148.—(1) For the purposes of calculating any entitlement to an income-based jobseeker’s allowance under this Part—
(a)except in a case to which sub-paragraph (b), (c) or (d) applies, a claimant’s weekly applicable amount shall be the aggregate of—
(i)90 per cent. of the amount applicable (reduced where appropriate in accordance with regulation 145 (applicable amount in hardship cases)) in respect of himself or, if he is a member of a couple or of a polygamous marriage, of the amount applicable in respect of both of them under paragraph 1(1), (2) or (3) of Schedule 1 or, as the case may be, the amount applicable in respect of them under regulation 84 (polygamous marriages);
(ii)the amount applicable under paragraph 2 of Schedule 1 in respect of any child or young person who is a member of his family except a child or young person whose capital, if calculated in accordance with Part VIII in like manner as for the claimant, except as provided in regulation 106(1) (modifications in respect of children and young persons), would exceed £3,000;
(iii)the amount, if applicable, specified in Part II or III of Schedule 1 (premiums);
(iv)any amounts applicable under regulation 83(f) or, as the case may be, 84(1)(g) (housing costs);
(v)the amount, if applicable, specified in paragraph 3 of Schedule 1; and
(vi)the amount of any protected sum which may be applicable to him in accordance with regulation 87(2);
(b)where the claimant is a resident in a residential care home or a nursing home and has a preserved right, his weekly applicable amount shall be the aggregate of—
(i)90 per cent. of the amount of the allowance for personal expenses prescribed in paragraph 11(a) of Schedule 4 (applicable amounts of persons in residential care and nursing homes), or, if he is a member of a couple or of a polygamous marriage, of the amount applicable in respect of both or all of them; and where regulation 145 (applicable amount in hardship cases) applies, the reference in this head to 90 per cent. of the amount so reduced shall be construed as a reference to 90 per cent. of the relevant amount under that regulation reduced by the percentage specified in paragraph (1) or (2), as the case may be, of that regulation;
(ii)the amount applicable under paragraph 11(b) to (e) of Schedule 4 in respect of any child or young person who is a member of his family except a child or young person whose capital, if calculated in accordance with Part VIII in like manner as for the claimant, except as provided in regulation 106(1) (modifications in respect of children and young persons), would exceed £3,000;
(iii)the amount in respect of the weekly charge for his accommodation calculated in accordance with regulation 86 and Schedule 4 except any amount in respect of a child or young person who is a member of the family and whose capital, if calculated in accordance with Part VIII in like manner as for the claimant, except as provided in regulation 106(1) (modifications in respect of children and young persons), would exceed £3,000;
(c)where the claimant is resident in residential accommodation, his weekly applicable amount shall be the aggregate of—
(i)98 per cent. of the amount referred to in column (2) of paragraph 15(1)(a) to (c) and (e) of Schedule 5 (applicable amounts in special cases) applicable to him;
(ii)the amount applicable under column (2) of paragraph 15(1)(d) of Schedule 5, in respect of any child or young person who is a member of the family, except a child or young person whose capital, if calculated in accordance with Part VIII in like manner as for the claimant, except as provided in regulation 106(1) (modifications in respect of children and young persons), would exceed £3,000;
(d)except where sub-paragraph (b) or (c) applies, in the case of a person to whom any paragraph, other than [F1paragraph 13A] in column (1) of Schedule 5 (special cases) applies, the amount shall be 90 per cent. of the amount applicable in column 2 of that Schedule in respect of the claimant and partner (if any), plus, if applicable—
(i)any amount in respect of a child or young person who is a member of the family except a child or young person whose capital, if calculated in accordance with Part VIII in like manner as for the claimant, except as provided in regulation 106(1) (modifications in respect of children and young persons), would exceed £3,000;
(ii)any premium under Part II or III of Schedule 1; and
(iii)any amounts applicable under regulation 83(f) or, as the case may be, 84(1)(g); and
(iv)the amount of the protected sum which may be applicable to him in accordance with regulation 87(2).
(2) Where the calculation of a claimant’s applicable amount under this regulation results in a fraction of a penny that fraction shall be treated as a penny.
Textual Amendments
F1Words in reg. 148(1)(d) substituted (3.4.2000) by The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (S.I. 2000/636), regs. 1(2), reg. 4(6)
Modifications etc. (not altering text)
C1Reg. 148 applied (temp. from 28.11.2000 until 27.11.2001) by The Social Security (New Deal Pilot) Regulations 2000 (S.I. 2000/3134), regs. 1(1)(b), 10(1) (with reg. 19)
C2Reg. 148(1)(a)(i) sum confirmed (with effect in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2000 (S.I. 2000/440), arts. 1(2)(i), 22(9), Sch. 15
C3Reg. 148(1)(a)(ii) sum confirmed (with effect in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2000 (S.I. 2000/440), arts. 1(2)(i), 22(2)
C4Reg. 148(1)(b)(i) sum confirmed (with effect in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2000 (S.I. 2000/440), arts. 1(2)(i), 22(9), Sch. 15
C5Reg. 148(1)(b)(ii)(iii) sums confirmed (with effect in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2000 (S.I. 2000/440), arts. 1(2)(i), 22(2)
C6Reg. 148(1)(b)(ii)(iii): sum specified (with effect in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2000 (S.I. 2000/440), arts. 1(2)(i), 22(2)
C7Reg. 148(1)(c)(i) sum confirmed (with effect in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2000 (S.I. 2000/440), arts. 1(2)(i), 22(9), Sch. 15
C8Reg. 148(1)(c)(ii) sum confirmed (with effect in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2000 (S.I. 2000/440), arts. 1(2)(i), 22(2)
C9Reg. 148(1)(d) sum confirmed (with effect in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2000 (S.I. 2000/440), arts. 1(2)(i), 22(9), Sch. 15
C10Reg. 148(1)(d)(i) sum confirmed (with effect in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2000 (S.I. 2000/440), arts. 1(2)(i), 22(2)