except in a case to which head (b) applies, F63£63.30; and

where the home in which the person resides is situated within the area described in Schedule 3 (the Greater London area), F63£70.45.

the person resides in a residential care home or a nursing home or is regarded pursuant to sub-paragraph (5) as residing in such a home;

the person both requires personal care F35by reason of old age, disablement, past or present dependence on alcohol or drugs, past or present mental disorder or a terminal illness and the care is provided in the home;

he does not have a preserved right;

he is aged 16 or over;

both the person’s accommodation and such meals (if any) as are provided for him are provided on a commercial basis; and

no part of the weekly charge for accommodation is met by housing benefit.

is registered under Part I of the Registered Homes Act 1984 F1 or is deemed to be so registered by virtue of section 2(3) of the Registered Homes (Amendment) Act 1991 F2 (registration of small homes where application for registration not determined);

is managed or provided by a body incorporated by Royal Charter or constituted by Act of Parliament (other than a social services authority) and provides both board and personal care for the claimant; or

is in Scotland and is registered under section 61 of the Social Work (Scotland) Act 1968 F3 or is an establishment provided by a housing association registered with Scottish Homes established by the Housing (Scotland) Act 1988 F4 which provides care equivalent to that given in residential accommodation provided under Part IV of the Social Work (Scotland) Act 1968;

if situate in England or Wales, is registered under Part II of the Registered Homes Act 1984, or

if situate in Scotland, is exempted from the operation of the Nursing Homes Registration (Scotland) Act 1938 by virtue of section 6 of that ActF5, and whose primary function is to provide palliative care for persons resident there who are suffering from a progressive disease in its final stages.

for the first three weeks of any other period of absence.

a person has been registered under the Registered Homes Act 1984 in respect of premises which have been carried on as a residential care home or, as the case may be, a nursing home, and that person has ceased to carry on such a home; and

an application for registration under that Act has been made by another person and that application has not been determined or abandoned,

was both a lone parent and entitled to an income-based jobseeker’s allowance on 5th April 1998; or

in a case to which sub-paragraph (2)(a) applies, 6th April 1998;

in a case to which sub-paragraph (2)(b) applies, the first day in respect of which sub-paragraph 2(b)(ii) applied.

a lone parent; or

entitled to an income-based jobseeker’s allowance; or

both a lone parent and entitled to an income-based jobseeker’s allowance,

a severe disability premium to which paragraph 15 applies;

an enhanced disability premium to which paragraph 15A applies;

a disabled child premium to which paragraph 16 applies; and

a carer premium in which paragraph 17 applies,

a pensioner premium under paragraph 10 or 11; or

a higher pensioner premium under paragraph 12.

in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations 1979 F6 applies, for any period during which, apart from the provisions of those Regulations, he would be in receipt of that benefit; and

for any period spent by a claimant in undertaking a course of training or instruction provided or approved by the Secretary of State for Education and Employment under section 2 of the Employment and Training Act 1973, or by Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990 or for any period during which he is in receipt of a training allowance.

had, as at 9th April 2001, attained the age of 55 but not the age of 60;

was in receipt of, but is no longer entitled to, a bereavement allowance under section 39B of the Benefits Act in respect of the death of a spouse who died on or after 9th April 2001; and

is claiming a jobseeker’s allowance as a single claimant.

once the higher pensioner premium is applicable to a claimant, if he then ceases, for a period of eight weeks or less, to be entitled to either income support or income based jobseeker’s allowance, F45or ceases to be treated as entitled to either of those benefits he shall, on becoming re-entitled to either of those benefits, thereafter be treated as having been continuously entitled thereto;

in so far as sub-paragraphs (1)(a)(ii) and (1)(c)(ii) are concerned, if a claimant ceases to be entitled to either income support or an income-based jobseeker’s allowance F45or ceases to be treated as entitled to either of those benefits for a period not exceeding eight weeks which includes his 60th birthday, he shall, on becoming re-entitled to either of those benefits, thereafter be treated as having been continuously entitled thereto.

income support because, as a consequence of his participation in that programme, he was engaged in remunerative work or had income in excess of the claimant’s applicable amount as prescribed in Part IV of the Income Support Regulations; or

a jobseeker’s allowance because, as a consequence of his participation in that programme, he was engaged in remunerative work or failed to satisfy the condition specified in section 2(1)(c) or in section 3(1)(a).

the claimant or, as the case may be, his partner, is in receipt of either F41Disabled Person's Tax Credit or mobility supplement;

the claimant’s partner is in receipt of severe disablement allowance;

the claimant or, as the case may be, his partner, is in receipt of attendance allowance or disability living allowance or is a person whose disability living allowance is payable, in whole or in part, to another in accordance with regulation 44 of the Claims and Payments Regulations (payment of disability living allowance on behalf of third party);

the claimant’s partner is in receipt of long-term incapacity benefit or is a person to whom section 30B(4) of the Benefits Act (long term rate of incapacity benefit payable to those who are terminally ill) applies F7;

the claimant or, as the case may be, his partner, has an invalid carriage or other vehicle provided to him by the Secretary of State under section 5(2)(a) of and Schedule 2 to the National Health Service Act 1977 F8 or under section 46 of the National Health Service (Scotland) Act 1978 F9 or provided by the Department of Health and Social Services for Northern Ireland under article 30(1) of the Health and Personal Social Services (Northern Ireland) Order 1972 F10, or receives payments by way of grant from the Secretary of State under paragraph 2 of Schedule 2 to the Act of 1977 (additional provisions as to vehicles) or, in Scotland, under section 46 of the Act of 1978;

the claimant or, as the case may be, his partner, is a person who is entitled to the mobility component of disability living allowance but to whom the component is not payable in accordance with regulation 42 of the Claims and Payments Regulations (cases where disability living allowance not payable);

the claimant or, as the case may be, his partner, is registered as blind in a register compiled by a local authority under section 29 of the National Assistance Act 1948 F12 (welfare services), or, in Scotland, has been certified as blind and in consequence is registered as blind in a register maintained by or on behalf of a regional or islands council.

he is in receipt of attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act; and

subject to sub-paragraph (4), there are no non-dependants aged 18 or over normally residing with him or with whom he is normally residing; and

no person is entitled to, and in receipt of, an invalid care allowance under section 70 of the Benefits Act in respect of caring for him;

the claimant is in receipt of attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act (the “qualifying benefit"); and

the partner is also in receipt of a qualifying benefit, or if he is a member of a polygamous marriage, all the partners of that marriage are in receipt of a qualifying benefit; and

subject to sub-paragraph (4), there is no non-dependant aged 18 or over normally residing with him or with whom he is normally residing; and

a person in receipt of attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act;

subject to sub-paragraph (6), a person who joins the claimant’s household for the first time in order to care for the claimant or his partner and immediately before so joining the claimant or his partner satisfied the condition in sub-paragraph (l) or, as the case may be, (2);

a person who is blind or treated as blind within the meaning of paragraph 14(l)(h) and (2).

F54as being in receipt of attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act if he would, but for his being a patient for a period exceeding 28 days, be so in receipt;

as being entitled to and in receipt of an invalid care allowance if he would, but for the person for whom he was caring being a patient in hospital for a period exceeding 28 days, be so entitled and in receipt.

the claimant; or

a member of the claimant’s family,

C3a child or young person whose capital, if calculated in accordance with Part VIII of these Regulations in like manner as for the claimant, except as provided in regulation 106(1), would exceed £3,000;

a member of a couple or a polygamous marriage where each member is a patient within the meaning of regulation 85(4) and has been for a period of more than six weeks.

either or both of them would be in receipt of such an allowance but for any provision of the Social Security (Overlapping Benefits) Regulations 1979 F14; and

the claim for that allowance was made on or after 1st October 1990; and

the person or persons in respect of whose care the allowance has been claimed remains or remain in receipt of attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act.

where sub-paragraph (2) applies, the person in respect of whose care the invalid care allowance has been claimed ceased to be in receipt of the allowances referred to in paragraph (c) of that sub-paragraph;

in any other case, that person ceased to be entitled to an invalid care allowance.

where sub-paragraph (2) applies, the person in respect of whose care the invalid care allowance has been claimed ceased to be in receipt of the allowances referred to in paragraph (c) of that sub-paragraph;

in any other case, that person was last entitled to an invalid care allowance.

a severe disability premium to which paragraph 20I applies;

an enhanced disability premium to which paragraph 20IA applies; and

a carer premium to which paragraph 20J applies,

a pensioner premium under paragraph 20E; or

a higher pensioner premium under paragraph 20F.

in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations 1979 applies, for any period during which, apart from the provisions of those Regulations, he would be in receipt of that benefit; and

for any period spent by a person in undertaking a course of training or instruction provided or approved by the Secretary of State under section 2 of the Employment and Training Act 1973, or by Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990, or for any period during which he is in receipt of a training allowance.

has attained the age of 60 but not the age of 80, and either the additional conditions specified in paragraph 20H are satisfied in respect of him; or

once the higher pensioner premium is applicable to a joint-claim couple, if that member then ceases, for a period of eight weeks or less, to be entitled or treated as entitled to either income support or income-based jobseeker’s allowance or that couple cease to be entitled to or treated as entitled to a joint-claim jobseeker’s allowance, he shall or, as the case may be, that couple shall, on becoming re-entitled to any of those benefits, thereafter be treated as having been continuously entitled thereto;

in so far as sub-paragraph (1)(b)(i) or (ii) is concerned, if a member of a joint-claim couple ceases to be entitled or treated as entitled to either income support or an income-based jobseeker’s allowance or that couple cease to be entitled to or treated as entitled to a joint-claim jobseeker’s allowance for a period not exceeding eight weeks which includes the 60th birthday of either member of that couple, he shall or, as the case may be, the couple shall, on becoming re-entitled to either of those benefits, thereafter be treated as having been continously entitled thereto.

income support because, as a consequence of his participation in that scheme, he was engaged in remunerative work or had income in excess of the claimant’s applicable amount as prescribed in Part IV of the Income Support Regulations; or

a jobseeker’s allowance because, as a consequence of his participation in that scheme, he was engaged in remunerative work or failed to satisfy the condition specified in section 2(1)(c) or the couple of which he was a member failed to satisfy the condition in section 3A(1)(a).

is in receipt of either disabled person’s tax credit or mobility supplement;

is in receipt of severe disablement allowance;

is in receipt of attendance allowance or disability living allowance or is a person whose disability living allowance is payable, in whole or in part, to another in accordance with regulation 44 of the Claims and Payments Regulations (payment of disability living allowance on behalf of third party);

is in receipt of long-term incapacity benefit or is a person to whom section 30B(4) of the Benefits Act (long-term rate of incapacity benefit payable to those who are terminally ill) applies;

has an invalid carriage or other vehicle provided to him by the Secretary of State under section 5(2)(a) of, and Schedule 2 to, the National Health Service Act 1977 or under section 46 of the National Health Service (Scotland) Act 1978 or provided by the Department of Health and Social Services for Northern Ireland under article 30(1) of the Health and Personal Social Services (Northern Ireland) Order 1972, or receives payments by way of grant from the Secretary of State under paragraph 2 of Schedule 2 to the Act of 1977 (additional provisions as to vehicles) or, in Scotland, under section 46 of the Act of 1978;

is a person who is entitled to the mobility component of disability living allowance but to whom the component is not payable in accordance with regulation 42 of the Claims and Payments Regulations (cases where disability living allowance not payable);

is registered as blind in a register compiled by a local authority under section 29 of the National Assistance Act 1948 (welfare services), or, in Scotland, has been certified as blind and in consequence is registered as blind in a register maintained by or on behalf of a regional or islands council.

a member of a joint-claim couple is in receipt of attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act (“the qualifying benefits”); and

the other member is also in receipt of such an allowance, or if he is a member of a polygamous marriage, all the partners of that marriage are in receipt of a qualifying benefit; and

subject to sub-paragraph (3), there is no non-dependant aged 18 or over normally residing with the joint-claim couple or with whom they are normally residing; and

a person in receipt of attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act;

subject to sub-paragraph (5), a person who joins the joint-claim couple’s household for the first time in order to care for a member of a joint claim couple and immediately before so joining, that member satisfied the condition in sub-paragraph (1);

a person who is blind or treated as blind within the meaning of paragraph 20H(1)(i) and (2).

as being in receipt of attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act if he would, but for his being a patient for a period exceeding 28 days, be so in receipt;

as being entitled to and in receipt of an invalid care allowance if he would, but for the person for whom he was caring being a patient in hospital for a period exceeding 28 days, be so entitled and in receipt.

they would be in receipt of such an allowance but for any provision of the Social Security (Overlapping Benefits) Regulations 1979; and

the claim for that allowance was made on or after 1st October 1990; and

the person or persons in respect of whose care the allowance has been claimed remains or remain in receipt of attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act.

where sub-paragraph (2) applies, the person in respect of whose care the invalid care allowance has been claimed ceased to be in receipt of the allowances referred to in head (c) of that sub-paragraph;

in any other case, that member ceased to be entitled to an invalid care allowance.

where sub-paragraph (2) applies, the person in respect of whose care the invalid care allowance has been claimed ceased to be in receipt of the allowances referred to in head (c) of that sub-paragraph;

in any other case, that member was last entitled to an invalid care allowance.