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The Social Security Benefits Up-rating Order 1991

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Article 3(2)

SCHEDULE 1SCHEDULE 4 TO THE 1975 ACT AS AMENDED BY THIS ORDER

SCHEDULE 4RATES OF BENEFITS, GRANTS AND INCREASES FOR DEPENDANTS

PART ICONTRIBUTORY PERIODICAL BENEFITS (SECTIONS 14-31)

Description of benefitWeekly rate

1.  Unemployment or sickness benefit (section 14).

(a)unemployment benefit ... ... ... ... £41.40

(b)sickness benefit ... ... ... ... £39.60

3.  Invalidity allowance (section 16).

(a)higher rate ... ... ... ... £11.10

(b)middle rate ... ... ... ... £6.90

(c)lower rate ... ... ... ... £3.45

(the appropriate rate being determined in accordance with section 16(2)(1)).

4.  Maternity allowance (section 22).

£40.60

9.  Category B retirement pension where section 29(7)(a)(i) applies(2).

£31.25

10.  Child’s special allowance (section 31).

£10.70

PART IA(3)WIDOW'S PAYMENT

Widow’s payment (section 24).£1000.00

PART IIINON-CONTRIBUTORY PERIODICAL BENEFITS (SECTIONS 34-40)

Description of benefitWeekly rate

1.  Attendance allowance (section 35).

(a)higher rate ... ... ... ... £41.65

(b)lower rate ... ... ... ... £27.80

(the appropriate rate being determined in accordance with section 35(3)(4)).

2.  Severe disablement allowance (section 36).

£31.25

2A.  Age related addition (section 36A)(5)).

(a)higher rate ... ... ... ... £11.10

(b)middle rate ... ... ... ... £6.90

(c)lower rate ... ... ... ... £3.45

(the appropriate rate being determined in accordance with section 36A(1)).

3.  Invalid care allowance (section 37).

£31.25

3A.  Mobility allowance (section 37A)(6)

£29.10

4.  Guardian’s allowance (section 38).

£10.70

5.  Category C retirement pension (section 39).

(a)lower rate ... ... ... ... £18.70

(b)higher rate ... ... ... ... £31.25

(the appropriate rate being determined in accordance with section 39(2)).

5A.  Category D retirement pension (section 39(7)).

The higher rate for Category C retirement pensions under paragraph 5 above.

6.  Age addition (to a pension of any category, and otherwise under section 40).

£0.25

PART IVINCREASES FOR DEPENDANTS (SECTIONS 41-49)

Benefit to which increase appliesIncrease for qualifying childIncrease for adult dependant
(1)(2)(3)
££

1.  Unemployment or sickness benefit—

(a)unemployment benefit, where the beneficiary is under pensionable age ... ... ... ...

25.55

(b)unemployment benefit, where the beneficiary is over pensionable age ... ... ... ...

10.7031.25

(c)sickness benefit, where the beneficiary is under pensionable age ... ... ... ...

24.50

(d)sickness benefit, where the beneficiary is over pensionable age ... ... ... ...

10.7029.95

2.  Invalidity pension ... ... ... ...

10.7031.25

3.  Maternity allowance ... ... ... ...

24.50

5.  Widowed mother’s allowance ... ... ... ...

10.70

6.  Category A or B retirement pension ... ... ... ...

10.7031.25

7.  Category C retirement pension ... ... ... ...

10.7018.70

8.  Child’s special allowance ... ... ... ...

10.70

9.  Severe disablement allowance ... ... ... ...

10.7018.70

10.  Invalid care allowance ... ... ... ...

10.7018.70

PART VRATE OR AMOUNT OF INDUSTRIAL INJURIES BENEFIT

Description of benefit, etc.Rate or amount

2.  Maximum disablement gratuity under section 57(5).

£5,640.00

3.  Disblement pension under section 57(6) (weekly rates).

For the several degrees of disablement set out in column (1) of the following Table, the respective amounts in that Table using—

(a)

column (2) for any period during which the beneficiary is over the age of 18 or is entitled to an increase of benefit in respect of a child or adult dependant;

(b)

column (3) for any period during which the beneficiary is not over the age of 18 and not so entitled:

TABLE
Degree of disablementAmount
(1)(2)(3)
Per cent.££
10084.9052.00
9076.4146.80
8067.9241.60
7059.4336.40
6050.9431.20
5042.4526.00
4033.9620.80
3025.4715.60
2016.9810.40

4.  Unemployability supplement under section 58 (increase of weekly rate of disablement pension).

£52.00

5.  Increase under section 59 of weekly rate of unemployability supplement (early onset of incapacity for work).

(a)if on the qualifying date the beneficiary was under the age of 35, or if that date fell before 5th July 1948 ... ... ... ...£11.10

(aa)if head (a) above does not apply and on the qualifying date the beneficiary was under the age of 40 and he had not attained pensionable age before 6th April 1979 ... ... ... ...£11.10

(b)if heads (a) and (aa) above do not apply and on the qualifying date the beneficiary was under the age of 45 ... ... ... ...£6.90

(bb)if heads (a), (aa) and (b) above do not apply and on the qualifying date the beneficiary was under the age of 50 and had not attained pensionable age before 6th April 1979 ... ... ... ...£6.90

(c)in any other case ... ... ... ...£3.45

7.  Maximum increase under section 61 of weekly rate of disablement pension where constant attendance needed.

(a)except in cases of exceptionally severe disablement ... ... ... ...£34.00

(b)in any case ... ... ... ...£68.00

8.  Increase under section 63 of weekly rate of disablement pension (exceptionally severe disablement).

£34.00

10.  Increase under section 64 of weekly rate of disablement pension (dependent children).

£10.70

12.  Increase under section 66(2) of weekly rate of disablement pension (adult dependant).

£31.25

13.  Widow’s pension under section 68 (weekly rates)—

(a)initial rate

£57.65(8)

(b)higher permanent rate

£52.00

(c)lower permanent rate

30 per cent. Of the higher of the sums specified in section 6(1)(a) of the Pensions Act.

14.  Widower’s pension under section 69 (weekly rate).

£52.00

15.  Weekly rate of allowance under section 70 in respect of children.

In respect of each qualifying child ... ... ... ...£10.70

16.  Maximum under section 91(1) of aggregate of weekly benefit payable for successive accidents.

(a)for any period during which the beneficiary is over the age of 18 or is entitled to an increase of benefit in respect of a child or adult dependant ... ... ... ...£84.90

(b)for any period during which the beneficiary is not over the age of 18 and not so entitled ... ... ... ...£52.00

Article 13

SCHEDULE 2SCHEDULE 4 TO THE FAMILY CREDIT REGULATIONS AS AMENDED BY THIS ORDER

SCHEDULE 4DETERMINATION OF MAXIMUM FAMILY CREDIT: ADULT, CHILD AND YOUNG PERSON CREDITS

(1)(2)
Adult, child, young personAmount of Credit

1.  Adult

£38.30

2.  Child

(a)aged less than 11 years;

(a)£9.70

(b)aged not less than 11 but less than 16 years.

(b)£16.10

3.  Young person—

(a)aged not less than 16 but less than 18 years;

(a)£20.05;

(b)aged not less than 18 but less than 19 years.

(b)£27.95

Article 14(3)

SCHEDULE 3PART I OF SCHEDULE 2 TO THE INCOME SUPPORT REGULATIONS AS AMENDED BY THIS ORDER

SCHEDULE 2APPLICABLE AMOUNTS

PART IPERSONAL 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(1) and 18(1) (applicable amounts and polygamous marriages).

(1)(2)
Person or CoupleAmount

(1) (9) Single claimant aged—

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

(1) (a) £23.65;

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

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

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

(b)£31.15;

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

(c)£31.15;

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

(d)£31.15;

(e)not less than 25.

(e)£39.65.

(2) (9)Lone parent aged—

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

(2) (a) £23.65;

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

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

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

(b)£31.15;

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

(c)£31.15;

(d)not less than 18.

(d)£39.65.

(3) Couple—

(a)(10) where both members are aged less than 18 and—

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

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

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

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

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

(3) (a) £47.30;

(aa)(11) where both members are aged less than 18 and sub-paragraph (3)(a) does not apply but one member of the couple 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 that member—

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

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

(3) (aa) £31.15;

(b)where both members are aged less than 18 and sub-paragraph (3)(a) or (aa) above does not apply but one member of the couple—

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

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

(b)£23.65

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

(c)£62.25;

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

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

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

£62.25

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

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

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

(e)£31.15

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

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

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

(f)£39.65

2.  The weekly amounts specified in column (2) below in respect of each person specified in column (1) shall be the weekly amounts specified for the purposes of regulations 17(1)(b) and 18(1)(c).

(1)(2)
Child or Young PersonAmount

Person aged—

(a)less than 11;

(a)£13.35;

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

(b)£19.75;

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

(c)£23.65

(d)not less than 18.

(d)£31.15

Article 14(5)

SCHEDULE 4PART IV OF SCHEDULE 2 TO THE INCOME SUPPORT REGULATIONS AS AMENDED BY THIS ORDER

PART IVWEEKLY AMOUNTS OF PREMIUMS SPECIFIED IN PART III

PremiumAmount

15.  

(1) Lone parent premium.

(1) £4.45

(2) (12) Pensioner premium for persons aged under 75—

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

(2) (a) £13.75;

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

(b)£20.90.

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

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

(2A) (a) £15.55;

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

(b)£23.35.

(3) Higher Pensioner Premium—

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

(3) (a) £18.45;

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

(b)£26.20.

(4) Disability Premium—

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

(4) (a) £16.65;

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

(b)£23.90.

(5) Severe Disability Premium—

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

(5) (a) £31.25;

(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)(13);

(b)(i)£31.25;

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

(ii)£62.50.

(6) Disabled Child Premium.

(6) £16.65 in respect of each child or young person in respect of whom the conditions specified in paragraph 14 are satisfied.

(7) Carer Premium(14)

(7) £10.80 in respect of each person who satisfied the condition specified in paragraph 14ZA.

Article 14(8) and (9)

SCHEDULE 5APPLICABLE AMOUNTS OF PERSONS IN RESIDENTIAL CARE AND NURSING HOMES

PART IPROVISIONS IN SCHEDULE 4 TO THE INCOME SUPPORT REGULATIONS AS AMENDED BY THIS ORDER

Residential care homes

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 £160.00 per week;

(b)past or present mental disorder but excluding mental handicap, the appropriate amount shall be £170.00 per week;

(c)past or present drug or alcohol dependence, the appropriate amount shall be £170.00 per week;

(d)mental handicap, the appropriate amount shall be £195.00 per week;

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

(i)in the case of a person to whom paragraph 8 applies, £230.00 per week, or

(ii)in any other case, £160.00 per week; or

(f)any condition not falling within sub-paragraphs (a) to (e) above, the appropriate amount shall be £160.00 per week.

Nursing homes

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 £255.00 per week;

(b)mental handicap, the appropriate amount shall be £260.00 per week;

(c)past or present drug or alcohol dependence, the appropriate amount shall be £255.00 per week;

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

(i)in the case of a person to whom paragraph 8 applies, £290.00 per week, or

(ii)in any other case, £255.00 per week;

(e)terminal illness, the appropriate amount shall be £275.00 per week; or

(f)any condition not falling within sub-paragraphs (a) to (e), the appropriate amount shall be £255.00 per week.

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 £23.00.

Personal allowances

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 £11.40, and if he has a partner, for his partner, £ 11.40;

(b)for a young person aged 18, £11.40;

(c)for a young person aged under 18 but over 16, £7.95;

(d)for a child aged under 16 but over 11, £6.85;

(e)for a child aged under 11, £4.65.

PART IIOTHER SUMS SPECIFIED IN SCHEDULE 4 TO THE INCOME SUPPORT REGULATIONS

Paragraph in Schedule 4Specified sum
2(2)(b)(i)) increases for mealsdaily£1.10
2(2)(b)(ii)) increases for mealsdaily£1.55
2(2)(b)(ii)) increases for mealsdaily£1.55
6(2)pension age and aboveweekly£185.00

Article 14(10) and (11)

SCHEDULE 6APPLICABLE AMOUNTS IN SPECIAL CASES

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

(1)(2)
Patients

1.  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) £ 13.00 plus any amount applicable under regulation 17(1)(e), (f) or (g);(15)

(b)alone parent;

(b)£13.00 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 £10.40;

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

(ii)£26.00 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 £10.40 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 £ 13.00 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(16) (persons unable to act); and

(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

2.—(a) Such amount (if any) not exceeding £10.40 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;

(b)those conditions are not satisfied.

(b)£10.40.

2A.  (17) A single claimant who is detained under the provisions of the Mental Health Act 1983(18) or the Mental Health (Scotland) Act 1984(19) and who immediately before his detention under either of those Acts was a prisoner.

2A.  £10.40.

3.  (20) 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 £10.40 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 £10.40 instead of an amount determined in accordance with paragraph 2 of Schedule 2.

Single claimants temporarily in local authority accommodation

1OA.  (21) Except where paragraph 1OB(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).

1OA.  £52.00 of which £41.60 is in respect of the cost of the accommodation and £10.40 for personal expenses plus any amounts applicable under regulation 17(1)(e), (f) or (g).

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

1OB.  —

(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).

1OB.  —

(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 £52.00 of which £41.60 is in respect of the cost of the accommodation and£10.40 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 £52.00 of which £41.60 is in respect of the accommodation and £10.40 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 £52.00 of which £41.60 is in respect of the accommodation and £10.40 for personal expenses plus, if appropriate, the amount applicable under regulation 17(1)(e), (f) or (g) or 18(1)(f), (g) or (h).

(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) £52.00 of which £41.60 is in respect of the accommodation and £10.40 for personal expenses.

Lone parents who are in residential accommodation temporarily

1OC.  (22) A claimant who is a lone parent who has entered residential accommodation temporarily.

1OC.  £52.00 of which £41.60 is in respect of accommodation and £10.40 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.

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

(a)a single claimant;

(a)£52.00 of which £41.60 is in respect of the cost of the residential accommodation and £10.40 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) Any amount applicable under regulation 17(1)(f) or (g), plus £10.40.

Polish Resettlement

13A.  (24) 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, £160.00;

(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, £160.00;

(ii)in respect of each member of his family who lives in the accommodation aged under 11, 1 ½ 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, £160,00; 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, £15.10;

(b)for his partner, £ 15.10;

(c)for a young person aged 18, £13.55;

(d)for a young person aged under 18 but over 16, £7.95;

(e)for a child aged under 16 but over 11, £6.85;

(f)for a child aged under 11, £4.65.

(4) The maximum amount in respect of at 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.  (25) 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)£13.00, 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 £13.00;

  • where all the children or young persons are absent from the accommodation, £13.00 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 £10.40;

(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 £13.00;

  • 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 £13.00;

  • 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 £10.40;

(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 £13.00 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 chargecontinued 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 £13.00;

  • 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 £10.40;

(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 £10.40 in respect of that child or young person.

PART IIOTHER SUMS SPECIFIED lN SCHEDULE 7 TO THE INCOME SUPPORT REGULATIONS

Paragraph in Column (2) of Schedule 7Specified Sum

7.  (members of Religious Orders)

Nil

8.  (prisoners)

Nil

16.  (26) (persons temporarily absent from a residential care or nursing home)

80 per cent.

17.  (persons from abroad)

Nil

Article 14(12)

SCHEDULE 7OTHER APPLICABLE AMOUNTS SPECIFIED IN THE INCOME SUPPORT REGULATIONS

Provisions in Income Support RegulationsSpecified Sum
Regulation 22(1)Weekly applicable amount to be reduced by a sum equivalent to 40 per cent. of the relevant amount.
Regulation 22(2)(a)£200.
Regulation 22(2)Weekly applicable amount to be reduced by a sum equivalent to 20 per cent. of the relevant amount.
Regulation 71(1)(a)(i)90 per cent. of the amount applicable or, as the case may be, of the reduced applicable amount.
Regulation 71(1)(b)(i)90 per cent. of the amount of the allowance for personal expenses or, as the case may be, of the reduced amount.
Regulation 71(1)(c)(i)90 per cent. of the amount in respect of personal expenses.
Regulation 71(1)(c)(iii)80 per cent. of the applicable amount in special cases.
Regulation 71(1)(d)(27)90 per cent. of the applicable amount.
Schedule 3, paragraph 7(1) (a) and (b)(i) and (2)100 per cent. of the eligible interest.
Schedule 3, paragraph 7(1) (b)(ii), (2)(a), and (6)50 per cent. of the eligible interest.
Schedule 3, paragraph 7(4)(28)

The weekly amount of the eligible interest is the amount calculated by the formula

Article 17(8)

SCHEDULE 8PART I OF SCHEDULE 2 TO THE HOUSING BENEFIT REGULATIONS AMENDED BY THIS ORDER

SCHEDULE 2APPLICABLE AMOUNTS

PART IPERSONAL ALLOWANCES

1.  The amounts specified in column (2) below in respect of each person or couple specified in column (1) shall be the amounts specified for the purposes of regulations 16(a) and 17(a) and (b)—

(1)(2)
Person or CoupleAmount

(1) (29) Single claimant aged—

(b)less than 25;

(1) (b) £31.15;

(c)not less than 25.

(c)£39.65.

(2) Lone parent aged—

(a)less than 18;

(2) (a) £31.15;

(b)not less than 18.

(b)£39.65.

(3) Couple—

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

(3) (a) £47.30;

(b)where at least one member is aged not less than 18.

(b)£62.25.

2.  The amounts specified in column (2) below in respect of each person specified in column (1) shall be the amounts specified for the purposes of regulations 16(b) and 17(c)—

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

(a)less than 11;

(a)£13.35;

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

(b)£19.75;

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

(c)£23.65;

(d)not less than 18.

(d)£31.15.

Article 17(10)

SCHEDULE 9PART IV OF SCHEDULE 2 TO THE HOUSING BENEFIT REGULATIONS AS AMENDED BY THIS ORDER

PART IVAMOUNTS OF PREMIUMS SPECIFIED IN PART III

PremiumAmount

15.  

(1) Lone Parent Premium

1.  £10.05.

(2) (30) Pensioner Premium for persons aged under 75 —

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

2.(a) £13.75;

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

(b)£20.90.

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

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

2A.(a) £15.55;

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

(b)£23.35.

(3) Higher Pensioner Premium—

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

3.(a) £18.45;

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

(b)£26.20.

(4) Disability Premium—

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

4.(a) £16.65;

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

(b)£23.90

(5) Severe Disability Premium—

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

5.(a) £31.25;

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

(i)in a case where there is someone in receipt of an invalid care allowance;

(b)(i)£31.25;

(ii)in a case where there is no-one in receipt of such an allowance.

(ii)£62.50.

(6) Disabled Child Premium.

6.  £16.65 in respect of each child or young person in respect of whom the condition specified in paragraph 14 of Part 111 of this Schedule is satisfied.

(7) Carer Premium(31).

7.  £10.80 in respect of each person who satisfies the condition specified in paragraph 14ZA.

Article 18(4)

SCHEDULE 10PART I OF SCHEDULE 1 TO THE COMMUNITY CHARGE BENEFITS REGULATIONS AS AMENDED BY THIS ORDER

SCHEDULE 1APPLICABLE AMOUNTS

PART IPERSONAL ALLOWANCES

1.  The amounts specified in column (2) below in respect of each person or couple specified in column (1) shall be the amounts specified for the purposes of regulations 7(a) and 8(a) and (b)—

(1)(2)
Person or CoupleAmount

(1) Single claimant aged—

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

(1) (a) £31.15

(b)not less than 25.

(b)£39.65

(2) Lone parent

(2) £39.65

(3) Couple

(3) £62.25

2.  The amounts specified in column (2) below in respect of each person specified in column (1) shall be the amounts specified for the purposes of regulations 7(b) and 8(c)—

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

(a)less than 11;

(a)£13.35

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

(b)£19.75

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

(c)£23.65

(d)not less than 18.

(d)£31.15

Article 18(6)

SCHEDULE 11PART IV OF SCHEDULE 1 TO THE COMMUNITY CHARGE BENEFITS REGULATIONS AS AMENDED BY THIS ORDER

SCHEDULE 1APPLICABLE AMOUNTS

PART IVAMOUNTS OF PREMIUMS SPECIFIED IN PART III

PremiumAmount

17.  

(1) Lone parent premium

(1) £10.05

(2) Pensioner Premium for persons under 75—

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

(2) (a) £13.75

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

(b)£20.90

(3) Pensioner Premium for persons 75 or over—

(a)where the claimant satisfies the condition in paragraph 1O(a);

(3) (a) £15.55

(b)where the claimant satisfies the condition in paragraph 1O(b).

(b)£23.35

(4) Higher Pensioner Premium—

(a)where the claimant satisfies the condition in paragraph 11(1)(a) or (b);

(4) (a) £ 18.45

(b)where the claimant satisfies the condition in paragraph 11 (2)(a) or (b).

(b)£26.20

(5) Disability Premium—

(a)where the claimant satisfies the condition in paragraph 12(a);

(5) (a) £ 16.65

(b)where the claimant satisfies the condition in paragraph 12(b).

(b)£23.90

(6) Severe Disability Premium—

(a)where the claimant satisfies the condition in paragraph 14(2)(a);

(6) (a) £31.25

(b)where the claimant satisfies the condition in paragraph 14(2)(b)—

(i)in a case where there is someone in receipt of an invalid care allowance;

(b)(i)£31.25

(ii)in a case where there is no-one in receipt of such an allowance.

(ii)£62.50

(7) Disabled Child Premium

(7) £16.65 in respect of each child or young person in respect of whom the condition specified in paragraph 15 of Part III of this Schedule is satisfied.

(8) Carer Premium(32)

(8) £10.80 in respect of each person who satisfies the condition specified in paragraph 15A.

(1)

Section 16(2) was amended by paragraph 10 of Schedule 1 to the Social Security Act 1979 (c. 18).

(2)

Paragraph 9 was substituted by the Social Security Pensions Act 1975 (c. 60), section 65(1), Schedule 4, paragraph 62.

(3)

Part 1A was inserted in Schedule 4 as from 11th April 1988 by section 36(2) of the Social Security Act l986(c.50).

(4)

Section 35(3) was amended by section 2(4) of the Social Security Act 1979.

(5)

Paragraph 2A was inserted by the Social Security Act 1990 (c. 27), section 2(2).

(6)

Paragraph 3A was inserted by the Social Security Pensions Act 1975 (c. 60), section 22(2).

(7)

Paragraph 5A was inserted by section 12(2) of the Social Security Act 1985 (c. 53).

(8)

Section 68 is repealed in relation to deaths occurring on or after 11th April 1988 (see the Social Security Act 1988 (c. 7), section 2, Schedule 1, paragraph 2); the initial rate relates only to the period of 26 weeks next following the date of the deceased’s death (section 68(1) of the Social Security Act 1975). The rate stated is therefore the rate applicable for the 26 weeks following 10th April 1988.

(9)

Sub-paragraphs (1) and (2) were substituted by S.I. 1989/1034, regulation 11 and amended by S.I. 1989/1678, regulation 6 and S.I. 1990/1168, regulation 2.

(10)

Amended by S.I. 1988/1228, regulation 9.

(11)

Head (aa) was inserted by S.I. 1989/1034, regulation ll(b) and amended by S.I. 1989/1678, regulation 6(c).

(12)

Sub-paragraphs (2) and (2A) were substituted by S.I. 1989/534, regulation 5(c).

(13)

Words added by regulation 29(e) of S.I. 1988/663.

(14)

Sub-paragraph (7) was introduced by S.I. 1990/1776, regulation 8(e).

(15)

Paragraph 1 of column (2) was amended by S.I. 1988/1445 regulation 23, and Schedule 1, paragraph 15(a), and S.I. 1990/547, regulation 21(a).

(16)

S.I. 1987/1968.

(17)

Paragraph 2A was inserted by S.I. 1990/547, regulation 21(b).

(20)

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

(21)

Paragraphs 10A and 1OB were inserted by S.I. 1988/663, regulation 33(b) and amended by S.I. 1988/2022, regulation 21(b), S.I. 1988/1445, regulation 23 and S.I. 1989/534, regulation 9.

(22)

Paragraph 1OC was inserted by S.I. 1988/2022, regulation 2l(c), and amended by S.I. 1990/547, regulation 2l(e).

(23)

Words substituted in column (2) of paragraph 13 by S.I. 1988/1445, regulation 23(d), and amended by S.I. 1990/547, regulation 21(k)(i).

(24)

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

(25)

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

(26)

Amended by S.I. 1989/534, Schedule 1, paragraph 13(f).

(27)

Inserted by S.I. 1988/633, regulation 25(b).

(28)

Paragraph 7(4) was substituted by S.I. 1990/1776.

(29)

Paragraph 1 was amended by S.I. 1989/1017, regulation 5.

(30)

Sub-paragraphs (2) and (2A) substituted by S.I. 1989/416, regulation 7(c) (corrected by correction slip issued July 1989).

(31)

Sub-paragraph (7) inserted by regulation 9(e) of S.I. 1990/1775.

(32)

Sub-paragraph (8) inserted by regulation 11(e) of S.I. 1990/1773.

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