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The Social Security Benefits Up-rating Order (Northern Ireland) 2001

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Applicable Amounts of Joint-Claim Couples in Special Cases as amended by this Order

Column (1)Column (2)
Patients

1.  Subject to paragraphs 9 and 11, a joint-claim couple where one member—

(a)has been a patient for more than 6 weeks;

(a)The applicable amount under regulation 86A reduced by £14·50;

(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 6 weeks.

(b)The applicable amount under regulation 86B reduced by £14·50 in respect of each member of the polygamous marriage who is a patient.

Joint-claim couple without accommodation

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

2.  The amount applicable to the couple under regulation 86A(a) 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—

4.  Either—

(a)one member is—

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

(ii)resident in a residential care home,

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

(iv)participating in arrangements for training made under sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945(1) or arranged under section 1(1) of the Employment and Training Act (Northern Ireland) 1950(2), where the course requires him to live away from the dwelling occupied as the home, or

(v)in a probation hostel or other establishment for use in connection with the supervision and assistance of offenders, provided and maintained, or under arrangements entered into, by the Probation Board for Northern Ireland with the approval of the Secretary of State; and

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

(b)the aggregrate of the resident in a residential claimants assessed under the provisions of these Regulations as if each of them were a single claimant, whichever is the greater.

(b)the other member is—

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

(ii)a patient,

(iii)in residential accommodation, or

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

Polygamous marriages where one or more members 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 livving in the home while the other member is –

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

(b)resident in a residential care home;

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

(d)attending a course of training or instruction or approved by the Department of Higher and Further Education, Training and Employment where the course requires him to live away from home; or

(e)in a probation hostel or other establishment for use in connection with the supervision and assistance of offenders, provided and maintained, or under arrangements entered into, by the Probation Board for Northern Ireland with the approval of the Secretary of State.

(a)the amount applicable to the joint – claim couple under regulation 86B, or

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

whichever is the greater.
Joint-claim couples and members of polygamous marriages where one member is or all are temporarily in accommodation provided by a Health and Social Services Board or an HSS trust

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 provided by a Health and Social Services Board or an HSS trust of a kind specified in the definition of a kind specified in the definition of residential accommodation in regulatio 85.

6  –:

(1) The aggregate of the amount applicable for the claimant who remains in the home calculated as if he were a single claimant under regulation 83, 85 or 86 and in respect of the other joint - claimant £72·50 of which £16·05 is for personal expenses.

(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).

(2) The aggregate of the amount 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, £72·50 of which £16·05 is for personal expenses.

(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).

(3) For each member of that couple or marriage £72·50 of which £16·05 is for personal expenses plus, if appropriate, the amount applicable under regulation 84A(d) and 84B(e).

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

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

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

(b)in any other circumstances.

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

(b)for the first 4 weeks of that absence, the amount applicable to them as a couple under regulation 86A or 86D, as the case may be, and thereafter the amount applicable to the claimant in Northern Ireland under regulation 83 or 86, 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

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

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

(c)the other member and one or more of his partners or 2 or more of his partners are,

temporarily absent from the United Kingdom.

8.  For the first 4 weeks of that absence, the amount applicable to the joint-claim couple under regulations 86B to 86D, as the case may be, and thereafter, if the joint-claim couple are in Northern Ireland the amount applicable to them under regulations 86B to 86D, 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.

9.  —

(1) £72·50 of which £16·05 is for personal expenses.

(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.

(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.

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

10.  A joint-claim couple where a member is temporarily absent from accommodation for which he is liable to pay a retaining fee, and, but for his temporary absence from that accommodation, his applicable amount would be calculated in accordance with regulation 86D, and

(a)he is a person in accommodation provided by a Health and Social Services Board or an HSS trust of a kind specified in the definition of residential accommodation in regulation 85(4) and paragraph 9 does not apply to him by reason only that his stay in that accommodation has not become other than temporary; or

(b)he is a person to whom paragraph 1 applies.

10.  The amount otherwise applicable to the joint-claim couple under these Regulations may be increased to take account of the retaining fee by an amount not exceeding 80 per cent. of the applicable amount referred to in paragraph 1(1)(a) of Schedule 3A and any such increase shall not be for a continuous period of more than 52 weeks.

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

11.  A joint-claim couple to whom regulation 86D applies immediately before either member became a patient where—

(a)that member has been a patient for not more than 2 weeks and—

(a)

(i)continues to be liable to meet the weekly charge for the accommodation without reduction in respect of himself,

(i)The amount which would be applicable under regulation 86D as if the claimant or the member of the family who is a patient were resident in the accommodation to which regulation 86D applies;

(ii)continues to be liable to meet the weekly charge for the accommodation but at a reduced rate; or

(ii)the amount which would be applicable under regulation 86D having taken into account the reduced charge, as if the claimant or the member of the family who is a patient were resident in the accommodation to which regulation 86D applies;

(b)that member is one member of a polygamous marriage and one or more other members of that marriage (other than the other member of the joint-claim couple) has been a patient for a period of more than 6 weeks.

(b)where that member of that marriage remains in the accommodation, the amount applicable to the joint-claim couple as if regulation 86B having taken into account any reduction in charge, continued to apply to that couple except that in respect of the member of the polygamous marriage who has been a patient for more than 6 weeks, no amount shall be applicable in respect of the couple under paragraph 3(2) of Schedule 3A and for the amount in respect of the allowance for personal expenses prescribed by paragraph 11 of Schedule 3A there shall be substituted the amount of £18·15.

(1)

1945 c. 6 (N.I.); sections 2 and 3 were amended by section 1 of the Disabled Persons (Employment) Act (Northern Ireland) 1960 (c. 4 (N.I.)) and Schedule 18 to the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3))

(2)

1950 c. 29 (N.I.); section 1 was amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10))

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