, (f) or (g)]

(b)lone parent;

(b)[F151£8.70] plus any amounts applicable to him under regulation 17[F152(1)](b), (c)[F154, (e)][F153, (f) or (g)] or under regulation 17[F152(1)](d) because of paragraph 8 or 14 of Schedule 2 (applicable amounts);

(c)a member of a couple—

(i)where only one of the couple is a patient or, where both members of the couple are patients but only one has been a patient for that period;

(c)(i)the amount applicable in respect of both of them under regulation 17[F152(1)] reduced by [F151£8.70;]

(ii)where both members of the couple have been a patient for that period;

(ii)[F151£17.40] plus any amounts which may be applicable under regulation 17[F152(1)](b), (c)[F154, (e)][F153, (f) or (g)] or under regulation 17[F152(1)](d) because of paragraph 14 of Schedule 2;

(d)a member of a polygamous marriage—

(i)where at least one member of the polygamous marriage is not a patient or has not been a patient for more than that period;

(d)(i)the applicable amount under regulation 18 (polygamous marriages) shall be reduced by [F151£8.70] in respect of each such member who is a patient;

(ii)where all the members of the polygamous marriage have been patients for more than that period.

[F155(ii) the applicable amount shall be [F151£8.70] in respect of each member plus any amounts applicable under regulation 18(1)(c), (d), (f)[F156, (g) or (h)], or (e) because of his satisfying the condition specified in paragraph 14 of Schedule 2.]

2.  A single claimant who has been a patient for a continuous period of more than 52 weeks, where—

(a)the following conditions are satisfied—

(i)a person has been appointed to act for him under regulation 33 of the Social Security (Claims and Payments) Regulations 1987 F157 (persons unable to act); and

2.— 

(a)Such amount (if any) not exceeding [F151£8.70] as is reasonable having regard to the views of the hospital staff and the patient's relatives if available as to the amount necessary for his personal use;

(ii)his income support is payable to an administrative officer of the hospital or other institution either as or at the request of the person so appointed; and

(iii)a registered medical practitioner treating him certifies that all or part of his income support cannot be used by him or on his behalf; or

(b)those conditions are not satisfied.

[F151(b)£8.70.]

3.  Subject to paragraph 18—

(a)a claimant who is not a patient and who is a member of a family of which another member is a child or young person who has been a patient for a period of more than 12 weeks; or

3.— 

(a)The amount applicable to him under regulation 17[F152(1)] or 18 except that the amount applicable under regulation 17[F152(1)](b) [F158or 18(1)(c)] in respect of the child or young person referred to in Column (1) of this paragraph shall be [F151£8.70] instead of an amount determined in accordance with paragraph 2 of Schedule 2; or

(b)where the person is a member of a family and paragraph 1 applies to him and another member of the family who is a child or young person has been a patient for a period of more than 12 weeks.

(b)the amount applicable to him under paragraph 1 except that the amount applicable under regulation 17[F152(1)](b) [F158or 18(1)(c)] in respect of the child or young person referred to in Column (1) of this paragraph shall be [F151£8.70] instead of an amount determined in accordance with paragraph 2 of Schedule 2.

F159. . .F159. . .
F160. . .F160. . .
Claimants without accommodation

6.  A claimant who is without accommodation.

6.  The amount applicable to him under regulation 17[F152(1)](a) only.

Members of religious orders

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

7.  Nil.

Prisoners

Valid from 12/04/2004

8.  A person—

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

8.— 

(a)Nil;

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

(b)only such amount, if any, as may be applicable under regulation 17[F152(1)](e).

Specified cases of temporarily separated couples

9.  A claimant who is a member of a couple and who is temporarily separated from his partner [F161where—

(a)one member of the couple is–

(i)not a patient but is resident in a nursing home, or

(ii)resident in a residential care home, or

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

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

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

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

(b)the other member of the couple is–

(i)living in the dwelling occupied as the home, or

(ii)a patient, or

(iii)in residential accommodation, or

(iv)resident in a residential care home or nursing home.]

9.  Either—

(a)the amount applicable to him as a member of a couple under regulation 17[F152(1)]; or

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

whichever is the greater.

Polygamous marriages where one or more partners are temporarily separated

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

(a)not a patient but is resident in a nursing home; or

(b)resident in a residential care home; or

(c)F162. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(e)attending a course of training or instruction provided or approved by the [F163Training Commission] where the course requires him to live away from home; or

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

10.  Either—

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

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

whichever is the greater.

[F164Single claimants temporarily in local authority accommodation

10A.  Except where paragraph 10B(4) applies, a single claimant who is temporarily in accommodation referred to in [F165any of sub-paragraphs (a) to (d) ([F166excluding heads (i) and (ii)] of sub-paragraph (d)) of the definition of residential accommodation] in regulation 21(3) (special cases).

[F16710A.  [F151£43.60] of which [F151£34.90] is in respect of the cost of the accommodation and [F151£8.70] for personal expenses plus any amounts applicable under regulation 17(1)(e) or (f)]

Couples and members of polygamous marriages where one member is or all are temporarily in local authority accommodation

10B.  —

(1) A claimant who is a member of a couple and temporarily separated from his partner where one of them is living in the home while the other is in accommodation referred to in [F168any of sub-paragraphs (a) to (d) ([F169excluding heads (i) and (ii)] of sub-paragraph (d)) of the definition of residential accommodation] in regulation 21(3) (special cases).

(1) The aggregate of the amount applicable for the member who remains in the home calculated as if he were a single claimant under regulation 17[F152(1)], 19F170... or 21 and in respect of the other member, [F151£43.60] of which [F151£34.90] is in respect of the cost of the accommodation and [F151£8.70] for personal expenses.

(2) A claimant who is a member of a polygamous marriage and who is temporarily separated from a partner of his where one is, or some are, living in the home while one is, or some are, in accommodation referred to in sub-paragraph (1).

(2) The aggregate of the amount applicable, for the members of the polygamous marriage who remain in the home, under regulation 18 and in respect of each member not in the home [F151£43.60] of which [F151£34.90] is in respect of the accommodation and [F151£8.70] for personal expenses.

(3) A claimant who is a member of a couple or a member of a polygamous marriage where both members of that couple or all the members of that marriage are in accommodation referred to in sub-paragraph (1).

(3) For each member of that couple or marriage [F151£43.60], of which [F151£34.90] is in respect of the accommodation and [F151£8.70] for personal expenses plus, if appropriate, the amount applicable under regulation 17[F152(1)](e) or 18(f).

(4) A claimant who is a member of a couple or of a polygamous marriage to whom regulation 16(1) (members of the household) does not apply by virtue of sub-paragraph (3)(c) of that regulation where the member is in accommodation referred to in subparagraph (1).

(4) [F151£43.60] of which [F151£34.90] is in respect of the accommodation and [F151£8.70] for personal expenses.]

[F171Lone parents who are in residential accommodation temporarily

10C.  A claimant who is a lone parent who has entered residential accommodation temporarily.

10C.  [F151£43.60] of which [F151£34.90] is in respect of accommodation and [F151£8.70] for personal expenses plus a personal allowance in respect of each child for whom he is responsible calculated under regulation 17F172... or 21, as appropriate, plus any amount which is applicable in his case under regulation 17(1)(c), (e) or (f), or (d) in so far as it relates to lone parent premium under paragraph 8 of Schedule 2.]

[F173Lone parents who are in residential care homes or nursing homes temporarily

10D.  A claimant who is a lone parent who is in a residential care home or nursing home temporarily.

10D.  Any amount applicable to the claimant under paragraph 1(1)(a) and (c) of Schedule 4, determined as if he were a single claimant, plus–

(a)in respect of each child who is a member of his family, the appropriate amount in respect of him prescribed in paragraph 2(a) or (b) of Schedule 2 or under this Schedule as appropriate; and

(b)any amount which would be applicable to the claimant, if he were not temporarily living away from the dwelling occupied as the home, under regulation 17(1)(c), (f) or (g), or (d) in so far as it relates to the lone parent premium under paragraph 8 of Schedule 2.]

Couples where one member is abroad

11.  A claimant who is a member of a couple and whose partner is temporarily not present in [F174United Kingdom.]

11.  For the first four weeks of that absence, the amount applicable to them as a couple under regulation 17[F152(1)], or [F17519 or 21] as the case may be and thereafter the amount applicable to the claimant in Great Britain under regulation 17[F152(1)] or [F17519 or 21] as the case may be as if the claimant were a single claimant or, as the case may be, a lone parent.

Polygamous marriages where any member is abroad

12.  A claimant who is a member of a polygamous marriage and who, or whose partner, is temporarily not present in Great Britain.

12.  For the first four weeks of that absence, the amount applicable to them as members of a polygamous marriage under regulations [F17618, 19 or 21] as the case may be and thereafter the amount applicable to the claimant in Great Britain under regulations [F17618, 19 or 21] as the case may be as if the member not in Great Britain were not a member of the marriage.

Persons in residential accommodation

13.—(1) Subject to sub-paragraph (2), a person in or only temporarily absent from residential accommodation who is—

13.—(1) [F177Any amount applicable under regulation 17(1)(f) or 18(1)(g), plus]

(a)a single claimant;

(a)[F151£43.60] of which [F151£34.90] is in respect of the cost of the residential accommodation and [F151£8.70] for personal expenses;

(b)a lone parent;

(b)the amount specified in sub-paragraph (a) of this column;

(c)one of a couple;

(c)twice the amount specified in sub-paragraph (a) of this column;

(d)a child or young person;

(d)the appropriate amount in respect of him prescribed in paragraph 2 of Schedule 2 (applicable amounts);

(e)a member of a polygamous marriage.

(e)the amount specified in sub-paragraph (a) of this column multiplied by the number of members of the polygamous marriage in or only temporarily absent from that accommodation;

(2)  A single claimant who has become a patient and whose residential accommodation was provided by and managed by a local authority.

[F151(2)  £8.70.]

[F178Polish Resettlement]

13A.  A claimant for whom accommodation is provided under section 3 of, and Part II of the Schedule to, the Polish Resettlement Act 1947 (provision of accommodation in camps).

13A.  —

(1) The aggregate of–

(a)the weekly charge for the accommodation provided for him, or if he is a member of a family, for him and his family subject to the maximum determined in accordance with sub-paragraph (2); and

(b)a weekly amount for personal expenses for him or, if he is a member of a family, for him and for each member of his family determined in accordance with sub-paragraph (3).

(2) The maximum referred to in sub-paragraph (1)(a) shall be–

(a)in the case of a single claimant, £140;

(b)in the case of a claimant who is a member of a family the aggregate of the following amounts–

(i)in respect of the claimant, £140;

(ii)in respect of each member of his family who lives in the accommodation aged under 11, 1½ times the amount specified in paragraph 2(a) of Schedule 2;

(iii)in respect of each member of his family aged not less than 11 who lives in the accommodation, £140; and

(iv)where the claimant is a lone parent, in respect of each member of the family who does not live in the accommodation, the amount which would be applicable in respect of that member under Schedule 2.

(3) The amount for personal ex-penses referred to in sub-paragraph (1)(b) shall be–

(a)for the claimant, £13.25;

(b)for his partner, £13.25;

(c)for a young person aged 18, £11.95;

(d)for a young person aged under 18 but over 16, £7.00;

(e)for a child aged under 16 but over 11, £6.05;

(f)for a child aged under 11, £4.10.

(4) The maximum amount in respect of a member of a family aged under 11 calculated in the manner referred to in sub-paragraph (1)(b)(ii) 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.

Polish Resettlement

14.  F179

. . .		F179. . .
Resettlement Units

15.  F180

. . .		F180. . .
Persons temporarily absent from board and lodging accommodation or a hostel, residential care or nursing home

16.  Where a person has to pay a retaining fee for accommodation which, but for his temporary absence from it, regulation 19 F181... (persons in residential care or nursing homes) F181... would apply and—

16.  The amount otherwise applicable to him under these Regulations may be increased to take account of the retaining fee by an amount not exceeding 80 per cent of the applicable amount referred to in paragraph 1(1)(a) of Schedule 4 (applicable amounts of persons in residential care or nursing homes) F182... and—

(a)he is a person in accommodation referred to in [F183any of sub-paragraphs (a) to (d) ([F184excluding heads (i) and (ii)] of sub-paragraph (d)) of the definition of residential accommodation] [F185in regulation 21(3)] (special cases) and paragraph 13 does not apply to him by reason only that his stay in that accommodation has not become other than temporary; or

(a)in a case to which sub-paragraph (a) or (b) of Column 1 applies any such increase shall not be for a continuous period of more than 52 weeks;

(b)he is a person to whom paragraph 1 to 3 [F186or 18(b)(i), (b)(ii) case two, or (b)(iv) cases one and three (patients)] applies; or

(b)in a case of a person to whom only sub-paragraph (c) of Column 1 applies, any such increase shall not be for a continuous period of more than four weeks.

(c)he is absent for a period of at least one week from that accommodation being accommodation either in a residential care home or nursing home and he is not required to be available for employment.

Persons from abroad

17.  Except in relation to a person from abroad to whom regulation 70(3) applies (urgent cases)—

(a)a person from abroad who is a single claimant;

17.—(a) Nil;

(b)a lone parent—

(i)where he is a person from abroad;

(b)(i)nil;

(ii)where he is not a person from abroad but one or more members of his family are persons from abroad;

(ii)the amount applicable to him under regulation 17[F152(1)](a) plus in respect of any members of his family not a person from abroad, any amounts applicable to him under regulation 17[F152(1)](b), (c) or (d) plus the amount applicable to him under [F187regulation 17(1)(e), (f) and (g)] [F188or, as the case may be,] [F189regulation 19 or 21];

(c)a member of a couple—

(i)where the claimant is not a person from abroad but his partner is such a person, whether or not regulation 70 applies to that partner;

(c)(i)the amount applicable in respect of him only under regulation 17[F152(1)](a) plus in respect of any child or young person who is a member of his family and who is not a person from abroad, any amounts which may be applicable to him under regulation 17[F152(1)](b), (c) or (d) plus the amount applicable to him under [F187regulation 17(1)(e), (f) and (g)] [F188 or, as the case may be,] [F189regulation 19 or 21];

(ii)where the claimant is a person from abroad but his partner is not such a person;

(ii)nil;

(iii)where the claimant and his partner are both persons from abroad;

(iii)nil;

(d)where regulation 18 (polygamous marriages) applies and—

(i)the claimant is not a person from abroad but one or more but not all of his partners are persons from abroad;

(d)(i)the amounts determined in accordance with that regulation or [F189regulation 19 or 21] in respect of the claimant and any partners of his and any child or young person for whom he or any partner is treated as responsible, who are not persons from abroad;

(ii)the claimant is a person from abroad, whether or not one or more of his partners are persons from abroad;

(ii)nil;

(iii)the claimant and all his partners are persons from abroad;

(iii)nil;

(e)where any amount is applicable to the claimant under regulation 17[F152(1)](d) because of Part III of Schedule 2 because he or his partner satisfies the conditions prescribed therein and he or his partner as the person so satisfying the condition is a person from abroad.

(e)no amount shall be applicable under regulation 17[F152(1)](d) because of Part III of Schedule 2.

Persons in residential care or nursing homes, board and lodging accommodation or hostels who become patients

18.  A claimant to whom regulation 19 (persons in residential care or nursing homes) F190... applies immediately before he or a member of his family became a patient where—

(a)he or any member of his family has been a patient for a period of six weeks or less and the claimant—

(i)continues to be liable to meet the weekly charge for the accommodation without reduction in respect of himself or that member of his family who is a patient;

18.—(a) (i) The amount which would be applicable under regulation 19 F191... as if the claimant or the member of the family who is a patient were resident in the accommodation to which regulation 19 F191... applies;

(ii)continues to be liable to meet the weekly charge for the accommodation but at a reduced rate;

(ii)the amount which would be applicable under regulation 19 F191... having taken into account the reduced charge, as if the claimant or the member of the family who is a patient were resident in the accommodation to which regulation 19 F191... applies;

(iii)is a single claimant and is likely to return to the accommodation, but has ceased to be liable to meet the weekly charge for that accommodation; or

(iii)the amount applicable to him (if any) under paragraph 2(2) of Schedule 4F192... (meal allowances) plus the amount in respect of him as an allowance for personal expenses under paragraph 13 of Schedule 4F192..., as if he were residing in the accommodation to which regulation 19 F192... applies [F193plus any amount applicable under regulation 17(1)(f);]

(iv)is a single claimant who ceases to be liable to meet the weekly charge for the accommodation and who is unlikely to return to that accommodation;

(iv)the amount which would be applicable to him under regulation 17[F152(1)];

(b)he or his partner has been a patient for a period of more than six weeks and the patient is—

(i)a single claimant;

(b)(i)[F151£8.70][F194, plus any amount applicable under regulation 17(1)(f),] plus either the amount prescribed in paragraph 16 in respect of any retaining fee he is liable to pay for the accommodation or the amount applicable by virtue of regulation 17[F152(1)](e), but not both;

(ii)a lone parent;

(ii)where one or more children or young persons remain in the accommodation, the amount applicable to the family as if regulation 19 F195... having taken into account any reduction in charge, continued to apply to all the members of the family except that where the lone parent is the patient no amount shall be applicable in respect of him under paragraph 2(2) of Schedule 4 F195... (meals allowances) and for the amount in respect of the allowance for personal expenses prescribed by[F196paragraph 13 of Schedule 4], there shall be substituted the amount [F151£8.70];

— where all the children or young persons are absent from the accommodation, [F151£8.70] plus any amounts applicable to him under regulation 17[F152(1)](b), [F197(c), (d) or (f)] plus, if appropriate, either the amount applicable under Column 2 of paragraph 16(a) or the amount applicable by virtue of regulation 17[F152(1)](e) (housing costs) but not both;

— where one or more children or young persons are also patients and have been so for more than 12 weeks, in respect of those children and young persons remaining in the accommodation and the lone parent patient the amount specified in case one of Column (2) of [F198sub-paragraph (b)(ii)] save that the child or young person who has been a patient for more than 12 weeks shall be disregarded as a member of the family in assessing the amount applicable under regulation 19F195..., and in respect of each such child or young person there shall be added the amount of [F151£8.70];

(iii)one of a couple or polygamous marriage and one of that couple or marriage is not a patient or has been a patient for six weeks or less;

(iii)where the members of the family not patients remain in the accommodation, the amount applicable to the family as if regulation 19F199..., having taken into account any reduction in charge, continued to apply to all the members of the family except that in respect of the member of the couple or polygamous marriage who has been a patient for more than six weeks no amount shall be applicable in respect of him under paragraph 2(2) of Schedule 4F199..., and for the amount in respect of the allowance for personal expenses prescribed by [F200paragraph 13 of Schedule 4], there shall be substituted the amount of [F151£8.70];

— where one or more children or young persons are also patients and have been so for more than 12 weeks, in respect of those children and young persons and the member of the couple or polygamous marriage remaining in the accommodation the amount specified in case one of Column (2) of [F201sub-paragraph (b)(iii)] save that the child or young person who has been a patient for more than 12 weeks shall be disregarded as a member of the family in assessing the amount applicable under regulation 19F199..., and in respect of each such child or young person there shall be added the amount of [F151£8.70];

(iv)one of a couple or polygamous marriage where all the members of that couple or marriage are patients and have been so for more than six weeks;

(iv)where there is no child or young person in the family [F151£8.70] in respect of each member of the couple or polygamous marriage[F202, plus any amount applicable under regulation 17(1)(f) or 18(1)(g),] plus either the amount prescribed in paragraph 16 in respect of any retaining fee for the accommodation he is liable to pay or the amount applicable by virtue of regulation 17[F152(1)](e) or 18(f), but not both;

— where there is a child or young person remaining in the accommodation, the amount which would be applicable in respect of the family as if regulation 19 F203... having taken into account any reduction in charge continued to apply to all the members of the family except that in respect of [F204each member] of the couple or polygamous marriage no amount shall be applicable in respect of him under paragraph 2(2) of Schedule 4F203..., and for the amount in respect of the allowance for personal expenses prescribed by [F205paragraph 13 of Schedule 4] in respect of [F204each member] there shall be substituted the amount of [F151£8.70];

— where there is a child or young person in the family but no child or young person remains in the accommodation, the amount applicable under paragraph 1(c) or 1(d) as is appropriate plus either the amount applicable under Column 2 of paragraph 16(a) or the amount applicable by virtue of regulation 17[F152(1)](e) [F206or 18(1)(f)] but not both;

— where one or more children or young persons are also patients and have been so for more than 12 weeks, in respect of those children and young persons [F207remaining in the accommodation and the members of the couple or polygamous marriage] the amount specified in case two of Column (2) of sub-paragraph (b)(iv) save that the child or young person who has been a patient for more than 12 weeks shall be disregarded as a member of the family in assessing the amount applicable under regulation 19F203..., and in respect of each such child or young person there shall be added the amount of [F151£8.70];

(c)a child or young person who has been a patient for a period of more than 12 weeks.

(c)the amount applicable under regulation 19 F208... as if that child or young person was not a member of the family plus an amount of [F151£8.70] in respect of that child or young person.

Claimants entitled to the disability premium for a past period

19.  A claimant—

(a)whose time for claiming income support has been extended under regulation 19(2) of the Social Security (Claims and Payments) Regulations 1987 F209 (time for claiming benefit); and

(b)whose partner was entitled to income support in respect of the period beginning with the day on which the claimant's claim is treated as made under paragraph 6(4) of Schedule 7 to those Regulations and ending with the day on which the claim is actually made; and

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

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

Rounding of fractions

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

Textual Amendments

F151Sums 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)

F162Words 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)

F163Words in Sch. 7 para. 10(e) substituted (28.5.1988) by Employment Act 1988 (1988 c. 19), s. 24(3), 34

F165Words 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

F166Words in Sch. 7 para. 10A substituted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 13(a)

F168Words 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

F169Words in Sch. 7 para. 10B substituted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 13(a)

F170Words in Sch. 7 para. 10B omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 13(b)

F172Words in Sch. 7 para. 10C omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 13(b)

F175Words in Sch. 7 para. 11 substituted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 13(c)

F176Words in Sch. 7 para. 12 substituted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 13(d)

F178Sch. 7 para. 13A inserted (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(b), 11(c)

F179Sch. 7 para. 14 omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 13(e)

F180Sch. 7 para. 15 omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 13(e)

F181Words in Sch. 7 para. 16 omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 13(f)(i)

F182Words in Sch. 7 para. 16 omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 13(f)(ii)

F183Words 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

F184Words in Sch. 7 para. 16 substituted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 13(f)(iii)

F189Words in Sch. 7 para. 17 substituted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 13(g)

F190Words in Sch. 7 para. 18 omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 13(h)

F191Words in Sch. 7 para. 18 omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 13(i)(i)

F192Words in Sch. 7 para. 18 omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 13(i)(ii)

F195Words in Sch. 7 para. 18 omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 13(i)(iii)

F196Words in Sch. 7 para. 18 substituted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 13(i)(iii)

F199Words in Sch. 7 para. 18 omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 13(i)(iv)

F200Words in Sch. 7 para. 18 substituted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 13(i)(iv)

F203Words in Sch. 7 para. 18 omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 13(i)(v)

F205Words in Sch. 7 para. 18 substituted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 13(i)(v)

F208Words in Sch. 7 para. 18 omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 13(i)(vi)

Modifications etc. (not altering text)

C4Sch. 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)

Regulations 36(2), 38(2) and 44(6)

SCHEDULE 8E+W+SSUMS TO BE DISREGARDED IN THE CALCULATION OF EARNINGS

1.  In the case of a claimant who has been engaged in remunerative work as an employed earner [F210or, had the employment been in Great Britain, would have been so engaged]—E+W+S

(a)any earnings paid or due to be paid [F211in 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 [F212(g) to (i)] applies (earnings of employed earners);

(b)any earnings paid or due to be paid [F213in 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.

Textual Amendments

Commencement Information

I68Sch. 8 para. 1 in force at 11.4.1988, see reg. 1

2.  In the case of a claimant who has been engaged in part-time employment as an employed earner [F214or, had the employment been in Great Britain, would have been so engaged] F215... before he made a claim for income support, any earnings paid [F216or 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.E+W+S

Textual Amendments

Commencement Information

I69Sch. 8 para. 2 in force at 11.4.1988, see reg. 1

3.  In the case of a claimant who has been engaged in remunerative work or part-time employment as a self-employed earner [F217or, 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.E+W+S

Textual Amendments

Commencement Information

I70Sch. 8 para. 3 in force at 11.4.1988, see reg. 1

[F2184.—(1) In a case to which this paragraph applies, £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.E+W+S

(2) This paragraph applies where the claimant’s applicable amount includes, or but for his being an in-patient or in accommodation in a residential care home or nursing home or in residential accommodation would include, an amount by way of a disability premium under Schedule 2 (applicable amounts).

(3) This paragraph applies where–

(a)the claimant is a member of a couple, and–

(i)his applicable amount would include an amount by way of the disability premium under Schedule 2 but for the higher pensioner premium under that Schedule being applicable; or

(ii)had he not been an in-patient or in accommodation in a residential care home or nursing home or in residential accommodation his applicable amount would include the higher pensioner premium under that Schedule and had that been the case he would also satisfy the condition in (i) above; and

(b)he or his partner is under the age of 60 and at least one is engaged in part-time employment.

(4) This paragraph applies where–

(a)the claimant’s applicable amount includes, or but for his being an in-patient or in accommodation in a residential care home or nursing home or in residential accommodation would include, an amount by way of the higher pensioner premium under Schedule 2; and

(b)the claimant or, if he is a member of a couple, either he or his partner has attained the age of 60; and

(c)immediately before attaining that age he or, as the case may be, he or his partner was engaged in part-time employment and the claimant was entitled by virtue of sub-paragraph (2) or (3) to a disregard of £15; and

(d)he or, as the case may be, he or his partner has continued in part-time employment.

(5) This paragraph applies where–

(a)the claimant is a member of a couple and–

(i)his applicable amount would include an amount by way of the disability premium under Schedule 2 but for the pensioner premium for persons aged 75 and over under that Schedule being applicable; or

(ii)had he not been an in-patient or in accommodation in a residential care home or nursing home or in residential accommodation his applicable amount would include the pensioner premium for persons aged 75 and over under that Schedule and had that been the case he would also satisfy the condition in (i) above; and

(b)he or his partner has attained the age of 75 but is under the age of 80 and the other is under the age of 60 and at least one member of the couple is engaged in part-time employment.

(6) This paragraph applies where–

(a)the claimant is a member of a couple and he or his partner has attained the age of 75 but is under the age of 80 and the other has attained the age of 60; and

(b)immediately before the younger member attained that age either member was engaged in part-time employment and the claimant was entitled by virtue of sub-paragraph (5) to a disregard of £15; and

(c)either he or his partner has continued in part-time employment.

[F219(7) For the purposes of this paragraph–

(a)except where head (b) or (c) applies, no account shall be taken of any period not exceeding eight consecutive weeks occurring–

(i)on or after the date on which the claimant or, if he is a member of a couple, he or his partner attained the age of 60 during which either was or both were not engaged in part-time employment or the claimant was not entitled to income support; or

(ii)immediately after the date on which the claimant or his partner ceased to participate in arrangements for training made under section 2 of the Employment and Training Act 1973 or to attend a course at an employment rehabilitation centre established under that section;

(b)in a case where the claimant has ceased to be entitled to income support because he, or if he is a member of a couple, he or his partner becomes engaged in remunerative work, no account shall be taken of any period, during which he was not entitled to income support, not exceeding the permitted period determined in accordance with regulation 3A (permitted period) occurring on or after the date on which the claimant or, as the case may be, his partner attained the age of 60;

(c)no account shall be taken of any period occurring on or after the date on which the claimant or, if he is a member of a couple, he or his partner attained the age of 60 during which the claimant was not entitled to income support because he or his partner was 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.]]

Textual Amendments

F218Sch. 8 para. 4 substituted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 10

F219Sch. 8 para. 4(7) substituted (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(b), 12(a)

Commencement Information

I71Sch. 8 para. 4 in force at 11.4.1988, see reg. 1

5.  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 homeF220...F221... or in residential accommodation would be, included in the calculation of the claimant's applicable amount, £15.E+W+S

Textual Amendments

F220Words in Sch. 8 para. 5 omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 14(a)

F221Words in Sch. 8 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. 8(a) (with reg. 28)

Commencement Information

I72Sch. 8 para. 5 in force at 11.4.1988, see reg. 1

6.—(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—E+W+S

(a)neither member has been engaged in remunerative work; or

(b)neither member has been [F222 in relevant education or a student];

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;

[F223(2) For the purposes of this paragraph in determining whether one of a couple has been in receipt of income support for a continuous period of two years–

(a)no account shall be taken of any period not exceeding eight weeks during which the claimant was not a member of a couple;

(b)subject to sub-paragraphs (2A) and (2C), no account shall be taken of any period not exceeding eight weeks during which the claimant was not in receipt of income support;

(c)consecutive periods during which either member was in receipt of income support in respect of a couple shall be treated as periods during which one of that couple had been so in receipt.

(2A) Where–

(a)a claimant has ceased to be in receipt of income support because he or the other member of the couple becomes engaged in remunerative work; and

(b)immediately before ceasing to be so in receipt this paragraph applied to him,

sub-paragraph (2)(b) shall apply to him as if for the words “not exceeding eight weeks” there were substituted the words “not exceeding the permitted period determined in accordance with regulation 3A (permitted period)”.

(2B) In a case where sub-paragraph (2A) applies, sub-paragraph (1) shall apply as if for the words “a period exceeding eight consecutive weeks” there were substituted the words “a period exceeding the permitted period determined in accordance with regulation (3A)”.

(2C) For the purposes of this paragraph, where–

(a)a claimant has ceased to be in receipt of income support because he or the other member of the couple is 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; and

(b)immediately before ceasing to be so in receipt this paragraph applied to him,

he shall be treated as if he had been in receipt of income support in respect of a couple for the period during which he or his partner is participating in such arrangements or attending such a course and no account shall be taken of any period during that time in which the other member is engaged in remunerative work, in relevant education or a student.]

(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 F224;

(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 F225 or was in receipt of supplementary benefit under the Supplementary Benefit (Northern Ireland) Order 1977 F226 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 [F227sub-paragraphs (2) to (2C)] hereof shall apply by analogy.

Textual Amendments

F2241976 c. 71; section 6 was substituted by section 6(1) and Schedule 2 Part I paragraph 6 of the Social Security Act 1980 (c. 30).

F225S.I. 1986/1888 (NI 18); the relevant amending instrument is S.I. 1987/464 (NI 8).

F226S.I. 1977/2156 (NI 27); the relevant amending instruments are S.I. 1980/870 (NI 18), S.I. 1987/464 (NI 8).

Commencement Information

I73Sch. 8 para. 6 in force at 11.4.1988, see reg. 1

7.—(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—E+W+S

(a)a part-time fireman in a fire brigade maintained in pursuance of the Fire Services Acts 1947 to 1959 F228;

(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 F229;

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.

Textual Amendments

F229S.I. 1979/591; Part I of Schedule 3 substituted by S.I. 1980/1975.

Commencement Information

I74Sch. 8 para. 7 in force at 11.4.1988, see reg. 1

8.  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.E+W+S

Commencement Information

I75Sch. 8 para. 8 in force at 11.4.1988, see reg. 1

9.  In a case to which none of paragraphs 4 to 8 applies to the claimant, £5.E+W+S

Commencement Information

I76Sch. 8 para. 9 in force at 11.4.1988, see reg. 1

10.  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.E+W+S

Commencement Information

I77Sch. 8 para. 10 in force at 11.4.1988, see reg. 1

11.  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.E+W+S

Commencement Information

I78Sch. 8 para. 11 in force at 11.4.1988, see reg. 1

12.  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.E+W+S

Commencement Information

I79Sch. 8 para. 12 in force at 11.4.1988, see reg. 1

13.  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.E+W+S

Commencement Information

I80Sch. 8 para. 13 in force at 11.4.1988, see reg. 1

14.  Any earnings of a child or young person except earnings to which paragraph 15 applies.E+W+S

Commencement Information

I81Sch. 8 para. 14 in force at 11.4.1988, see reg. 1

15.  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—E+W+S

(a)an amount by way of a disabled child premium under Schedule 2 (applicable amounts) is, or but for his accommodation in a [F230residential care home or nursing home] 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.

Textual Amendments

F230Words in Sch. 8 para. 15 substituted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 14(b)

Commencement Information

I82Sch. 8 para. 15 in force at 11.4.1988, see reg. 1

16.  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).E+W+S

Commencement Information

I83Sch. 8 para. 16 in force at 11.4.1988, see reg. 1

Regulation 40 (2)

SCHEDULE 9E+W+SSUMS TO BE DISREGARDED IN THE CALCULATION OF INCOME OTHER THAN EARNINGS

1.  Any amount paid by way of tax on income which is taken into account under regulation 40 (calculation of income other than earnings).E+W+S

Commencement Information

I84Sch. 9 para. 1 in force at 11.4.1988, see reg. 1

2.  Any payment in respect of any expenses incurred by a claimant who is—E+W+S

(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).

Commencement Information

I85Sch. 9 para. 2 in force at 11.4.1988, see reg. 1

3.  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.E+W+S

Commencement Information

I86Sch. 9 para. 3 in force at 11.4.1988, see reg. 1

4.  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—E+W+S

(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.

Commencement Information

I87Sch. 9 para. 4 in force at 11.4.1988, see reg. 1

[F2314A.  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—E+W+S

(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.]

Textual Amendments

5.  Any housing benefit.E+W+S

Commencement Information

I88Sch. 9 para. 5 in force at 11.4.1988, see reg. 1

6.  Any mobility allowance.E+W+S

Commencement Information

I89Sch. 9 para. 6 in force at 11.4.1988, see reg. 1

7.  Any concessionary payment made to compensate for the non-payment of—E+W+S

(a)any payment specified in paragraph 6 or 9;

(b)income support.

Commencement Information

I90Sch. 9 para. 7 in force at 11.4.1988, see reg. 1

8.  Any mobility supplement or any payment intended to compensate for the non-payment of such a supplement.E+W+S

Commencement Information

I91Sch. 9 para. 8 in force at 11.4.1988, see reg. 1

9.  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 F232.E+W+S

Textual Amendments

F2321975 c. 14; section 35 (3) was amended by section 2 of the Social Security Act 1979 (c. 18).

Commencement Information

I92Sch. 9 para. 9 in force at 11.4.1988, see reg. 1

10.  Any payment to the claimant as holder of the Victoria Cross or George Cross or any analogous payment.E+W+S

Commencement Information

I93Sch. 9 para. 10 in force at 11.4.1988, see reg. 1

11.  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 F233 (assistance by means of scholarships and otherwise), or by virtue of section 2 (1) of the Education Act 1962 F234 (awards for courses of further education) or section 49 of the Education (Scotland) Act 1980 F235 (power to assist persons to take advantage of educational facilities).E+W+S

Textual Amendments

F2331944 c. 31; section 81 was amended by S.I. 1964/490.

F2341962 c. 12; section 2 (1) was substituted by section 19 of, and Schedule 5 to, the Education Act 1980 (c. 20).

Commencement Information

I94Sch. 9 para. 11 in force at 11.4.1988, see reg. 1

12.  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.E+W+S

Commencement Information

I95Sch. 9 para. 12 in force at 11.4.1988, see reg. 1

[F23613.  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—E+W+S

(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.]

Textual Amendments

Commencement Information

I96Sch. 9 para. 13 in force at 11.4.1988, see reg. 1

14.  Any Job Start Allowance payable pursuant to arrangements made under section 2 (1) of the Employment and Training Act 1973.E+W+S

Commencement Information

I97Sch. 9 para. 14 in force at 11.4.1988, see reg. 1

15.  Except in the case of a person to whom section 23 of the Act (trade disputes) applies [F237or 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.E+W+S

Textual Amendments

Commencement Information

I98Sch. 9 para. 15 in force at 11.4.1988, see reg. 1

16.  Subject to paragraphs 36 and 37, £5 of any of the following, namely—E+W+S

(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.

Commencement Information

I99Sch. 9 para. 16 in force at 11.4.1988, see reg. 1

17.  Where a claimant receives income under an annuity purchased with a loan which satisfies the following conditions—E+W+S

(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 F238 (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.

Textual Amendments

Commencement Information

I100Sch. 9 para. 17 in force at 11.4.1988, see reg. 1

18.  Any payment made to the claimant by a [F239person 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.E+W+S

Textual Amendments

Commencement Information

I101Sch. 9 para. 18 in force at 11.4.1988, see reg. 1

19.  Where the claimant occupies a dwelling as his home which is also occupied by a person other than one to whom paragraph 18 refers F240... and that person is contractually liable to make payments in respect of his occupation of the dwelling to the claimant—E+W+S

(a)£4 of any payment made by that person; and

(b)a further [F241£7.00,] where that payment is inclusive of an amount for heating.

Textual Amendments

F241Sum in Sch. 9 para. 19(b) 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(15) (with art. 20)

Commencement Information

I102Sch. 9 para. 19 in force at 11.4.1988, see reg. 1

20.  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.E+W+S

Commencement Information

I103Sch. 9 para. 20 in force at 11.4.1988, see reg. 1

[F24221.—(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;E+W+S

(2) The exception under sub-paragraph (1) shall not apply where the income in kind is received from the Macfarlane Trust[F243, the Macfarlane (Special Payments) Trust] [F244or the Independent Living Fund].]

Textual Amendments

Commencement Information

I104Sch. 9 para. 21 in force at 11.4.1988, see reg. 1

22.—(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 [F24512 or 25 to 28] of Schedule 10.E+W+S

(2) Income derived from capital disregarded under paragraph 2 [F2464 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.

Textual Amendments

Commencement Information

I105Sch. 9 para. 22 in force at 11.4.1988, see reg. 1

23.  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.E+W+S

Commencement Information

I106Sch. 9 para. 23 in force at 11.4.1988, see reg. 1

24.  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.E+W+S

Commencement Information

I107Sch. 9 para. 24 in force at 11.4.1988, see reg. 1

25.—(1) Any payment made to the claimant in respect of a child or young person who is a member of his family—E+W+S

(a)in accordance with a scheme approved by the Secretary of State under section 50 (4) of the Adoption Act 1958 F247 or as the case may be, section 51 of the Adoption (Scotland) Act 1978 F248 (schemes for payments of allowances to adopters);

(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 F249 (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.

Textual Amendments

F2471958 7 & 8 Eliz.2. c.5; section 50 (4) was added by the Children Act 1975 (c. 72) section 32.

Commencement Information

I108Sch. 9 para. 25 in force at 11.4.1988, see reg. 1

26.  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 F250 or, as the case may be, [F251section 21] of the Social Work (Scotland) Act 1968 F252 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 F253 (provision of accommodation and maintenance for children in care).E+W+S

Textual Amendments

Commencement Information

I109Sch. 9 para. 26 in force at 11.4.1988, see reg. 1

27.  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.E+W+S

Commencement Information

I110Sch. 9 para. 27 in force at 11.4.1988, see reg. 1

28.  Except in the case of a person to whom section 23 of the Act (trade disputes) applies [F254or 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)], [F255any 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).] E+W+S

Textual Amendments

Commencement Information

I111Sch. 9 para. 28 in force at 11.4.1988, see reg. 1

29.—(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—E+W+S

(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.

Commencement Information

I112Sch. 9 para. 29 in force at 11.4.1988, see reg. 1

30.  Except where [F256paragraph 29] applies, any payment made to the claimant which is intended and used as a contribution towards—E+W+S

(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 [F257actual charge increased, where appropriate, in accordance with paragraph 2 of Schedule 4 exceeds the amount determined in accordance with regulation 19 (residential care and nursing homes).]

Textual Amendments

F257Words in Sch. 9 para. 30(d) substituted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 15

Commencement Information

I113Sch. 9 para. 30 in force at 11.4.1988, see reg. 1

31.  Any social fund payment.E+W+S

Commencement Information

I114Sch. 9 para. 31 in force at 11.4.1988, see reg. 1

32.  Any payment of income which under regulation 48 (income treated as capital) is to be treated as capital.E+W+S

Commencement Information

I115Sch. 9 para. 32 in force at 11.4.1988, see reg. 1

33.  Any payment under paragraph 2 of Schedule 6 to the Act (pensioner's Christmas bonus).E+W+S

Commencement Information

I116Sch. 9 para. 33 in force at 11.4.1988, see reg. 1

34.  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.E+W+S

Commencement Information

I117Sch. 9 para. 34 in force at 11.4.1988, see reg. 1

35.  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.E+W+S

Commencement Information

I118Sch. 9 para. 35 in force at 11.4.1988, see reg. 1

36.  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.E+W+S

Commencement Information

I119Sch. 9 para. 36 in force at 11.4.1988, see reg. 1

37.  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.E+W+S

Commencement Information

I120Sch. 9 para. 37 in force at 11.4.1988, see reg. 1

[F25838.  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.]E+W+S

Textual Amendments

[F25839.  Any payment made under the Macfarlane Trust[F259, the Macfarlane (Special Payments) Trust] [F260or the Independent Living Fund].]E+W+S

Textual Amendments

[F26140.  Any payment made by the Secretary of State to compensate for the loss (in whole or in part) of entitlement to housing benefit.]E+W+S

Textual Amendments

[F26241.  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.]E+W+S

Textual Amendments

[F26242.  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.]E+W+S

Textual Amendments

[F26243.  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.]E+W+S

Textual Amendments

[F26244.  Any housing benefit in the form of a community charge rebate.]E+W+S

Textual Amendments

Regulation 46(2)

SCHEDULE 10E+W+SCAPITAL TO BE DISREGARDED

1.  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.E+W+S

Commencement Information

I121Sch. 10 para. 1 in force at 11.4.1988, see reg. 1

2.  Any premises acquired for occupation by the claimant which he intends to occupy [F263as 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.E+W+S

Textual Amendments

Commencement Information

I122Sch. 10 para. 2 in force at 11.4.1988, see reg. 1

3.  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.E+W+S

Commencement Information

I123Sch. 10 para. 3 in force at 11.4.1988, see reg. 1

4.  Any premises occupied in whole or in part by—E+W+S

(a)a partner or relative of any member of the family [F264as his home] where that person is aged 60 or over or is incapacitated;

(b)the former partner of a claimant F265... as his home; but this provision shall not apply where the former partner is a person from whom the claimant is estranged or divorced.

Textual Amendments

F265Words in Sch. 10 para. 4(b) omitted (30.5.1988) by virtue of The Income Support (General) Amendment No. 2 Regulations 1988 (S.I. 1988/910), regs. 1(1), 3(a)

Commencement Information

I124Sch. 10 para. 4 in force at 11.4.1988, see reg. 1

5.  Any reversionary interest.E+W+S

Commencement Information

I125Sch. 10 para. 5 in force at 11.4.1988, see reg. 1

6.  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.E+W+S

Commencement Information

I126Sch. 10 para. 6 in force at 11.4.1988, see reg. 1

7.  Any arrears of, or any concessionary payment made to compensate for arrears due to the non-payment of—E+W+S

(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 F266 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.

Textual Amendments

Commencement Information

I127Sch. 10 para. 7 in force at 11.4.1988, see reg. 1

8.  Any sum—E+W+S

(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.

Commencement Information

I128Sch. 10 para. 8 in force at 11.4.1988, see reg. 1

9.  Any sum—E+W+S

(a)deposited with a housing association as defined in section 1(1) of the Housing Associations Act 1985 F267 or section 338(1) of the Housing (Scotland) Act 1987 F268 as a condition of occupying the home;

(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.

Textual Amendments

Commencement Information

I129Sch. 10 para. 9 in force at 11.4.1988, see reg. 1

10.  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.E+W+S

Commencement Information

I130Sch. 10 para. 10 in force at 11.4.1988, see reg. 1

11.  The value of the right to receive any income under an annuity and the surrender value (if any) of such an annuity.E+W+S

Commencement Information

I131Sch. 10 para. 11 in force at 11.4.1988, see reg. 1

12.—(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—E+W+S

(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 [F269Schedule 4] (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.

Textual Amendments

F269Words in Sch. 10 para. 12 substituted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 16

Commencement Information

I132Sch. 10 para. 12 in force at 11.4.1988, see reg. 1

13.  The value of the right to receive any income under a life interest or from a liferent.E+W+S

Commencement Information

I133Sch. 10 para. 13 in force at 11.4.1988, see reg. 1

14.  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).E+W+S

Commencement Information

I134Sch. 10 para. 14 in force at 11.4.1988, see reg. 1

15.  The surrender value of any policy of life insurance.E+W+S

Commencement Information

I135Sch. 10 para. 15 in force at 11.4.1988, see reg. 1

16.  Where any payment of capital falls to be made by instalments, the value of the right to receive any outstanding instalments.E+W+S

Commencement Information

I136Sch. 10 para. 16 in force at 11.4.1988, see reg. 1

17.  Except in the case of a person to whom section 23 of the Act (trade disputes) applies [F270or 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)], [F271any 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).] E+W+S

Textual Amendments

Commencement Information

I137Sch. 10 para. 17 in force at 11.4.1988, see reg. 1

18.  Any social fund payment.E+W+S

Commencement Information

I138Sch. 10 para. 18 in force at 11.4.1988, see reg. 1

19.  Any refund of tax which falls to be deducted under section 26 of the Finance Act 1982 F272 (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.E+W+S

Textual Amendments

Commencement Information

I139Sch. 10 para. 19 in force at 11.4.1988, see reg. 1

20.  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.E+W+S

Commencement Information

I140Sch. 10 para. 20 in force at 11.4.1988, see reg. 1

21.  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.E+W+S

Commencement Information

I141Sch. 10 para. 21 in force at 11.4.1988, see reg. 1

[F27322.  Any payment made under the Macfarlane Trust[F274, the Macfarlane (Special Payments) Trust] [F275or the Independent Living Fund] and any sum derived from such a payment.]E+W+S

Textual Amendments

[F27323.  The value of the right to receive an occupational pension.]E+W+S

Textual Amendments

[F27324.  The value of the right to receive any rent.]E+W+S

Textual Amendments

[F27625.  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.]E+W+S

Textual Amendments

[F27626.  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.]E+W+S

Textual Amendments

[F27727.  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.]E+W+S

Textual Amendments

[F27628.  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.]E+W+S

Textual Amendments

[F27829.  Any payment in kind made by a charity [F279or under the Macfarlane (Special Payments) Trust].]E+W+S

Textual Amendments

[F27830.  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.]E+W+S

Textual Amendments

[F27831.  Any payment made by the Secretary of State to compensate for the loss (in whole or in part) of entitlement to housing benefit.]E+W+S

Textual Amendments

[F28032.  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.]E+W+S

Textual Amendments

[F28033.  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.]E+W+S

Textual Amendments

[F28034.  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.]E+W+S

Textual Amendments

[F28035.  Any housing benefit in the form of a community charge rebate.]E+W+S

Textual Amendments

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