PART VII AMOUNTS

Polygamous Marriages84.

(1)

Except in the case of a claimant to whom regulation 83, 85 or 86 (applicable amounts in special cases and for those in residential care and nursing homes) or Part X or paragraph (2) applies, where a claimant is a member of a polygamous marriage his weekly applicable amount shall be the aggregate of such of the following amounts as may apply in his case—

(a)

the highest amount applicable to him and one of his partners determined in accordance with sub-paragraph (3) of paragraph 1 of Schedule 1 as if he and that partner were a couple;

(b)

an amount equal to the difference between the amounts specified in F1sub-paragraphs (3)(e) and (1)(e) of paragraph 1 of Schedule 1 in respect of each of his other partners;

(c)

an amount determined in accordance with paragraph 2 of Schedule 1 (applicable amounts) in respect of any child or young person for whom he or a partner of his is responsible and who is a member of the same household except a child or young person whose capital, if calculated in accordance with Part VIII in like manner as for the claimant, would exceed £3,000, but including a child whose capital falls to be treated as income in accordance with regulation 106 (1) (modification in respect of children and young persons);

(d)

an amount, whether in respect of the claimant or any member of his household aged 16 or over, determined in accordance with paragraph 3 of Schedule 1 (residential allowance);

(e)

if he or another partner of the polygamous marriage is responsible for a child or young person who is a member of the same household, the amount specified in Part II of Schedule 1 (family premium);

(f)

the amount of any premiums which may be applicable to him determined in accordance with Parts III and IV of Schedule 1 (premiums); and

(g)

any amounts determined in accordance with Schedule 2 (housing costs) which may be applicable to him in respect of mortgage interest payments or such other housing costs as are prescribed in that Schedule.

(2)

In the case of a partner who is aged less than 18 the amount which applies in respect of that partner shall be Nil unless that partner—

(a)

is treated as responsible for a child; or

(b)

is a person who, had he not been a member of a polygamous marriage, would have qualified for a jobseeker’s allowance by virtue of section 3(1)(f)(ii) or section 3(1)(f)(iii) and the regulations made thereunder (jobseeker’s allowance for persons aged 16 or 17).