The Social Security Benefits Up-rating Order 2002

Article 16(7)

SCHEDULE 4 INCOME SUPPORT: APPLICABLE AMOUNTS IN SPECIAL CASES

PART I PROVISIONS IN SCHEDULE 7 TO THE INCOME SUPPORT REGULATIONS AS AMENDED BY THIS ORDER

(1)	(2)
Patients 1.  Subject to paragraphs 2, 2A, 3 and 18, a person who has been a patient for a period of more than six weeks and who is— (a) a single claimant;	1.—(a) £18.90 plus any amount applicable under regulation 17(1)(e), (f) or (g);
(b) a lone parent;	(b) £18.90 plus any amounts applicable to him under regulation 17(1)(b), (c), (e), (f) or (g) or under regulation 17(1)(d) because of paragraph 14 of Schedule 2 (applicable amounts);
(c) a member of a couple— (i) where only one of the couple is a patient or, where both members of the couple are patients but only one has been a patient for that period;	(c) (i) the amount applicable in respect of both of them under regulation 17(1) reduced by £15.10;
(ii) where both members of the couple have been a patient for that period;	(ii) £37.80 plus any amounts which may be applicable under regulation 17(1)(b), (c), (e), (f) or (g) or under regulation 17(1)(d) because of paragraph 14 of Schedule 2;
(d) a member of a polygamous marriage— (i) where at least one member of the polygamous marriage is not a patient or has not been a patient for more than that period;	(d) (i) the applicable amount under regulation 18 (polygamous marriages) shall be reduced by £15.10 in respect of each such member who is a patient;
(ii) where all the members of the polygamous marriage have been patients for more than that period.	(ii) the applicable amount shall be £18.90 in respect of each member plus any amounts applicable under regulation 18(1)(c), (d), (f), (g) or (h) or (e) because of his satisfying the condition specified in paragraph 14 of Schedule 2.
2.  A single claimant who has been a patient for a continuous period of more than 52 weeks, where— (a) the following conditions are satisfied— (i) a person has been appointed to act for him under regulation 33 of the Social Security (Claims and Payments) Regulations 1987(1) (persons unable to act); and (ii) his income support is payable to an administrative officer of the hospital or other institution either as or at the request of the person so appointed; and (iii) a registered medical practitioner treating him certifies that all or part of his income support cannot be used by him or on his behalf; or	2.—(a) Such amount (if any) not exceeding £15.10 as is reasonable having regard to the views of the hospital staff and the patient’s relatives if available as to the amount necessary for his personal use;
(b) those conditions are not satisfied.	(b) £15.10.
2A.  A single claimant who is detained under the provisions of the Mental Health Act 1983(2) or, in Scotland, under the provisions of the Mental Health (Scotland) Act 1984(3) or the Criminal Procedure (Scotland) Act 1995(4) and who immediately before his detention under any of those Acts was a prisoner.	2A.  £15.10.
3.  Subject to paragraph 18— (a) a claimant who is not a patient and who is a member of a family of which another member is a child or young person who has been a patient for a period of more than 12 weeks; or	3.—(a) The amount applicable to him under regulation 17(1) or 18 except that the amount applicable under regulation 17(1)(b) or 18(1)(c) in respect of the child or young person referred to in Column (1) of this paragraph shall be £15.10 instead of an amount determined in accordance with paragraph 2 of Schedule 2; or
(b) where the person is a member of a family and paragraph 1 applies to him and another member of the family who is a child or young person has been a patient for a period of more than 12 weeks.	(b) the amount applicable to him under paragraph 1 except that the amount applicable under regulation 17(1)(b) or 18(1)(c) in respect of the child or young person referred to in Column (1) of this paragraph shall be £15.10 instead of an amount determined in accordance with paragraph 2 of Schedule 2.
Single claimants temporarily in local authority accommodation 10A.  A single claimant who is temporarily in accommodation referred to in any of sub-paragraphs (a) to (c) of the definition of residential accommodation in regulation 21(3) (special cases).	10A.  £75.50 of which £16.80 is for personal expenses plus any amounts applicable under regulation 17(1)(e), (f) or (g).
Couples and members of polygamous marriages where one member is or all are temporarily in local authority accommodation 10B.  — (1) A claimant who is a member of a couple temporarily separated from his partner where one of them is living in the home while the other is in accommodation referred to in any of sub-paragraphs (a) to (c) of the definition of residential accommodation in regulation 21(3) (special cases).	10B.  — (1) The aggregate of the amount applicable for the member who remains in the home calculated as if he were a single claimant under regulation 17(1) or 21 and in respect of the other member £75.50 of which £16.80 is for personal expenses.
(2) A claimant who is a member of a polygamous marriage and who 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).	(2) The aggregate of the amount applicable for the members of the polygamous marriage who remain in the home, under regulation 18 and in respect of each member not in the home £75.50 of which £16.80 is for personal expenses.
(3) A claimant who is a member of a couple or a member of a polygamous marriage where both members of that couple or all the members of that marriage are in accommodation referred to in sub-paragraph (1).	(3) For each member of that couple or marriage £75.50 of which £16.80 is for personal expenses plus, if appropriate, the amount applicable under regulation 17(1)(e), (f) or (g) or 18(1)(f), (g) or (h).
Lone parents who are in residential accommodation temporarily 10C.  A claimant who is a lone parent who has entered residential accommodation temporarily.	10C.  £75.50 of which £16.80 is for personal expenses, plus— (a) in respect of each child or young person who is a member of his family, the amount in respect of him prescribed in paragraph 2(a), (b), (c) or (d) of Schedule 2 or under this Schedule as appropriate; and (b) any amount which would be applicable to the claimant if he were not temporarily living away from the dwelling occupied as his home, under regulation 17(1)(c), (e), (f) or (g).
Persons in residential accommodation 13.  — (1) Subject to sub-paragraph (2), a person in, or only temporarily absent from, residential accommodation who is— (a) a single claimant;	13.  — (1) Any amount applicable under regulation 17(1)(f) or (g) or 18(1)(g) or (h), plus— (a) £75.50 of which £16.80 is for personal expenses;
(b) a lone parent;	(b) the amount specified in sub-paragraph (a) of this column;
(c) one of a couple;	(c) twice the amount specified in sub-paragraph (a) of this column;
(d) a child or young person;	(d) the appropriate amount in respect of him prescribed in paragraph 2 of Schedule 2 (applicable amounts);
(e) a member of a polygamous marriage.	(e) the amount specified in sub-paragraph (a) of this column multiplied by the number of members of the polygamous marriage in, or only temporarily absent from, that accommodation.
(2) A single claimant who has become a patient and whose residential accommodation was provided by and managed by a local authority.	(2) Any amount applicable under regulation 17(1)(f) or (g), plus £16.80.
Polish Resettlement 13A.  — (1) A claimant for whom accommodation is provided under section 3 of, and Part II of the Schedule to, the Polish Resettlement Act 1947 (provision of accommodation in camps) where the claimant both requires personal care and is provided with it in the accommodation and—	13A.  — (1) The aggregate of—
(a) is resident in that accommodation on 31st March 1995 or is temporarily absent on that date; or	(a) the weekly charge for the accommodation provided for him, or if he is a member of a family, for him and his family, subject to the maximum determined in accordance with sub-paragraph (2); and
(b) is first provided with such accommodation and care on or after 1st April 1995; or (c) is re-admitted to such accommodation on or after 1st April 1995 where his absence has been other than temporary.	(b) a weekly amount for personal expenses for him or, if he is a member of a family, for him and for each member of his family determined in accordance with sub-paragraph (3) or, in the case of a claimant to whom sub-paragraph (1)(b) or (c) of Column (1) applies, determined in accordance with sub-paragraph (3A) below.
(2) In this paragraph “personal care” means care which a claimant requires by reason of old age, disablement, past or present dependence on alcohol or drugs, past or present mental disorder or a terminal illness.	(2) The maximum referred to in sub-paragraph (1)(a) shall be— (a) in the case of a single claimant, £385.00; (b) in the case of a claimant who is a member of a family the aggregate of the following amounts— (i) in respect of the claimant, £385.00; (ii) in respect of each member of his family who lives in the accommodation aged under 11, 1½ times the amount specified in paragraph 2(a) of Schedule 2; (iii) in respect of each member of his family aged not less than 11 who lives in the accommodation, £385.00; and (iv) where the claimant is a lone parent, in respect of each member of the family who does not live in the accommodation, the amount which would be applicable in respect of that member under Schedule 2.
(3) An absence is temporary for the purposes of sub-paragraph (1) where the absent resident with the agreement of the manager of the accommodation intends to return to the accommodation in due course.	(3) Except where the claimant is a person to whom sub-paragraph (1)(b) or (c) of Column (1) refers, the amount for personal expenses referred to in sub-paragraph (1)(b) shall be— (d) for a young person aged under 18 but over 16, £10.75; (e) for a child aged under 16 but over 11, £9.30; (f) for a child aged under 11, £6.35. (3A) In the case of a claimant to whom sub-paragraph (1)(b) or (c) of Column (1) applies, the amount for personal expenses referred to in sub-paragraph (1)(b) above shall be £16.80. (4) The maximum amount in respect of a member of a family aged under 11 calculated in the manner referred to in sub-paragraph (2)(b)(ii) shall be rounded to the nearest multiple of 5p by treating an odd amount of 2.5p or more as 5p and by disregarding an odd amount of less than 2.5p.

PART II OTHER SUMS SPECIFIED IN SCHEDULE 7 TO THE INCOME SUPPORT REGULATIONS

Paragraph in Schedule 7	Specified Sum
7.  Members of religious orders	Nil
8.  Prisoners	Nil
13A.  Polish Resettlement	(3) (a) for the claimant, £17.35; (b) for his partner, £17.35; (c) for a young person aged 18, £15.55.
13B.  Polish Resettlement: persons temporarily absent from accommodation	80 per cent.
17.  Person from abroad	Nil

(1)

S.I. 1987/1968.

(2)

1983 c. 20.

(3)

1984 c. 36.

(4)

1995 c. 46.