The Income Support (General) Amendment No. 3 Regulations 1989

Amendment of Schedule 7 to the General Regulations

11.  In Schedule 7 to the General Regulations (special cases)–

(a) in paragraph 9, in column 1, for the words from “where one of them is living in the home” to the end of that paragraph there shall be substituted the following

“where–

(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) (1), or

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

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

(b) the other member of the couple is–

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

(ii) a patient, or

(iii) in residential accommodation, or

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

(b) after paragraph 10C, there shall be inserted the following paragraph–

“Lone parents who are in residential care homes or nursing homes temp-orarily 10D.   A claimant who is a lone parent who is in a residential care home or nursing home temporarily.

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

(a) in respect of each child who is a member of his family, the appropriate amount in respect of him prescribed in paragraph 2(a) or (b) of Schedule 2 or under this Schedule as appropriate; and (b) any amount which would be applicable to the claimant, if he were not temporarily living away from the dwelling occupied as the home, under regulation 17(1)(c), (f) or (g), or (d) in so far as it relates to the lone parent premium under paragraph 8 of Schedule 2.”.

(c) after paragraph 13, there shall be inserted the following paragraph–

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

13A.   — (1) The aggregate of– (a) the weekly charge for the accommodation provided for him, or if he is a member of a family, for him and his family subject to the maximum determined in accordance with sub-paragraph (2); and (b) a weekly amount for personal expenses for him or, if he is a member of a family, for him and for each member of his family determined in accordance with sub-paragraph (3). (2) The maximum referred to in sub-paragraph (1)(a) shall be– (a) in the case of a single claimant, £140; (b) in the case of a claimant who is a member of a family the aggregate of the following amounts– (i) in respect of the claimant, £140; (ii) in respect of each member of his family who lives in the accommodation aged under 11, 1½ times the amount specified in paragraph 2(a) of Schedule 2; (iii) in respect of each member of his family aged not less than 11 who lives in the accommodation, £140; and (iv) where the claimant is a lone parent, in respect of each member of the family who does not live in the accommodation, the amount which would be applicable in respect of that member under Schedule 2. (3) The amount for personal ex-penses referred to in sub-paragraph (1)(b) shall be– (a) for the claimant, £13.25; (b) for his partner, £13.25; (c) for a young person aged 18, £11.95; (d) for a young person aged under 18 but over 16, £7.00; (e) for a child aged under 16 but over 11, £6.05; (f) for a child aged under 11, £4.10. (4) The maximum amount in respect of a member of a family aged under 11 calculated in the manner referred to in sub-paragraph (1)(b)(ii) shall be rounded to the nearest multiple of 5p by treating an odd amount of 2.5p or more as 5p and by disregarding an odd amount of less than 2.5p.”.

(1)

1984 c. 23.

(2)

1947 c. 19; amended by Schedule 4 of the Social Security Act 1980 (c. 30) and by S.I. 1951/174 and 1968/1699.