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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Version Superseded: 04/10/1993

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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 [F1 is placed] by a local authority or voluntary organisation within the meaning of the [F1 Children Act 1989] or, in Scotland, the Social Work (Scotland) Act 1968 F2.

Textual Amendments

F1Words in Sch. 1 para. 2 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) Amendment Regulations 1992 (S.I. 1992/468), reg. 1(1), Sch. para. 6

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

[F34.—(1) A person (the carer)—

(a)who is regularly and substantially engaged in caring for another person if—

(i)the person being cared for is in receipt of attendance allowance under section 35 of the Social Security Act [F4or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act]; or

(ii)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; or

[F5(iii)the person being cared for has claimed entitlement to a disability living allowance 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; or]

(b)who is engaged in caring for another person and who is in receipt of an invalid care allowance under section 37 of the Social Security Act.

(2) If paragraph (1) ceases to apply to the carer, he shall not be required to be available for employment for a period of eight weeks from the date upon which that paragraph ceased to apply to him.

Textual Amendments

F3Sch. 1 para. 4 & 4A substituted for Sch. 1 para. 4 (7.10.1991) by The Income Support (General) Amendment No. 4 Regulations 1991 (S.I. 1991/1559), regs. 1(1)(c), 13(a) (with reg. 1(2))

Commencement Information

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

4A.  A person who, had he previously made a claim for income support, would not have been required to be available for employment by reason of subparagraph (1) of paragraph 4 for a period of 8 weeks from the date upon which that sub-paragraph would have ceased to apply to him.]

Textual Amendments

F3Sch. 1 para. 4 & 4A substituted for Sch. 1 para. 4 (7.10.1991) by The Income Support (General) Amendment No. 4 Regulations 1991 (S.I. 1991/1559), regs. 1(1)(c), 13(a) (with reg. 1(2))

Persons incapable of workE+W+S

[F65.  A person who—

(a)is incapable of work in accordance with the provisions of Part XIIA of the Contributions and Benefits Act and the regulations made thereunder (incapacity for work); or

(aa)[F7is treated as incapable of work by virtue of regulations made under section 171D of the Contributions and Benefits Act 1992 (incapacity for work: persons to be treated as incapable or capable of work); or]

(b)is treated as capable of work by virtue of regulations made under section 171E(1) of that Act (disqualification etc); or

(c)is entitled to statutory sick pay.]

Textual Amendments

Disabled workersE+W+S

[F86.  A person to whom regulation 6(a) (persons not treated as engaged in remunerative work) applies.]

Textual Amendments

Commencement Information

I5Sch. 1 para. 6 in force at 11.4.1988, see reg. 1

[F9Persons in employment living in residential care homes, nursing homes or residential accommodationE+W+S

6A.  A person to whom regulation 6(g) applies.]

Textual Amendments

Disabled studentsE+W+S

[F107.  A person who is a student and—

(a)whose applicable amount includes the disability premium or severe disability premium; or

(b)who has satisfied the provisions of paragraph 5 for a continuous period of not less than 196 days, and for this purpose any two or more separate periods separated by a break of not more than 56 days shall be treated as one continuous period.]

Textual Amendments

[F117A.—(1) A person who is a student who—

(a)immediately before 1st September 1990 was in receipt of income support by virtue of paragraph 7 as then in force; or

(b)on or after that date makes a claim for income support and at a time during the period of 18 months immediately preceding the date of that claim was in receipt of income support either by virtue of that paragraph or regulation 13 (2) (b),

but this paragraph shall cease to apply where the person has ceased to be in receipt of income support for a continuous period of 18 months or more.]

Textual Amendments

[F127B.—(1) A person who is a student in respect of whom—

(a)a supplementary requirement has been determined under paragraph 15 of Schedule 2 to the Education (Mandatory Awards) Regulations 1987 or the Education (Mandatory Awards) Regulations 1988, paragraph 12 of Schedule 2 to the Education (Mandatory Awards) Regulations 1989 or paragraph 12 of Schedule 2 to the Education (Mandatory Awards) Regulations 1990; or

(b)an allowance or, as the case may be, bursary has been granted which includes a sum under paragraph (1)(d) of regulation 6 of the Students' Allowances (Scotland) Regulations 1987 or, as the case may be, the Education Authority Bursaries (Scotland) Regulations 1988 in respect of expenses incurred; or

(c)a payment has been made under section 2 of the Education Act 1962; [F13or

(d)a supplementary requirement has been determined under paragraph 15 of Schedule 7 to the Students Awards Regulations (Northern Ireland) 1987, paragraph 15 of Schedule 7 to the Students Awards Regulations (Northern Ireland) 1988, paragraph 12 of Schedule 7 to the Students Awards Regulations (Northern Ireland) 1990 or paragraph 12 of Schedule 7 to the Students Awards (No. 2) Regulations (Northern Ireland) 1990 or a payment has been made under article 50(3) of the Education and Libraries (Northern Ireland) Order 1986;]

on account of his disability by reason of deafness.

(2) A student to whom sub-paragraph (1) applies shall be treated as satisfying that sub-paragraph from the date on which he made a request for the supplementary requirement, allowance, bursary or payment, as the case may be, or 1st September 1990, whichever is later.]

Textual Amendments

F13Sch. 1 para. 7B(1)(d) and word inserted (13.3.1991) by The Income Support (General) Amendment Regulations 1991 (S.I. 1991/236), regs. 1(1)(a), 10 (with reg. 1(2))

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 F14 (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

I6Sch. 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

I7Sch. 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

I8Sch. 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

I9Sch. 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

I10Sch. 1 para. 12 in force at 11.4.1988, see reg. 1

Persons within 10 years of pensionable ageE+W+S

13.  A person [F15aged 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

I11Sch. 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

I12Sch. 1 para. 14 in force at 11.4.1988, see reg. 1

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

F1615.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I13Sch. 1 para. 15 in force at 11.4.1988, see reg. 1

RefugeesE+W+S

16.  F17... 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 F18 as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967 F19 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

F18Cmnd. 9171.

F19Cmnd. 3906.

Commencement Information

I14Sch. 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 F20... as a justice of the peace, a party to any proceedings, a witness or a juror.

Textual Amendments

Commencement Information

I15Sch. 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

I16Sch. 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 [F21section 23A(b) of the Act (effect of return to work).]

Textual Amendments

Commencement Information

I17Sch. 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

I18Sch. 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

I19Sch. 1 para. 21 in force at 11.4.1988, see reg. 1

[F22Member 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 [F23not present in the United Kingdom].]

Textual Amendments

[F24Persons taking a child or young person abroad for treatmentE+W+S

23.  A person who is temporarily absent from Great Britain in the circumstances specified in regulation 4(3) (temporary absence abroad for the treatment of the child or young person).]

Textual Amendments

F24Sch. 1 para. 23 added (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 15

Regulation 13A

[F25SCHEDULE 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)
[F26paragraph 7 (disabled students)]
[F26paragraph 7A]
[F26paragraph 7B]
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).
[F27paragraph 23 (persons taking a child or young person abroad for treatment).]

Textual Amendments

F27Words in Sch. 1A para. 1 added (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 16

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)[F28was being looked after by a local authority pursuant to a relevant enactment who placed him with some person other than a close relative of his], or 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.

Textual Amendments

F28Words in Sch. 1A para. 7(b) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) Amendment Regulations 1992 (S.I. 1992/468), regs. 1(1), Sch. para. 7(a) (with Sch. para. 11)

8.  A registered person who is in accommodation which is other than his parental home, [F29and which is other than 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.

Textual Amendments

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.

[F309A.  A registered person who of necessity has to live away from his parents [F31and any person] acting in the place of his parents because–E+W+S

(a)he is estranged from [F31his parents and 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

[F32(a)any reference to a person acting in place of a registered person’s parents includes a reference—

(i)except in a case to which head (ii) applies, to any person with parental responsibility for the child, and for this purpose “parental responsibility” bears the meaning it has in the Children Act 1989 by virtue of section 3 of that Act; or

(ii)where the person is being looked after by a local authority or voluntary organisation who place him with a family, a relative of his, or some other suitable person, the person with whom the person is placed, whether or not any payment is made to him in connection with the placement; 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).]

Textual Amendments

F32Sch. 1A para. 10(a) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) Amendment Regulations 1992 (S.I. 1992/468), reg. 1(1), Sch. para. 7(b) (with Sch. para. 11)

Regulations 17[F33(1)] and 18

SCHEDULE 2E+W+SAPPLICABLE AMOUNTS

Textual Amendments

Regulations 17[F33(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[F33(1)](a) and [F3418(1)(a)] and (b) (applicable amounts and polygamous marriages).E+W+S

Column (1)Column (2)
Person or CoupleAmount

[F35(1)  Single claimant aged–E+W+S

(a)except where head (b) or (c) of this sub-paragraph applies, less than 18;

(a)[F36£28.00];

(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 [F37125(1) of the Contributions and Benefits Act;]

(b)[F36£36.80;]

(c)less than 18 who satisfies the condition in paragraph 11(a);

(c)[F36£36.80];

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

(d)[F36£36.80];

(e)not less than 25.

(e)[F36£46.50];

(2) Lone parent aged—

(a)except where head (b) or (c) of this sub-paragraph applies, less than 18;

(a)[F36£28.00];

(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 [F37125(1) of the Contributions and Benefits Act;]

(b)[F36£36.80];

(c)less than 18 who satisfies the condition in paragraph 11(a);

(c)[F36£36.80];

(d)not less than 18.

(d)[F36£46.50];]

[F38(3) Couple–

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

(a)[F36£55.55];

(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 [F39125(1) of the Contributions and Benefits Act] (income support to avoid severe hardship) in respect of each member; or

(v)there is a direction under section [F39125(1) of the Contributions and Benefits Act] in respect of one of them and the other is eligible for income support under regulation 13A;

[F40(aa)where both members are aged less than 18 and sub-paragraph (3)(a) does not apply but one member of the couple [F41falls 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 [F39125(1) of the Contributions and Benefits Act].]

(aa)[F36£36.80];

(b)where both members are aged less than 18 and sub–paragraph (3)(a) [F42or (aa)] above does not apply but one member of the couple–

(b)[F36£28.00];

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

(ii)is the subject of a direction under section [F43125(1)];

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

(c)[F36£73.00];

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

(d)[F36£73.00];

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

(ii)is the subject of a direction under section [F43125(1)];

(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)[F36£36.80];

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

(ii)is not the subject of a direction under section [F43125(1)];

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

(f)[F36£46.50];

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

(ii)is not the subject of a direction under section [F43125(1)].]

Textual Amendments

F35Sch. 2 para. 1(1)(2) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) Amendment No. 2 Regulations 1990 (S.I. 1990/1168), regs. 1(1)(a), 2

F36Sch. 2 Pt. 1 sums amended (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up Rating Order 1995, (S.I. 1995/559), arts. 1(2)(g), 18(3), Sch. 4

F37Words in Sch. 2, Pt. 1, para 1(1)(2) substituted (coming into force in accordance with art. 1(2)(f) of the amending S.I.) by The Social Security Benefits Up Rating Order 1994 (S.I. 1994/542), art. 16(3), Sch. 4

F39Words in Sch. 2, Pt. 1, para 1(3)(a)(aa) substituted (coming into force in accordance with art. 1(2)(f) of the amending S.I.) by The Social Security Benefits Up Rating Order 1994 (S.I. 1994/542), art. 16(3), Sch. 4

F43Words in Sch. 2, Pt. 1, para 1(3)(b)(d)-(f) substituted (coming into force in accordance with art. 1(2)(f) of the amending S.I.) by The Social Security Benefits Up Rating Order 1994 (S.I. 1994/542), art. 16(3), Sch. 4

Commencement Information

I20Sch. 2 para. 1 in force at 11.4.1988, see reg. 1

[F442.  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(1)(b) and 18(1)(c).E+W+S

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

(a)less than 11;

(a)[F36£15.95];

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

(b)[F36£23.40];

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

(c)[F36£28.00];

(d)not less than 18.

(d)[F36£36.80];]

Textual Amendments

F36Sch. 2 Pt. 1 sums amended (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up Rating Order 1995, (S.I. 1995/559), arts. 1(2)(g), 18(3), Sch. 4

Commencement Information

I21Sch. 2 para. 2 in force at 11.4.1988, see reg. 1

[F452A.—(1) The weekly amount for the purposes of regulation 17(1)(bb) and 18(1)(cc) (residential allowance) in respect of a person who satisfies the conditions specified in sub-paragraph (2) shall be—E+W+S

(a)except in a case to which head (b) applies, [F46£51.00]; and

(b)where the home in which the person resides is situated within the area described in Schedule 3C (the Greater London area), [F46£57.00.]

(2) Subject to sub-paragraphs [F47(3), (4) and (4A)], the conditions are—

(a)the person resides in a residential care home or a nursing home [F48or is regarded pursuant to sub-paragraph (4A) as residing in such a home];

[F49(aa)the person both requires personal care and is provided with it in the home and for this purpose “personal care” means care which includes assistance with bodily functions where such assistance is required;]

(b)he does not have a preserved right;

(c)he is aged 16 or over;

(d)both the person’s accommodation and such meals (if any) as are provided for him are provided on a commercial basis; and

(e)no part of the weekly charge for accommodation is met by housing benefit.

(3) For the purposes of sub-paragraph (2), but subject to sub-paragraph (4), a person resides in a residential care home where the home in which he resides—

(a)is registered under Part I of the Registered Homes Act 1984 or is deemed to be so registered by virtue of section 2(3) of the Registered Homes (Amendment) Act 1991 (registration of small homes where application for registration not determined);

(b)is managed or provided by a body incorporated by Royal Charter or constituted by Act of Parliament (other than a social services authority) and provides both board and personal care for the claimant; or

(c)is in Scotland and is registered under section 61 of the Social Work (Scotland) Act 1968 or is an establishment provided by a housing association registered with Scottish Homes established by the Housing (Scotland) Act 1988 which provides care equivalent to that given in residential accommodation provided under Part IV of the Social Work (Scotland) Act 1968;

and a person resides in a nursing home where the home in which he resides is such a home for the purposes of regulation 19.

(4) A person shall not be regarded as residing in a nursing home for the purposes of sub-paragraph (2) where the home in which he resides is a hospice, and for this purpose “hospice” means a nursing home which—

(a)if situate in England or Wales, is registered under Part II of the Registered Homes Act 1984, or

(b)if situate in Scotland, is exempted from the operation of the Nursing Homes Registration (Scotland) Act 1938 by virtue of section 6 of that Act,

[F50and whose primary function is to provide palliative care for persons resident there who are suffering from a progressive disease in its final stages].

[F51(4A) For the purposes of sub-paragraph (2)(a), where a person’s principal place of residence is a residential care home or nursing home, and he is temporarily absent from that home, he shall be regarded as continuing to reside in that home–

(a)where he is absent because he is a patient, for the first six weeks of any such period of absence, and for this purpose–

(i)“patient” has the meaning it has in Schedule 7 by virtue of regulation 21(3), and

(ii)periods of absence separated by not more than 28 days shall be treated as a single period of absence equal in duration to all those periods; and

(b)for the first three weeks of any other period of absence.]

(5) Where—

(a)a person has been registered under the Registered Homes Act 1984 in respect of premises which have been carried on as a residential care home or, as the case may be, a nursing home, and that person has ceased to carry on such a home; and

(b)an application for registration under that Act has been made by another person and that application has not been determined or abandoned,

then any question arising for determination under this paragraph shall be determined as if the most recent registration under that Act in respect of those premises continued until the day on which the application is determined or abandoned.]

Textual Amendments

F46Sch. 2 Pt. 1 para. 2A sums amended (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up Rating Order 1995, (S.I. 1995/559), arts 1(2)(g), 18(3), Sch. 4

F50Words in Sch. 2 para. 2A(4) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 4) Regulations 1993 (S.I. 1993/2119), regs. 1(1)(a), 18(2)

Regulations 17[F33(1)](c) and 18(d)

PART IIE+W+Sfamily premium

3.  The weekly amount for the purposes of regulations 17[F33(1)](c) [F52and 18(1)](d) in respect of a family of which at least one member is a child or young person shall be [F53£10.25.]E+W+S

Textual Amendments

F53Sum in Sch. 2 Pt. II para. 3 substituted (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 1995 (S.I. 1995/559), arts. 1(2)(g), 18(4)

Commencement Information

I22Sch. 2 para. 3 in force at 11.4.1988, see reg. 1

Regulations 17[F33(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[F33(1)](d) [F54and 18(1)](e), be applicable to a claimant who satisfies the condition specified in paragraphs [F558 to 14ZA] in respect of that premium.E+W+S

Textual Amendments

Commencement Information

I23Sch. 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

I24Sch. 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 [F56any other premium which may apply under this Schedule.] E+W+S

(2) [F57The disabled child premium and the carer premium to which paragraphs 14 and 14ZA respectively apply] may be applicable in addition to any other premium which may apply under this Schedule.

Textual Amendments

Commencement Information

I25Sch. 2 para. 6 in force at 11.4.1988, see reg. 1

7.—[F58(1)] [F59Subject to sub-paragraph (2)] for the purposes of this Part of this Schedule, once a premium is applicable to claimant under this Part, a person shall be treated as being in receipt of any benefit—

(a)in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations 1979 F60 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 [F61Secretary of State for Education and Employment] under section 2 of the Employment and Training Act 1973 F62 [F63or by Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990,] [F64or for any period during which he is in receipt of a training allowance].

[F65(2) For the purposes of the carer premium under paragraph 14ZA, a person shall be treated as being in receipt of invalid care allowance by virtue of sub-paragraph (1)(a) only if and for so long as the person in respect of whose care the allowance has been claimed remains in receipt of attendance allowance [F66, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act.].]

Textual Amendments

F58 Sch. 2 para. 7 renumbered as Sch. 7 para. 7(1) (1.10.1990) by The Income Support (General) Amendment No. 3 Regulations 1990 (S.I. 1990/1776), regs. 1(1)(a), 8(c)(i) (with reg. 1(2))

F621973 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

I26Sch. 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

I27Sch. 2 para. 8 in force at 11.4.1988, see reg. 1

[F67Pensioner 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

F67 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

I28Sch. 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

F67 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) [F68or (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) [F68or (c)] is satisfiedF69...; 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

F69Words in Sch. 2 para. 10(2)(b)(i) omitted (6.4.1992) by virtue of The Income Support (General) Amendment Regulations 1992 (S.I. 1992/468), regs. 1(1), 6 (with reg. 1(2))

Commencement Information

I29Sch. 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 [F7012(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) [F71or (c)] is satisfied by his partner.

Textual Amendments

F70Words 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

I30Sch. 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, [F72disability living allowance, disability working allowance], mobility supplement, [F73long-term incapacity benefit] under [F74Part II of the Contributions and Benefits Act or severe disablement allowance under Part III of that Act] [F75but, in the case of [F73long-term incapacity benefit] 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 F76 (other services) or, in Scotland, under section 46 of the National Health Service (Scotland) Act 1978 F77 (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 F78 (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

[F79(b) the claimant—

(i)is entitled to statutory sick pay or [F80is, or is treated as, incapable of work,] in accordance with the provisions of Part XIIA of the Contributions and Benefits Act and the regulations made thereunder (incapacity for work), and

(ii)has been so entitled or so incapable[F81, or has been treated as so incapable,] for a continuous period of not less than—

(aa)196 days in the case of a claimant who is terminally ill within the meaning of section 30B(4) of the Contributions and Benefits Act; or

(bb)364 days in any other case;

and for these purposes any two or more periods of entitlement or incapacity separated by a break of not more than 56 days shall be treated as one continuous period; or; and]

(c)the claimant or, as the case may be, his partner was in receipt of either—

[F82(i)[F83long-term incapacity benefit] under [F84Part II of the Contributions and Benefits Act] when entitlement to that benefit ceased on account of the payment of a retirement pension under [F84that Act] and the claimant has since remained continuously entitled to income support and, if the [F83long-term incapacity benefit] 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 [F85or disability living allowance but payment of benefit has been suspended in accordance with regulations made under [F86section 113(2) of the Contributions and Benefits Act 1992 or otherwise abated as a consequence of the claimant or his partner becoming a patient within the meaning of regulation 21(3) (special cases)],]

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.

F87(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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).

[F88(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 [F89or for any period during which he is in receipt of a training allowance].]

[F90(6) For the purposes of sub-paragraph (1)(a)(i) and (c)(i), a reference to a person in receipt of long-term incapacity benefit includes a person in receipt of short-term incapacity benefit at a rate equal to the long-term rate by virtue of section 30B(4)(a) of the Contributions and Benefits Act (short-term incapacity benefit for a person who is terminally ill), or who would be or would have been in receipt of short-term incapacity benefit at such a rate but for the fact that the rate of short-term incapacity benefit already payable to him is or was equal to or greater than the long-term rate.]

Textual Amendments

F74Words in Sch. 2 para. 12(1)(a)(i) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No.5) Regulations 1994 (S.I. 1994/2139), regs. 1(1)(a), 30(2)

F75Words 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)

F761977 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).

F781948 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.

F84Words in Sch. 2 para. 12(1)(c)(i) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No.5) Regulations 1994 (S.I. 1994/2139), regs. 1(1)(a), 30(3)

Modifications etc. (not altering text)

Commencement Information

I31Sch. 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[F91, a lone parent or a claimant who is treated as having no partner in consequence of sub-paragraph (2A)]—

(i)he is in receipt of attendance allowance[F92, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act], and

(ii)subject to sub-paragraph (3), he has no non-dependants aged 18 or over [F93normally residing with him or with whom he is normally residing,] and

(iii)F94... an invalid care allowance under section 37 of the Social Security Act F95 [F96is 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[F97, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act]; 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 [F98normally residing with him or with whom he is normally residing,]

and, either [F99an 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, [F99such 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.

[F100(2A) Where a claimant has a partner who does not satisfy the condition in sub-paragraph (2)(b)(ii), and that partner is blind or is treated as blind within the meaning of paragraph 12(1)(a)(iii) and (2), that partner shall be treated for the purposes of sub-paragraph (2) as if he were not a partner of the claimant.]

(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[F101, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act]; or

F102(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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; [F103or

(d)a person who is blind or is treated as blind within the meaning of paragraph 12(1)(a)(iii) and (2).]

[F104(3A) For the purposes of sub-paragraph (2)(b) a person shall be treated as being in receipt of—

(a)attendance allowance[F105, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act] 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.]

[F106(3ZA) For the purposes of sub-paragraph (2)(a)(iii) and (2)(b), no account shall be taken of an award of invalid care allowance to the extent that payment of such an award is back-dated for a period before the date on which the award is made.]

(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

F94Words in Sch. 2 para. 13(2)(a)(iii) omitted (9.10.1989) by virtue of The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(a), 6(f)(i)

F102Sch. 2 para. 13(3)(b) omitted (with effect in accordance with reg. 1(2) of the amending S.I.) by virtue of The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 4) Regulations 1993 (S.I. 1993/2119), regs. 1(1)(a), 18(3)

F106Sch. 2 para. 13(3ZA) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No.5) Regulations 1994 (S.I. 1994/2139), regs. 1(1)(a), 30(4)

Modifications etc. (not altering text)

Commencement Information

I32Sch. 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, [F107except as provided in regulation 44(1) (modifications in respect of children and young persons)], would not exceed £3,000; and

(b)is in receipt of [F108disability living allowance] 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).

Textual Amendments

F107Words in Sch. 2 para. 14(a) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 4) Regulations 1993 (S.I. 1993/2119), regs. 1(1)(a), 18(4)

Modifications etc. (not altering text)

C4Sch. 2 Pt. III para. 14(a) sum confirmed (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 1995 (S.I. 1995/559), arts. 1(2)(g), 18(2)

Commencement Information

I33Sch. 2 para. 14 in force at 11.4.1988, see reg. 1

[F109Carer premiumE+W+S

14ZA.—(1) [F110Subject to sub-paragraphs (3) and (4),] the condition is that the claimant or his partner is, or both of them are, in receipt of invalid care allowance under section 37 of the Social Security Act.

(2) If a claimant or his partner, or both of them, would be in receipt of invalid care allowance but for the provisions of the Social Security (Overlapping Benefits) Regulations 1979, where–

(a)the claim for that allowance was made on or after 1st October 1990, and

(b)the person or persons in respect of whose care the allowance has been claimed remains or remain in receipt of attendance allowance[F111, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act],

he or his partner, or both of them, as the case may be, shall be treated for the purposes of sub-paragraph (1) as being in receipt of invalid care allowance.]

[F112(3) Where a carer premium is awarded but the person in respect of whom it has been awarded either ceases to be in receipt of, or ceases to be treated as being in receipt of, invalid care allowance, the condition for the award of the premium shall be treated as satisfied for a period of eight weeks from the date on which that person ceased to be in receipt of, or ceased to be treated as being in receipt of, invalid care allowance.

(4) Where a person who has been receiving, or who has been treated as receiving invalid care allowance ceases to be in receipt of, or ceases to be treated as being in receipt, of that allowance and makes a claim for income support, the condition for the award of the carer premium shall be treated as satisfied for a period of eight weeks from the date that the person was last in receipt of, or was last treated as being in receipt of, invalid care allowance.]

Textual Amendments

[F113Persons in receipt of concessionary paymentsE+W+S

14A.  For the purpose of determining whether a premium is applicable to a person [F114under paragraphs 12 to 14ZA], 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

[F115Person in receipt of benefitE+W+S

14B.  For the purposes of this Part of this Schedule, a person shall be regarded as being in receipt of any benefit if, and only if, it is paid in respect of him and shall be so regarded only for any period in respect of which that benefit is paid.]

Textual Amendments

F115Sch. 2 para. 14B inserted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 17

PART IVE+W+SWeekly amounts of premiums specified in part III

Commencement Information

I34Sch. 2 Pt. IV in force at 11.4.1988, see reg. 1

PremiumAmount

15.  —

(1) Lone parent premium.

(1) [F116£5.20].

(2) Pensioner premium for persons aged under 75—

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

(2) (a) [F116£18.60].

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

(b)[F116£28.05].

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

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

(2A) (a) [F116£20.70].

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

(b)[F116£30.95].

(3) Higher Pensioner Premium—

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

(3) (a) [F116£25.15].

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

(b)[F116£35.95].

(4) Disability Premium—

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

(4) (a) [F116£19.80].

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

(b)[F116£28.30].

(5) Severe Disability Premium—

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

(5) (a) [F116£35.05].

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

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

(b)(i)[F116£35.05].

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

(ii)[F116£70.10].

(6) Disabled Child Premium.

(6) [F116£19.80] in respect of each child or young person in respect of whom the conditions specified in paragraph 14 are satisfied.

(7) Carer Premium.

(7) [F116£12.60] in respect of each person who satisfied the condition specified in paragraph 14ZA.

Textual Amendments

F116Sch. 2 Pt. IV sums amended (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-Rating Order 1995 (S.I. 1995/559), arts. 1(2)(g), 18(5), Sch. 5

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

I35Sch. 2 para. 16 in force at 11.4.1988, see reg. 1

Regulations 17(1)(e) and 18(1)(f)

[F117SCHEDULE 3E+W+S HOUSING COSTS

Textual Amendments

Housing CostsE+W+S

1.—(1) Subject to the following provisions of this Schedule, the housing costs applicable to claimant are those costs—

(a)which he or, where he is a member of a family, he or any member of that family is, in accordance with paragraph 2, liable to meet in respect of the dwelling occupied as the home which he or any other member of his family is treated as occupying, and

(b)which qualify under paragraphs 15 to 17.

(2) In this Schedule—

“housing costs" means those costs to which sub-paragraph (1) refers;

“existing housing costs" means housing costs arising under an agreement entered into before 2nd October 1995, or under an agreement entered into after 1st October 1995 (“the new agreement")—

(a)which replaces an existing agreement between the same parties in respect of the same property; and

(b)where the existing agreement was entered into before 2nd October 1995; and

(c)which is for a loan of the same amount as or less than the amount of the loan under the agreement it replaces, and for this purpose any amount payable F118... to arrange the new agreement and included in the loan shall be disregarded;

“new housing costs" means housing costs arising under an agreement entered into after 1st October 1995 other than an agreement referred to in the definition of “existing housing costs";

“standard rate" means the rate for the time being specified in paragraph 12.

(3) For the purposes of this Schedule a disabled person is a person—

(a)in respect of whom a disability premium, a disabled child premium, a pensioner premium for persons aged 75 or over or a higher pensioner premium is included in his applicable amount or the applicable amount of a person living with him; or

(b)F119... who, had he in fact been entitled to income support, would have had included in his applicable amount a disability premium, a disabled child premium, a pensioner premium for persons aged 75 or over or a higher pensioner premium.

(4) For the purposes of sub-paragraph (3), a person shall not cease to be a disabled person on account of his being disqualified for receiving benefit or treated as capable of work by virtue of the operation of section l71E of the Contributions and Benefits Act (incapacity for work, disqualification etc.).

Textual Amendments

Circumstances in which a person is liable to meet housing costsE+W+S

2.—(1) A person is liable to meet housing costs where—

(a)the liability falls upon him or his partner but not where the liability is to a member of the same household as the person on whom the liability falls;

(b)because the person liable to meet the housing costs is not meeting them, the claimant as to meet those costs in order to continue to live in the dwelling occupied as the home and it is reasonable in all the circumstances to treat the claimant as liable to meet those costs;

(c)he in practice shares the housing costs with other members of the household none of whom are close relatives either of the claimant or his partner, and

(i)one or more of those members is liable to meet those costs, and

(ii)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 wholly the responsibility of those members of the family not so affected.

Circumstances in which a person is to be treated as occupying a dwelling as his homeE+W+S

3.—(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 other 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 those 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 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; or

(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)a person has moved into a dwelling and was liable to make payments in respect of that dwelling before moving in; and

(b)he 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 VIII of the Contributions and Benefits 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 paragraph 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 was 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) This sub-paragraph applies to a person who enters residential accommodation—

(a)for the purpose of ascertaining whether the accommodation suits his needs; and

(b)with the intention of returning to the dwelling which he normally occupies as his home should, in the event, the residential accommodation prove not to suit his needs,

and while in the accommodation, the part of the dwelling which he normally occupies as his home is not let, or as the case may be, sub-let to another person.

(9) A person to whom sub-paragraph (8) applies shall be treated as occupying the dwelling he normally occupies as his home during any period (commencing with the day he enters the accommodation) not exceeding l3 weeks in which the person is resident in the accommodation, but only in so far as the total absence from the dwelling does not exceed 52 weeks.

(10) A person, other than a person to whom sub-paragraph (11) applies, shall be treated as occupying a dwelling as his home throughout any period of absence not exceeding 13 weeks, if, and 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 to another person; and

(c)the period of absence is unlikely to exceed 13 weeks.

(11) This sub-paragraph applies to a person whose absence from the dwelling he normally occupies as his home is temporary and—

(a)he intends to return to occupy the dwelling as his home; and

(b)while the part of the dwelling which is normally occupied by him has not been let or, as the case may be, sub-let; and

(c)he is—

(i)detained in custody on remand pending trial or, as a condition of bail, required to reside in a hostel approved under section 27(1) of the Probation Service Act 1993, or, as the case may be, detained pending sentence upon conviction, or

(ii)resident in a hospital or similar institution as a patient, or

(iii)undergoing or, as the case may be, his partner or his dependent child is undergoing, in the United Kingdom or elsewhere, medical treatment, or medically approved convalescence, in accommodation other than residential accommodation, or

(iv)following, in the United Kingdom or elsewhere, a training course, or

(v)undertaking medically approved care of a person residing in the United Kingdom or elsewhere, or

(vi)undertaking the care of a child whose parent or guardian is temporarily absent from the dwelling normally occupied by that parent or guardian for the purpose of receiving medically approved care or medical treatment, or

(vii)a person who is, whether in the United Kingdom or elsewhere, receiving medically approved care provided in accommodation other than residential accommodation, or

(viii)a student to whom sub-paragraph (3) or (6)(b) does not apply, or

(ix)a person other than a person to whom sub-paragraph (8) applies, who is receiving care provided in residential accommodation; or

(x)a person to whom sub-paragraph (6)(a) does not apply and who has left the dwelling he occupies as his home through fear of violence in that dwelling[F120, or by a person] who was formerly a member of his family; and

(d)the period of his absence is unlikely to exceed a period of 52 weeks or, in exceptional circumstances, is unlikely substantially to exceed that period.

(12) A person to whom sub-paragraph (11) applies is to be treated as occupying the dwelling he normally occupies as his home during any period of absence not exceeding 52 weeks beginning with the first day of that absence.

(13) In this paragraph—

(a)“medically approved" means certified by a medical practitioner;

(b)“patient" means a person who is undergoing medical or other treatment as an inpatient in a hospital or similar institution; “residential accommodation" means accommodation—

(i)provided under sections 21 to 24 and 26 of the National Assistance Act 1948 (provision of accommodation); or

(ii)provided under sections 13B and 59 of the Social Work (Scotland) Act 1968 (provision of residential and other establishments) where board is available to the claimant; or

(iii)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

(iv)which is a nursing home;

(d)“training course" means such a course of training or instruction provided wholly or partly by or on behalf of or in pursuance of arrangements made with, or approved by or on behalf of, Scottish Enterprise, Highlands and Islands Enterprise, a government department or the Secretary of State.

Textual Amendments

Housing costs not metE+W+S

4.—(1) 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 which is a residential care home or a nursing home except where he is in such accommodation during a temporary absence from the dwelling he occupies as his home and in so far as they relate to temporary absences, the provisions of paragraph 3(8) to (12) apply to him during that absence.

(2) Subject to the following provisions of this paragraph, loans which, apart from this paragraph, qualify under paragraph 15 shall not so qualify where the loan was incurred during one relevant period and was incurred—

(a)after 1st October 1995, or

(b)after 2nd May 1994 and the housing costs applicable to that loan were not met by virtue of the former paragraph 5A of this Schedule in any one or more of the 26 weeks preceding 2nd October 1995, or

(c)subject to sub-paragraph (3), in the 26 weeks preceding 2nd October 1995 by a person—

(i)who was not at that time entitled to income support; and

(ii)who becomes, or whose partner becomes entitled to income support after 1st October 1995 and that entitlement is within 26 weeks of an earlier entitlement to income support for the claimant or his partner.

(3) Sub-paragraph (2)(c) shall not apply in respect of a loan where the claimant has interest payments on that loan met without restrictions under an award of income support in respect of a period commencing before 2nd October 1995.

[F121(4) The “relevant period” for the purposes of this paragraph is any period during which the person to whom the loan was made —

(a)is entitled to income support, or

(b)is living as a member of a family one of whom is entitled to income support,

together with any linked period, that is to say a period falling between two such periods of entitlement to income support separated by not more than 26 weeks.]

(5) For the purposes of sub-paragraph (4)—

(a)any week in the period of 26 weeks ending on 1st October 1995 on which there arose an entitlement to income support such as is mentioned in that sub-paragraph shall be taken into account in determining when the relevant period commences; and

(b)two or more periods of entitlement and any intervening linked periods shall together form a single relevant period.

(6) Where the loan to which sub-paragraph (2) refers has been applied—

(a)for paying off an earlier loan, and that earlier loan qualified under paragraph 15; or

(b)to finance the purchase of a property where a previous loan secured on another property was paid off (in whole or in part) with monies received from the sale of that property;

then the amount of the loan to which sub-paragraph (2) applies is the amount (if any) by which the new loan exceeds the earlier loan.

(7) Notwithstanding the preceding provisions of this paragraph, housing costs shall be met in any case where a claimant satisfies any of the conditions specified in sub-paragraphs (8) to (11) below, but—

(a)those costs shall be subject to any additional limitations imposed by the sub-paragraph; and

(b)where the claimant satisfies the conditions in more than one of these sub-paragraphs, only one sub-paragraph shall apply in his case and the one that applies shall be the one most favourable to him.

(8) The conditions specified in this sub-paragraph are that—

(a)during the relevant period the claimant or a member of his family acquires an interest (“the relevant interest") in a dwelling which he then occupies or continues to occupy, as his home; and

(b)in the week preceding the week in which the relevant interest was acquired, housing benefit was payable to the claimant or a member of his family;

so however that the amount to be met by way of F122... housing costs shall initially not exceed the aggregate of—

(i)the housing benefit payable in the week mentioned at sub-paragraph (8)(b); and

(ii)any amount included in the applicable amount of the claimant or a member of his family in accordance with regulation 17(1)(e) or 18(1)(f) in that week;

and shall be increased subsequently only to the extent that it is necessary to take account of any increase, arising after the date of the acquisition, in the standard rate or in any housing costs which qualify under paragraph 17 (other housing costs).

(9) The condition specified in this sub-paragraph is that the loan was taken out, or an existing loan increased, to acquire alternative accommodation more suited to the special needs of a disabled person than the accommodation which was occupied before the acquisition by the claimant.

(10) The conditions specified in this sub-paragraph are that—

(a)the loan commitment increased in consequence of the disposal of the dwelling occupied as the home and the acquisition of an alternative such dwelling; and

(b)the change of dwelling was made solely by reason of the need to provide separate sleeping accommodation for children of different sexes aged 10 or over who belong to the same family as the claimant.

(11) The conditions specified in this sub-paragraph are that—

(a)during the relevant period the claimant or a member of his family acquires an interest (“the relevant interest") in a dwelling which he then occupies as his home; and

(b)in the week preceding the week in which the relevant interest was acquired, the applicable amount of the claimant or a member of his family included an amount determined by reference to paragraph 17 and did not include any amount specified in paragraph 15 or paragraph 16; so however that the amount to be met [F123by way of housing costs] shall initially not exceed the amount so determined, and shall be increased subsequently only to the extent that it is necessary to take account of any increase, arising after the date of acquisition, in the standard rate or in any housing costs which qualify under paragraph 17 (other housing costs).

(12) The following provisions of this Schedule shall have effect subject to the provisions of this paragraph.

Textual Amendments

Apportionment of housing costsE+W+S

5.—(1) Where the dwelling occupied as the home is a composite hereditament and—

(a)before 1st April 1990 for the purposes of section 48(5) of the General Rate Act 1967 (reduction of rates on dwellings), it appeared to a rating authority or it was determined in pursuance of subsection (6) of section 48 of that Act that the hereditament, including the dwelling occupied as the home, was a mixed hereditament and that only a proportion of the rateable value of the hereditament was attributable to use for the purpose of a private dwelling; or

(b)in Scotland, before 1st April 1989 an assessor acting pursuant to section 45(1) of the Water (Scotland) Act 1980 (provision as to valuation roll) has apportioned the net annual value of the premises including the dwelling occupied as the home between she 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) Subject to sub-paragraph (1) and the following provisions of this paragraph, where the dwelling occupied as the home is a composite hereditament, the amount applicable under this Schedule shall be the relevant fraction of the amount which would otherwise be applicable under this Schedule in respect of the dwelling occupied as the home.

(3) For the purposes of sub-paragraph (2), the relevant fraction shall be obtained in accordance with the formula—

where— “A" is the current market value of the claimant’s interest in that part of the composite hereditament which is domestic property within the meaning of section 66 of the Act of 1988;

“B" is the current market value of the claimant’s interest in that part of the composite hereditament which is not domestic property within that section.

(4) In this paragraph—

“composite hereditament" means—

(a)as respects England and Wales, any hereditament which is shown as a composite hereditament in a local non-domestic rating list;

(b)as respects Scotland, any lands and heritages entered in the valuation roll which are part residential subjects within the meaning of section 26(1) of the Act of 1987;

“local non-domestic rating list" means a list compiled and maintained under section 41(1) of the Act of 1988;

“the Act of 1987" means the Abolition of Domestic Rates Etc.(Scotland) Act 1987;

“the Act of 1988" means the Local Government Finance Act 1988.

(5) 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.

Existing housing costsE+W+S

6.—(1) Subject to the provisions of this Schedule, the existing housing costs to be met in any particular case are—

(a)where the claimant has been [F124entitled to] income support for a continuous period of 26 weeks or more, the aggregate of—

(i)an amount determined in the manner set out in paragraph 10 by applying the standard rate to the eligible capital for the time being owing in connection with a loan which qualifies under paragraph 15 or 16; and

(ii)an amount equal to any payments which qualify under paragraph 17(1)(a) to (c);

(b)where the claimant has been [F124entitled to] income support for a continuous period of not less than 8 weeks but less than 26 weeks, an amount which is half the amount which would fall to be met by applying the provisions of sub-paragraph (a);

(c)in any other case, nil.

[F125(1A) For the purposes of sub-paragraph (1), the eligible capital for the time being owing shall be determined on the date the existing housing costs are first met and thereafter on each anniversary of that date.]

(2) Where immediately before 2nd October 1995 a claimant’s applicable amount included a sum by way of housing costs in accordance with regulation 17(1)(e) or 18(1)(f), but the claimant had not on that date been entitled to income support for a continuous period of 26 weeks or more, the amount of the housing costs to be met in his case shall, for the balance of the 26 weeks falling after 1st October 1995, be determined in accordance with sub-paragraph (3).

(3) Subject to sub-paragraph (4), where the claimant had on 1st October 1995—

(a)been entitled to income support for less than 16 consecutive weeks (including the benefit week in which 1st October 1995 falls), any housing costs to be met in his case shall remain at the amount they were before 2nd October 1995 until the end of the 16th consecutive week of that entitlement and shall thereafter be determined as if he had been entitled for a continuous period of 26 weeks;

(b)been entitled for 16 consecutive weeks or more but less than 26 consecutive weeks (including the benefit week in which 1st October 1995 falls), any housing costs to be met in his case shall be determined as if he had been entitled for 26 weeks.

(4) Sub-paragraph (3) above shall apply in a particular case only for so long as the agreement in respect of which a sum by way of housing costs falls to be met immediately before 2nd October 1995 in accordance with regulation 17(1)(e) or 18(1)(f) remains in force.

Textual Amendments

Transitional ProtectionE+W+S

7.—(1) Where the amount applicable to a claimant by way of housing costs under regulation 17(1)(e) or regulation 18(1)(f) (as the case may be) in the benefit week which includes 1st October 1995 (“the first benefit week") is greater than the amount which, in accordance with paragraphs 6 and 10, is applicable in his case in the next succeeding benefit week (“the second benefit week"), the claimant shall be entitled to have his existing housing costs increased by an amount (referred to in this paragraph as “add back") determined in accordance with the following provisions of this paragraph.

(2) Where the amount to be met by way of housing costs in the first benefit week is greater than the amount to be met in the second benefit week, then the amount of the add back shall be a sum representing the difference between those amounts.

(3) Where the amount of existing housing costs, disregarding the add back, which is applicable to the claimant increases after the second benefit week, the amount of the add back shall be decreased by an amount equal to that increase, and the amount of the add back shall thereafter be the decreased amount.

(4) Any increase in the amount of the existing housing costs, disregarding the add back, shall reduce the amount of the add back in the manner specified in sub-paragraph (3), and where the amount of the add back is reduced to nil, the amount of the existing housing costs shall thereafter not include any amount by way of add back.

(5) Where a person or his partner—

(a)was entitled to income support; and

(b)had an applicable amount which included an amount by way of add back in accordance with this paragraph; and

(c)ceased to be entitled to income support for a continuous period in excess of 12 weeks,

then, on the person or his partner again becoming entitled to income support, the applicable amount of the claimant shall be determined without reference to the provisions relating to add back in sub-paragraphs (1) to (4).

(6) Where a person whose applicable amount included an amount by way of add back under this paragraph loses the right to have an amount by way of housing costs included in his applicable amount, then where that person’s applicable amount again includes an amount by way of housing costs, that amount shall be determined without reference to the provisions relating to add back in sub-paragraphs (1) to (4).

(7) Where the partner of a person to whom sub-paragraph (6) applies becomes entitled to income support and—

(a)his applicable amount includes an amount by way of existing housing costs, and

(b)those housing costs are in respect of payments which were formerly met in the applicable amount of the person to whom sub-paragraph (6) applies

then the provisions of this paragraph shall apply to the partner as they would if he had been responsible for the housing costs immediately before 2nd October 1995 [F126provided the claim is made not more than 12 weeks after the last day of entitlement to housing costs relating to a claim made by the person to whom sub-paragraph (6) applies].

(8) Where in the first benefit week, a claimant’s applicable amount included an amount by way of housing costs which was calculated by reference to paragraph 7(1)(b)(ii) of Schedule 3 as then in force (50 per cent.of eligible interest met) then for the purposes of this paragraph, the amount of the add back shall be determined by reference to the amount which would have been applicable on that day if 100 per cent.of the claimant’s eligible interest had been met, but only from the benefit week following the final benefit week in which paragraph 7(1)(b)(ii) of Schedule 3 would, had it remained in force, have applied in the claimant’s case.

(9) Where the existing housing costs of the claimant are determined by reference to two or more loans which qualify under this Schedule, then the provisions of this paragraph shall be applied separately to each of those loans and the amount of the add back (if any) shall be determined in respect of each loan.

Textual Amendments

New housing costsE+W+S

8.—(1) Subject to the provisions of this Schedule, the new housing costs to be met in any particular case are—

(a)where the claimant has been [F127entitled to] income support for a continuous period of 39 weeks or more, an amount—

(i)determined in the manner set out in paragraph 10 by applying the standard rate to the eligible capital for the time being owing in connection with a loan which qualifies under paragraph 15 or 16; and

(ii)equal to any payments which qualify under paragraph 17(1)(a) to (c);

(b)in any other case, nil.

[F128(1A) For the purposes of sub-paragraph (1), the eligible capital for the time being owing shall be determined on the date the new housing costs are first met and thereafter on each anniversary of that date.]

(2) This sub-paragraph applies to a claimant who at the time the claim is made—

(a)is a person to whom paragraph 4 of Schedule 1 (persons with caring responsibilities not required to be available for employment) applies;

(b)is detained in custody pending trial or sentence upon conviction; or

(c)has been refused payments under a policy of insurance on the ground that

(i)the claim under the policy is the outcome of a pre-existing medical condition which, under the terms of the policy, does not give rise to any payment by the insurer; or

(ii)he was infected by the Human Immunodeficiency Virus,

and the policy was taken out to insure against the risk of being unable to maintain repayments on a loan which is secured by a mortgage or a charge over land, or (in Scotland) by a heritable security.

(3) This sub-paragraph applies subject to sub-paragraph (5) where a person claims income support because of—

(a)the death of a partner; or

(b)being abandoned by his partner,

and where the person’s family includes a child.

(4) In the case of a claimant to whom sub-paragraph (2) or (3) applies, any new housing costs shall be met as though they were existing housing costs and paragraph 6 applied to them.

(5) Sub-paragraph (3) shall cease to apply to a person who subsequently becomes one of a couple.

Textual Amendments

General exclusions from paragraphs 6 and 8E+W+S

9.—(1) Paragraphs 6 and 8 shall not apply where—

(a)the claimant or his partner is aged 60 or over;

(b)the housing costs are payments—

(i)under a co-ownership agreement;

(ii)under or relating to a tenancy or licence of a Crown tenant; or

(iii)where the dwelling occupied as the home is a tent, in respect of the tent and the site on which it stands.

(2) In a case falling within sub-paragraph (1), the housing costs to be met are—

(a)where head (a) of sub-paragraph (1) applies, an amount—

(i)determined in the manner set out in paragraph 10 by applying the standard rate to the eligible capital for the time being owing in connection with a loan which qualifies under paragraph 15 or 16; and

(ii)equal to the payments which qualify under paragraph 17;

(b)where head (b) of sub-paragraph (1) applies, an amount equal to the payments which qualify under paragraph 17(1)(d) to (f).

The calculation for loansE+W+S

10.—(1) The weekly amount of existing housing costs or, as the case may be, new housing costs to be met under this Schedule in respect of a loan which qualifies under paragraph 15 or 16 shall be calculated by applying the formula:—

where—A = the amount of the loan which qualifies under paragraph 15 or 16;

B = the standard rate for the time being specified in respect of that loan under paragraph 12;

C = the difference between 100 per cent. and the applicable percentage of income tax within the meaning of section 369(1A) of the Income and Corporation Taxes Act 1988 (mortgage interest payable under deduction of tax) for the year of assessment in which the payment of interest becomes due.

(2) Where section 369 of the Income and Corporation Taxes Act 1988 does not apply to the interest on a loan or a part of a loan, the formula applied in sub-paragraph (1) shall have effect as if C had a value of 1.

General provisions applying to new and existing housing costsE+W+S

11.—F129(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where on or after 2nd October 1995 a person enters into a new agreement in respect of a dwelling and an agreement entered into before 2nd October 1995 (“the earlier agreement") continues in force independently of the new agreement, then—

(a)the housing costs applicable to the new agreement shall be calculated by reference to the provisions of paragraph 8 (new housing costs);

(b)the housing costs applicable to the earlier agreement shall be calculated by reference to the provisions of paragraph 6 (existing housing costs);

and the resulting amounts shall be aggregated.

(3) [F130Sub-paragraph (2) does] not apply in the case of a claimant to whom paragraph 9 applies.

(4) Where for the time being a loan exceeds, or in a case where more than one loan is to be taken into account, the aggregate of those loans exceeds the appropriate amount specified in sub-paragraph (5), then the amount of the loan or, as the case may be, the aggregate amount of those loans, shall for the purposes of this Schedule, be the appropriate amount.

(5) Subject to the following provisions of this paragraph, the appropriate amount is £100,000.

(6) Where a person is treated under paragraph 3(6) (payments in respect of two dwellings) occupying two dwellings as his home, then the restrictions imposed by sub-paragraph (4) shall be applied separately to the loans for each dwelling.

(7) In a case to which paragraph 5 (apportionment of housing costs) applies, the appropriate amount for the purposes of sub-paragraph (4) shall be the lower of—

(a)a sum determined by applying the formula—

where—P = the relevant fraction for the purposes of paragraph 5, and

Q = the amount or, as the case may be, the aggregate amount for the time being of any loan or loans which qualify under this Schedule; or

(b)the sum for the time being specified in sub-paragraph (5).

(8) In a case to which paragraph 15(3) or 16(3) (loans which qualify in part only) applies, the appropriate amount for the purposes of sub-paragraph (4) shall be the lower of—

(a)a sum representing for the time being the part of the loan applied for the purposes specified in paragraph 15(1) or (as the case may be) paragraph 16(1); or

(b)the sum for the time being specified in sub-paragraph (5).

(9) In the case of any loan to which paragraph 16(2)(k) (loan taken out and used for the purpose of adapting a dwelling for the special needs of a disabled person) applies the whole of the loan, to the extent that it remains unpaid, shall be disregarded in determining whether the amount for the time being specified in sub-paragraph (5) is exceeded.

[F131(10) Where in any case the amount for the time being specified for the purposes of sub-paragraph (5) is exceeded and there are two or more loans to be taken into account under either or both paragraphs 15 and 16, then the amount of eligible interest in respect of each of those loans to the extent that the loans remain outstanding shall be determined as if each loan had been reduced to a sum equal to the qualifying portion of that loan.]

[F131(11) For the purposes of sub-paragraph (10), the qualifying portion of a loan shall be determined by applying the following formula—

where—

R

=

the amount for the time being specified for the purposes of sub-paragraph (4);

S

=

the amount of the outstanding loan to be taken into account;

T

=

the aggregate of all outstanding loans to be taken into account under paragraphs 15 and 16.]

Textual Amendments

The standard rateE+W+S

12.—(1) The standard rate is the rate of interest applicable to a loan which qualifies under this Schedule and—

(a)except where sub-paragraph (2) applies, is [F1328.00 per cent.] per annum; or

(b)where sub-paragraph (2) applies, shall equal the actual rate of interest charged on the loan on the day the housing costs first fall to be met.

(2) This sub-paragraph applies where the actual rate of interest charged on the loan which qualifies under this Schedule is less than 5 per cent. per annum on the day the housing costs first fall to be met and ceases to apply when the actual rate of interest on that loan is 5 per cent. per annum or higher.

(3) Where in a case to which sub-paragraph (2) applies, the actual rate of interest on the loan rises to 5 per cent. per annum or higher, the standard rate applicable on that loan shall be determined in accordance with sub-paragraph (1)(a).

F133(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F132Words in Sch. 3 para. 12(1)(a) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) Amendment Regulations 1995 (S.I. 1995/3320), regs. 1(1), 2

Excessive Housing CostsE+W+S

13.—(1) Housing costs which, apart from this paragraph, fall to be met under this Schedule shall be met only to the extent specified in sub-paragraph (3) where—

(a)the dwelling occupied as the home, excluding any part which is let, 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 which are met under paragraphs 5 to 17 are higher than the outgoings of suitable alternative accommodation in the area.

(2) For the purposes of heads (a) to (c) of sub-paragraph (1), no regard shall be had to the capital value of the dwelling occupied as the home.

(3) Subject to the following provisions of this paragraph, the amount of the loan which falls to be met shall be restricted and the excess over the amounts which the claimant would need to obtain suitable alternative accommodation shall not be allowed.

(4) Where, having regard to the relevant factors, it is not reasonable to expect the claimant and his family to seek alternative cheaper accommodation, no restriction shall be made under sub-paragraph (3).

(5) In sub-paragraph (4) “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).

(6) Where sub-paragraph (4) 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 26 weeks of any period of entitlement to income support not during the next 26 weeks if and so long as the claimant uses his best endeavours to obtain cheaper accommodation or, as the case may be, no restriction shall be made under this paragraph on review during the 26 weeks from the date of the review nor during the next 26 weeks if and so long as the claimant uses his best endeavours.

(7) For the purposes of calculating any period of 26 weeks referred to in sub-paragraph (6), and for those purposes only, a person shall be treated as entitled to income support for any period of 12 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.

(8) Any period in respect of which—

(a)income support was paid to a person, and

(b)it was subsequently determined on appeal or review that he was not entitled to income support for that period,

shall be treated for the purposes of sub-paragraph (7) as a period in respect of which he was not in receipt of income support.

(9) Heads (c) to (f) of sub-paragraph (1) of paragraph 14 shall apply to sub-paragraph (7) as they apply to paragraphs 6 and 8 but with the modification that the words “Subject to sub-paragraph (2)" were omitted and references to “the claimant" were references to the person mentioned in sub-paragraph (7).

Linking ruleE+W+S

14.—(1) Subject to sub-paragraph (2), for the purposes of this Schedule—

(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 entitled to income support; and

(ii)any period of 12 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 or was treated as being 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—

(i)the claimant 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 twelve 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 this Schedule, as having been;

(d)where the claimant’s partner’s applicable amount was determined in accordance with paragraph 1(1) (single claimant) or paragraph 1(2) (lone parent) of Schedule 2 applicable amounts) in respect of a past period, provided that the claim was made within twelve 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 this Schedule, 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 begun to receive income support 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 this Schedule, as having been;

(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 12 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 this Schedule, as having been.

(2) Where a claimant, with the care of a child, has ceased to be in receipt of income support in consequence of the payment of child support maintenance under the Child Support Act 1991 and immediately before ceasing to be so in receipt an amount determined in accordance with paragraph 6(1)(a)(i) or paragraph 8(1)(a)(i) was applicable to him, then—

(a)if the child support maintenance assessment concerned is terminated or replaced on review by a lower assessment in consequence of the coming into force on or after 18th April 1995 of regulations made under the Child Support Act 1991; or

(b)where the child support maintenance assessment concerned is an interim maintenance assessment and, in circumstances other than those referred to in head (a), it is terminated or replaced after termination by another interim maintenance assessment or by a maintenance assessment made in accordance with Part I of Schedule 1 to the Child Support Act 1991, in either case of a lower amount than the assessment concerned,

sub-paragraph (1)(a)(ii) shall apply to him as if for the words “any period of 12 weeks or less" there were substituted the words “any period of 26 weeks or less".

(3) For the purposes of this Schedule, where 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, 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.

[F134(3A) Where, for the purposes of sub-paragraphs (1) and (3), a person is treated as being in receipt of income support, for a certain period, he shall be treated as being entitled to income support for the same period.]

(4) For the purposes of this Schedule, sub-paragraph (5) applies where a person is not entitled to income support by reason only that he has—

(a)capital exceeding £8,000; or

(b)income exceeding the applicable amount which applies in his case, or

(c)both capital exceeding £8,000 and income exceeding the applicable amount which applies in his case.

(5) A person to whom sub-paragraph (4) applies shall be treated as entitled to income support throughout any period of not [F135more] than 39 weeks which comprises only days—

(a)on which he is entitled to unemployment benefit, statutory sick pay or incapacity benefit; or

(b)on which he is, although not entitled to any of the benefits mentioned in head (a) above, entitled to be credited with earnings equal to the lower earnings limit for the time being in force in accordance with regulation 9 of the Social Security (Credits) Regulations 1975; or

(c)in respect of which the claimant is treated as being in receipt of income support.

[F136(5A) Subject to sub-paragraph (5B), a person to whom sub-paragraph (4) applies and who is either a person to whom paragraph 4 of Schedule 1 applies (persons with caring responsibilities not required to be available for employment) or a lone parent shall, for the purposes of this Schedule, be treated as entitled to income support throughout any period of not more than 39 weeks following the refusal of a claim for income support made by or on behalf of that person.]

[F136(5B) Sub-paragraph (5A) shall not apply in relation to a person mentioned in that sub-paragraph who, during the period referred to in that sub-paragraph—

(a)is engaged in, or is treated as engaged in, remunerative work or whose partner is engaged in, or is treated as engaged in, remunerative work;

(b)is treated as not available for employment by virtue of regulation 10(1)(h) (circumstances in which students are not treated as available for employment);

(c)is temporarily absent from Great Britain, other than in the circumstances specified in regulation 4(2) and (3) (temporary absence from Great Britain).]

(6) In a case where—

(a)[F137sub-paragraphs (5) and (5A) apply] solely by virtue of sub-paragraph (4)(b); and

(b)the claimant’s income includes payments under a policy taken out to insure against the risk that the policy holder is unable to meet any loan or payment which qualifies under paragraphs 15 to 17,

[F138sub-paragraphs (5) and (5A)] shall have effect as if for the words “throughout any period of not [F139more] than 39 weeks" there shall be substituted the words “throughout any period that payments are made in accordance with the terms of the policy".

F140(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) This sub-paragraph applies—

(a)to a person who claims income support, or in respect of whom income support is claimed, and who—

(i)received payments under a policy of insurance taken out to insure against loss of employment, and those payments are exhausted; and

(ii)had a previous award of income support where the applicable amount included an amount by way of housing costs; and

(b)where the period in respect of which the previous award of income support was payable ended not more than 26 weeks before the date the claim was made.

(9) Where sub-paragraph (8) applies, in determining—

(a)for the purposes of paragraph 6(1) whether a person has been [F141entitled to] income support for a continuous period of 26 weeks or more; or

(b)for the purposes of paragraph 8(1) whether a claimant has been [F141entitled to] income support for a continuous period of 39 weeks or more,

any week falling between the date of the termination of the previous award and the date of the new claim shall be ignored.

Textual Amendments

Loans on residential propertyE+W+S

15.—(1) A loan qualifies under this paragraph where the loan was taken out to defray monies applied for any of the following purposes—

(a)acquiring an interest in the dwelling occupied as the home; or

(b)paying off another loan to the extent that the other loan would have qualified under head (a) above had the loan not been paid off.

(2) For the purposes of this paragraph, references to a loan include also a reference to money borrowed under a hire purchase agreement for any purpose specified in heads (a) and (b) of sub-paragraph (1) above.

(3) Where a loan is applied only in part for the purposes specified in heads (a) and (b) of sub-paragraph (1), only that portion of the loan which is applied for that purpose shall qualify under this paragraph.

Loans for repairs and improvements to the dwelling occupied as the homeE+W+S

16.—(1) A loan qualifies under this paragraph where the loan was taken out, with or without security, for the purpose of—

(a)carrying out repairs and improvements to the dwelling occupied as the home;

(b)paying any service charge imposed to meet the cost of repairs and improvements to the dwelling occupied as the home;

(c)paying off another loan to the extent that the other loan would have qualified under head (a) or (b) of this sub-paragraph had the loan not been paid off,

and the loan was used for that purpose, or is used for that purpose within 6 months of the date of receipt or such further period as may be reasonable in the particular circumstances of the case.

(2) In sub-paragraph (1) “repairs and improvements" means any of the following measures undertaken with a view to maintaining the fitness of the dwelling for human habitation or, where the dwelling forms part of a building, any part of the building containing that dwelling—

(a)provision of a fixed bath, shower, wash basin, sink or lavatory, and necessary associated plumbing, including the provision of hot water not connected to a central heating system;

(b)repairs to existing heating systems;

(c)damp proof measures;

(d)provision of ventilation and natural lighting;

(e)provision of drainage facilities;

(f)provision of facilities for preparing and cooking food;

(g)provision of insulation of the dwelling occupied as the home;

(h)provision of electric lighting and sockets;

(i)provision of storage facilities for fuel or refuse;

(j)repairs of unsafe structural defects;

(k)adapting a dwelling for the special needs of a disabled person; or

(l)provision of separate sleeping accommodation for children of different sexes aged 10 or over who are part of the same family as the claimant.

(3) Where a loan is applied only in part for the purposes specified in sub-paragraph (1), only that portion of the loan which is applied for that purpose shall qualify under this paragraph.

Other housing costsE+W+S

17.—(1) Subject to the deduction specified in sub-paragraph (2) and the reductions applicable in sub-paragraph (5), there shall be met under this paragraph the amounts, calculated on a weekly basis, in respect of the following housing costs—

(a)payments by way of rent or ground rent relating to a long tenancy and, in Scotland, payments by way of feu duty;

(b)service charges;

(c)payments by way of rent charge within the meaning of section 1 of the Rent charges Act 1977;

(d)payments under a co-ownership scheme;

(e)payments under or relating to a tenancy or licence of a Crown tenant;

(f)where the dwelling occupied as the home is a tent, payments in respect of the tent and the site on which it stands.

(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) of Schedule 1 to the Housing Benefit (General) Regulations 1987 (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 of Schedule 1 to the Housing Benefit (General) Regulations i987 (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;

(c)any amount for repairs and improvements, and for this purpose the expression “repairs and improvements" has the same meaning it has in paragraph 16(2).

(3) Where arrangements are made for the housing costs, which are met under this paragraph and which are normally paid for a period of 52 weeks, to be paid instead for a period of 53 weeks, or to be paid irregularly, or so that no such costs are payable 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 the claimant or a member of his family—

(a)pays for reasonable repairs or redecorations to be carried out to the dwelling they occupy; and

(b)that work was not the responsibility of the claimant or any member of his family; and

(c)in consequence of that work being done, the costs which are normally met under this paragraph are waived, then those costs shall, for a period not exceeding 8 weeks, be treated as payable.

(5) Where in England and Wales an amount calculated on a weekly basis in respect of housing costs specified in sub-paragraph (1)(e) (Crown tenants) includes water charges, that amount shall be reduced—

(a)where the amount payable in respect of water charges is known, by that amount;

(b)in any other case, by the amount which would be the likely weekly water charge had the property not been occupied by a Crown tenant.

Non-dependant deductionsE+W+S

18.—(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—

(a)in respect of a non-dependant aged 18 or over who is engaged in any [F142remunerative] work F143..., £30.00;

(b)in respect of a non-dependant aged 18 or over to whom head (a) does not apply, £5.00.

(2) In the case of a non-dependant aged 18 or over to whom sub-paragraph (1)(a) applies because he is in [F144remunerative] work, where the claimant satisfies the adjudication officer that the non-dependant’s gross weekly income is—

(a)less than £74.00, the deduction to be made under this paragraph shall be the deduction specified in sub-paragraph (1)(b);

(b)not less than £74.00 but less than £111.00, the deduction to be made under this paragraph shall be £10.00;

(c)not less than £111.00 but less than £145.00, the deduction to be made under this paragraph shall be £14.00.

(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, but for this sub-paragraph, the amount that would fall to be deducted in respect of one member of a couple or polygamous marriage is higher than the amount (if any) that would fall to be deducted in respect of the other, or any other, member, the higher amount shall be deducted.

(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 be 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 of members of a polygamous marriage), the deduction in respect of that non-dependant shall be apportioned between the oint 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 in respect of himself either—

(i)an attendance allowance; or

(ii)the care component of the disability living 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 or section 2 of the Enterprise and New Towns (Scotland) Act 1990; or

(c)if he is a full-time student during a period of study or, if he is not in remunerative work, during a recognised summer vacation appropriate to his course; or

(d)if he is aged under 25 and in receipt of income support; 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); or

(f)to whom, but for paragraph (2C) of regulation 3 (definition of non-dependant) paragraph (2B) of that regulation would apply; or

(g)if he is not residing with the claimant because he has been a patient for a period in excess of six weeks, or is a prisoner, and for these purposes—

(i)“patient" and “prisoner" have the meanings given in regulation 21(3) (special cases), and

(ii)the period of six weeks shall be calculated by reference to paragraph (2) of that regulation as if that paragraph applied in his case.

(8) In the case of a non-dependant to whom sub-paragraph (2) applies because he is in [F145remunerative] work, there shall be disregarded from his gross income—

(a)any attendance allowance or disability living allowance received by him;

(b)any payment made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments)(No.2) Trust, the Fund, the Eileen Trust or the Independent Living Funds which, had his income fallen to be calculated under regulation 40 (calculation of income other than earnings), would have been disregarded under paragraph 21 of Schedule 9 (income in kind); and

(c)any payment which, had his income fallen to be calculated under regulation 40 would have been disregarded under paragraph 39 of Schedule 9 (payments made under certain trusts and certain other payments).

Textual Amendments

Rounding of fractionsE+W+S

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

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

[F146SCHEDULE 3AE+W+SPROTECTED SUM

Textual Amendments

InterpretationE+W+S

1.—(1) In this Schedule—

[F147“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 [F148to 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];

[F149“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.

[F150“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)[F151except 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

F147Words 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)

F148Words 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)

F149Words 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)

F150Words 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) [F152Subject 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 [F153of 7 consecutive days] beginning 10th April 1989,

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

[F154(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

F152Words 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)

F153Words 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.

[F155(2) A protected sum shall not be applicable to a claimant, [F156unless 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.]

[F155(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

F156Words 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 [F157sub-paragraphs (2) to (6)], 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) [F158or regulation 21A (reductions in certain cases of failure to attend courses)] ceases to apply to a claimant and as a result his applicable amount increases no account shall be taken of that increase.

[F159(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.]

[F160(4) Where a claimant’s applicable amount increases because a child or young person mentioned in paragraph (5)(c) of regulation 16 (circumstances in which a person is treated or not treated as a member of the household) is treated as a member of the claimant’s household under paragraph (6) of that regulation, the claimant’s protected sum shall not be reduced by the amount of that increase unless the child or young person has been treated as a member of the household for a continuous period which exceeds 8 weeks.]

[F161(5) Where by virtue of the coming into force of regulation 15(a), (b) or (c) of the Income Support (General) Amendment No. 4 Regulations 1991 a claimant’s applicable amount increases in his benefit week beginning on a day during the period of 7 days commencing on 1st October 1991, no account shall be taken of that increase.]

[F162(6) Where by virtue of the coming into force of regulation 3(1) and (2) of the Income-Related Benefits Amendment Regulations 1992 a claimant’s applicable amount increases in his benefit week beginning on a day during the period of 7 days beginning on 5th October 1992, no account shall be taken of that increase.]

Textual Amendments

F157Words in Sch. 3A para. 5(1) substituted (coming into force in accordance with reg. 2(2) of the amending S.I.) by The Income-Related Benefits Amendment Regulations 1992 (S.I. 1992/1326), regs. 2(2), 3(3)(a)

F159Sch. 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)

F160Sch. 3A para. 5(4) added (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 19(b)

F162Sch. 3A para. 5(6) added (coming into force in accordance with reg. 2(2) of the amending S.I.) by The Income-Related Benefits Amendment Regulations 1992 (S.I. 1992/1326), regs. 2(2), 3(3)(b)

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 [F163vacates] 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 [F164old 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)F165...; 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 [F166(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).

[F167(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 [F168a 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

F165Words 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

F167Sch. 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)

[F169SCHEDULE 3BE+W+SPROTECTED SUM

Textual Amendments

F169Sch. 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, F170... if the claimant or any partner of his is temporarily absent from his accommodation [F171for 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)

[F172paragraph 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

F170Words 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)

F171Words 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)

F172Words 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)[F173subject to sub-paragraph (7)] 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[F174, 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.

[F175(7) In the case of a member of a family who in the first week is a child aged less than 11, the amount of any increase for meals under sub-paragraph (4)(a)(ii) shall be either—

(a)the amount of any such increase in the first week determined, or which, but for any temporary absence, would have been determined, in accordance with paragraph 2 of Schedule 5 as then in force; or

(b)£17.65,

whichever is the lower.]

Textual Amendments

F173Words in Sch. 3B para. 2(4)(a)(ii) inserted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 20(a)(i)

F174Words 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)

F175Sch. 3B para. 2(7) added (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 20(a)(ii)

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;[F176or

(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.]

[F177(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

F176Sch. 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)

F177Sch. 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 [F178sub-paragraphs (2) to (5)], 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) [F179or regulation 21A (reductions in certain cases of failure to attend courses)] ceases to apply to a claimant and as a result his applicable amount increases no account shall be taken of that increase.

[F180(3) where a claimant’s applicable amount increases because a child or young person mentioned in paragraph (5)(c) of regulation 16 (circumstances in which a person is treated or not treated as a member of the household) is treated as a member of the claimant’s household under paragraph (6) of that regulation, the claimant’s protected sum shall not be reduced by the amount of that increase unless the child or young person has been treated as a member of the household for a continuous period which exceeds 8 weeks.]

[F181(4) Where by virtue of the coming into force of regulation 15(a), (b) or (c) of the Income Support (General) Amendment No. 4 Regulations 1991 a claimant’s applicable amount increases in his benefit week beginning on a day during the period of 7 days commencing on 1st October 1991, no account shall be taken of that increase.]

[F182(5) Where by virtue of the coming into force of regulation 3(1) and (2) of the Income-Related Benefits Amendment Regulations 1992 a claimant’s applicable amount increases in his benefit week beginning on a day during the period of 7 days commencing on 5th October 1992, no account shall be taken of that increase.]

Textual Amendments

F178Words in Sch. 3B para. 4(1) substituted (coming into force in accordance with reg. 2(2) of the amending S.I.) by The Income-Related Benefits Amendment Regulations 1992 (S.I. 1992/1326), regs. 2(2), 3(4)(a)

F180Sch. 3B para. 4(3) added (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 20(b)(ii)

F182Sch. 3B para. 4(5) added (coming into force in accordance with reg. 2(2) of the amending S.I.) by The Income-Related Benefits Amendment Regulations 1992 (S.I. 1992/1326), regs. 2(2), 3(4)(b)

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

[F183(aa)where the first benefit week in which his applicable amount ceases to be determined under paragraph 1 of Schedule 7 is the relevant benefit week, the amount determined under paragraph 2(4) or, as the case may be, paragraph 2(6), less any reduction under paragraph 4(1) other than a reduction which arises by virtue of his ceasing to be a patient within the meaning of regulation 21(3); 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 [F184a 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

[F185(ii)where the first benefit week in which he becomes so re-entitled is the relevant benefit week, the amount determined under paragraph 2(4) or, as the case may be, paragraph 2(6), less any reduction under paragraph 4(1) in that benefit week; or

(iii)where the first benefit week in which he becomes so re-entitled is a week subsequent to the relevant benefit week, the amount which would have been determined under paragraph 2(4) or, as the case may be, paragraph 2(6) had he been entitled in the relevant benefit week, less any reduction under paragraph 4(1) in the benefit week in which he becomes re-entitled; or

(iv)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

F183Sch. 3B para. 6(2)(aa) inserted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 20(c)(i)

F184Words 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)

F185Sch. 3B para. 6(3)(b)(ii)-(iv) substituted for Sch. 3B para. 6(3)(b)(ii) (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 20(c)(ii)

Regulation 2A(1)(b)

[F186SCHEDULE 3CE+W+S THE GREATER LONDON AREA

Textual Amendments

The area described in this Schedule comprises—

(a)the Boroughs of

BarkingHillington
BarnetHounslow
BexleyIslington
BrentKensington and Chelsea
BromleyKingston—Upon—Thames
CamdenLambeth
City of WestminsterLewisham
CroydonMerton
EalingNewham
EnfieldRedbridge
GreenwichRichmond—Upon—Thames
HackneySouthwark
HaringeySutton
Hammersmith & FulhamTower Hamlets
HarrowWaltham Forest
HaveringWandsworth

(b)the City of London;

(c)in the County of Essex that part of the district of Epping Forest which comprises the parishes of Chigwell and Waltham Holy Cross;

(d)in the County of Hertfordshire, that part of the Borough of Broxbourne which lies south of Cheshunt Park, including Slipe Lane, and that part of the district of Hertsmere which comprises the former parishes of Elstree, Ridge, Shenley and South Mimms;

(e)in the County of Surrey, the Borough of Spelthorne and that part of the Borough of Elmbridge which was formerly administered by the Old Esher District Council.]

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 [F187regulation 17(1)(e) or 18(1)(f)] (housing costs) in respect of the dwelling normally occupied as the home; [F188and

(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)

C5Sch. 4 Pt. I para. 1(2) sum confirmed (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 1995 (S.I. 1995/559), art. 18(2)

Commencement Information

I36Sch. 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)

C6Sch. 4 paras. 2(2)(b)(i)-(iii) sums confirmed (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 1995 (S.I. 1995/559), arts. 1(2)(g), 18(9), Sch. 6 Pt. II

Commencement Information

I37Sch. 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

I38Sch. 4 para. 3 in force at 11.4.1988, see reg. 1

F1894.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

Commencement Information

I39Sch. 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;

[F190(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

I40Sch. 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 [F191£197.00] per week;

(b)past or present mental disorder but excluding mental handicap, the appropriate amount shall be [F191£207.00] per week;

(c)past or present drug or alcohol dependence, the appropriate amount shall be [F191£207.00] per week;

(d)mental handicap, the appropriate amount shall be [F191£237.00] per week;

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

(i)in the case of a person to whom paragraph 8 applies, [F191£267.00] per week, or

(ii)in any other case, [F191£197.00] per week; or

(f)any condition not falling within sub-paragraphs (a) to (e) above, the appropriate amount shall be [F191£197.00] per week.

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

[F192(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]

[F193(b)he—

(i)is entitled to attendance allowance at the higher rate in accordance with section 65(3) of the Contributions and Benefits Act, or the care component of disability living allowance at the highest rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act, or

(ii)has made a claim for attendance allowance or disability living allowance and, in respect of that claim, a decision has been made that he satisfies the disability conditions, but he has not yet completed the qualifying period for that benefit; 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 F194

(ii)by virtue of article 14 of the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 1983 F195 or article 14 of the Personal Injuries (Civilians) Scheme 1983 F196

the appropriate amount shall, except where sub-paragraph (1)(d) or (e)(i) applies, be [F197£227.00] per week.

[F198(3) In this paragraph—

(a)“the disability conditions” means—

(i)in the case of attendance allowance, the conditions in section 64(2) and (3) of the Contributions and Benefits Act; and

(ii)in the case of disability living allowance, the conditions in section 72(1)(b) and (c) of the Contributions and Benefits Act;

(b)“the qualifying period” means—

(i)in the case of attendance allowance, the period specified in section 65(1)(b) of the Contributions and Benefits Act; and

(ii)in the case of disability living allowance, the period specified in section 72(2)(a) of the Contributions and Benefits Act.]

Textual Amendments

F191Sch. 4 para. 6(1) sums amended (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 1995 (S.I. 1995/559), art. 18(8), Sch. 6 Pt. I

F193Sch. 4 para. 6(2)(b) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 4) Regulations 1993 (S.I. 1993/2119), regs. 1(1)(a), 20(2)(a)

F194subsections (3) and (4) of section 61 were added by the Social Security Act 1986 (c. 50) section 39, Schedule 3 paragraph 6.

F197Sum in Sch. 4 para. 6(2) substituted (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 1995 (S.I. 1995/559), arts. 1(2)(g), 18(8)

F198Sch. 4 para. 6(3) added (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 4) Regulations 1993 (S.I. 1993/2119), regs. 1(1)(a), 20(2)(b)

Commencement Information

I41Sch. 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 [F199£296.00] per week;

(b)mental handicap, the appropriate amount shall be [F199£301.00] per week;

(c)past or present drug or alcohol dependence, the appropriate amount shall be [F199£296.00] per week;

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

(i)in the case of a person to whom paragraph 8 applies, [F199£331.00] per week, or

(ii)in any other case, [F199£295.00] per week;

(e)terminal illness, the appropriate amount shall be [F199£295.00] per week; or

(f)any condition not falling within sub-paragraphs (a) to (e), the appropriate amount shall be [F199£295.00] per week.

Textual Amendments

F199Sch. 4 para. 7 sums amended (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 1995 (S.I. 1995/559), art. 18(8), Sch. 6 Pt. I

Commencement Information

I42Sch. 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

I43Sch. 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 1984F200, 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

I44Sch. 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

I45Sch. 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—E+W+S

(a)in the case of a residential care home, [F201£34.00];

(b)in the case of a nursing home, [F201£39.00].

(2) In sub-paragraph (1), “the Greater London area” means all those areas specified [F202in Schedule 3C].

Textual Amendments

F201Sch. 4 para. 11(1) sums amended (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 1995 (S.I. 1995/559), art. 18(8), Sch. 6 Pt. I

F202Words in Sch. 4 para. 11(2) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 4) Regulations 1993 (S.I. 1993/2119), regs. 1(1)(a), 20(3)

Commencement Information

I46Sch. 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 F203 (housing the homeless), or

(ii)by a local authority under [F204section 20 of the Children Act 1989 (provision of accommodation for children: general)] or, in Scotland, section 12 of the Social Work (Scotland) Act 1968 F205 (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 F206 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

F204Words in Sch. 4 para. 12(2)(d)(ii) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) Amendment Regulations 1992 (S.I. 1992/468), reg. 1(1), Sch. para. 8(a)

Commencement Information

I47Sch. 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 [F207£13.35], and if he has a partner, for his partner, [F207£13.35];

(b)for a young person aged 18, [F207£13.35];

(c)for a young person aged under 18 but over 16, [F207£9.25];

(d)for a child aged under 16 but over 11, [F207£8.00];

(e)for a child aged under 11, [F207£5.50].

Textual Amendments

F207Sch. 4 para. 13 sums amended (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 1995 (S.I. 1995/559), art. 18(8), Sch. 6 Pt. I

Commencement Information

I48Sch. 4 para. 13 in force at 11.4.1988, see reg. 1

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

[F20814.  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

I49Sch. 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

I50Sch. 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

I51Sch. 4 para. 16 in force at 11.4.1988, see reg. 1

17.  A person aged 16 or over but under 19 [F209who is being looked after by 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

Textual Amendments

F209Words in Sch. 4 para. 17 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) Amendment Regulations 1992 (S.I. 1992/468), reg. 1(1), Sch. para. 8(b) (with Sch. para. 11)

Commencement Information

I52Sch. 4 para. 17 in force at 11.4.1988, see reg. 1

[F21018.  A person who is living in a residential care home within the meaning of paragraph (d) of the definition of “residential care home” in regulation 19(3) and who is not in receipt of personal care by reason of old age, disablement, past or present dependence on alcohol or drugs or past or present mental disorder.]E+W+S

Textual Amendments

Regulation 20

F211SCHEDULE 5E+W+S

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

Textual Amendments

F211Sch. 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

F212...E+W+S

Textual Amendments

Regulation 21

SCHEDULE 7E+W+SAPPLICABLE AMOUNTS IN SPECIAL CASES

Modifications etc. (not altering text)

C7Sch. 7 paras. 7, 8, 16 and 17 sums confirmed (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 1995 (S.I. 1995/559), arts. 1(2)(g), 18(11), Sch. 7 Pt. II

Commencement Information

I53Sch. 7 in force at 11.4.1988, see reg. 1

Column (1)Column (2)

Patients

[F2131.  Subject to paragraphs 2, 2A, 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)£14.70 plus any amount applicable under regulation 17(1)(e), (f) or (g);

(b)a lone parent;

(b)£14.70 plus any amounts applicable to him under regulation 17(1)(b), (c), (e), (f) or (g) or under regulation 17(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(1) reduced by £11.75;

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

(ii)£29.40 plus any amounts which may be applicable under regulation 17(1)(b), (c), (e), (f) or (g) or under regulation 17(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 £11.75 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.

(ii)the applicable amount shall be £14.70 in respect of each member plus any amounts applicable under regulation 18(1)(c), (d), (f), (g) or (h), or (e) because of his satisfying the condition specified in paragraph 14 of Schedule 2.]

[F2142.  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 (persons unable to act); and

2.— 

(a)Such amount (if any) not exceeding £11.75 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.

(b)£11.75.]

[F2152A.   A single claimant who is detained under the provisions of the Mental Health Act 1983 or the Mental Health (Scotland) Act 1984 and who immediately before his detention under either of those Acts was a prisoner.

2A.  £11.75].

[F2163.  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(1) or 18 except that the amount applicable under regulation 17(1)(b) or 18(1)(c) in respect of the child or young person referred to in Column (1) of this paragraph shall be £11.75 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(1)(b) or 18(1)(c) in respect of the child or young person referred to in Column (1) of this paragraph shall be £11.75 instead of an amount determined in accordance with paragraph 2 of Schedule 2.]

F217. . .F217. . .
F218. . .F218. . .
Claimants without accommodation

6.  A claimant who is without accommodation.

6.  The amount applicable to him under regulation 17[F219(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[F219(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 [F220where—

(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 [F221or section 2 of the Enterprise and New Towns (Scotland) Act 1990] or attending a course at an employment rehabilitation centre established under that section [F222of the 1973 Act], where the course requires him to live away from the dwelling occupied as the home, or

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

(b)the other member of the couple is–

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

(ii)a patient, or

(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[F219(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)F223. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F224Secretary of State for Education and Employment] where the course requires him to live away from home; or

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

10.  Either—

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

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

whichever is the greater.

[F225Single claimants temporarily in local authority accommodation

10A.  A single claimant who is temporarily in accommodation referred to in any of sub-paragraphs (a) to (d) (excluding heads (i) and (ii) of sub-paragraph (d)) of the definition of residential accommodation in regulation 21(3) (special cases).

10A.   £58.85 of which £13.35 is for personal expenses plus any amounts applicable under regulation 17(1)(e), (f) or (g).]

[F226Couples 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 any of sub-paragraphs (a) to (d) (excluding 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(1), 19 or 21 and in respect of the other member £58.85 of which £13.35 is 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 subparagraph (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 £58.85 of which £13.35 is 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 £58.85 of which £13.35 is for personal expenses plus, if appropriate, the amount applicable under regulation 17(1)(e), (f) or (g) or 18(1)(f), (g) or (h).]

F227. . .F227. . .
[F228Lone parents who are in residential accommodation temporarily

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

10C.   £58.85 of which £13.35 is for personal expenses, plus–

(a)in respect of each child or young person who is a member of his family, the amount in respect of him prescribed in paragraph 2(a), (b), (c) or (d) 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 his home, under regulation 17(1)(c), (e), (f) or (g), or (d) in so far as that amount relates to the lone parent premium under paragraph 8 of Schedule 2.]

[F229Lone parents who are in residential care homes or nursing homes temporarily]

10D.  F230. . .

F230. . .
Couples where one member is abroad

11.  [F231Subject to paragraph 11A,] a claimant who is a member of a couple and whose partner is temporarily not present in [F232United Kingdom.]

11.  For the first four weeks of that absence, the amount applicable to them as a couple under regulation 17[F219(1)], or [F23319 or 21] as the case may be and thereafter the amount applicable to the claimant in Great Britain under regulation 17[F219(1)] or [F23319 or 21] as the case may be as if the claimant were a single claimant or, as the case may be, a lone parent.

[F234Couple or member of couple taking child or young person abroad for treatment

11A.—(1) A claimant who is a member of a couple where either—

(a)he or his partner is, or,

(b)both he and his partner are

absent from the United Kingdom in [F235in the circumstances specified in paragraph (2).

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

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

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

11A.  For the first 8 weeks of that absence, the amount applicable to the claimant under regulation 17(1), 19 or 21, as the case may be, and, thereafter, if the claimant is in Great Britain the amount applicable to him under regulation 17(1), 19 or 21, as the case may be, as if the claimant were a single claimant, or, as the case may be, a lone parent.]

[F236Polygamous marriages where any member is abroad

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

(a)he or one of his partners is, or

(b)he and one or more of his partners, are or

(c)two or more of his partners are,

temporarily absent from the United Kingdom;

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

[F237Polygamous marriage: taking child or young person abroad for treatment

12A.—(1) A claimant who is a member of a polygamous marriage where—

(a)he or one of his partners is,

(b)he and one or more of his partners, are or

(c)two or more of his partners are,

absent from the United Kingdom in [F238in the circumstances specified in paragraph (2).

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

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

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

12A.  For the first 8 weeks of that absence, the amount applicable to the claimant under regulations 18 to 21, as the case may be, and thereafter, if the claimant is in Great Britain the amount applicable to him under regulations 18 to 21, as the case may be, as if any member of the polygamous marriage not in the United Kingdom were not a member of the marriage.]

[F239Persons in residential accommodation

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

13.—(1) Any amount applicable under regulation 17(1)(f) or (g) or 18(1)(g) or (h), plus—

(a)a single claimant;

(a)£58.85 of which £13.35 is 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.

(2)  Any amount applicable under regulation 17(1)(f) or (g), plus £13.35.]

[F240Polish Resettlement

13A.  —

[F241(1)] 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).

[F242where the claimant both requires personal care and is provided with it in the accommodation and—

(a)is resident in that accommodation on 31st March 1995 or is temporarily absent on that date; or

(b)is first provided with such accommodation and care on or after 1st April 1995; or

(c) is re-admitted to such accommodation on or after 1st April 1995 where his absence has been other than temporary.]

[F243(2) In this paragraph “personal care” means care which includes assistance with bodily functions where such assistance is required.

(3) An absence is temporary for the purposes of sub-paragraph (1) where the absent resident with the agreement of the manager of the accommodation intends to return to the accommodation in due course.]

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) [F244or, in the case of a claimant to whom sub-paragraph (1)(b) or (c) of Column (1) applies, determined in accordance with sub-paragraph (3A) below.]

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

(a)in the case of a single claimant, £331.00;

(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, £331;

(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, £331; 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) [F245Except where the claimant is a person to whom sub-paragraph (1)(b) or (c) of Column (1) refers,] the amount for personal expenses referred to in sub-paragraph (1)(b) shall be—

(a)for the claimant, £17.35;

(b)for his partner, £17.35;

(c)for a young person aged 18, £15.55;

(d)for a young person aged under 18 but over 16, £9.25;

(e)for a child aged under 16 but over 11, £8.00;

(f)for a child aged under 11, £5.50.

[F246(3A) In the case of a claimant to whom sub-paragraph (1)(b) or (c) of Column (1) applies, the amount for personal expenses referred to in sub-paragraph (1)(b) above, shall be the aggregate of the amounts which are relevant to him and which are referred to in Schedule 4 paragraph 13.]

(4) The maximum amount in respect of a member of a family aged under 11 calculated in the manner referred to in [F247sub-paragraph (2)(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.]

[F248Polish resettlement: Persons temporarily absent from accommodation

13B.  Where a claimant or his partner is temporarily absent from accommodation to which paragraph 13A applies for which the claimant is liable to pay a retaining fee, and but for that absence from that accommodation his applicable amount would be calculated in accordance with that paragraph and the absent person—

(a)is a patient; or

(b)is a person to whom sub-paragraph (a) does not apply.

13B.  The amount otherwise applicable to him under these Regulations may be increased to take account of the retaining fee—

(a)in a case to which sub-paragraph (a) of Column 1 applies—

(i)where the person has been a patient for a period of 6 weeks or less, by an amount not exceeding the maximum amount referred to in paragraph 13A(2)(a);

(ii)where the person has been a patient for a period of more than 6 weeks, by an amount not exceeding 80 per cent. of the normal weekly charge for that accommodation, but any such increase shall not be for a continuous period of more than 52 weeks;

(b)in a case of a person to whom sub-paragraph (b) of Column 1 applies, by an amount not exceeding 80 per cent. of the normal weekly charge for that accommodation, but any such increase shall not be for a continuous period of more than 4 weeks.]

Polish Resettlement

14.  F249

. . . 		F249. . .
Resettlement Units

15.  F250

. . . 		F250. . .
Persons temporarily absent from board and lodging accommodation or a hostel, residential care or nursing home

[F25116.   Where a person is temporarily absent from accommodation for which he is liable to pay a retaining fee, and but for his temporary absence from that accommodation his applicable amount would be calculated in accordance with regulation 19 (applicable amounts for persons in residential care and nursing homes), 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) F252... and—

(a)he is a person in accommodation referred to in [F253[F254any of sub-paragraphs (a) to (c)] of the definition of residential accommodation][F255in 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 [F256or 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;

F257. . .F257. . .

(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[F219(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[F219(1)](b), (c) or (d) plus the amount applicable to him under [F258regulation 17(1)(e), (f) and (g)] [F259 or, as the case may be,] [F260regulation 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 [F260regulation 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[F219(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[F219(1)](d) because of Part III of Schedule 2.

[F261Persons in residential care or nursing homes who become patients

18.   A claimant to whom regulation 19 (persons in residential care or nursing homes) 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 as if the claimant or the member of the family who is a patient were resident in the accommodation to which regulation 19 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 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 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 4 (meal allowances) plus the amount in respect of him as an allowance for personal expenses under paragraph 13 of Schedule 4 as if he were residing in the accommodation to which regulation 19 applies plus 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 the accommodation;

(iv)the amount which would be applicable to him under regulation 17(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)£14.70, 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(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, 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 (meals allowances) and for the amount in respect of the allowance for personal expenses prescribed by paragraph 13 of Schedule 4, there shall be substituted the amount £14.70;

where all the children or young persons are absent from the accommodation, £14.70 plus any amounts applicable to him under regulation 17(1)(b), (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(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 sub-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 19, and in respect of each such child or young person there shall be added the amount of £14.70;

(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 19 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 4 and for the amount in respect of the allowance for personal expenses prescribed by paragraph 13 of Schedule 4 there shall be substituted the amount of £14.70; 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 sub-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 19 and in respect of each such child or young person there shall be added the amount of £11.75;

(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 £14.70 in respect of each member of the couple or polygamous marriage, 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(1)(e) or 18(1)(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 having taken into account any reduction in charge continued to apply to all the members of the family except that in respect of each member of the couple or polygamous marriage no amount shall be applicable in respect of him under paragraph 2(2) of Schedule 4, and for the amount in respect of the allowance for personal expenses prescribed by paragraph 13 of Schedule 4 in respect of each member there shall be substituted the amount of £14.70;

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(1)(e) or 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 remaining 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 19, and in respect of each such child or young person there shall be added the amount of £11.75;

(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 as if that child or young person was not a member of the family plus an amount of £11.75 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 F262 (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 [F263regulation 6(3) of those Regulations] and [F264ending with the day before 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

F213Sch. 7 para. 1 amended (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 1995 (S.I. 1995/559), arts. 1(2)(g), 18(10), Sch. 7 Pt. I

F214Sch. 7 para. 2 amended (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 1995 (S.I. 1995/559), arts. 1(2)(g), 18(10), Sch. 7 Pt. I

F215Sch. 7 para. 2A amended (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 1995 (S.I. 1995/559), arts. 1(2)(g), 18(10), Sch. 7 Pt. I

F216Sch. 7 para. 3 amended (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 1995 (S.I. 1995/559), arts. 1(2)(g), 18(10), Sch. 7 Pt. I

F223Words 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)

F225Sch. 7 para. 10A amended (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 1995 (S.I. 1995/559), arts. 1(2)(g), 18(10), Sch. 7 Pt. I

F226Sch. 7 para. 10B(1)-(3) amended (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 1995 (S.I. 1995/559), arts. 1(2)(g), 18(10), Sch. 7 Pt. I

F228Sch. 7 para. 10C amended (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 1995 (S.I. 1995/559), arts. 1(2)(g), 18(10), Sch. 7 Pt. I

F231Words in Sch. 7 para. 11 inserted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 21(g)

F233Words 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)

F234Sch. 7 para. 11A inserted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 21(h)

F236Sch. 7 para. 12 substituted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 21(i)

F237Sch. 7 para. 12A inserted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 21(j)

F239Sch. 7 para. 13 amended (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 1995 (S.I. 1995/559), arts. 1(2)(g), 18(10), Sch. 7 Pt. I

F240Sch. 7 para. 13A amended (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 1995 (S.I. 1995/559), arts. 1(2)(g), 18(10), Sch. 7 Pt. I

F241Sch. 7 para. 13A renumbered as Sch. 7 para. 13A(1) (10.4.1995) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1995 (S.I. 1995/516), regs. 1(1)(a), 26(2)(a)(i) (with reg. 1(2))

F248Sch. 7 para. 13B inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No.5) Regulations 1994 (S.I. 1994/2139), regs. 1(1)(a), 31(b)

F249Sch. 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)

F250Sch. 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)

F251Words in Sch. 7 para. 16 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 4) Regulations 1993 (S.I. 1993/2119), regs. 1(1)(a), 21(3)

F252Words 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)

F253Words 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

F257Sch. 7 para. 17(b)(ii) omitted (8.4.1991) by virtue of The Income Support (General) Amendment Regulations 1991 (S.I. 1991/236), regs. 1(1)(b), 13 (with reg. 1(2))

F260Words 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)

F261Sch. 7 para. 18 amended (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 1995 (S.I. 1995/559), arts. 1(2)(g), 18(10), Sch. 7 Pt. I

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 [F265or, had the employment been in Great Britain, would have been so engaged]—E+W+S

(a)any earnings paid or due to be paid [F266in 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 [F267(g) to (i)] applies (earnings of employed earners);

[F268(b)where—

(i)the employment has not been terminated, but

(ii)the claimant is not engaged in remunerative work,

any earnings in respect of that employment 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

F268Sch. 8 para. 1(b) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 4) Regulations 1993 (S.I. 1993/2119), regs. 1(1)(a), 22(2)

Commencement Information

I54Sch. 8 para. 1 in force at 11.4.1988, see reg. 1

[F2692.  In the case of a claimant who, before the date of claim—E+W+S

(a)has been engaged in part-time employment as an employed earner or, where the employment has been outside Great Britain, would have been so engaged had the employment been in Great Britain, and

(b)has ceased to be engaged in that employment, whether or not that employment has been terminated,

any earnings in respect of that employment except any payment to which regulation 35(1)(e) applies; but this paragraph shall not apply where the claimant has been suspended from his employment.]

Textual Amendments

3.  In the case of a claimant who has been engaged in remunerative work or part-time employment as a self-employed earner [F270or, 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

I55Sch. 8 para. 3 in force at 11.4.1988, see reg. 1

[F2714.—(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.

[F272(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 [F273or section 2 of the Enterprise and New Towns (Scotland) Act 1990] or to attend a course at an employment rehabilitation centre established under that section [F274of the 1973 Act];

(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 [F275or section 2 of the Enterprise and New Towns (Scotland) Act 1990] or attending a course at an employment rehabilitation centre established under that section [F276of the 1973 Act].]]

Textual Amendments

F271Sch. 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

F272Sch. 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)

F273Words in Sch. 8 para. 4(7)(a)(ii) inserted (1.4.1991) by The Enterprise (Scotland) Consequential Amendments Order 1991 (S.I. 1991/387), arts. 1, 2, Sch.

F275Words in Sch. 8 para. 4(7)(c) inserted (S.) (1.4.1991) by The Enterprise (Scotland) Consequential Amendments Order 1991 (S.I. 1991/387), arts. 1, 2, Sch.

Commencement Information

I56Sch. 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 homeF277...F278... or in residential accommodation would be, included in the calculation of the claimant's applicable amount, £15.E+W+S

Textual Amendments

F277Words 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)

F278Words 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

I57Sch. 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 [F279 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;

[F280(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 [F281or section 2 of the Enterprise and New Towns (Scotland) Act 1990] or attending a course at an employment rehabilitation centre established under that section [F282of the 1973 Act]; 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 F283;

(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 F284 or was in receipt of supplementary benefit under the Supplementary Benefit (Northern Ireland) Order 1977 F285 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 [F286sub-paragraphs (2) to (2C)] hereof shall apply by analogy.

Textual Amendments

F280Sch. 8 para. 6(2)-(2C) substituted for Sch. 8 para. 6(2) (9.10.1989) by The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(a), 12(b)(ii)

F2831976 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).

F284S.I. 1986/1888 (NI 18); the relevant amending instrument is S.I. 1987/464 (NI 8).

F285S.I. 1977/2156 (NI 27); the relevant amending instruments are S.I. 1980/870 (NI 18), S.I. 1987/464 (NI 8).

Commencement Information

I58Sch. 8 para. 6 in force at 11.4.1988, see reg. 1

[F2876A.—(1) In a case to which none of paragraphs 4 to 6 applies to the claimant, and subject to sub-paragraph (2), where the claimant’s applicable amount includes an amount by way of the carer premium under Schedule 2 (applicable amounts), £15 of the earnings of the person who is, or at any time in the preceding eight weeks was, in receipt of invalid care allowance or treated in accordance with paragraph 14ZA(2) of that Schedule as being in receipt of invalid care allowance.E+W+S

(2) Where the carer premium is awarded in respect of the claimant and of any partner of his, their earnings shall for the purposes of this paragraph be aggregated, but the amount to be disregarded in accordance with sub-paragraph (1) shall not exceed £15 of the aggregated amount.]

Textual Amendments

F287Sch. 8 paras. 6A, 6B inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/315), regs. 1(1)(c), 8(2)

[F2876B.  Where the carer premium is awarded in respect of a claimant who is a member of a couple and whose earnings are less than £15, but is not awarded in respect of the other member of the couple, and that other member is engaged in an employment—E+W+S

(a)specified in paragraph 7(1), so much of the other member’s earnings as would not when aggregated with the amount disregarded under paragraph 6A exceed £15;

(b)other than one specified in paragraph 7(1), so much of the other member’s earnings from such other employment up to £5 as would not when aggregated with the amount disregarded under paragraph 6A exceed £15.]

Textual Amendments

F287Sch. 8 paras. 6A, 6B inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/315), regs. 1(1)(c), 8(2)

7.—(1) In a case to which none of paragraphs [F2884 to 6B] 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 1959F289;

(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 1979F290;

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

F288Words in Sch. 8 para. 7 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/315), regs. 1(1)(c), 8(3)

F290S.I. 1979/591; Part I of Schedule 3 substituted by S.I. 1980/1975.

Commencement Information

I59Sch. 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

I60Sch. 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

I61Sch. 8 para. 9 in force at 11.4.1988, see reg. 1

10.  Notwithstanding [F291paragraphs 6 to 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

Textual Amendments

F291Words in Sch. 8 para. 10 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/315), regs. 1(1)(c), 8(4)

Commencement Information

I62Sch. 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

I63Sch. 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

I64Sch. 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

I65Sch. 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

I66Sch. 8 para. 14 in force at 11.4.1988, see reg. 1

15.  [F292In the case of earnings of a child or young person who although not receiving full-time education for the purposes of section 2 of the Child Benefit Act 1975 (meaning of “child”) is nonetheless treated for the purposes of these Regulations as receiving relevant education and] who is engaged in remunerative work, if—

(a)an amount by way of a disabled child premium under Schedule 2 (applicable amounts) is, or but for his accommodation in a [F293residential 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

F293Words 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

I67Sch. 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

I68Sch. 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

I69Sch. 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 [F294voluntary organisation]; 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).

Textual Amendments

Commencement Information

I70Sch. 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

I71Sch. 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

I72Sch. 9 para. 4 in force at 11.4.1988, see reg. 1

[F2954A.  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

I73Sch. 9 para. 5 in force at 11.4.1988, see reg. 1

6.  Any mobility allowance [F296or the mobility component of disability living allowance].E+W+S

Textual Amendments

Commencement Information

I74Sch. 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 [F297paragraph 6, 9 or 9A];

(b)income support.

Textual Amendments

Commencement Information

I75Sch. 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

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

[F2989.  Any attendance allowance or the care component of disability living allowance, but, where the claimant’s applicable amount falls to be calculated in accordance with Part I of Schedule 4 [F299or paragraph 13A of Schedule 7] only to the extent that it exceeds the amount for the time being specified as the higher rate of attendance allowance for the purposes of section 64(3) of the Social Security Contributions and Benefits Act 1992 or, as the case may, be the highest rate of the care component of disability living allowance for the purposes of section 72(4)(a) of that Act.]E+W+S

Textual Amendments

F3009A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F300Sch. 9 para. 9A omitted (with effect in accordance with reg. 1(2) of the amending S.I.) by virtue of The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 4) Regulations 1993 (S.I. 1993/2119), regs. 1(1)(a), 23(2)

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

Commencement Information

I77Sch. 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 F301 (assistance by means of scholarships and otherwise), or by virtue of section 2 (1) of the Education Act 1962 F302 (awards for courses of further education) or section 49 of the Education (Scotland) Act 1980 F303 (power to assist persons to take advantage of educational facilities).E+W+S

Textual Amendments

F3011944 c. 31; section 81 was amended by S.I. 1964/490.

F3021962 c. 12; section 2 (1) was substituted by section 19 of, and Schedule 5 to, the Education Act 1980 (c. 20).

Commencement Information

I78Sch. 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

I79Sch. 9 para. 12 in force at 11.4.1988, see reg. 1

[F30413.  In the case of a claimant participating in arrangements for training made under section 2 of the Employment and Training Act 1973 [F305or section 2 of the Enterprise and New Towns (Scotland) Act 1990] or attending a course at an employment rehabilitation centre established under that section [F306of the 1973 Act]—E+W+S

(a)any travelling expenses reimbursed to the claimant;

(b)any living away from home allowance under section 2(2)(d) [F307of the 1973 Act or section 2(4)(c) of the 1990 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) [F307of the 1973 Act or section 2(4)(c) of the 1990 Act].]

Textual Amendments

Commencement Information

I80Sch. 9 para. 13 in force at 11.4.1988, see reg. 1

F30814.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

[F30915.—[F310(1) Subject to sub-paragraph (3) and paragraphs 36, 37 and 39, £10 of any charitable payment or of any voluntary payment made or due to be made at regular intervals, except any payment to which sub-paragraph (2) or paragraph 15A applies.]E+W+S

(2) Subject to [F311sub-paragraphs (3) and (6)] and paragraph 39, any charitable payment or voluntary payment made or due to be made at regular intervals which is intended and used for an item other than food, ordinary clothing or footwear, household fuel, rent or rates for which housing benefit is payable, F312... any housing costs to the extent that they are met under regulation 17(1)(e) or 18(1)(f) (housing costs) or any accommodation charges to the extent that they are met under regulation 19 (persons in residential care or nursing homes)F313..., of a single claimant or, as the case may be, of the claimant or any other member of his family[F314, or is used for any [F315council tax] or water charges for which that claimant or member is liable].

(3) Sub-paragraphs (1) and (2) shall not apply—

(a)to a payment which is made by a person for the maintenance of any member of his family or of his former partner or of his children;

(b)in the case of 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 section 23A(b) of the Act (effect of return to work).

(4) For the purposes of sub-paragraph (1) where a number of charitable or voluntary payments fall to be taken into account in any one week they shall be treated as though they were one such payment.

(5) For the purposes of sub-paragraph (2) the expression “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities.]

[F316(6) Sub-paragraph (2) shall apply to a claimant in a residential care home or nursing home only if his applicable amount falls to be calculated in accordance with regulation 19.]

Textual Amendments

F309Sch. 9 para. 15 substituted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 22(a)

F310Sch. 9 para. 15(1) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 4) Regulations 1993 (S.I. 1993/2119), regs. 1(1)(a), 23(3)(a)

F311Words in Sch. 9 para. 15(2) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 4) Regulations 1993 (S.I. 1993/2119), regs. 1(1)(a), 23(3)(b)

F313Words in Sch. 9 para. 15(2) omitted (with effect in accordance with reg. 1(3) of the amending S.I.) by virtue of The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1994 (S.I. 1994/527), regs. 1(1)(b), 9(2)

F316Sch. 9 para. 15(6) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 4) Regulations 1993 (S.I. 1993/2119), regs. 1(1)(a), 23(3)(c)

Commencement Information

I81Sch. 9 para. 15 in force at 11.4.1988, see reg. 1

[F31715A.—(1) Subject to the following provisions of this paragraph, in the case of a claimant placed in a residential care home or nursing home by a local authority under section 26 of the National Assistance Act 1948, [F318sections 13A, 13B and 59(2)(c) of the Social Work (Scotland) Act 1968 or section 7 of the Mental Health (Scotland) Act 1984] any charitable payment or voluntary payment made or due to be made at regular intervals.E+W+S

(2) This paragraph shall apply only where—

(a)the claimant was placed in the residential care or nursing home by the local authority because the home was the preferred choice of the claimant, and

(b)the cost of the accommodation was in excess of what the authority would normally expect to pay having regard to the needs of the claimant assessed in accordance with section 47 of the National Health Service and Community Care Act 1990.

(3) This paragraph shall not apply in the case of a person whose applicable amount falls to be calculated under regulation 19 (persons in residential care or nursing homes with preserved rights).

(4) The amount to be disregarded under sub-paragraph (1) shall not exceed the difference between the actual cost of the accommodation provided by the local authority and the cost the authority would normally incur for a person with the particular needs of the claimant.]

Textual Amendments

[F31916.  Subject to paragraphs 36 and 37, £10 of any of the following, namely—E+W+S

(a)a war disablement pension (except insofar as such a pension falls to be disregarded under paragraph 8 or 9);

(b)a war widow’s pension;

(c)a pension payable to a person as a widow under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983 insofar as that Order is made under the Naval and Marine Pay and Pensions Act 1865 [F320or the Pensions and Yeomanry Pay Act 1884], or is made only under section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977 and any power of Her Majesty otherwise than under an enactment to make provision about pensions for or in respect of persons who have been disabled or have died in consequence of service as members of the armed forces of the Crown;

(d)a payment made to compensate for the non-payment of such a pension as is mentioned in any of the preceding sub-paragraphs;

(e)a pension paid by the government of a country outside Great Britain which is analogous to any of the pensions mentioned in sub-paragraphs (a) to (c) above;

(f)a pension paid to victims of National Socialist persecution 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.]

Textual Amendments

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—

[F321(i)where, or insofar as, section 369 of the Income and Corporation Taxes Act 1988 (mortgage interest payable under deduction of tax) 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 applicable percentage of income tax within the meaning of section 369(1A) of that Act;]

(ii)in any other case the interest which is payable on the loan without deduction of such a sum.

Textual Amendments

F321Sch. 9 para. 17(i) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No.5) Regulations 1994 (S.I. 1994/2139), regs. 1(1)(a), 32(2)

Commencement Information

I82Sch. 9 para. 17 in force at 11.4.1988, see reg. 1

[F32218.  Any payment made to the claimant by a person who normally resides with the claimant, which is a contribution towards that person’s living and accommodation costs, except where that person is residing with the claimant in circumstances to which paragraph 19 or 20 refers.]E+W+S

Textual Amendments

[F32319.  Where the claimant occupies a dwelling as his home and the dwelling is also occupied by [F324another person] and there is a contractual liability to make payments to the claimant in respect of the occupation of the dwelling by that person or a member of his family—E+W+S

(a)£4 of the aggregate of any payments made in respect of any one week in respect of the occupation of the dwelling by that person or a member of his family, or by that person and a member of his family; and

(b)a further [F325£9.20,] where the aggregate of any such payments is inclusive of an amount for heating.]

Textual Amendments

F323Sch. 9 para. 19 substituted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1994 (S.I. 1994/527), regs. 1(1)(b), 9(3)

F325Sum in Sch. 9 para. 19(b) substituted (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 1995 (S.I. 1995/559), arts. 1(2)(g), 18(13)

Commencement Information

I83Sch. 9 para. 19 in force at 11.4.1988, see reg. 1

[F32620.  Where the claimant occupies a dwelling as his home and he provides in that dwelling board and lodging accommodation, an amount, in respect of each person for whom such accommodation is provided for the whole or any part of a week, equal to—E+W+S

(a)where the aggregate of any payments made in respect of any one week in respect of such accommodation provided to such person does not exceed £20.00, 100% of such payments; or

(b)where the aggregate of any such payments exceeds £20.00, £20.00 and 50% of the excess over £20.00.]

Textual Amendments

F326Sch. 9 para. 20 substituted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1994 (S.I. 1994/527), regs. 1(1)(b), 9(4)

Commencement Information

I84Sch. 9 para. 20 in force at 11.4.1988, see reg. 1

[F32721.—(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[F328, the Macfarlane (Special Payments) Trust][F329, the Macfarlane (Special Payments) (No. 2) Trust][F330, the Fund[F331, the Eileen Trust]] [F332or [F333the Independent Living Funds]].]

Textual Amendments

Commencement Information

I85Sch. 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 [F33412 or 25 to 28] of Schedule 10.E+W+S

(2) Income derived from capital disregarded under paragraph 2 [F3354 or 25 to 28] of Schedule 10 but [F336only to the extent of—

(a)any mortgage repayments made in respect of the dwelling or premises in the period during which that income accrued; or

(b)any council tax or water charges which the claimant is liable to pay in respect of the dwelling or premises and which are paid in the period during which that income accrued.]

[F337(3) The definition of “water charges” in regulation 2(1) shall apply to sub-paragraph (2) with the omission of the words “in so far as such charges are in respect of the dwelling which a person occupies as his home”.]

Textual Amendments

F336Words in Sch. 9 para. 22(2) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/315), regs. 1(1)(b)(c), 9(2)

F337Sch. 9 para. 22(3) added (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/315), regs. 1(1)(b)(c), 9(3)

Commencement Information

I86Sch. 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

I87Sch. 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

I88Sch. 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

[F338(a)in accordance with regulations made pursuant to section 57A of the Adoption Act 1976(permitted allowances) or with a scheme approved by the Secretary of State under section 51 of the Adoption (Scotland) Act 1978(schemes for payment of allowances to adopters);

(b)which is a payment made by a local authority in pursuance of section 15(1) of, and paragraph 15 of Schedule 1 to, the Children Act 1989 (local authority contribution to a child’s maintenance where the child is living with a person as a result of a residence order);]

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

F338Sch. 9 para. 25(1)(a) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) Amendment Regulations 1992 (S.I. 1992/468), reg. 1(1), Sch. para. 9(a), (with Sch. para. 11)

Commencement Information

I89Sch. 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 [F339accommodated by virtue of arrangements made under section 23(2)(a) of the Children Act 1989 (provision of accommodation and maintenance for a child whom they are looking after)] or, as the case may be, [F340section 21] of the Social Work (Scotland) Act 1968 F341 or by a voluntary organisation under [F342section 59(1)(a) of the 1989 Act (provision of accommodation by voluntary organisations)] or by a care authority under regulation 9 of the Boarding Out and Fostering of Children (Scotland) Regulations 1985 F343 (provision of accommodation and maintenance for children in care).E+W+S

Textual Amendments

F339Words in Sch. 9 para. 26 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) Amendment Regulations 1992 (S.I. 1992/468), regs. 1(1), Sch. para. 9(b)(i) (with Sch. para. 11)

F342Words in Sch. 9 para. 26 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) Amendment Regulations 1992 (S.I. 1992/468), regs. 1(1), Sch. para. 9(b)(ii) (with Sch. para. 11)

Commencement Information

I90Sch. 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

I91Sch. 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 [F344or 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)], [F345any payment made by a local authority [F346in accordance with section 17 or 24 of the Children Act 1989] 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

F346Words in Sch. 9 para. 28 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) Amendment Regulations 1992 (S.I. 1992/468), reg. 1(1), Sch. para. 9(c)

Commencement Information

I92Sch. 9 para. 28 in force at 11.4.1988, see reg. 1

[F34729.—(1) Subject to sub-paragraph (2) any payment received under an insurance policy, taken out to insure against the risk of being unable to maintain repayments on a loan which qualifies under paragraph 15 or 16 of Schedule 3 (housing costs in respect of loans to acquire an interest in a 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 the aggregate of—E+W+S

(a)the amount, calculated on a weekly basis, of any interest on that loan which is in excess of the amount met in accordance with Schedule 3 (housing costs);

(b)the amount of any payment, calculated on a weekly basis, due on the loan attributable to the repayment of capital; and

(c)any amount due by way of premiums on—

(i)that policy, or

(ii)a policy of insurance taken out to insure against loss or damage to any building or part of a building which is occupied by the claimant as his home.

(2) This paragraph shall not apply to any payment which is treated as possessed by the claimant by virtue of regulation 42(4)(a)(ii) (notional income).]

Textual Amendments

F347Sch. 9 para. 29 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Income Support and Claims and Payments) Amendment Regulations 1995 (S.I. 1995/1613), reg. 1(1), Sch. 3

[F34830.—(1) Except where paragraph 29 applies, and subject to sub-paragraph (2), any payment made to the claimant which is intended to be used and is used as a contribution towards—E+W+S

(a)any payment due on a loan if secured on the dwelling occupied as the home which does not qualify under Schedule 3 (housing costs);

(b)any interest payment or charge which qualifies in accordance with paragraphs 15 to 17 of Schedule 3 to the extent that the payment or charge is not met;

(c)any payment due on a loan which qualifies under paragraph 15 or 16 of Schedule 3 attributable to the payment or capital;

(d)any amount due by way of premiums on—

(i)[F349an insurance policy taken out to insure against the risk of being unable to make the payments referred to in (a) to (c) above;] or

(ii)a policy of insurance taken out to insure against loss or damage to any building or part of a building which is occupied by the claimant as his home.

(e)his rent in respect of the dwelling occupied by him as his home but only to the extent that it is not met by housing benefit; or his accommodation charge but only to the extent that the actual charge 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) or the amount payable by a local authority in accordance with Part III of the National Assistance Act 1948.

(2) This paragraph shall not apply to any payment which is treated as possessed by the claimant by virtue of regulation 42(4)(a)(ii) (notional income).]

Textual Amendments

[F35030A.—(1) Subject to sub-paragraphs (2) and (3), in the case of a claimant in a residential care home or nursing home, any payment, whether or not the payment is charitable or voluntary but not a payment to which paragraph 15A applies, made to the claimant which is intended to be used and is used to meet the cost of maintaining the claimant in that home.E+W+S

(2) This paragraph shall not apply to a claimant for whom accommodation in a residential care home or nursing home is provided by a local authority under section 26 of the National Assistance Act 1948, or whose applicable amount falls to be calculated in accordance with regulation 19.

(3) The amount to be disregarded under this paragraph shall not exceed the difference between—

(a)the claimant’s applicable amount less any of the amounts referred to in paragraph 13 of Schedule 4 (personal allowances) which would be applicable to the claimant if his applicable amount fell to be calculated in accordance with that Schedule, and

(b)the weekly charge for the accommodation.]

Textual Amendments

F350Sch. 9 para. 30A added (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 4) Regulations 1993 (S.I. 1993/2119), regs. 1(1)(a), 23(6)

[F35131.  Any social fund payment made pursuant to Part III of the Act.]E+W+S

Textual Amendments

Commencement Information

I93Sch. 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

I94Sch. 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

I95Sch. 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

I96Sch. 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

I97Sch. 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)[F352, regulation 66A(2) (treatment of student loans)] and [F353paragraphs 15(1)] and 16 shall in no case exceed [F354£10] per week.E+W+S

Textual Amendments

F353Words in Sch. 9 para. 36 substituted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 22(d)(i)

F354Sum in Sch. 9 para. 36 substituted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 22(d)(ii)

Commencement Information

I98Sch. 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

I99Sch. 9 para. 37 in force at 11.4.1988, see reg. 1

[F35538.  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

[F35639.—(1) Any payment made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust (“the Trusts"), [F357the Fund[F358, the Eileen Trust]] or [F359the Independent Living Funds].E+W+S

(2) Any payment by or on behalf of a person who is suffering or who suffered from haemophilia [F357or who is or was a qualifying person], which derives from a payment made under any of the Trusts to which sub-paragraph (1) refers and which is made to or for the benefit of—

(a)that person’s partner or former partner from whom he is not, or where that person has died was not, estranged or divorced;

(b)any child who is a member of that person’s family or who was such a member and who is a member of the claimant’s family; or

(c)any young person who is a member of that person’s family or who was such a member and who is a member of the claimant’s family.

(3) Any payment by or on behalf of the partner or former partner of a person who is suffering or who suffered from haemophilia [F360or who is or was a qualifying person] provided that the partner or former partner and that person are not, or if either of them has died were not, estranged or divorced, which derives a payment made under any of the Trusts to which sub-paragraph (1) refers and which is made to or fro the benefit of—

(a)the person who is suffering from haemophilia [F361or who is a qualifying person];

(b)any child who is a member of that person’s family or who was such a member and who is a member of the claimant’s family; or

(c)any young person who is a member of that person’s family or who was such a member and who is a member of the claimant’s family.

(4) Any payment by a person who is suffering from haemophilia [F362or who is a qualifying person], which derives from a payment under any of the Trusts to which sub-paragraph (1) refers, where—

(a)that person has no partner or former partner from whom he is not estranged or divorced, nor any child or young person who is or had been a member of that person’s family; and

(b)the payment is made either—

(i)to that person’s parent or step-parent, or

(ii)where that person at the date of the payment is a child, a young person or a student who has not completed his full-time education and has no parent or step-parent, to his guardian,

but only for a period from the date of the payment until the end of two years from that person’s death.

(5) Any payment out of the estate of a person who suffered from haemophilia [F362or who was a qualifying person], which derives from a payment under any of the Trusts to which sub-paragraph (1) refers, where—

(a)that person at the date of his death (the relevant date) had no partner or former partner from whom he was not estranged or divorced, nor any child or young person who was or had been a member of his family; and

(b)the payment is made either—

(i)to that person’s parent or step-parent, or

(ii)where that person at the relevant date was a child, a young person or a student who had not completed his full-time education and had no parent or step-parent, to his guardian,

but only for a period of two years from the relevant date.

(6) In the case of a person to whom or for whose benefit a payment referred to in this paragraph is made, any income which derives from any payment of income or capital made under or deriving from any of the Trusts.]

[F363(7) For the purposes of sub-paragraphs (2) to (6), any reference to the Trusts shall be construed as including a reference to the Fund [F364and the Eileen Trust].]

Textual Amendments

[F36540.  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

[F36641.  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

[F36642.  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

[F36643.  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

F36744.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

[F36845.  Any community charge benefit.]E+W+S

Textual Amendments

F368Sch. 9 paras. 45-47 added (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(a), 22(e)

[F36846.  Any payment in consequence of a reduction of a personal community charge pursuant to regulations under section 13A of the Local Government Finance Act 1988 or section 9A of the Abolition of Domestic Rates Etc (Scotland) Act 1987 (reduction of liability for personal community charges) [F369or reduction of council tax under section 13 or, as the case may be, section 80 of the Local Government Finance Act 1992 (reduction of liability for council tax)].]E+W+S

Textual Amendments

F368Sch. 9 paras. 45-47 added (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(a), 22(e)

[F36847.  Any special war widows payment made under—E+W+S

(a)the Naval and Marine Pay and Pensions (Special War Widows Payment) Order 1990 made under section 3 of the Naval and Marine Pay and Pensions Act 1865;

(b)the Royal Warrant dated 19th February 1990 amending the Schedule to the Army Pensions Warrant 1977;

(c)the Queen’s Order dated 26th February 1990 made under section 2 of the Air Force (Constitution) Act 1917;

(d)the Home Guard War Widows Special Payments Regulations 1990 made under section 151 of the Reserve Forces Act 1980;

(e)the Orders dated 19th February 1990 amending Orders made on 12th December 1980 concerning the Ulster Defence Regiment made in each case under section 140 of the Reserve Forces Act 1980;

and any analogous payment made by the Secretary of State for Defence to any person who is not a person entitled under the provisions mentioned in sub- paragraphs (a) to (e) of this paragraph.]

Textual Amendments

F368Sch. 9 paras. 45-47 added (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(a), 22(e)

[F37048.—(1) Any payment or repayment made–E+W+S

(a)as respects England and Wales, under regulation 3, 5 or 8 of the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 (travelling expenses and health service supplies);

(b)as respects Scotland, under regulation 3, 5 or 8 of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 1988 (travelling expenses and health service supplies).

(2) Any payment or repayment made by the Secretary of State for Health, the Secretary of State for Scotland or the Secretary of State for Wales which is analogous to a payment or repayment mentioned in sub-paragraph (1).]

Textual Amendments

[F37049.  Any payment made under regulation 9 to 11 or 13 of the Welfare Food Regulations 1988 (payments made in place of milk tokens or the supply of vitamins).]E+W+S

Textual Amendments

[F37050.  Any payment made either by the Secretary of State for the Home Department or by the Secretary of State for Scotland under a scheme established to assist relatives and other persons to visit persons in custody.]E+W+S

Textual Amendments

[F37151.  Any payment (other than a training allowance) made, whether by the Secretary of State or by any other person, under the Disabled Persons (Employment) Act 1944 or in accordance with arrangements made under section 2 of the Employment and Training Act 1973 to assist disabled persons to obtain or retain employment despite their disability.]E+W+S

Textual Amendments

[F37252.  Any council tax benefit.]E+W+S

Textual Amendments

[F37353.  Where the claimant is in receipt of any benefit under Parts II, III or V of the Contributions and Benefits Act [F374or pension under the Naval Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983], any increase in the rate of that benefit arising under Part IV (increases for dependants) or section 106(a) (unemployability supplement) of that Act [F375or the rate of that pension under that Order] where the dependant in respect of whom the increase is paid is not a member of the claimant’s family.]E+W+S

Textual Amendments

F373Sch. 9 para. 53 added (with effect in accordance with reg. 1(3) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1994 (S.I. 1994/527), regs. 1(1)(b), 9(5)

F375Words in Sch. 9 para. 53 inserted (with effect in accordance with reg. 1(4) of the amending S.I.) by The Income-related Benefits Schemes and Social Security (Claims and Payments) (Miscellaneous Amendments) Regulations 1995 (S.I. 1995/2303), regs. 1(1)(a), 6(9)(c)(ii) (with reg. 8)

[F37654.  Any supplementary pension under article 29(1A) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (pensions to widows).E+W+S

Textual Amendments

F376Sch. 9 paras. 54-56 added (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No.5) Regulations 1994 (S.I. 1994/2139), regs. 1(1)(a), 32(3)

55.  In the case of a pension awarded at the supplementary rate under article 27(3) of the Personal Injuries (Civilians) Scheme 1983 (pensions to widows), the sum specified in paragraph 1(c) of Schedule 4 to that Scheme.E+W+S

Textual Amendments

F376Sch. 9 paras. 54-56 added (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No.5) Regulations 1994 (S.I. 1994/2139), regs. 1(1)(a), 32(3)

56.—(1) Any payment which is—E+W+S

(a)made under any of the Dispensing Instruments to a widow of a person—

(i)whose death was attributable to service in a capacity analogous to service as a member of the armed forces of the Crown; and

(ii)whose service in such capacity terminated before 31st March 1973; and

(b)equal to the amount specified in article 29(1A) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (pensions to widows).

(2) In this paragraph “the Dispensing Instruments” means the Order in Council of 19th December 1881, the Royal Warrant of 27th October 1884 and the Order by His Majesty of 14th January 1992 (exceptional grants of pay, non-effective pay and allowances).]

Textual Amendments

F376Sch. 9 paras. 54-56 added (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No.5) Regulations 1994 (S.I. 1994/2139), regs. 1(1)(a), 32(3)

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

I100Sch. 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 [F377as 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

I101Sch. 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

I102Sch. 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 [F378a single claimant or any member of] the family [F379as his home] where that person is aged 60 or over or is incapacitated;

(b)the former partner of a claimant F380... 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

F380Words 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

I103Sch. 10 para. 4 in force at 11.4.1988, see reg. 1

[F3815.  Any future interest in property of any kind, other than land or premises in respect of which the claimant has granted in subsisting lease or tenancy, including sub-leases or sub-tenancies,]E+W+S

Textual Amendments

6.—(1) 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

[F382(2) The assets of any business owned in whole or in part by the claimant where–

(a)he is not engaged as a self-employed earner in that business by reason of some disease or bodily or mental disablement; but

(b)he intends to become engaged (or, as the case may be, re-engaged) as a self-employed earner in that business as soon as he recovers or is able to become engaged, or re-engaged, in that business;

for a period of 26 weeks from the date on which the claim for income support is made, or is treated as made, or, if it is unreasonable to expect him to become engaged or re-engaged in that business within that period, for such longer period as is reasonable in the circumstances to enable him to become so engaged or re-engaged.]

Textual Amendments

Commencement Information

I104Sch. 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, [F383 8, 9 or 9A] 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 F384 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

I105Sch. 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

I106Sch. 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 F385 or section 338(1) of the Housing (Scotland) Act 1987 F386 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

I107Sch. 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

I108Sch. 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

I109Sch. 10 para. 11 in force at 11.4.1988, see reg. 1

[F38712.  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.]E+W+S

Textual Amendments

Commencement Information

I110Sch. 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

I111Sch. 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

I112Sch. 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

I113Sch. 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

I114Sch. 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 [F388or 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)], [F389any payment made by a local authority [F390in accordance with section 17 or 24 of the Children Act 1989] 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

F390Words in Sch. 10 para. 17 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) Amendment Regulations 1992 (S.I. 1992/468), reg. 1(1), Sch. para 10

Commencement Information

I115Sch. 10 para. 17 in force at 11.4.1988, see reg. 1

[F39118.  Any social fund payment made pursuant to Part III of the Act.]E+W+S

Textual Amendments

Commencement Information

I116Sch. 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 F392 (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

I117Sch. 10 para. 19 in force at 11.4.1988, see reg. 1

20.  Any capital which under [F393regulation 41, 44(1) or 66A (capital treated as income, modifications in respect of children and young persons or treatment of student loans)] is to be treated as income.E+W+S

Textual Amendments

Commencement Information

I118Sch. 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

I119Sch. 10 para. 21 in force at 11.4.1988, see reg. 1

[F39422.—(1) Any payment made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust (“the Trusts"), [F395the Fund[F396, the Eileen Trust]] or [F397the Independent Living Funds].E+W+S

(2) Any payment by or on behalf of a person who is suffering or who suffered from haemophilia [F395or who is or was a qualifying person], which derives from a payment made under any of the Trusts to which sub-paragraph (1) refers and which is made to or for the benefit of—

(a)that person’s partner or former partner from whom he is not, or where that person has died was not, estranged or divorced;

(b)any child who is a member of that person’s family or who was such a member and who is a member of the claimant’s family; or

(c)any young person who is a member of that person’s family or who was such a member and who is a member of the claimant’s family.

(3) Any payment by or on behalf of the partner or former partner of a person who is suffering or who suffered from haemophilia [F398or who is or was a qualifying person] provided that the partner or former partner and that person are not, or if either of them has died were not, estranged or divorced, which derives from a payment made under any of the Trusts to which sub-paragraph (1) refers and which is made to or for the benefit of—

(a)the person who is suffering from haemophilia [F399or who is a qualifying person];

(b)any child who is a member of that person’s family or who was such a member and who is a member of the claimant’s family; or

(c)any young person who is a member of that person’s family or who was such a member and who is a member of the claimant’s family.

(4) Any payment by a person who is suffering from haemophilia [F400or who is a qualifying person], which derives from a payment under any of the Trusts to which sub-paragraph (1) refers, where—

(a)that person has no partner or former partner from whom he is not estranged or divorced, nor any child or young person who is or had been a member of that person’s family; and

(b)the payment is made either—

(i)to that person’s parent or step-parent, or

(ii)where that person at the date of the payment is a child, a young person or a student who has not completed his full-time education and has no parent or step-parent, to his guardian,

but only for a period from the date of the payment until the end of two years from that person’s death.

(5) Any payment out of the estate of a person who suffered from haemophilia [F400or who was a qualifying person], which derives from a payment under any of the Trusts to which sub-paragraph (1) refers, where—

(a)that person at the date of his death (the relevant date) had no partner or former partner from whom he was not estranged or divorced, nor any child or young person who was or had been a member of his family; and

(b)the payment is made either—

(i)to that person’s parent or step-parent, or

(ii)where that person at the relevant date was a child, a young person or a student who had not completed his full-time education and had no parent or step-parent, to his guardian,

but only for a period of two years from the relevant date.

(6) In the case of a person to whom or for whose benefit a payment referred to in this paragraph is made, any capital resource which derives from any payment of income or capital made under or deriving from any of the Trusts.]

[F401(7) For the purposes of sub-paragraphs (2) to (6), any reference to the Trusts shall be construed as including a reference to the Fund [F402and the Eileen Trust].]

Textual Amendments

[F40323.  The value of the right to receive an occupational [F404or personal] pension.]E+W+S

Textual Amendments

[F40523A.  The value of any funds held under a personal pension scheme or retirement annuity contract.]E+W+S

Textual Amendments

[F40324.  The value of the right to receive any rent [F406except where the claimant has a reversionary interest in the property in respect of which rent is due.]] E+W+S

Textual Amendments

[F40725.  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

[F40726.  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

[F40827.  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

[F40728.  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

[F40929.  Any payment in kind made by a charity [F410or under the Macfarlane (Special Payments) Trust][F411, the Macfarlane (Special Payments) (No. 2) Trust [F412the Fund or the Independent Living (1993) Fund.]]] E+W+S

Textual Amendments

[F40930.  [F413£200 of any payment, or, if the payment is less than £200, the whole of any payment] made under section 2 of the Employment and Training Act 1973 (functions of the Secretary of State) [F414or section 2 of the Enterprise and New Towns (Scotland) Act 1990] as a training bonus to a person participating in arrangements for training made under that section [F415of the 1973 Act].]

Textual Amendments

F413Words in Sch. 10 para. 30 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 4) Regulations 1993 (S.I. 1993/2119), regs. 1(1)(a), 24

[F40931.  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

[F41632.  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

[F41633.  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

[F41634.  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

F41735.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

[F41836.  Any payment in consequence of a reduction of a personal community charge pursuant to regulations under section 13A of the Local Government Finance Act 1988 or section 9A of the Abolition of Domestic Rates Etc (Scotland) Act 1987 (reduction of liability for personal community charge) [F419or reduction of council tax under section 13 or, as the case may be, section 80 of the Local Government Finance Act 1992 (reduction of liability for council tax),] but only for a period of 52 weeks from the date of the receipt of the payment.]E+W+S

Textual Amendments

F418Sch. 10 para. 36 added (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(a), 23(a)

[F42037.  Any grant made to the claimant in accordance with a scheme made under section 129 of the Housing Act 1988 or section 66 of the Housing (Scotland) Act 1988 (schemes for payments to assist local housing authority and local authority tenants to obtain other accommodation) which is to be used—E+W+S

(a)to purchase premises intended for occupation as his home; or

(b)to carry out repairs or alterations which are required to render premises fit for occupation as his home

for a period of 26 weeks from the date on which he received such a grant or such longer period as is reasonable in the circumstances to enable the purchase, repairs or alterations to be completed and the claimant to commence occupation of those premises as his home.]

Textual Amendments

F420Sch. 10 para. 37 added (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 23(b)

[F42138.—(1) Any payment or repayment made–E+W+S

(a)as respects England and Wales, under regulation 3, 5 or 8 of the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 (travelling expenses and health service supplies);

(b)as respects Scotland, under regulation 3, 5 or 8 of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 1988 (travelling expenses and health service supplies);

but only for a period of 52 weeks from the date of receipt of the payment or repayment.

(2) Any payment or repayment made by the Secretary of State for Health, the Secretary of State for Scotland or the Secretary of State for Wales which is analogous to a payment or repayment mentioned in sub-paragraph (1); but only for a period of 52 weeks from the date of receipt of the payment or repayment.]

Textual Amendments

[F42139.  Any payment made under regulation 9 to 11 or 13 of the Welfare Food Regulations 1988 (payments made in place of milk tokens or the supply of vitamins), but only for a period of 52 weeks from the date of receipt of the payment.]E+W+S

Textual Amendments

[F42140.  Any payment made either by the Secretary of State for the Home Department or by the Secretary of State for Scotland under a scheme established to assist relatives and other persons to visit persons in custody, but only for a period of 52 weeks from the date of receipt of the payment.]E+W+S

Textual Amendments

[F42141.  Any arrears of special war widows payment which is disregarded under paragraph 47 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) [F422or of any amount which is disregarded under paragraph 54, 55 or 56 of that Schedule], but only for a period of 52 weeks from the date of receipt of the arrears.]E+W+S

Textual Amendments

F422Words in Sch. 10 para. 41 inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No.5) Regulations 1994 (S.I. 1994/2139), regs. 1(1)(a), 33(a)

[F42342.  Any payment (other than a training allowance, or a training bonus under section 2 of the Employment and Training Act 1973) made, whether by the Secretary of State or by any other person, under the Disabled Persons (Employment) Act 1944 or in accordance with arrangements made under section 2 of the Employment and Training Act 1973 to assist disabled persons to obtain or retain employment despite their disability.]E+W+S

Textual Amendments

[F42343.  Any payment made by a local authority under section 3 of the Disabled Persons (Employment) Act 1958 to homeworkers assisted under the Blind Homeworkers' Scheme.]E+W+S

Textual Amendments

[F42444.  Any sum of capital administered on behalf of a person under the age of 18 by the High Court under the provisions of Order 80 of the Rules of the Supreme Court, the County Court under Order 10 of the County Court Rules 1981, or the Court of Protection, where such sum derives from—E+W+S

(a)an award of damages for a personal injury to that person; or

(b)compensation for the death of one or both parents.

Textual Amendments

F424Sch. 10 paras. 44, 45 added (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No.5) Regulations 1994 (S.I. 1994/2139), regs. 1(1)(a), 33(b)

45.  Any sum of capital administered on behalf of a person under the age of 18 in accordance with an order made under Rule 43.15 of the Act of Sederunt (Rules of the Court of Session 1994) 1994 or under Rule 131 of the Act of Sederunt (Rules of the Court, consolidation and amendment) 1965, or under Rule 36.14 of the Ordinary Cause Rules 1993 or under Rule 128 of the Ordinary Cause Rules, where such sum derives from—E+W+S

(a)an award of damages for a personal injury to that person; or

(b)compensation for the death of one or both parents.]

Textual Amendments

F424Sch. 10 paras. 44, 45 added (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No.5) Regulations 1994 (S.I. 1994/2139), regs. 1(1)(a), 33(b)

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