The Social Security Benefits Up-rating Order 1990

Article 14(10) and (11)

SCHEDULE 6 APPLICABLE AMOUNTS IN SPECIAL CASES

PART I PROVISIONS IN SCHEDULE 7 TO THE INCOME SUPPORT REGULATIONS AS AMENDED BY THIS ORDER

(1)	(2)
Patients 1.  Subject to paragraphs 2, 3 and 18, a person who has been a patient for a period of more than six weeks and who is– (a) a single claimant;	1.—(a) £11.75, plus any amount applicable under regulation 17(1)(e), (f) or (g);(1)
(b) a lone parent;	(b) £11.75, 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 £9.40.
(ii) where both members of the couple have been a patient for that period;	(ii) £23.50, 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 £9.40 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 £11.75 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.
2.  A single claimant who has been a patient for a continuous period of more than 52 weeks, where– (a) the following conditions are satisfied– (i) a person has been appointed to act for him under regulation 33 of the Social Security (Claims and Payments) Regulations 1987(2) (persons unable to act); and	2.—(a) Such amount (if any) not exceeding £9.40 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) £9.40
3.  (3) Subject to paragraph 18– (a) a claimant who is not a patient and who is a member of a family of which another member is a child or young person who has been a patient for a period of more than 12 weeks; or	3.—(a) The amount applicable 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 £9.40 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 £9.40 instead of an amount determined in accordance with paragraph 2 of Schedule 2.
Single claimants temporarily in local authority accommodation 10A.  Except where paragraph 10B(4) applies, 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.  £46.90 of which £37.50 is in respect of the cost of the accommodation and £9.40 for personal expenses plus any amounts applicable under regulation 17(1)(e) or (f).
Couples and members of polygamous marriages where one member is or all are temporarily in local authority accommodation 10B.  — (1) A claimant who is a member of a couple and temporarily separated from his partner where one of them is living in the home while the other is in accommodation referred to in any of sub-paragraphs (a) to (d) (excluding heads and (ii) of sub-paragraph (d)) of the definition of residential accommodation in regulation 21(3) (special cases).	10B.  — (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, £46.90 of which £37.50 is in respect of the cost of the accommodation and £9.40 for personal expenses.
(2) A claimant who is a member of a polygamous marriage and who is temporarily separated from a partner of his where one is, or some are, living in the home while one is, or some are, in accommodation referred to in sub-paragraph (1).	(2) The aggregate of the amount applicable, for the members of the polygamous marriage who remain in the home, under regulation 18 and in respect of each member not in the home £46.90 of which £37.50 is in respect of the accommodation and £9.40 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 £46.90, of which £37.50 is in respect of the accommodation and £9.40 for personal expenses plus, if appropriate, the amount applicable under regulation 17(1)(e) or 18(1)(f).
(4) A claimant who is a member of a couple or of a polygamous marriage to whom regulation 16(1) (members of the household) does not apply by virtue of sub-paragraph (3)(c) of that regulation where the member is in accommodation referred to in sub-paragraph (1).	(4) £46.90 of which £37.50 is in respect of the accommodation and £9.40 for personal expenses.
Lone parents who are in residential accommodation temporarily 10C.  (4) A claimant who is a lone parent who has entered residential accommodation temporarily.	10C.  £46.90 of which £37.50 is in respect of accommodation and £9.40 for personal expenses plus a personal allowance in respect of each child for whom he is responsible calculated under regulation 17 or 21, as appropriate, plus any amount which is applicable in his case under regulation 17(1)(c), (e) or (f), or (d) in so far as it relates to lone parent premium under paragraph 8 of Schedule 2.
Persons in residential accommodation 13.  — (1) Subject to sub-paragraph (2), a person in or only temporarily absent from residential accommodation who is–	13.  — (1) (5) Any amount applicable under regulation 17(1)(f) or 18(1)(g), plus
(a) a single claimant;	(a) £46.90 of which £37.50 is in respect of the cost of the residential accommodation and £9.40 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) £9.40.
Polish Resettlement 13A.  (6) 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 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, £150.00; (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, £150.00; (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, £150.00; 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 expenses referred to in sub-paragraph (1)(b) shall be– (a) for the claimant, £13.95; (b) for his partner, £13.95; (c) for a young person aged 18, £12.55; (d) for a young person aged under 18 but over 16, £7.35; (e) for a child aged under 16 but over 11, £6.35; (f) for a child aged under 11, £4.30. (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.
Persons in residential care or nursing homes who become patients 18.  (7) 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) £11.75, 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 a 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 £11.75; where all the children or young persons are absent from the accommodation, £11.75 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 £9.40;
(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 £11.75; 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 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 £11.75; 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 £9.40;
(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 £11.75 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(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 £11.75; 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 £9.40;
(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 £9.40 in respect of that child or young person.

PART II OTHER SUMS SPECIFIED IN SCHEDULE 7 TO THE INCOME SUPPORT REGULATIONS

Paragraph in Column (2) of Schedule 7	Specified Sum
7  (members of Religious Orders)	Nil
8  (prisoners)	Nil
16  (persons temporarily absent from a residential care or a nursing home)	80 per cent.
17  (persons from abroad)	Nil

(1)

Paragraph 1 of column (2) was amended by S.I. 1988/1445, regulation 23, and Schedule 1, paragraph 15(a).

(2)

S.I. 1987/1968.

(3)

Paragraph 3 was amended by S.I. 1988/1445, regulation 23.

(4)

Paragraph 10C was inserted by S.I. 1988/2022, regulation 21(c).

(5)

Words substituted in column (2) of paragraph 13 by S.I. 1988/1445, regulation 23(d).

(6)

Paragraph 13A was inserted by S.I. 1989/1678, regulation 11(c).

(7)

Paragraph 18 was amended by S.I. 1988/663, regulation 33(d), 1988/1445, regulation 23 and Schedule 1, paragraph 1, and S.I. 1989/534, Schedule 1, paragraph 13(h) and (i).