PART 5Applicable amounts

Applicable amounts

22.—(1) Subject to regulations 61 and 62 and Schedule A1 F1 (calculation of weekly amounts, rent free periods and treatment of claims for housing benefit by refugees), the applicable amount of a claimant shall be the aggregate of such of the following amounts as apply in his case—

(a)an amount in respect of his personal allowance, determined in accordance with paragraph 1 of Schedule 3;

[F2(b)an amount determined in accordance with paragraph 2 of that Schedule in respect of up to two individuals who are either children or young persons and who are members of his family;]

(c)[F3if he is a member of a family of which at least one member is a child or young person, an amount determined in accordance with paragraph 3(1) of Part 2 of that Schedule (family premium);]

F4(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)the amount of any premiums which may be applicable to him, determined in accordance with Parts 3 and 4 of that Schedule (premiums).

F5(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F6(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7(5) In [F8Schedule 3]—

“additional spouse” means a spouse of either party to the marriage who is additional to the other party to the marriage;

“patient” means a person (other than a person who is serving a sentence of imprisonment or detention in a youth custody institution) who is regarded as receiving free in-patient treatment within the meaning of [F9regulation 2(4) and (5) of the Social Security (Hospital In-Patients) Regulations 2005].]

[F10(5A) For the purposes of paragraph (1)(b), as it applies apart from paragraph (5C), where the family includes more than two individuals who are either children or young persons, and, under paragraph 2 of that Schedule, a different amount applies to different individuals, the two amounts to be included in the applicable amount shall be those that result in the greatest possible total amount.

(5B) Paragraph (5C) applies where—

(a)(whether or not as part of a tax credit couple) the claimant has an award of child tax credit in respect of a child or young person who is a member of his family, whether or not any amount is payable by way of such credit; and

(b)the total amount to be included in the applicable amount under paragraph (1)(b) as substituted by paragraph (5C) would be higher than the total amount that would be included under paragraph (1)(b) apart from paragraph (5C).

(5C) Where this paragraph applies, for paragraph (1)(b) substitute—

“(b)an amount determined in accordance with paragraph 2 of that Schedule in respect of any child or young person who is a member of his family and in respect of whom the individual element of child tax credit has been included in the determination of the maximum rate of that credit;”.

(5D) In this regulation, “tax credit couple” means a couple as defined in section 3(5A) of the Tax Credits Act 2002.]

F11(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 See the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), regulation 7 and Schedule 4, paragraph 2 for regulation 10A and Schedule A1 (claims by refugees).

F5Reg. 22(2)(3) omitted by SI 2005/2502 reg. 2(3)(a) (as amended) (3.4.2006) by virtue of The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 27(4) (with regs. 2, 3, Sch. 3, Sch. 4)

F6Reg. 22(4) omitted by SI 2005/2502 reg. 2(3)(a) (as amended) (3.4.2006) by virtue of The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 27(4) (with regs. 2, 3, Sch. 3, Sch. 4)

F9Words in reg. 22(5) substituted by SI 2005/3360 reg. 5(1) (as substituted) (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 30(1) (with regs. 2, 3, Sch. 3, Sch. 4)

F11Reg. 22(6)(7) omitted by SI 2005/2502 reg. 2(3)(c) (as amended) (3.4.2006) by virtue of The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 27(4) (with regs. 2, 3, Sch. 3, Sch. 4)