The Employment and Support Allowance Regulations 2008

Applicable amounts in urgent cases E+W+S

163.   [F1 For the purposes of calculating any entitlement to an income-related allowance under this Part—

(a) except in a case to which sub-paragraph (b) or (c) applies, a claimant's weekly applicable amount is to be the aggregate of—

(i) 90% of the amount applicable in respect of himself or herself or, if the claimant is a member of a couple or of a polygamous marriage, of the amount applicable in respect of both of them under paragraph 1(1), (2) or (3) of Schedule 4 or, as the case may be, the amount applicable in respect of them under regulation 68 (polygamous marriages);

(ii) the amount, if applicable, specified in Part 2 of Schedule 4 (premiums);

(iii) the amount, if applicable, specified in Part 4 of Schedule 4 (components); and

(iv) any amounts applicable under regulation 67(1)(c) or, as the case may be, 68(1)(d) (housing costs);

(b) in the case of a claimant to whom any paragraph of Schedule 5 (special cases) applies, the applicable amount is to be the aggregate of—

(i) 90% of the amount applicable in column 2 of that Schedule in respect of the claimant and partner (if any);

(ii) the amount, if applicable, specified in Part 2 of Schedule 4;

(iii) the amount, if applicable, specified in Part 4 of Schedule 4; and

(iv) any amounts applicable under regulation 67(1)(c) or, as the case may be, 68(1)(d); or

(c) in the case of a claimant to whom regulation 162(2) applies, where that claimant is appealing to an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998, against a decision which embodies a determination that the claimant does not have limited capability for work, the applicable amount is to be the aggregate of—

(i) 90% of the amount applicable in respect of himself or herself or, if the claimant is a member of a couple or of a polygamous marriage, of the amount applicable in respect of both of them under paragraph 1(1), (2) or (3) of Schedule 4 or, as the case may be, the amount applicable in respect of them under regulation 68 (polygamous marriages);

(ii) the amount, if applicable, specified in Part 2 of Schedule 4 (premiums); and

(iii) any amounts applicable under regulation 67(1)(c) or, as the case may be, 68(1)(d).]

Textual Amendments

F1 Pt. 13 revoked in part (for specified purposes and with effect in accordance with reg. 1(3) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2009 (S.I. 2009/3228), reg. 2(1)(d) (with reg. 2(2)-(4))

Modifications etc. (not altering text)

C1 Reg. 163(a)(i) modified (with effect in accordance with art. 1(2)(l) (3)(a) 6 of the amending S.I.) by The Social Security Benefits Up-rating Order 2009 (S.I. 2009/497), arts. 1(2)(l), 27(6), Sch. 20

C2 Reg. 163(b)(i) modified (with effect in accordance with art. 1(2)(l) (3)(a) 6 of the amending S.I.) by The Social Security Benefits Up-rating Order 2009 (S.I. 2009/497), arts. 1(2)(l), 27(6), Sch. 20

C3 Reg. 163(c)(i) modified (with effect in accordance with art. 1(2)(l) (3)(a) 6 of the amending S.I.) by The Social Security Benefits Up-rating Order 2009 (S.I. 2009/497), arts. 1(2)(l), 27(6), Sch. 20