SCHEDULES

Regulation 86C

[F1SCHEDULE 5AAPPLICABLE AMOUNTS OF JOINT-CLAIM COUPLES IN SPECIAL CASES

Textual Amendments

F1Sch. 5A inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 57

Modifications etc. (not altering text)

C1Sch. 5A modified (8.4.2002 for specified purposes and with application in accordance with art. 1(2)(h)(5)) by The Social Security Benefits Up-rating Order 2002 (S.I. 2002/668), arts. 1(2)(h), 22(9), Sch. 14

C2Sch. 5A modified (7.4.2003 for specified purposes and with effect in accordance with art. 1(2)(i)) by The Social Security Benefits Up-rating Order 2003 (S.I. 2003/526), arts. 1(2)(i), 23(9), Sch. 14

Column (1)	Column (2)
Patients 1. [F2A] joint-claim couple where one member— (a)has been a patient for more than [F352] weeks; (b)is a member of a polygamous marriage and another member of that marriage who is not a joint-claimant has been a patient for more than [F352] weeks.	1.—(a) The applicable amount under regulation 86A reduced by [F4£15.50]; (b)The applicable amount under regulation 86B (polygamous marriages) reduced by [F4£15.50]; in respect of each member of the polygamous marriage who is a patient.
Joint-Claim Couple Without Accommodation 2. A joint-claim couple who are without accommodation.	2. The amount applicable to the couple under regulation 86A(a) (personal allowance) only.
Members of Religious Orders 3. A joint-claim couple who are both members of and fully maintained by a religious order.	3. Nil.
Specified Cases of Temporarily Separated Joint-Claim Couples 4. A joint-claim couple who are temporarily separated where— (a)one member is— (i)not a patient but is resident in a nursing home; (ii)resident in a residential care home; (iii)resident in premises used for the rehabilitation of alcoholics or drug addicts; (iv)resident in accommodation provided under section 3 of, and Part II of the Schedule to, the Polish Resettlement Act 1947 (provision of accommodation in camps); (v)participating in arrangements for training made under section 2 of the Employment and Training Act 1973, or section 2 of the Enterprise and New Towns (Scotland) Act 1990 or participating in an employment rehabilitation programme established under that section of the Act of 1973, where the course requires him to live away from the dwelling occupied as the home; or (vi)in a probation or bail hostel approved for the purpose by the Secretary of State, and (b)the other member is— (i)living in the dwelling occupied as the home; (ii)a patient; (iii)in residential accommodation; or (iv)resident in a residential care home or nursing home.	4. Either— (a)the amount applicable to the joint-claim couple under regulation 86A; or (b)the aggregate of the applicable amounts of both claimants assessed under the provisions of these Regulations as if each of them were a single claimant, whichever is the greater.
Polygamous Marriages where one or more members of the marriage are temporarily separated 5. A joint-claim couple where one member is a member of a polygamous marriage and is temporarily separated from a partner of his, where one of them is living in the home while the other member is— (a)not a patient but is resident in a nursing home; (b)resident in a residential care home; (c)resident in premises used for the rehabilitation of alcoholics or drug addicts; (d)attending a course of training or instruction provided or approved by the Secretary of State where the course requires him to live away from home; or (e)in a probation or bail hostel approved for the purpose by the Secretary of State.	5. Either— (a)the amount applicable to the joint-claim couple under regulation 86B; or (b)the aggregate of the amount applicable for the joint-claim couple in respect of the members of the polygamous marriage who remain in the home under regulation 86B and the amount applicable in respect of those members not in the home calculated as if each of them were a single claimant, whichever is the greater.
Joint-claim couples and members of polygamous marriages where one member is, or all are, temporarily in local authority accommodation 6. — (1) A joint-claim couple where one member is temporarily separated from the other member where one of them is living in the home while the other is in accommodation referred to in any of sub-paragraphs (a) to (d) (excluding heads (i) and (ii) of sub-paragraph (d)) of the definition of residential accommodation in regulation 85 (special cases). (2) A joint-claim couple where one member is a member of a polygamous marriage and is temporarily separated from a partner of his where one is, or some are, living in the home while one is, or some are, in accommodation referred to in sub-paragraph (1). (3) A joint-claim couple where both members or all the members of a polygamous marriage of which a member of the joint-claim couple is a member, are in accommodation referred to in sub-paragraph (1).	6. — (1) The aggregate of the amount applicable for the claimant who remains in the home calculated as if he were a single claimant under regulation 83[F5, 85 or 86] and in respect of the other joint-claimant [F4£77.45]; of which [F4£17.50]; is for personal expenses. (2) The aggregate of the amount applicable for the members of the polygamous marriage who remain in the home under regulation 86B, and in respect of each member not in the home, [F4£77.45]; of which [F4£17.50]; is for personal expenses. (3) For each member of that couple or marriage [F4£77.45]; of which [F4£17.50]; is for personal expenses plus, if appropriate, the amount applicable under regulation 84A(d) and 84B(e).
Joint-claim couples where one member is absent from the United Kingdom 7. A joint-claim couple where one member is temporarily absent from the United Kingdom— (a)in the circumstances prescribed in regulation 50(6B); (b)in any other circumstances.	7.—(a) The amount applicable to them as a couple under regulation 86AF6... for the relevant period prescribed in regulation 50(6B). (b)For the first four weeks of that absence, the amount applicable to them as a couple under regulation 86AF6... as the case may be and thereafter the amount applicable to the claimant in Great Britain under regulation 83F6... as the case may be as if that claimant were a single claimant.
Polygamous marriages where any member of the marriage is abroad 8. A joint-claim couple where one member is a member of a polygamous marriage and— (a)he, the other member or one of his partners is; (b)he, the other member and one or more of his partners are; or (c)the other member and one or more of his partners or two or more of his partners are, temporarily absent from the United Kingdom.	8. For the first four weeks of that absence, the amount applicable to the joint-claim couple under regulations 86B to [F786C], as the case may be, and thereafter, if the joint-claim couple are in Great Britain the amount applicable to them under regulations 86B to [F786C], as the case may be, as if any member of the polygamous marriage not in the United Kingdom were not a member of the marriage.
Members of joint-claim couples in residential accommodation F89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	F8. . .
Members of joint-claim couples temporarily absent from a hostel, residential care or nursing home F910. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	F9. . .
Members of joint-claim couples in residential care or nursing homes who become patients F911. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	F9. . .

Column (1)

Column (2)

Patients

1. [F2A] joint-claim couple where one member—

(a)has been a patient for more than [F352] weeks;

(b)is a member of a polygamous marriage and another member of that marriage who is not a joint-claimant has been a patient for more than [F352] weeks.

1.—(a) The applicable amount under regulation 86A reduced by [F4£15.50];

(b)The applicable amount under regulation 86B (polygamous marriages) reduced by [F4£15.50]; in respect of each member of the polygamous marriage who is a patient.

Joint-Claim Couple Without Accommodation

2. A joint-claim couple who are without accommodation.

2. The amount applicable to the couple under regulation 86A(a) (personal allowance) only.

Members of Religious Orders

3. A joint-claim couple who are both members of and fully maintained by a religious order.

3. Nil.

Specified Cases of Temporarily Separated Joint-Claim Couples

4. A joint-claim couple who are temporarily separated where—

(a)one member is—

(i)not a patient but is resident in a nursing home;

(ii)resident in a residential care home;

(iii)resident in premises used for the rehabilitation of alcoholics or drug addicts;

(iv)resident in accommodation provided under section 3 of, and Part II of the Schedule to, the Polish Resettlement Act 1947 (provision of accommodation in camps);

(v)participating in arrangements for training made under section 2 of the Employment and Training Act 1973, or section 2 of the Enterprise and New Towns (Scotland) Act 1990 or participating in an employment rehabilitation programme established under that section of the Act of 1973, where the course requires him to live away from the dwelling occupied as the home; or

(vi)in a probation or bail hostel approved for the purpose by the Secretary of State, and

(b)the other member is—

(i)living in the dwelling occupied as the home;

(ii)a patient;

(iii)in residential accommodation; or

(iv)resident in a residential care home or nursing home.

4. Either—

(a)the amount applicable to the joint-claim couple under regulation 86A; or

(b)the aggregate of the applicable amounts of both claimants assessed under the provisions of these Regulations as if each of them were a single claimant,

whichever is the greater.

Polygamous Marriages where one or more members of the marriage are temporarily separated

5. A joint-claim couple where one member is a member of a polygamous marriage and is temporarily separated from a partner of his, where one of them is living in the home while the other member is—

(a)not a patient but is resident in a nursing home;

(b)resident in a residential care home;

(c)resident in premises used for the rehabilitation of alcoholics or drug addicts;

(d)attending a course of training or instruction provided or approved by the Secretary of State where the course requires him to live away from home; or

(e)in a probation or bail hostel approved for the purpose by the Secretary of State.

5. Either—

(a)the amount applicable to the joint-claim couple under regulation 86B; or

(b)the aggregate of the amount applicable for the joint-claim couple in respect of the members of the polygamous marriage who remain in the home under regulation 86B and the amount applicable in respect of those members not in the home calculated as if each of them were a single claimant, whichever is the greater.

Joint-claim couples and members of polygamous marriages where one member is, or all are, temporarily in local authority accommodation

6. —

(1) A joint-claim couple where one member is temporarily separated from the other member where one of them is living in the home while the other is in accommodation referred to in any of sub-paragraphs (a) to (d) (excluding heads (i) and (ii) of sub-paragraph (d)) of the definition of residential accommodation in regulation 85 (special cases).

(2) A joint-claim couple where one member is a member of a polygamous marriage and is temporarily separated from a partner of his where one is, or some are, living in the home while one is, or some are, in accommodation referred to in sub-paragraph (1).

(3) A joint-claim couple where both members or all the members of a polygamous marriage of which a member of the joint-claim couple is a member, are in accommodation referred to in sub-paragraph (1).

6. —

(1) The aggregate of the amount applicable for the claimant who remains in the home calculated as if he were a single claimant under regulation 83[F5, 85 or 86] and in respect of the other joint-claimant [F4£77.45]; of which [F4£17.50]; is for personal expenses.

(2) The aggregate of the amount applicable for the members of the polygamous marriage who remain in the home under regulation 86B, and in respect of each member not in the home, [F4£77.45]; of which [F4£17.50]; is for personal expenses.

(3) For each member of that couple or marriage [F4£77.45]; of which [F4£17.50]; is for personal expenses plus, if appropriate, the amount applicable under regulation 84A(d) and 84B(e).

Joint-claim couples where one member is absent from the United Kingdom

7. A joint-claim couple where one member is temporarily absent from the United Kingdom—

(a)in the circumstances prescribed in regulation 50(6B);

(b)in any other circumstances.

7.—(a) The amount applicable to them as a couple under regulation 86AF6... for the relevant period prescribed in regulation 50(6B).

(b)For the first four weeks of that absence, the amount applicable to them as a couple under regulation 86AF6... as the case may be and thereafter the amount applicable to the claimant in Great Britain under regulation 83F6... as the case may be as if that claimant were a single claimant.

Polygamous marriages where any member of the marriage is abroad

8. A joint-claim couple where one member is a member of a polygamous marriage and—

(a)he, the other member or one of his partners is;

(b)he, the other member and one or more of his partners are; or

(c)the other member and one or more of his partners or two or more of his partners are,

temporarily absent from the United Kingdom.

8. For the first four weeks of that absence, the amount applicable to the joint-claim couple under regulations 86B to [F786C], as the case may be, and thereafter, if the joint-claim couple are in Great Britain the amount applicable to them under regulations 86B to [F786C], as the case may be, as if any member of the polygamous marriage not in the United Kingdom were not a member of the marriage.

Members of joint-claim couples in residential accommodation

F89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8. . .

Members of joint-claim couples temporarily absent from a hostel, residential care or nursing home

F910. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9. . .

Members of joint-claim couples in residential care or nursing homes who become patients

F911. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9. . .

Textual Amendments

F2Word in Sch. 5A para. 1 substituted (6.10.2003) by The Social Security (Removal of Residential Allowance and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1121), reg. 1, Sch. 2 para. 12(a)

F3Word in Sch. 5A para. 1 substituted (coming into force in accordance with reg. 1(f) of the amending S.I.) by The Social Security (Hospital In-Patients and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1195), regs. 1(f), 6(6)

F4Sums in Sch. 5A substituted (7.4.2003 for specified purposes and with effect in accordance with art. 1(2)(i)) by The Social Security Benefits Up-rating Order 2003 (S.I. 2003/526), arts. 1(2)(i), 23(9), Sch. 14

F5Words in Sch. 5A para. 6(1) substituted (7.4.2003) by The Social Security Benefit Up-rating Order 2003 (S.I. 2003/526), art. 23(9) Sch. 14

F6Words in Sch. 5A para. 7 omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), Sch. Pt. 2 para. 21(b)

F7Word in Sch. 5A para. 8 substituted (8.4.2002) by The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), Sch. Pt. 2 para. 21(c)

F8Sch. 5A para. 9 omitted (6.10.2003) by virtue of The Social Security (Removal of Residential Allowance and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1121), reg. 1, Sch. 2 para. 12(b)

F9Sch. 5A paras. 10, 11 omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), reg. 1, Sch. Pt. 2 para. 21(d)

Rounding of Fractions

12. Where any calculation under this Schedule or as a result of a joint-claim jobseeker’s allowance being awarded for a period of less than one complete benefit week results in a fraction of a penny, that fraction shall be treated as a penny.]