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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Social Security Benefits Up-rating Order 2002 URL: http://www.bailii.org/uk/legis/num_reg/2002/20020668.html |
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Made | 12th March 2002 | ||
Coming into force in accordance with article 1(2) |
1. | Citation and commencement |
2. | Interpretation |
3. | Increase in rates or amounts of certain benefits under the Contributions and Benefits Act |
4. | Increase in rates or amounts of certain pensions or allowances under the Contributions and Benefits Act |
5. | Increase in rates or amounts of certain benefits under the Pension Schemes Act |
6. | Dates on which sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act are increased by this Order |
7. | Increase in rates of certain workmen's compensation and industrial diseases benefits in respect of employment before 5th July 1948 |
8. | Earnings Limits |
9. | Statutory Sick Pay |
10. | Statutory Maternity Pay |
11. | Increase in rate of graduated retirement benefit |
12. | Increase in rates of Disability Living Allowance |
13. | Sums specified for child benefit |
14. | Increase in rates of age addition to long-term incapacity benefit |
15. | Increase in rates of transitional invalidity allowance in long-term incapacity benefit cases |
16. | Applicable amounts for Income Support |
17. | Income Support Transitional Protection |
18. | The Relevant Sum for Income Support |
19. | Housing Benefit |
20. | Council Tax Benefit |
21. | Increase in age-related amounts of contribution-based Jobseeker's Allowance |
22. | Applicable amounts for Jobseeker's Allowance |
23. | The Prescribed Sum for Jobseeker's Allowance |
24. | Revocation |
1. | Schedule 4 to the Contributions and Benefits Act as amended by this Order |
2. | Part I of Schedule 2 to the Income Support Regulations as amended by this Order |
3. | Part IV of Schedule 2 to the Income Support Regulations as amended by this Order |
4. | Income Support: applicable amounts in special cases |
5. | Other applicable amounts specified in the Income Support Regulations |
6. | Part I of Schedule 2 to the Housing Benefit Regulations as amended by this Order |
7. | Part IV of Schedule 2 to the Housing Benefit Regulations as amended by this Order |
8. | Part I of Schedule 1 to the Council Tax Benefit Regulations as amended by this Order |
9. | Part IV of Schedule 1 to the Council Tax Benefit Regulations as amended by this Order |
10. | Part I of Schedule 1 to the Jobseeker's Allowance Regulations as amended by this Order |
11. | Part IV of Schedule 1 to the Jobseeker's Allowance Regulations as amended by this Order |
12. | Part IVB of Schedule 1 to the Jobseeker's Allowance Regulations as amended by this Order |
13. | Jobseeker's Allowance: applicable amounts in special cases |
14. | Jobseeker's Allowance: applicable amounts of joint-claim couples in special cases |
15. | Other applicable amounts specified in the Jobseeker's Allowance Regulations |
(3) The increases made -
shall take effect for each case on the date specified in relation to that case in article 6 of this Order.
(4) Where, so far as it relates to any particular beneficiary, article 16 of this Order comes into force in accordance with article 1(2)(g) above on 8th April 2002, it shall come into force immediately after the coming into force of regulation 2(1) of the Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001[4].
(5) Where, in so far as it relates to any particular beneficiaryi, article 22 of this Order comes into force in accordance with article 1(2)(h) above on 8th April 2002, it shall come into force immediately after regulation 2(2) of the Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001.
Interpretation
2.
In this Order -
Increase in rates or amounts of certain pensions or allowances under the Contributions and Benefits Act
4.
- (1) The sums specified in paragraphs (2) to (5) below shall be increased from and including the respective dates specified in article 6 below.
(2) The sums falling to be calculated under paragraph 13(4) of Schedule 7 to the Contributions and Benefits Act (calculation of weekly rate of a beneficiary's retirement allowance) shall be increased by 1.7 per cent. of their amount apart from this Order.
(3) In section 44(4) of the Contributions and Benefits Act[12] (basic pension in a Category A retirement pension) -
(4) It is hereby directed[13] that the sums which are -
(5) The sums which, under -
shall in each case be increased by 1.7 per cent. of their amount apart from this Order.
Increase in rates or amounts of certain benefits under the Pension Schemes Act
5.
- (1) It is hereby directed[20] that the sums specified in paragraph (2) below shall be increased from and including the respective dates specified in article 6 below.
(2) Sums which are payable by virtue of section 15(1) of the Pension Schemes Act (which provides for increases in a person's guaranteed minimum pension if payment of his occupational pension is postponed after he attains pensionable age) to a person who is also entitled to a Category A or Category B retirement pension (including sums payable by virtue of section 17(2) and (3) of that Act), shall be increased by 1.7 per cent. of their amount apart from this Order where the increase under section 15(1) is attributable to earnings factors for the tax year 1987-88 and earlier tax years[21].
Dates on which sums specified for rates or amounts of benefits under the Contributions and Benefits Act or the Pension Schemes Act are increased by this Order
6.
- (1) Paragraphs (2) to (9) of this article, which are subject to the provisions of paragraphs (10) and (11) below, specify the date on which the increases made by this Order in the sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act shall take effect for each case.
(2) Subject to paragraph (3) below, the increases in the sums mentioned in articles 3, 4 and 11 of this Order for Category A and Category B retirement pension and graduated retirement benefit together with, where appropriate, increases for dependants, shall take effect on 8th April 2002.
(3) In the case of a person -
the increases in the sums mentioned in articles 3, 4 and 11 of this Order for Category A and Category B retirement pension and graduated retirement benefit together with, where appropriate, increases for dependants, shall take effect on 11th April 2002.
(4) The increases in the sums mentioned in articles 4(4)(c) and 5(2) shall take effect on 8th April 2002.
(5) The increases in the sums specified for -
(b) the increases in -
in respect of dependants;
shall in all cases take effect on 8th April 2002.
(6) The increases in the sums specified for -
(b) the increases in -
shall in all cases take effect on 10th April 2002.
(7) In any case where a person's weekly rate of Category A or Category B retirement pension falls to be increased under the provisions of section 47(1) or 48C(2) of the Contributions and Benefits Act[24] by reference to the weekly rate of invalidity allowance or age addition to long-term incapacity benefit to which he was previously entitled, the increase in such sum shall take effect on 8th April 2002.
(8) The increases in the sums specified for the rate of incapacity benefit and severe disablement allowance (together with, where appropriate, increases for dependants) shall take effect in all cases on 11th April 2002.
(9) The increases in the sums falling to be calculated in accordance with paragraph 13(4) of Schedule 7 to the Contributions and Benefits Act (retirement allowance) shall take effect on 10th April 2002.
(10) In the case of a person who is subject to the provisions of regulations made under section 73(1)(b) of the Social Security Administration Act 1992[25] (adjustment of benefit for persons undergoing medical or other treatment as an in-patient in a hospital) the increase in the sum mentioned in article 4(3)(b) of this Order shall take effect in that case on the day on which the increase in the benefit payable to him apart from those regulations takes effect.
(11) The increases in the sums specified in articles 3 and 21(c) of this Order, in so far as those sums are relevant for the purposes of establishing whether the rate of any benefit is not to be increased in respect of an adult dependant because the earnings of the dependant exceed a specified amount[26], shall take effect -
and for the purposes of this paragraph "benefit week" has the same meaning as in regulation 2(1) of the Computation of Earnings Regulations.
Increase in rates of certain workmen's compensation and industrial diseases benefits in respect of employment before 5th July 1948
7.
From and including -
substitute "£42.45".
Earnings Limits
8.
In section 80(4) of the Contributions and Benefits Act (earnings limits in respect of child dependency increases) -
Statutory Sick Pay
9.
In section 157(1) of the Contributions and Benefits Act (rate of payment of statutory sick pay) for "£62.20", substitute "£63.25".
Statutory Maternity Pay
10.
In regulation 6 of the Statutory Maternity Pay (General) Regulations 1986[27] (lower rate of statutory maternity pay) for "£62.20", substitute "£75.00".
Increase in rate of graduated retirement benefit
11.
- (1) In section 36(1) of the National Insurance Act 1965[28] (graduated retirement benefit) -
(2) The sums which are the increases of graduated retirement benefit under Schedule 2 to the Social Security (Graduated Retirement Benefit) (No. 2) Regulations 1978[29] (increases for deferred retirement) shall be increased by 1.7 per cent. of their amount apart from this Order.
(3) The sums which are the additions under section 37(1) of the National Insurance Act 1965 (additions for widows and widowers) shall be increased by 1.7 per cent. of their amount apart from this Order.
Increase in rates of Disability Living Allowance
12.
In regulation 4 of the Social Security (Disability Living Allowance) Regulations 1991[30] (rate of benefit) -
Sums specified for child benefit
13.
In regulation 2(1) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976[31] (weekly rates of child benefit) -
Increase in rates of age addition to long-term incapacity benefit
14.
In the Social Security (Incapacity Benefit) Regulations 1994[32], in regulation 10(2) -
Increase in rates of transitional invalidity allowance in long-term incapacity benefit cases
15.
In the Social Security (Incapacity Benefit) (Transitional) Regulations 1995[33], in regulation 18(2) -
and references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to a regulation of, or a Schedule to, the Income Support Regulations bearing that number.
(2) In -
the sum specified is in each case £3,000.
(3) The sums specified in Part I of Schedule 2 (applicable amounts: personal allowances) shall be as set out in Schedule 2 to this Order.
(4) In paragraph 3 of Part II of Schedule 2[34] (applicable amounts: family premium) -
(5) The sums specified in Part IV of Schedule 2 (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 3 to this Order.
(6) In paragraph 18 of Schedule 3[35] (housing costs: non-dependant deductions) -
(e) in sub-paragraph (2)(c) -
(f) in sub-paragraph (2)(d) -
(g) in sub-paragraph (2)(e) -
(7) Those sums relevant to the calculation of an applicable amount which are specified in Schedule 7 (applicable amounts in special cases) shall be as set out in Schedule 4 to this Order.
(8) The sums specified in any provision of the Income Support Regulations set out in column (1) of Schedule 5 to this Order, as those provisions are in force on 6th February 2002, are the sums set out in column (2) of that Schedule.
(9) In paragraph 19(b) of Schedule 9[36] (sums to be disregarded in the calculation of income other than earnings), for "£9.25", substitute "£9.40".
Income Support Transitional Protection
17.
Sums which are special transitional additions to income support payable in accordance with regulation 15 of the Income Support (Transitional) Regulations 1987[37] shall be increased by 1.7 per cent. of their amount apart from this Order.
The Relevant Sum for Income Support
18.
In section 126(7) of the Contributions and Benefits Act[38] (trade disputes: the relevant sum) for "£28.50", substitute "£29.00".
Housing Benefit
19.
- (1) As from a date determined in accordance with article 1 of this Order, the sums relevant to the calculation of an applicable amount as specified in the Housing Benefit Regulations shall be the sums set out in the following provisions of this article and Schedules 6 and 7 to this Order; and references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to a regulation of, or a Schedule to, the Housing Benefit Regulations bearing that number.
(2) In -
the sum specified is in each case £3,000.
(3) In regulation 18(1)[39] (patients) -
(4) In regulation 63[40] (non-dependant deductions) -
(e) in paragraph (2)(c) -
(f) in paragraph (2)(d) -
(g) in paragraph (2)(e) -
(5) In paragraph 1A of Part I of Schedule 1[41] (ineligible service charges), for "£18.95", "£18.95", "£9.55", "£12.60", "£12.60", "£6.35" and "£2.30", substitute "£19.25", "£19.25", "£9.70", "£12.80", "£12.80", "£6.45" and "£2.35" respectively.
(6) In paragraph 5(2)(a) of Part II of Schedule 1[42] (payments in respect of fuel charges) for "£9.25", substitute "£9.40".
(7) The sums specified in Part I of Schedule 2 (applicable amounts: personal allowances) shall be as set out in Schedule 6 to this Order.
(8) In paragraph 3 of Part II of Schedule 2[43] (applicable amounts: family premium) -
(9) The sums specified in Part IV of Schedule 2 (applicable amounts: premiums) shall be as set out in Schedule 7 to this Order.
(10) In paragraph 20(b) of Schedule 4[44] (sums to be disregarded in the calculation of income other than earnings), for "£9.25", substitute "£9.40".
Council Tax Benefit
20.
- (1) The sums relevant to the calculation of an applicable amount as specified in the Council Tax Benefit Regulations shall be the sums set out in the following provisions of this article and Schedules 8 and 9 to this Order; and references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to a regulation of, or a Schedule to, the Council Tax Benefit Regulations bearing that number.
(2) In -
the sum specified is in each case £3,000.
(3) In regulation 10(1)[45] (patients) -
(4) In regulation 52[46] (non-dependant deductions) -
(e) in paragraph (2)(c) -
(5) The sums specified in Part I of Schedule 1 (applicable amounts: personal allowances) shall be as set out in Schedule 8 to this Order.
(6) In paragraph 3 of Part II of Schedule 1[47] (applicable amounts: family premium) -
(7) The sums specified in Part IV of Schedule 1 (applicable amounts: premiums) shall be as set out in Schedule 9 to this Order.
(8) In paragraph 1 of Schedule 2 (amount of alternative maximum council tax benefit) -
(9) In paragraph 20(b) of Schedule 4[48] (sums to be disregarded in the calculation of income other than earnings), for "£9.25", substitute "£9.40".
Applicable amounts for Jobseeker's Allowance
22.
- (1) The sums relevant to the calculation of an applicable amount as specified in the Jobseeker's Allowance Regulations shall be the sums set out in the following provisions of this article and Schedules 10 to 15 to this Order; and references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to a regulation of, or a Schedule to, the Jobseeker's Allowance Regulations bearing that number.
(2) In -
the sum specified is in each case £3,000.
(3) The sums specified in Part I of Schedule 1 (applicable amounts: personal allowances) shall be as set out in Schedule 10 to this Order.
(4) In paragraph 4 of Part II of Schedule 1[49] (applicable amounts: family premium) -
(5) The sums specified in Part IV of Schedule 1 (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 11 to this Order.
(6) The sums specified in Part IVB of Schedule 1[50] (applicable amounts: weekly amounts of premiums for joint-claim couples) shall be as set out in Schedule 12 to this Order.
(7) In paragraph 17 of Schedule 2[51] (housing costs: non-dependant deductions) -
(e) in sub-paragraph (2)(c) -
(f) in sub-paragraph (2)(d) -
(g) in sub-paragraph (2)(e) -
(8) Those sums relevant to the calculation of an applicable amount which are specified in Schedule 5 (applicable amounts in special cases) shall be as set out in Schedule 13 to this Order.
(9) Those sums relevant to the calculation of an applicable amount which are specified in Schedule 5A[52] (applicable amounts of joint-claim couples in special cases) shall be as set out in Schedule 14 to this Order.
(10) In paragraph 20(b) of Schedule 7 (sums to be disregarded in the calculation of income other than earnings), for "£9.25", substitute "£9.40".
(11) The sums specified in any provision of the Jobseeker's Allowance Regulations set out in column (1) of Schedule 15 to this Order are the sums set out in column (2) of that Schedule.
The Prescribed Sum for Jobseeker's Allowance
23.
In regulation 172 of the Jobseeker's Allowance Regulations[53] (trade disputes: prescribed sum) for "£28.50", substitute "£29.00".
Description of benefit | Weekly rate | |
2.
Short-term incapacity benefit[55]. |
(a) lower rate |
£53.50 |
(b) higher rate |
£63.25 | |
2A.
Long-term incapacity benefit. |
£70.95 | |
5.
Category B retirement pension where section 48A(3) applies. |
£45.20 | |
6.
Child's special allowance. |
£11.35 |
Bereavement payment[56]. |
£2,000.00 |
Description of benefit | Weekly rate | |
1.
Attendance allowance. |
(a) higher rate |
£56.25 |
(b) lower rate |
£37.65 | |
(the appropriate rate being determined in accordance with section 69(1)). | ||
2.
Severe disablement allowance. |
£42.85 | |
3.
Age related addition. |
(a) higher rate |
£14.90 |
(b) middle rate |
£9.50 | |
(c) lower rate |
£4.75 | |
(the appropriate rate being determined in accordance with section 78(5)). | ||
4.
Invalid care allowance. |
£42.45 | |
5.
Guardian's allowance. |
£11.35 | |
6.
Category C retirement pension. |
(a) lower rate |
£27.00 |
(b) higher rate |
£45.20 | |
(the appropriate rate being determined in accordance with section 65(3)). | ||
7.
Category D retirement pension. |
The higher rate for Category C retirement pensions under paragraph 6 above. | |
8.
Age addition (to a pension of any category, and otherwise under section 79). |
£0.25 |
Benefit to which increase applies (1) | Increase for qualifying child (2) | Increase for adult dependant (3) |
£ | £ | |
1A[57].
Short-term incapacity benefit -
|
11.35 | 33.10 |
(b) Where the beneficiary is over pensionable age |
11.35 | 40.80 |
2.
Long-term incapacity benefit |
11.35 | 42.45 |
3.
Maternity allowance |
- | 33.10 |
4.
Widowed mother's allowance |
11.35 | - |
4A[58].
Widowed parent's allowance |
11.35 | - |
5.
Category A or B retirement pension |
11.35 | 45.20 |
6.
Category C retirement pension |
11.35 | 27.00 |
7.
Child's special allowance |
11.35 | - |
8.
Severe disablement allowance |
11.35 | 25.45 |
9.
Invalid care allowance |
11.35 | 25.35 |
Description of benefit, etc. | Rate | ||
1.
Disablement pension (weekly rates). |
For the several degrees of disablement set out in column (1) of the following Table, the respective amounts in that Table, using - | ||
(a) column (2) for any period during which the beneficiary is over the age of 18 or is entitled to an increase of benefit in respect of a child or adult dependant; (b) column (3) for any period during which the beneficiary is not over the age of 18 and not so entitled: |
|||
TABLE | |||
Degree of Disablement | Amount | ||
(1) | (2) | (3) | |
Per cent. | £ | £ | |
100 | 114.80 | 70.35 | |
90 | 103.32 | 63.32 | |
80 | 91.84 | 56.28 | |
70 | 80.36 | 49.25 | |
60 | 68.88 | 42.21 | |
50 | 57.40 | 35.18 | |
40 | 45.92 | 28.14 | |
30 | 34.44 | 21.11 | |
20 | 22.96 | 14.07 | |
2.
Maximum increase of weekly rate of disablement pension where constant attendance needed. |
(a) except in cases of exceptionally severe disablement |
£46.00 | |
(b) in any case |
£92.00 | ||
3.
Increase of weekly rate of disablement pension (exceptionally severe disablement). |
£46.00 | ||
4.
Maximum of aggregate of weekly benefit payable for successive accidents. |
(a) for any period during which the beneficiary is over the age of 18 or is entitled to an increase in benefit in respect of a child or adult dependant |
£114.80 | |
(b) for any period during which the beneficiary is not over the age of 18 and not so entitled |
£70.35 | ||
5.
Unemployability supplement under paragraph 2 of Schedule 7. |
£70.95 | ||
6.
Increase under paragraph 3 of Schedule 7 of weekly rate of unemployability supplement. |
(a) if on the qualifying date the beneficiary was under the age of 35 or if that date fell before 5th July 1948 |
£14.90 | |
(b) if head (a) above does not apply and on the qualifying date the beneficiary was under the age of 40 and he had not attained pensionable age before 6th April 1979 |
£14.90 | ||
(c) if heads (a) and (b) above do not apply and on the qualifying date the beneficiary was under the age of 45 |
£9.50 | ||
(d) if heads (a), (b) and (c) above do not apply and on the qualifying date the beneficiary was under the age of 50 and had not attained pensionable age before 6th April 1979 |
£9.50 | ||
(e) in any other case |
£4.75 | ||
7.
Increase under paragraph 4 of Schedule 7 of weekly rate of disablement pension. |
£11.35 | ||
8.
Increase under paragraph 6 of Schedule 7 of weekly rate of disablement pension. |
£42.45 | ||
9.
Maximum disablement gratuity under paragraph 9 of Schedule 7. |
£7,630.00 | ||
10.
Widow's pension (weekly rates). |
(a) initial rate[59] |
£57.65 | |
(b) higher permanent rate |
£75.50 | ||
(c) lower permanent rate 30 per cent. of the first sum specified in section 44(4) (Category A basic retirement pension) (the appropriate rate being determined in accordance with paragraph 16 of Schedule 7). |
|||
11.
Widower's pension (weekly rate). |
£75.50 | ||
12.
Weekly rate of allowance in respect of children under paragraph 18 of Schedule 7. |
In respect of each qualifying child | £11.35 |
(1) | (2) |
Person or Couple | Amount |
(1)[60] Single claimant aged -
|
(1)
|
(b) less than 18 who falls within any of the circumstances specified in paragraph 1A; |
(b) £42.70; |
(c) less than 18 who satisfies the condition in paragraph 11; |
(c) £42.70; |
(d) not less than 18 but less than 25; |
(d) £42.70; |
(e) not less than 25. |
(e) £53.95. |
(2) Lone parent aged -
|
(a) £32.50; |
(b) less than 18 who falls within any of the circumstances specified in paragraph 1A; |
(b) £42.70; |
(c) less than 18 who satisfies the condition in paragraph 11(a); |
(c) £42.70; |
(d) not less than 18. |
(d) £53.95. |
(3)[61] Couple -
|
(a) £64.45; |
(i) at least one of them is treated as responsible for a child; or (ii) had they not been members of a couple, each would have qualified for income support under regulation 4ZA; or (iii) the claimant's partner satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (prescribed circumstances for persons aged 16 but less than 18); or (iv) there is in force in respect of the claimant's partner a direction under section 16 of the Jobseekers Act 1995 (persons under 18: severe hardship);
(b) where both members are aged less than 18 and head (a) does not apply but one member of the couple falls within any of the circumstances specified in paragraph 1A; |
(b) £42.70; |
(c) where both members are aged less than 18 and heads (a) and (b) do not apply; |
(c) £32.50; |
(d) where both members are aged not less than 18; |
(d) £84.65; |
(e) where one member is aged not less than 18 and the other member is a person under 18 who - |
(e) £84.65; |
(i) qualifies for income support under regulation 4ZA, or who would so qualify if he were not a member of a couple; or (ii) satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (prescribed circumstances for persons aged 16 but less than 18); or (iii) is the subject of a direction under section 16 of the Jobseekers Act 1995 (persons under 18: severe hardship); |
|
(f) where the claimant is aged not less than 18 but less than 25 and his partner is a person under 18 who - |
(f) £42.70; |
(i) would not qualify for income support under regulation 4ZA if he were not a member of a couple; and (ii) does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (prescribed circumstances for persons aged 16 but less than 18); and (iii) is not the subject of a direction under section 16 of the Jobseekers Act 1995 (persons under 18: severe hardship); |
|
(g) where the claimant is aged not less than 25 and his partner is a person under 18 who - |
(g) £53.95. |
(i) would not qualify for income support under regulation 4ZA if he were not a member of a couple; and (ii) does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (prescribed circumstances for persons aged 16 but less than 18); and (iii) is not the subject of a direction under section 16 of the Jobseekers Act 1995 (persons under 18; severe hardship). |
(1) | (2) |
Child or Young Person | Amount |
Person in respect of the period - (a) beginning on that person's date of birth and ending on the day preceding the first Monday in September following that person's sixteenth birthday; |
(a) £33.50; |
(b) beginning on the first Monday in September following that person's sixteenth birthday and ending on the day preceding that person's nineteenth birthday. |
(b) £34.30. |
(1) | (2) |
Premium | Amount |
15.
- (1A)[64] Bereavement Premium. |
(1A) £21.55. |
(2)[65] Pensioner Premium for persons aged under 75 -
|
(2)
|
(b) where the claimant satisfies the condition in paragraph 9(b). |
(b) £65.15. |
(2A) Pensioner Premium for persons aged 75 and over -
|
(2A)
|
(b) where the claimant satisfies the condition in paragraph 9A(b). |
(b) £65.15. |
(3) Higher Pensioner Premium -
|
(3)
|
(b) where the claimant satisfies the condition in paragraph 10(2)(a) or (b). |
(b) £65.15. |
(4) Disability Premium -
|
(4)
|
(b) where the claimant satisfies the condition in paragraph 11(b). |
(b) £32.80. |
(5) Severe Disability Premium -
|
(5)
|
(b) where the claimant satisfies the condition in paragraph 13(2)(b) -
|
(b)
|
(ii) if no-one is in receipt of such an allowance. |
(ii) £84.50. |
(6) Disabled Child Premium. |
(6) £35.50 in respect of each child or young person in respect of whom the condition specified in paragraph 14 is satisfied. |
(7)[66] Carer Premium. |
(7) £24.80 in respect of each person who satisfied the condition specified in paragraph 14ZA. |
(8)[67] Enhanced disability premium where the conditions in paragraph 13A are satisfied. |
(8)
(b) £11.25 in respect of each person who is neither -
(ii) a member of a couple or a polygamous marriage,
in respect of whom the conditions specified in paragraph 13A are satisfied; |
(1) | (2) |
Patients 1.[68] 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 -
|
1.
|
(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 -
|
(c)
|
(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 -
|
(d)
|
(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 -
(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.
|
(b) those conditions are not satisfied. |
(b) £15.10. |
2A.[70]
A single claimant who is detained under the provisions of the Mental Health Act 1983[71] or, in Scotland, under the provisions of the Mental Health (Scotland) Act 1984[72] or the Criminal Procedure (Scotland) Act 1995[73] and who immediately before his detention under any of those Acts was a prisoner. |
2A.
£15.10. |
3.[74]
Subject to paragraph 18 -
|
3.
|
(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.[75] 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.[76] 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 -
(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 -
|
13.
- (1)[77] Any amount applicable under regulation 17(1)(f) or (g) or 18(1)(g) or (h), plus -
|
(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.[78] - (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 -
|
(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 -
(b) in the case of a claimant who is a member of a family the aggregate of the following amounts -
(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 -
(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. |
Paragraph in Schedule 7 | Specified Sum |
7.
Members of religious orders |
Nil |
8.
Prisoners |
Nil |
13A.
Polish Resettlement |
(3)
(b) for his partner, £17.35; (c) for a young person aged 18, £15.55. |
13B.[80]
Polish Resettlement: persons temporarily absent from accommodation |
80 per cent. |
17.[81]
Person from abroad |
Nil |
(1) | (2) | ||||||
Provision in Income Support Regulations | Specified Sum as at 6th February 2002 | ||||||
Regulation 22A(1)[82] |
Applicable amount to be reduced by a sum equivalent to 20 per cent. of the specified amount. |
||||||
Regulation 71(1)(a)(i)[83] |
90 per cent. of the amount applicable or, as the case may be, of the reduced amount. |
||||||
Regulation 71(1)(c)(i) |
98 per cent. of the applicable amount for persons in residential accommodation. |
||||||
Regulation 71(1)(d) |
90 per cent. of the applicable amount. |
||||||
Schedule 3[84], paragraph 5(3) |
The relevant fraction of the applicable amount is the amount calculated by the formula
|
||||||
Schedule 3, paragraph 6(1)(b)[85] |
Half the amount which would fall to be met by applying the provisions of sub-paragraph (a). |
||||||
Schedule 3, paragraph 6(1)(c) |
Nil. |
||||||
Schedule 3, paragraph 7(8) |
100 per cent. of eligible interest. |
||||||
Schedule 3, paragraph 8(1)(b) |
Nil. |
||||||
Schedule 3, paragraph 10(1)[86] |
The weekly amount of housing costs is the amount calculated by the formula
|
||||||
Schedule 3, paragraph 11(5) |
£100,000. |
||||||
Schedule 3, paragraph 11(7)(a) |
The alternative appropriate amount shall be calculated using the formula P × Q |
||||||
Schedule 3, paragraph 11(11)[87] |
The qualifying portion of a loan shall be determined by the formula
|
||||||
Schedule 3, paragraph 12(1)(a)[88] |
6.19 per cent. |
||||||
Schedule 3, paragraph 12(2) and (3) |
5 per cent. |
(1) | (2) |
Person or Couple | Amount |
(1)[89] Single claimant aged - |
|
(b) less than 25; |
(1)
|
(c) not less than 25. |
(c) £53.95. |
(2) Lone parent aged - |
|
(a) less than 18; |
(2)
|
(b) not less than 18. |
(b) £53.95. |
(3) Couple - |
|
(a) where both members are aged less than 18; |
(3)
|
(b) where at least one member is aged not less than 18. |
(b) £84.65. |
(1) | (2) |
Child or Young Person | Amount |
Person in respect of the period - |
|
(a) beginning on that person's date of birth and ending on the day preceding the first Monday in September following that person's sixteenth birthday; |
(a) £33.50; |
(b) beginning on the first Monday in September following that person's sixteenth birthday and ending on the day preceding that person's nineteenth birthday. |
(b) £34.30. |
Premium | Amount |
15.
- (1)[91] |
1.
|
(1A)[92] Bereavement Premium. |
(1A) £21.55. |
(2)[93] Pensioner Premium for persons aged under 75 - |
|
(a) where the claimant satisfies the condition in paragraph 9(a); |
2.
|
(b) where the claimant satisfies the condition in paragraph 9(b). |
(b) £65.15. |
(2A) Pensioner Premium for persons aged 75 and over - |
|
(a) where the claimant satisfies the condition in paragraph 9A(a); |
2A.
|
(b) where the claimant satisfies the condition in paragraph 9A(b). |
(b) £65.15. |
(3) Higher Pensioner Premium - |
|
(a) where the claimant satisfies the condition in paragraph 10(1)(a) or (b); |
3.
|
(b) where the claimant satisfies the condition in paragraph 10(2)(a) or (b). |
(b) £65.15. |
(4) Disability Premium - |
|
(a) where the claimant satisfies the condition in paragraph 11(a); |
4.
|
(b) where the claimant satisfies the condition in paragraph 11(b). |
(b) £32.80. |
(5)[94] Severe Disability Premium - |
|
(a) where the claimant satisfies the condition in paragraph 13(2)(a); |
5.
|
(b) where the claimant satisfies the condition in paragraph 13(2)(b) - |
(b)
|
(i) in a case where there is someone in receipt of an invalid care allowance or if he or any partner satisfies that condition only by virtue of paragraph 13(3A); |
|
(ii) in a case where there is no-one in receipt of such an allowance. |
(ii) £84.50. |
(6) Disabled Child Premium. |
6.
£35.50 in respect of each child or young person in respect of whom the condition specified in paragraph 14 of Part III of this Schedule is satisfied. |
(7) Carer Premium[95]. |
7.
£24.80 in respect of each person who satisfies the condition specified in paragraph 14ZA. |
(9)[96] Enhanced disability premium where the conditions in paragraph 13A are satisfied. |
(9)
(b) £11.25 in respect of each person who is neither -
(ii) a member of a couple or a polygamous marriage,
in respect of whom the conditions specified in paragraph 13A are satisfied; |
(1) | (2) |
Person or Couple | Amount |
(1) Single claimant aged - |
|
(a) not less than 18 but less than 25; |
(1)
|
(b) not less than 25 |
(b) £53.95 |
(2) Lone parent. |
(2) £53.95 |
(3) Couple. |
(3) £84.65 |
(1) | (2) |
Child or Young Person | Amount |
Person in respect of the period - |
|
(a) beginning on that person's date of birth and ending on the day preceding the first Monday in September following that person's sixteenth birthday; |
(a) £33.50 |
(b) beginning on the first Monday in September following that person's sixteenth birthday and ending on the day preceding that person's nineteenth birthday. |
(b) £34.30 |
Premium | Amount |
19.
- (1)[98] |
(1) |
(1A)[99] Bereavement Premium. |
(1A) £21.55 |
(2) Pensioner Premium for persons under 75 - |
(2) |
(a) where the claimant satisfies the condition in paragraph 9(a); |
(a) £44.20 |
(b) where the claimant satisfies the condition in paragraph 9(b). |
(b) £65.15 |
(3) Pensioner Premium for persons 75 or over - |
(3) |
(a) where the claimant satisfies the condition in paragraph 10(a); |
(a) £44.20 |
(b) where the claimant satisfies the condition in paragraph 10(b). |
(b) £65.15 |
(4) Higher Pensioner Premium - |
(4) |
(a) where the claimant satisfies the condition in paragraph 11(1)(a) or (b); |
(a) £44.20 |
(b) where the claimant satisfies the condition in paragraph 11(2)(a) or (b). |
(b) £65.15 |
(5) Disability Premium - |
(5) |
(a) where the claimant satisfies the condition in paragraph 12(a); |
(a) £23.00 |
(b) where the claimant satisfies the condition in paragraph 12(b). |
(b) £32.80 |
(6)[100] Severe Disability Premium - |
(6) |
(a) where the claimant satisfies the condition in paragraph 14(2)(a); |
(a) £42.25 |
(b) where the claimant satisfies the condition in paragraph 14(2)(b) - |
(b) |
(i) in a case where there is someone in receipt of an invalid care allowance or if he or any partner satisfies that condition only by virtue of paragraph 14(3A); |
(i) £42.25 |
(ii) in a case where there is no-one in receipt of such an allowance. |
(ii) £84.50 |
(7) Disabled Child Premium. |
(7) £35.50 in respect of each child or young person in respect of whom the condition specified in paragraph 15 of Part III of this Schedule is satisfied. |
(8) Carer Premium. |
(8) £24.80 in respect of each person who satisfies the condition specified in paragraph 16. |
(9)[101] Enhanced disability premium where the conditions in paragraph 14A are satisfied. |
(9)
(b) £11.25 in respect of each person who is neither -
(ii) a member of a couple or a polygamous marriage,
in respect of whom the conditions specified in paragraph 14A are satisfied; |
(1) | (2) |
Person or Couple | Amount |
(1) Single claimant aged - |
1.
|
(a) except where head (b) or (c) of this sub-paragraph applies, less than 18; |
(a) £32.50 |
(b) less than 18 who falls within paragraph (2) of regulation 57 and who -
(ii) is the subject of a direction under section 16; |
(b) £42.70 |
(c) less than 18 who satisfies the condition in paragraph 13(a) of Part 3; |
(c) £42.70 |
(d) not less than 18 but less than 25; |
(d) £42.70 |
(e) not less than 25. |
(e) £53.95 |
(2) Lone parent aged - |
2.
|
(a) except where head (b) or (c) of this sub-paragraph applies, less than 18; |
(a) £32.50 |
(b) less than 18 who falls within paragraph (2) of regulation 57 and who -
(ii) is the subject of a direction under section 16; |
(b) £42.70 |
(c) less than 18 who satisfies the condition in paragraph 13(a) of Part 3; |
(c) £42.70 |
(d) not less than 18. |
(d) £53.95 |
(3) Couple - |
3. |
(a) where both members are aged less than 18 and -
(ii) had they not been members of a couple, each would have been a person to whom regulation 59, 60 or 61 (circumstances in which a person aged 16 or 17 is eligible for a jobseeker's allowance) applied; or (iii) had they not been members of a couple, the claimant would have been a person to whom regulation 59, 60 or 61 (circumstances in which a person aged 16 or 17 is eligible for a jobseeker's allowance) applied and his partner satisfies the requirements for entitlement to income support other than the requirement to make a claim for it; or (iv) they are married and one member of the couple is a person to whom regulation 59, 60 or 61 applies and the other member is registered in accordance with regulation 62; or (iva) they are married and each member of the couple is a person to whom regulation 59, 60 or 61 applies; or (v) there is a direction under section 16 (jobseeker's allowance in cases of severe hardship) in respect of each member; or (vi) there is a direction under section 16 in respect of one of them and the other is a person to whom regulation 59, 60 or 61 applies; or (vii) there is a direction under section 16 in respect of one of them and the other satisfies requirements for entitlement to income support other than the requirement to make a claim for it; |
(a) £64.45 |
(b) where both members are aged less than 18 and sub-paragraph (3)(a) does not apply but one member of the couple falls within paragraph (2) of regulation 57 and either -
(ii) is the subject of a direction under section 16 of the Act; |
(b) £42.70 |
(c) where both members are aged less than 18 and neither head (a) nor (b) of sub-paragraph (3) applies but one member of the couple -
(ii) is the subject of a direction under section 16; |
(c) £32.50 |
(d) where both members are aged less than 18 and none of heads (a), (b) or (c) of sub-paragraph (3) apply but one member of the couple is a person who satisfies the requirements of paragraph 13(a); |
(d) £42.70 |
(e) where both members are aged not less than 18; |
(e) £84.65 |
(f) where one member is aged not less than 18 and the other member is a person under 18 who -
(ii) is the subject of a direction under section 16; and (iii) satisfies requirements for entitlement to income support other than the requirement to make a claim for it; |
(f) £84.65 |
(g) where one member is aged not less than 18 but less than 25 and the other member is a person under 18 -
(ii) who is not the subject of a direction under section 16; and (iii) does not satisfy requirements for entitlement to income support disregarding the requirement to make a claim for it; |
(g) £42.70 |
(h) where one member is aged not less than 25 and the other member is a person under 18 -
(ii) is not the subject of a direction under section 16; and (iii) does not satisfy requirements for entitlement to income support disregarding the requirement to make a claim for it. |
(h) £53.95 |
(1) | (2) |
Child or Young Person | Amount |
Person in respect of the period - |
|
(a) beginning on that person's date of birth and ending on the day preceding the first Monday in September following that person's sixteenth birthday; |
(a) £33.50 |
(b) beginning on the first Monday in September following that person's sixteenth birthday and ending on the day preceding that person's nineteenth birthday. |
(b) £34.30 |
Premium | Amount |
20.
- |
|
(1A) [104]Bereavement Premium. |
(1A) £21.55 |
(2) Pensioner Premium for persons aged over 60 - |
(2) |
(a) where the claimant satisfies the condition in paragraph 10(a); |
(a) £44.20 |
(b) where the claimant satisfies the condition in paragraph 10(b); |
(b) £65.15 |
(c) where the claimant satisfies the condition in paragraph 10(c). |
(c) £65.15 |
(3) Pensioner Premium for claimants whose partner has attained the age of 75 where the claimant satisfies the condition in paragraph 11. |
(3) £65.15 |
(4) Higher Pensioner Premium - |
(4) |
(a) where the claimant satisfies the condition in paragraph 12(1)(a); |
(a) £44.20 |
(b) where the claimant satisfies the condition in paragraph 12(1)(b) or (c). |
(b) £65.15 |
(5) Disability Premium - |
(5) |
(a) where the claimant satisfies the condition in paragraph 13(a); |
(a) £23.00 |
(b) where the claimant satisfies the condition in paragraph 13(b) or (c). |
(b) £32.80 |
(6) Severe Disability Premium - |
(6) |
(a) where the claimant satisfies the condition in paragraph 15(1); |
(a) £42.25 |
(b) where the claimant satisfies the condition in paragraph 15(2) - |
|
(i) if there is someone in receipt of an invalid care allowance or if any partner of the claimant satisfies that condition by virtue of paragraph 15(5); |
(b)
|
(ii) if no-one is in receipt of such an allowance. |
(ii) £84.50 |
(7) Disabled Child Premium. |
(7) £35.50 in respect of each child or young person in respect of whom the conditions specified in paragraph 16 are satisfied. |
(8) Carer Premium. |
(8) £24.80 in respect of each person who satisfies the condition specified in paragraph 17. |
(9) [105]Enhanced disability premium where the conditions in paragraph 15A are satisfied. |
(9)
(b) £11.25 in respect of each person who is neither -
(ii) a member of a couple or a polygamous marriage, in respect of whom the conditions specified in paragraph 15A are satisfied;
(c) £16.25 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 15A are satisfied in respect of a member of that couple or polygamous marriage. |
Premium | Amount |
20M.
- (1) Pensioner premium where one member of a joint-claim couple is aged over 60 and the condition in paragraph 20E is satisfied. |
(1) £65.15. |
(2) Higher Pensioner Premium where one member of a joint-claim couple satisfies the condition in paragraph 20F. |
(2) £65.15. |
(3) Disability Premium where one member of a joint-claim couple satisfies the condition in paragraph 20G. |
(3) £32.80. |
(4) Severe Disability Premium where one member of a joint-claim couple satisfies the condition in paragraph 20I(1) - |
(4) |
(i) if there is someone in receipt of an invalid care allowance or if either member satisfies that condition only by virtue of paragraph 20I(4)[107]; |
(i) £42.25 |
(ii) if no-one is in receipt of such an allowance. |
(ii) £84.50. |
(5) Carer Premium. |
(5) £24.80 in respect of each person who satisfied the condition specified in paragraph 20J. |
(6) [108]Enhanced disability premium where the conditions in paragraph 20IA are satisfied. |
(6) £16.25 where the conditions specified in paragraph 20IA are satisfied in respect of a member of a joint-claim couple. |
Column (1) | Column (2) |
Person other than claimant who is a patient 1. [109] Subject to paragraphs 2, 15 and 17, a person who has been a patient for more than 6 weeks and who is - |
1.
|
(a) a member of a couple and the other member is the claimant, or |
(a) the applicable amount for a couple under regulation 83 reduced by £15.10; |
(b) a member of a polygamous marriage and the claimant is a member of the marriage but not a patient. |
(b) the applicable amount under regulation 84 (polygamous marriages) reduced by £15.10 in respect of each member who is a patient. |
2.
|
2.
|
(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 83(b) or 84(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 1. |
Single claimants temporarily in local authority accommodation 7. A single claimant who is temporarily in accommodation provided by a local authority of a kind specified in the definition of residential accommodation in regulation 85 (special cases). |
7.
£75.50 of which £16.80 is for personal expenses plus any amounts applicable under regulation 83(f) and 87(2) and (3). |
Couples and members of polygamous marriages where one member is or all are temporarily in local authority accommodation 8. - (1) A claimant who is a member of a couple and temporarily separated from his partner where one of them is living in the home while the other is in accommodation provided by a local authority of a kind specified in the definition of residential accommodation in regulation 85 (special cases). |
8.
- (1) [110]The aggregate of the amount applicable for the member who remains in the home calculated as if he were a single claimant under regulation 83 or 85 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 84 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 83(f), 84(1)(g) and 87(2) and (3). |
Lone parents who are in residential accommodation temporarily 9. A claimant who is a lone parent who has entered residential accommodation temporarily. |
9.
[111]£75.50 of which £16.80 is for personal expenses, plus -
(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 83(d) or (f) or under regulation 87(2) or (3). |
Persons in residential accommodation 15. -
|
15.
- (1) Any amount applicable under regulation 87(2) and (3), plus - |
(a) a single claimant; |
(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 1 (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 87(2) and (3), plus £16.80. |
Paragraph in Schedule 5 | Specified Sum |
4.
Members of religious orders |
Nil |
14.[113]
Person from abroad |
Nil |
Column (1) | Column (2) |
Patients 1. Subject to paragraphs 9 and 11, a joint-claim couple where one member -
(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 six weeks. |
1.
(b) The applicable amount under regulation 86B (polygamous marriages) reduced by £15.10 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 -
(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[115]); (v) participating in arrangements for training made under section 2 of the Employment and Training Act 1973[116], or section 2 of the Enterprise and New Towns (Scotland) Act 1990[117] 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 -
(ii) a patient; (iii) in residential accommodation; or (iv) resident in a residential care home or nursing home. |
4.
Either -
(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 -
(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 -
(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.
[118] - (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 or 85 and in respect of the other joint-claimant £75.50 of which £16.80 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, £75.50 of which £16.80 is for personal expenses. (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 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 -
(b) in any other circumstances. |
7.
[119]
(b) For the first four weeks of that absence, the amount applicable to them as a couple under regulation 86A, as the case may be, and thereafter the amount applicable to the claimant in Great Britain under regulation 83, 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 -
(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.
[120]For the first four weeks of that absence, the amount applicable to the joint-claim couple under regulations 86B to 86C, 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 86C, 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 9. - (1) Subject to sub-paragraph (2), a joint-claim couple where one member is in or only temporarily absent from residential accommodation. (2) A joint-claim couple where either member is a member of a polygamous marriage and one or more members of that marriage are in or only temporarily absent from residential accommodation. |
9.
- (1) £75.50 of which £16.80 is for personal expenses. (2) The amount specified in sub-paragraph (1) of this column multiplied by the number of members of the polygamous marriage in or only temporarily absent from that accommodation. |
Provision in Jobseeker's Allowance Regulations | Specified Sum | ||||||
Regulation 145(1)[121] |
Weekly applicable amount to be reduced by a sum equivalent to 40 per cent. or, as the case may be, 20 per cent. of the specified amount. |
||||||
Regulation 146G(1)[122] |
Weekly applicable amount to be reduced by a sum equivalent to 40 per cent. or, as the case may be, 20 per cent. of the specified amount. |
||||||
Regulation 148(1)(a)(i) |
90 per cent. of the applicable amount or, as the case may be, of the reduced applicable amount. |
||||||
Regulation 148(1)(c)(i) |
98 per cent. of the applicable amount for persons in residential accommodation. |
||||||
Regulation 148(1)(d) |
90 per cent. of the applicable amount. |
||||||
Regulation 148A(1)(a)(i)[123] |
90 per cent. of the applicable amount or, as the case may be, of the reduced applicable amount. |
||||||
Regulation 148A(1)(c) |
98 per cent. of the applicable amount for persons in residential accommodation. |
||||||
Regulation 148(1)(d) |
90 per cent. of the applicable amount. |
||||||
Schedule 2, paragraph 5(3) |
The relevant fraction of the applicable amount is the amount calculated by the formula
|
||||||
Schedule 2, paragraph 6(1)(b) |
Half the amount which would fall to be met by applying the provisions of sub-paragraph (a). |
||||||
Schedule 2, paragraph 6(1)(c) |
Nil. |
||||||
Schedule 2, paragraph 7(1)(b) |
Nil. |
||||||
Schedule 2, paragraph 9(1)[124] |
The weekly amount of housing costs is the amount calculated by the formula
|
||||||
Schedule 2, paragraph 10(4) |
£100,000. |
||||||
Schedule 2, paragraph 10(6)(a) |
The alternative appropriate amount shall be calculated using the formula
P × Q |
||||||
Schedule 2, paragraph 10(10) |
The qualifying portion of a loan shall be determined by the formula
|
||||||
Schedule 2, paragraph 11(2) and (3)[125] |
5 per cent. |
[2] See section 189(8) of the Social Security Administration Act 1992 (c.5) ("the Administration Act").back
[3] New requirements for State Maternity Allowance were introduced by section 53 of the 1999 Act (which amended section 35 of the Contributions and Benefits Act in respect of women expecting babies on or after 20th August 2000). The rate is linked with the lower rate of statutory maternity pay set out in S.I. 1986/1960.back
[7] S.I. 1992/1814; the relevant amending instruments are S.I. 1993/688 and 2118, 1994/1924, 1996/462, 1510, 1803, 2518 and 2545, 1998/776 and 1541, 1999/2555, 2000/2239 and 2629 and 2001/207, 2980 and 3767.back
[8] S.I. 1987/1971; the relevant amending instruments are S.I. 1988/1444, 1989/416 and 1017, 1990/546 and 1775, 1991/1599, 1992/50 and 1326, 1993/2118, 1994/578, 1996/462, 1803, 2432, 2518 and 2545, 1997/65, 1998/766 and 1541, 1999/2555, 2000/2239 and 2629 and 2001/2980 and 3767.back
[9] S.I. 1987/1967; the relevant amending instruments are S.I. 1988/663, 910, 999, 1228, 1445 and 2022, 1989/534, 1034 and 1678, 1990/547, 1168, 1776 and 2324, 1991/544, 1992/50, 1326 and 3147, 1993/2119, 1994/527 and 2139, 1995/516, 1613, 2287 and 2927, 1996/206, 1803, 2431, 2518 and 2545, 1997/2197 and 2604, 1999/2555 and 3109, 2000/2239 and 2629 and 2001/207, 2980, 3721 and 3767.back
[10] S.I. 1996/207; the relevant amending instruments are S.I. 1996/1516, 1517, 1803, 2518, 2538 and 2545, 1998/766, 1999/2555, 2000/1978, 2239 and 2629 and 2001/2239 and 2629.back
[12] Section 44(4) was substituted by section 68 of the Social Security Act 1998 (c.14).back
[13] See section 151(1) of the Administration Act.back
[14] Schedule 5 was amended by the 1993 Act, Schedule 8, paragraph 42; the 1994 Act, Schedule 1, paragraph 40; and the Pensions Act 1995, Schedule 4, paragraph 21 and Schedule 7.back
[15] 1975 c.14; section 126A was inserted by section 12 of the Social Security Act 1979 (c.18) and repealed by the Social Security Act 1986 (c.50), section 86, Schedule 11.back
[16] 1986 c.50. Section 63 was repealed by Schedule 1 to the Social Security (Consequential Provisions) Act 1992 (c.6).back
[18] Section 55A was inserted by paragraph 3 of Schedule 6 to the 1999 Act.back
[19] Section 55C was inserted by paragraph 3 of Schedule 6 to the 1999 Act.back
[20] See section 151(2) of the Administration Act.back
[21] See section 151(4) of the Administration Act. Under section 151(4) where an increment under section 15(1) of the 1993 Act is increased by an order under section 109 of that Act, the increase that would otherwise fall to be made by this Order is reduced by the amount of the increase under section 109. Section 109 of the 1993 Act was amended by section 55 of the Pensions Act 1995.back
[22] Section 30B was inserted by section 2(1) of the 1994 Act and amended by paragraph 21(3) of Schedule 4 to the Pensions Act 1995.back
[23] Child's special allowance was abolished except for existing beneficiaries as from 6th April 1987 (see section 56 of the Contributions and Benefits Act).back
[24] Section 47(1) was amended by paragraph 13 of Schedule 1 to the 1994 Act; section 48C was inserted by paragraph 3 of Schedule 4 to the Pensions Act 1995 and amended by paragraph 7 of Schedule 8 to the 1999 Act.back
[25] Section 73(1) was amended by paragraph 49(2) of Schedule 2 to the 1995 Act.back
[26] See sections 82(3)(a), 83(2)(b) and 84(2)(b) of the Contributions and Benefits Act, regulations 8 and 10(2) of, and paragraph 7 of Schedule 2 to, the Social Security Benefit (Dependency) Regulations 1977 (S.I. 1977/343) and regulation 10 of the Social Security (Incapacity Benefit - Increases for Dependants) Regulations 1994 (S.I. 1994/2945). Relevant amending instruments are S.I. 1984/1698 and 1699, 1989/523 and 1642, 1992/3041, 1994/2945 and 1996/1345 and 2745.back
[27] S.I. 1986/1960; relevant amending instrument is S.I. 2001/207.back
[28] 1965 c.51. Sections 36 and 37 were repealed by the Social Security Act 1973 (c.38) but are continued in force by regulation 3 of the Social Security (Graduated Retirement Benefit) (No. 2) Regulations 1978 (S.I. 1978/393), in the modified form set out in Schedule 1 to those Regulations; relevant amending instrument is S.I. 1989/1642. See also regulation 2 of those Regulations, which was substituted by S.I. 1995/2606.back
[29] S.I. 1978/393; relevant amending instrument is S.I. 1989/1642.back
[30] S.I. 1991/2890; relevant amending instruments are S.I. 1993/1939 and 2001/207.back
[31] S.I. 1976/1267; see the Child Benefit and Social Security (Fixing and Adjustment of Rates) (Amendment) Regulations 1998 (S.I. 1998/1581) which revoked regulation 2(1)(a)(ii) of S.I. 1976/1267 and made transitional and saving provisions. Relevant amending instruments are S.I. 1977/1328, 1991/502, 1996/1803, 1998/1581 and 2001/207.back
[32] S.I. 1994/2946; relevant amending instrument is S.I. 2001/207.back
[33] S.I. 1995/310; relevant amending instrument is S.I. 2001/207.back
[34] Relevant amending instruments are S.I. 1996/1803, 1998/766, 1999/2555, 2000/636 and 1993.back
[35] Schedule 3 was substituted by S.I. 1995/1613; relevant amending instruments are S.I. 1995/2927 and 1996/2518.back
[36] Relevant amending instruments are S.I. 1994/527, 1995/516 and 1996/599.back
[37] S.I. 1987/1969; relevant amending instruments are S.I. 1988/521 and 670, 1989/1626 and 1991/1600.back
[38] See section 126(8) of the Contributions and Benefits Act.back
[39] Relevant amending instruments are S.I. 1996/1803 and 2432.back
[40] Relevant amending instruments are S.I. 1990/546, 1992/50 and 1996/2518.back
[41] Paragraph 1A was inserted by S.I. 1988/1444 and amended by S.I. 1989/416 and 1997/65.back
[42] Relevant amending instruments are S.I. 1988/1444 and 1996/599.back
[43] Relevant amending instruments are S.I. 1996/1803 and 1998/766.back
[44] Relevant amending instruments are S.I. 1994/578 and 1996/599.back
[45] Relevant amending instruments are S.I. 1993/688 and 1996/1803.back
[46] Relevant amending instruments are S.I. 1996/2518 and 2001/207.back
[47] Relevant amending instruments are S.I. 1996/1803 and 1998/766.back
[48] Relevant amending instruments are S.I. 1994/578 and 1996/599.back
[49] Relevant amending instruments are S.I. 1996/1803 and 1998/766.back
[50] Part IVB was inserted by S.I. 2000/1978.back
[51] Relevant amending instrument is S.I. 1996/2518.back
[52] Schedule 5A was inserted by S.I. 2000/1978.back
[53] See section 15(6) of the 1995 Act.back
[55] Paragraph 1 was repealed by section 41(5) of, and Schedule 3 to, the 1995 Act. Paragraph 2 was substituted and paragraph 2A was inserted by section 2(2) of the 1994 Act; paragraph 3 was repealed by section 11(2) of, and Schedule 2 to, that Act. Paragraph 5 was amended by paragraph 21 of Schedule 4 to the Pensions Act 1995.back
[56] Part II was substituted by section 54(2) of the 1999 Act.back
[57] Paragraph 1 was repealed by section 41(5) of, and Schedule 3 to, the 1995 Act. Paragraph 1A was inserted, and paragraph 2 substituted, by section 2(6) of the 1994 Act.back
[58] Paragraph 4A was inserted by paragraph 14 of Schedule 8 to the 1999 Act.back
[59] Industrial Death Benefit payable under Part VI of Schedule 7 to the Contributions and Benefits Act is payable in relation only to deaths occurring before 11th April 1988 (paragraph 14(1) of Schedule 7 to the Contributions and Benefits Act). The initial rate of Widow's Pension relates only to the period of 26 weeks following the date of the deceased's death (paragraph 16(1) of that Schedule). The rate stated is therefore the rate applicable for the 26 weeks following 10th April 1988.back
[60] Sub-paragraphs (1) and (2) were substituted by S.I. 1990/1168 and amended by S.I. 1996/206 and 2001/2980.back
[61] Sub-paragraph (3) was substituted by S.I. 1996/206.back
[62] Relevant amending instruments are S.I. 1999/2555 and 2001/2980.back
[63] Paragraph 2A was inserted by S.I. 1992/3147. Relevant amending instrument is S.I. 2001/3767.back
[64] Sub-paragraph (1A) was inserted by S.I. 2000/2239.back
[65] Sub-paragraphs (2) and (2A) were substituted by S.I. 1989/534.back
[66] Sub-paragraph (7) was added by S.I. 1990/1776.back
[67] Sub-paragraph (8) was added by S.I. 2000/2629.back
[68] Relevant amending instruments are S.I. 1988/1445 and 2022, 1990/547 and 1996/1803.back
[70] Paragraph 2A was inserted by S.I. 1990/547; relevant amending instrument is S.I. 1998/563.back
[74] Relevant amending instrument is S.I. 1988/1445.back
[75] Paragraphs 10A and 10B were inserted by S.I. 1988/663; relevant amending instruments are S.I. 1988/1445 and 2022, 1989/534, 1992/3147 and 2001/3767.back
[76] Paragraph 10C was inserted by S.I. 1988/2022; relevant amending instruments are S.I.1990/547, 1992/3147 and 1996/1803.back
[77] Relevant amending instruments are S.I. 1988/1445, 1990/547 and 1992/3147.back
[78] Paragraph 13A was inserted by S.I. 1989/1678; relevant amending instruments are S.I. 1995/516 and 1997/2197.back
[79] See Part II of this Schedule for the figures in paragraphs (a) to (c) of paragraph 13A(3).back
[80] Paragraph 13B was inserted by S.I. 1994/2139.back
[81] Relevant amending instrument is S.I. 2000/636.back
[82] Regulation 22A was inserted by S.I. 1996/206 and paragraph (1) was amended by S.I. 1999/3109.back
[83] Relevant amending instruments are S.I. 1988/663, 1992/3147, 1993/2119, 1994/527 and 1996/206.back
[84] Schedule 3 was substituted by S.I. 1995/1613.back
[85] Relevant amending instrument is S.I. 1995/2927.back
[86] Relevant amending instrument is S.I. 2001/3651.back
[87] Paragraph 11(11) was inserted by S.I. 1995/2927.back
[88] Relevant amending instrument is S.I. 2001/3721.back
[89] Paragraph (a) was omitted by S.I. 1989/1017.back
[90] Relevant amending instruments are S.I. 1999/2555 and 2001/2980.back
[91] Sub-paragraph (1) was omitted by S.I. 1996/1803.back
[92] Sub-paragraph (1A) was inserted by S.I. 2000/2239.back
[93] Sub-paragraphs (2) and (2A) were substituted by S.I. 1989/416.back
[94] Relevant amending instrument is S.I. 1996/462.back
[95] Sub-paragraph (7) was added by S.I. 1990/1775.back
[96] Sub-paragraph (9) was added by S.I. 2000/2629.back
[97] Relevant amending instruments are S.I. 1999/2555 and 2001/2980.back
[98] Sub-paragraph (1) was omitted by S.I. 1996/1803.back
[99] Sub-paragraph (1A) was inserted by S.I. 2000/2239.back
[100] Relevant amending instrument is S.I. 1996/462.back
[101] Sub-paragraph (9) was added by S.I. 2000/2629.back
[102] Relevant amending instrument is S.I. 1996/1516.back
[103] Relevant amending instruments are S.I. 1999/2555 and 2001/2980.back
[104] Sub-paragraph (1A) was inserted by S.I. 2000/2239.back
[105] Sub-paragraph (9) was added by S.I. 2000/2629.back
[106] Part IVB was inserted by S.I. 2000/1978.back
[107] Relevant amending instrument is S.I. 2001/518.back
[108] Sub-paragraph (6) was added by S.I. 2000/2629.back
[109] Relevant amending instrument is S.I. 1996/1516.back
[110] Relevant amending instruments are S.I. 1996/1516 and 2001/3767.back
[111] Relevant amending instrument is S.I. 1996/1803.back
[112] Relevant amending instrument is S.I. 1996/1516.back
[113] Relevant amending instrument is S.I. 2000/636.back
[114] Schedule 5A was inserted by S.I. 2000/1978.back
[115] 1947 c.19; Section 3(1) was amended by the Ministry of Social Security Act 1966 (c.20), section 39(1) and Schedule 6 and by the Social Security Act 1980 (c.30), section 20(1) and Schedule 4, paragraph 1(1)(a).back
[116] 1973 c.50; section 2 was substituted by the Employment Act 1988 (c.19), section 25(1) and amended by section 29(4) of, and Part I of Schedule 7 to, the Employment Act 1989 (c.38) and section 47(1) of the Trade Union Reform and Employment Rights Act 1993 (c.19).back
[118] Relevant amending instrument is S.I. 2001/3767.back
[119] Relevant amending instrument is S.I. 2001/3767.back
[120] Relevant amending instrument is S.I. 2001/3767.back
[121] Relevant amending instrument is S.I. 1996/1516.back
[122] Regulation 146G was inserted by S.I. 2000/1978.back
[123] Regulation 148A was inserted by S.I. 2000/1978.back
[124] Relevant amending instrument is S.I. 2001/3651.back
[125] Relevant amending instrument is S.I. 1996/1517.back