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PART VII AMOUNTS

Special cases

85.—(1) [F1In] 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 [F2but excluding an amount for a child or young person whose [F3capital, 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).

F4(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) [F6In this regulation] and Schedule 5–

[F7“partner of a person subject to immigration control" means a person–

(i)

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

(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

(iii)

who is a member of a couple and [F8the 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 [F9the partner] for the purposes of exclusion from entitlement to jobseeker’s allowance;.]

[F10“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 [F11regulation 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 [F12who is detained in hospital under the provisions of the Mental Health Act 1983, or, in Scotland, under the provisions of the [F13[F14Mental Health (Scotland) Act 1984] [F14Mental Health (Care and Treatment) (Scotland) Act 2003]] [F13Mental Health (Care and Treatment) (Scotland) Act 2003] or the Criminal Procedure (Scotland) Act 1995,]

F15...

F16(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2Words in reg. 85(1) omitted (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) of the amending S.I.) by virtue of The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 2 para. 4(a)

F5Reg. 85(3) omitted (for specified purposes and with effect in accordance with reg. 1(d) of the amending S.I.) by virtue of The Social Security (Hospital In-Patients) Regulations 2005 (S.I. 2005/3360), reg. 6(2)(a)

F11Words in reg. 85(4) substituted (for specified purposes and with effect in accordance with reg. 1(d) of the amending S.I.) by The Social Security (Hospital In-Patients) Regulations 2005 (S.I. 2005/3360), reg. 6(2)(b)

F12Words in reg. 85(4) substituted (coming into force in accordance with reg. 1(2)(3)(4)(5)(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/563), regs. 1, 8(1)(2)(d)

Modifications etc. (not altering text)

C1Reg. 85(1) sum confirmed (for specified purposes and with effect in accordance with art. 1(2)(k)(ii) of the amending S.I.) by The Social Security Benefits Up-rating Order 2008 (S.I. 2008/632), arts. 1(2)(k)(ii), 24(2)(a)