PART VII AMOUNTS

Special cases85

C11

F17In the case of a person to whom any paragraph in column (1) of Schedule 5 applies (applicable amounts in special cases) the amount included in the claimant’s weekly applicable amount in respect of him shall be the amount prescribed in the corresponding paragraph in column (2) of that Schedule F5but excluding an amount for a child or young person whose F1capital, if calculated in accordance with Part VIII in like manner as for the claimant, would exceed £3,000, but including an amount for a child or young person whose capital falls to be treated as income in accordance with regulation 106 (1) (modification in respect of children and young persons).

2

Except where the amount prescribed in Schedule 5 in respect of a person to whom paragraph (1) applies includes an amount applicable under regulation 83(e) or 84(1)(f) a person to whom paragraph (1) applies shall be treated as not falling within the conditions specified in paragraph 15 of Schedule 1 (severe disability premium).

F42A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F133

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

F14In this regulation and Schedule 5–

  • F3“partner of a person subject to immigration control" means a person–

    1. i

      who is not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act; or

    2. ii

      to whom section 115 of that Act does not apply by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000; and

    3. iii

      who is a member of a couple and F10the member's partner is subject to immigration control within the meaning of section 115(9) of that Act and section 115 of that Act applies to F11the partner for the purposes of exclusion from entitlement to jobseeker’s allowance;.

F15“person from abroad” has the meaning given in regulation 85A;

“patient" means a person (other than a prisoner) who is regarded as receiving free in-patient treatment within the meaning of F12regulation 2(4) and (5) of the Social Security (Hospital In-Patients) Regulations 2005;

“prisoner" means a person who—

a

is detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court; or

b

is on temporary release in accordance with the provisions of the Prison Act 1952 or the Prisons (Scotland) Act 1989,

other than a person F2who is detained in hospital under the provisions of the Mental Health Act 1983, or, in Scotland, under the provisions of the F6F7Mental Health (Scotland) Act 1984F7Mental Health (Care and Treatment) (Scotland) Act 2003F6Mental Health (Care and Treatment) (Scotland) Act 2003 or the Criminal Procedure (Scotland) Act 1995,

F8...

F164A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F164B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F95

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F96

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .