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

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Article 3(1)

SCHEDULE 1Schedule 4 to the Contributions and Benefits Act as amended by this Order

SCHEDULE 4Rates of Benefits, etc.

Part IContributory Periodical Benefits

Description of benefitWeekly rate

2.  Short-term incapacity benefit.

(a)lower rate ... ... ... ...£52·60

(b)higher rate ... ... ... ...£62·20.

2A.  Long-term incapacity benefit.

£69·75.

5.  Category B retirement pension where section 48A(3) applies.

£43·40.

6.  Child’s special allowance.

£11·35.

Part II(1)Bereavement Payment

Bereavement Payment.£2,000·00

Part IIINon-contributory Periodical Benefits

Description of benefitWeekly rate

1.  Attendance allowance.

(a)higher rate ... ... ... ...£55·30

(b)lower rate ... ... ... ...£37·00

(the appropriate rate being determined in accordance with section 65(3)).

2.  Severe disablement allowance.

£42·15.

3.  Age related addition.

(a)higher rate ... ... ... ...£14·65

(b)middle rate ... ... ... ...£9·30

(c)lower rate ... ... ... ...£4·65

(the appropriate rate being determined in accordance with section 69(1)).

4.  Invalid care allowance.

£41·75.

5.  Guardian’s allowance.

£11·35.

6.  Category C retirement pension.

(a)lower rate ... ... ... ...£25·95

(b)higher rate ... ... ... ...£43·40

(the appropriate rate being determined in accordance with section 78(5)).

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.

Part IVIncreases for Dependants

Benefit to which increase appliesIncrease for qualifying childIncrease for adult dependant
(1)(2)(3)
£ £

1A.  Short-term incapacity benefit—

(a)where the beneficiary is under pensionable age

11·3532·55

(a)where the beneficiary is over pensionable age.

11·3540·10

2.  Long-term incapacity benefit.

11·3541·75

3.  Maternity allowance.

32·55

4.  Widowed mother’s allowance.

11·35

4A.  Widowed parent’s allowance

11·35

5.  Category A or B retirement pension.

11·3543·40

6.  Category C retirement pension.

11·3524·95

7.  Child’s special allowance.

11·35

8.  Severe disablement allowance.

11·3525·00

9.  Invalid care allowance.

11·3524·95

Part VRate of Industrial Injuries Benefit

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 disablementAmount
(1)(2)(3)
Per cent.££
100112·9069·15
90101·6162·24
8090·3255·32
7079·0348·41
6067·7441·49
5056·4534·58
4045·1627·66
3033·8720·75
2022·5813·83

2.  Maximum increase of weekly rate of disablement pension where constant attendance needed.

(a)except in cases of exceptionally severe disablement ... ... ... ...£45·20

(b)in any case of exceptionally severe disablement ... ... ... ...£90·40

3.  Increase of weekly rate of disablement pension (exceptionally severe disablement).

£45·20

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 ... ... ... ...£112·90

(b)for any period during which the beneficiary is not over the age of 18 and not so entitled ... ... ... ...£69·15

5.  Unemployability supplement under paragraph 2 of Schedule 7.

£69·75

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 ... ... ... ...£14·65

(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 ... ... ... ...£14·65

(c)if heads (a) and (b) above do not apply and on the qualifying date the beneficiary was under the age of 45 ... ... ... ...£9·30

(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 ... ... ... ...£9·30

(e)in any other case ... ... ... ...£4·65

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.

£41·75

9.  Maximum disablement gratuity under paragraph 9 of Schedule 7.

£7,500·00

10.  Widow’s pension (weekly rates).

(a)initial rate ... ... ... ...£57·65

(b)higher permanent rate ... ... ... ...£72·50

(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).

£72·50

12.  Weekly rate of allowance in respect of children under paragraph 18 of Schedule 7.

In respect of each qualifying child ... ... ... ...£11·35.

Article 16(3)

SCHEDULE 2Part I of Schedule 2 to the Income Support Regulations as amended by this Order

Part IPersonal Allowances

1.  The weekly amounts specified in column (2) in respect of each person or couple specified in column (1) shall be the weekly amounts specified for the purposes of regulations 17(1)(a) and 18(1)(a) and (b) (applicable amounts and polygamous marriages).

Column (1)Column (2)
Person or CoupleAmount

(1) Single claimant aged—

(a)except where head (b) or (c) applies, less than 18;

(a)£31·95;

(b)less than 18 who falls within any of the circumstances specified in paragraph 1A;

(b)£42·00;

(c)less than 18 who satisfies the condition in paragraph 11(a);

(c)£42·00;

(d)not less than 18 but less than 25;

(d)£42·00;

(e)not less than 25.

(e)£53·05.

(2) Lone parent aged—

(a)except where head (b) or (c) applies, less than 18;

(a)£31·95;

(b)less than 18 who falls within any of the circumstances specified in paragraph 1A;

(b)£42·00;

(c)less than 18 who satisfies the condition in paragraph 11(a);

(c)£42·00;

(d)not less than 18.

(d)£53·05.

(3) Couple—

(a)where both members are aged less than 18 and—

(a)£63·35;

(i)at least one of them is treated as responsible for a child,

(ii)had they not been members of a couple, each would have qualified for income support under regulation 4ZA,

(iii)the claimant’s partner satisfies the requirements of Article 5(1)(f)(iii) of the Jobseekers Order (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 Article 18 of the Jobseekers Order (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)£42·00;

(c)where both members are aged less than 18 and heads (a) and (b) do not apply;

(c)£31·95;

(d)where both members are aged not less than 18;

(d)£83·25;

(e)where one member is aged not less than 18 and the other member is a person under 18 who—

(i)qualifies for income support under regulation 4ZA, or who would so qualify if he were not a member of a couple,

(ii)satisfies the requirements of Article 5(1)(f)(iii) of the Jobseekers Order, or

(iii)is the subject of a direction under Article 18 of the Jobseekers Order;

(e)£83·25;

(f)where the claimant is aged not less than 18 but less than 25 and his partner is a person under 18 who—

(i)would not qualify for income support under regulation 4ZA if he were not a member of a couple,

(ii)does not satisfy the requirements of Article 5(1)(f)(iii) of the Jobseekers Order, and

(iii)is not the subject of a direction under Article 18 of the Jobseekers Order;

(f)£42·00;

(g)where the claimant is aged not less than 25 and his partner is a person under 18 who—

(i)would not qualify for income support under regulation 4ZA if he were not a member of a couple,

(ii)does not satisfy the requirements of Article 5(1)(f)(iii) of the Jobseekers Order, and

(iii)is not the subject of a direction under Article 18 of the Jobseekers Order.

(g)£53·05.

2.(1) The weekly amounts specified in column (2) in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the weekly amounts specified for the purposes of regulations 17(1)(b) and 18(1)(c).

Column (1)Column (2)
Child or young personAmount
Person in respect of the period—

(a)beginning on, and including, that person’s date of birth and ending on the day preceding the first Monday in September following that person’s sixteenth birthday;

(a)£31·45;

(b)beginning on, and including, the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s nineteenth birthday.

(b)£32·25.

2A.(1) The weekly amount for the purposes of regulations 17(1)(bb) and 18(1)(cc) in respect of a person who satisfies the conditions specified in sub-paragraph (2) shall be £63·30.

Article 16(5)

SCHEDULE 3Part IV of Schedule 2 to the Income Support Regulations as amended by this Order

Part IVWeekly Amounts of Premiums Specified in Part III

PremiumAmount

15.  

(1A) Bereavement Premium

£19·45.

(2) Pensioner Premium for persons aged under 75—

(a)where the claimant satisfies the condition in paragraph 9(a);

(a)£39·10;

(b)where the claimant satisfies the condition in paragraph 9(b).

(b)£57·30.

(2A) Pensioner Premium for persons aged 75 and over—

(a)where the claimant satisfies the condition in paragraph 9A(a);

(a)£39·10;

(b)where the claimant satisfies the condition in paragraph 9A(b).

(b)£57·30.

(3) Higher Pensioner Premium—

(a)where the claimant satisfies the condition in paragraph 10(1)(a) or (b);

(a)£39·10;

(b)where the claimant satisfies the condition in paragraph 10(2)(a) or (b).

(b)£57·30.

(4) Disability Premium—

(a)where the claimant satisfies the condition in paragraph 11(a);

(a)£22·60;

(b)where the claimant satisfies the condition in paragraph 11(b).

(b)£32·25.

(5) Severe Disability Premium—

(a)where the claimant satisfies the condition in paragraph 13(2)(a);

(a)£41·55;

(b)where the claimant satisfies the condition in paragraph 13(2)(b)—

(b)

(i)if 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),

(i)£41·55,

(ii)if no one is in receipt of such an allowance.

(ii)£83·10.

(6) Disabled Child Premium.

(6) £30·00 in respect of each child or young person in respect of whom the condition specified in paragraph 14 is satisfied.

(7) Carer Premium.

(7) £24·40 in respect of each person who satisfies the condition specified in paragraph 14ZA.

(8) Enhanced disability premium where the conditions in paragraph 13A are satisfied.

(8) (a) £11·05 in respect of each child or young person in respect of whom the conditions specified in paragraph 13A are satisfied;

(b)£11·05 in respect of each person who is neither—

(i)a child or young person, nor

(ii)a member of a couple or a polygamous marriage, in respect of whom the conditions specified in paragraph 13A are satisfied;

(c)£16·00 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 13A are satisfied in respect of a member of that couple or polygamous marriage.

Article 16(7)

SCHEDULE 4Income Support: Applicable Amounts of Persons in Homes for Persons in Need and Nursing Homes

Part IProvisions in Schedule 4 to the Income Support Regulations as amended by this Order

Homes for persons in need

6.—(1) Subject to sub-paragraph (2) and paragraphs 8 to 10, where the accommodation provided for the claimant is a home for persons in need, for persons in need of personal care by virtue of—

(a)old age and infirmity, the appropriate amount shall be £225·00 per week;

(b)past or present mental disorder but excluding mental handicap, the appropriate amount shall be £238·00 per week;

(c)past or present drug or alcohol dependence, the appropriate amount shall be £238·00 per week;

(d)mental handicap, the appropriate amount shall be £271·00 per week;

(e)physical disablement, the appropriate amount shall be—

(i)in the case of a person to whom paragraph 8 applies, £308·00 per week, or

(ii)in any other case, £225·00 per week.

Nursing homes

7.  Subject to paragraphs 8 to 10, where the accommodation provided for the claimant is a nursing home for persons in need of personal care by virtue of—

(a)past or present mental disorder but excluding mental handicap, the appropriate amount shall be £337·00 per week;

(b)mental handicap, the appropriate amount shall be £343·00 per week;

(c)past or present drug or alcohol dependence, the appropriate amount shall be £337·00 per week;

(d)physical disablement, the appropriate amount shall be—

(i)in the case of a person to whom paragraph 8 applies, £379·00 per week, or

(ii)in any other case, £336·00 per week;

(e)terminal illness, the appropriate amount shall be £336·00 per week; or

(f)any condition not falling within sub-paragraphs (a) to (e), the appropriate amount shall be £336·00 per week.

Personal allowances

12.  The allowance for personal expenses for the claimant and each member of his family referred to in paragraph 1(1)(b) shall be—

(a)for the claimant £16·05; and, if he has a partner, for his partner, £16·05;

(b)for a young person aged 18, £15·25;

(c)for a young person aged under 18 but over 16, £10·55;

(d)for a child aged under 16 but over 11, £9·15;

(e)for a child aged under 11, £6·25.

Part IIOther sums specified in Schedule 4 to the Income Support Regulations

Paragraph in Schedule 4Specified Sum
2(2) (b)(i) } increases for mealsdaily £1·10
2(2)(b)(ii) } increases for mealsdaily £1·55
2(2)(b)(iii) } increases for mealsdaily £1·55

Article 16(8)

SCHEDULE 5Income Support: Applicable Amounts in Special Cases

Part IProvisions in Schedule 7 to the Income Support Regulations as amended by this Order

Column (1)Column (2)
Patients

1.  Subject to paragraphs 2, 2A, 3 and 16, a person who has been a patient for a period of more than 6 weeks and who is—

(a)a single claimant;

(a)£18·15 plus any amount applicable under regulation 17(1)( e), (f) or (g);

(b)a lone parent;

(b)£18·15 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)

(i)where only one of the couple is a patient or, where both members of the couple are patients but only one has been a patient for that period,

(i)the amount applicable in respect of both of them under regulation 17(1) (applicable amounts) reduced by £14·50,

(ii)where both members of the couple have been a patient for that period;

(ii)£36·30 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)

(i)where at least one member of the polygamous marriage is not a patient or has not been a patient for more than that period,

(i)the applicable amount under regulation 18 (polygamous marriages) shall be reduced by £14·50 in respect of each such member who is a patient,

(ii)where all the members of the polygamous marriage have been patients for more than that period.

(ii)the applicable amount shall be £18·15 in respect of each member plus any amounts applicable under regulation 18(1)(c), (d), (f), (g) or (h), or (e) because of his satisfying the condition specified in paragraph 14 of Schedule 2.

2.  A single claimant who has been a patient for a continuous period of more than 52 weeks, where—

(a)the following conditions are satisfied—

(i)a person has been appointed to act for him under regulation 33 of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(2) (persons unable to act),

(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

(a)Such amount (if any) not exceeding £14·50 as is reasonable having regard to the views of the hospital staff and the patient’s relatives if available as to the amount necessary for his personal use; or

(b)those conditions are not satisfied.

(b)£14·50.

2A. A single claimant who is detained in hospital under the provisions of the Mental Health (Northern Ireland) Order 1986(3) and who immediately before his detention under that Order was a prisoner.

2A. £14·50.

3.  Subject to paragraph 16—

(a)a claimant who is not a patient and who is a member of a family of which another member is a child or young person who has been a patient for a period of more than 12 weeks; or

(a)The amount applicable to him under regulation 17(1) or 18 except that the amount applicable under regulation 17(1)(b) or 18(1)(c) in respect of the child or young person referred to in column (1) of this paragraph shall be £14·50 instead of an amount determined in accordance with paragraph 2 of Schedule 2; or

(b)where the person is a member of a family and paragraph 1 applies to him and another member of the family who is a child or young person has been a patient for a period of more than 12 weeks.

(b)the amount applicable to him under paragraph 1 except that the amount applicable under regulation 17(1)(b) or 18(1)(c) in respect of the child or young person referred to in column (1) of this paragraph shall be £14·50 instead of an amount determined in accordance with paragraph 2 of Schedule 2.

Single claimants temporarily in accommodation provided by a Health and Social Services Board

10A.  A single claimant who is temporarily in accommodation referred to in sub-paragraph (a) or (b) (excluding heads (i) and (ii) of those sub-paragraphs) of the definition of “residential accommodation” in regulation 21(3) (special cases).

10A.  £72·50 of which £16·05 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 accommodation provided by a Health and Social Services Board

10B.  —

(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 referred to in sub-paragraph (a) or (b) (excluding heads (i) and (ii) of those sub-paragraphs) of the definition of “residential accommodation” in regulation 21(3).

10B.  —

(1) The aggregate of the amount applicable to the member who remains in the home calculated as if he were a single claimant under regulation 17(1), 19 or 21 and in respect of the other member, £72·50 of which £16·05 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 £72·50 of which £16·05 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 £72·50 of which £16·05 is for personal expenses plus, if appropriate, the amount applicable under regulation 17(1)(e), (f) or (g) or 18(1)(f), (g) or (h).

Lone parents who are in residential accommodation temporarily

10C.  A claimant who is a lone parent who has entered residential accommodation temporarily.

10C.  £72·50 of which £16·05 is for personal expenses plus—

(a)in respect of each child or young person who is a member of his family, the amount in respect of him prescribed in paragraph 2(a), (b), (c) or (d) of Schedule 2 or under this Schedule as appropriate; and

(b)any amount which would be applicable to the claimant if he were not temporarily living away from the dwelling occupied as his home, under regulation 17(1)(c), (e), (f) or (g).

Persons in residential accommodation

13.  —

(1) Subject to sub-paragraph (2), a person in, or only temporarily absent from, residential accommodation who is—

13.  —

(1) Any amount applicable under regulation 17(1)(f) or (g) or 18(1)(g) or (h), plus—

(a)a single claimant;

(a)£72·50 of which £16·05 is for personal expenses;

(b)a lone parent;

(b)the amount specified in head (a) of this column;

(c)one of a couple;

(c)twice the amount specified in head (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;

(e)a member of a polygamous marriage.

(e)the amount specified in head (a) 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 the Department.

(2) Any amount applicable under regulation 17(1)(f) or (g), plus £16·05.

Persons in homes for persons in need or nursing homes who become patients

16.  A claimant to whom regulation 19 applies immediately before he or a member of his family became a patient where—

(a)he or any member of his family has been a patient for a period of 6 weeks or less and the claimant—

(a)

(i)continues to be liable to meet the weekly charge for the accommodation without reduction in respect of himself or that member of his family who is a patient,

(i)The amount which would be applicable under regulation 19 as if the claimant or the member of the family who is a patient were resident in the accommodation to which regulation 19 applies,

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

(ii)the amount which would be applicable under regulation 19 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 19 applies,

(iii)is a single claimant and is likely to return to the accommodation, but has ceased to be liable to meet the weekly charge for that accommodation, or

(iii)the amount applicable to him (if any) under paragraph 2(2) of Schedule 4 plus the amount in respect of him as an allowance for personal expenses prescribed by paragraph 12 of Schedule 4 as if he were residing in the accommodation to which regulation 19 applies plus any amount applicable under regulation 17(1)(f), or

(iv)is a single claimant who ceases to be liable to meet the weekly charge for the accommodation and who is unlikely to return to that accommodation;

(iv)the amount which would be applicable to him under regulation 17(1);

(b)he or his partner has been a patient for a period of more than 6 weeks and the patient is—

(b)

(i)a single claimant,

(i)£18·15, plus any amount applicable under regulation 17(1)(f), plus either the amount prescribed in paragraph 14 in respect of any retaining fee he is liable to pay for the accommodation or the amount applicable under regulation 17(1)(e), but not both,

(ii)a lone parent,

(ii)where one or more children or young persons remain in the accommodation, the amount applicable to the family as if regulation 19, having taken into account any reduction in charge, continued to apply to all the members of the family except that where the lone parent is the patient no amount shall be applicable in respect of him under paragraph 2(2) of Schedule 4 and for the amount in respect of the allowance for personal expenses prescribed by paragraph 12 of Schedule 4 there shall be substituted £18·15,

  • where all the children or young persons are absent from the accommodation, £18·15 plus any amounts applicable to him under regulation 17(1)(b), (c), (d) or (f) plus (if appropriate) either the amount applicable under column (2) of paragraph 14(a) or the amount applicable under regulation 17(1)(e), but not both,

  • where one or more children or young persons are also patients and have been so for more than 12 weeks, in respect of those children and young persons remaining in the accommodation and the lone parent patient, the amount specified in case one of column (2) of this head save that the child or young person who has been a patient for more that 12 weeks shall be disregarded as a member of the family in assessing the amount applicable under regulation 19, and in respect of each such child or young person there shall be added £18·15,

(iii)one of a couple or polygamous marriage and one of that couple or marriage is not a patient or has been a patient for 6 weeks or less,

(iii)where the members of the family not patients remain in the accommodation, the amount applicable to the family as if regulation 19, having taken into account any reduction in charge, continued to apply to all the members of the family except that in respect of the member of the couple or polygamous marriage who has been a patient for more than 6 weeks no amount shall be applicable in respect of him under paragraph 2(2) of Schedule 4 and for the amount in respect of the allowance for personal expenses prescribed by paragraph 12 of Schedule 4 there shall be substituted £18·15,

  • where one or more children or young persons are also patients and have been so for more than 12 weeks, in respect of those children and young persons and the member of the couple or polygamous marriage remaining in the accommodation, the amount specified in case one of column (2) of this head save that the child or young person who has been a patient for more than 12 weeks shall be disregarded as a member of the family in assessing the amount applicable under regulation 19 and in respect of each such child or young person there shall be added £14·50,

(iv)one of a couple or polygamous marriage where all the members of that couple or marriage are patients and have been so for more than 6 weeks;

(iv)where there is no child or young person in the family, £18·15 in respect of each member of the couple or polygamous marriage, plus any amount applicable under regulation 17(1)(f) or 18(1)(g), plus either the amount prescribed in paragraph 14 in respect of any retaining fee for the accommodation he is liable to pay or the amount applicable under regulation 17(1)(e) or 18(1)(f), but not both,

  • where there is a child or young person remaining in the accommodation, the amount which would be applicable in respect of the family as if regulation 19, having taken into account any reduction in charge, continued to apply to all the members of the family except that in respect of each member of the couple or polygamous marriage no amount shall be applicable in respect of him under paragraph 2(2) of Schedule 4 and for the amount in respect of the allowance for personal expenses prescribed by paragraph 12 of Schedule 4 in respect of each member there shall be substituted £18·15,

  • where there is a child or young person in the family but no child or young person remains in the accommodation, the amount applicable under column (2) of paragraph 1(c) or (d), as the case may be, plus either the amount applicable under column (2) of paragraph 14(a) or the amount applicable under regulation 17(1)(e) or 18(1)(f), but not both,

  • where one or more children or young persons are also patients and have been so for more than 12 weeks, in respect of those children and young persons remaining in the accommodation and the members of the couple or polygamous marriage, the amount specified in case 2 of column (2) of sub- paragraph (b)(iv) save that the child or young person who has been a patient for more than 12 weeks shall be disregarded as a member of the family in assessing the amount applicable under regulation 19, and in respect of each such child or young person there shall be added £14·50;

(c)a child or young person who has been a patient for a period of more than 12 weeks.

(c)the amount applicable under regulation 19 as if that child or young person was not a member of the family plus an amount of £14·50 in respect of that child or young person.

Part IIOther sums specified in Schedule 7 to the Income Support Regulations

Paragraph in Schedule 7Specified Sum

7.  Members of religious orders

Nil.

8.  Prisoners

Nil.

14.  Persons temporarily absent from home for persons in need or nursing home

80 per cent.

15.  Persons from abroad

Nil.

Article 16(9)

SCHEDULE 6Other applicable amounts specified in the Income Support Regulations

Provisions in Income Support RegulationsSpecified Sum
Regulation 22A(1)(4)Applicable amount to be reduced by a sum equivalent to 20 per cent. of the specified amount.
Regulation 71(1)(a)(i)90 per cent. of the amount applicable or, as the case may be, of the reduced amount.
Regulation 71(1)(b)(i)90 per cent. of the amount of the allowance for personal expenses 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)(5) Schedule 3(6), paragraph 6(1)(b)90 per cent. of the applicable amount. 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 the eligible interest.
Schedule 3, paragraph 8(1)(b)Nil.
Schedule 3, paragraph 10(1)

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)

The qualifying portion of a loan shall be determined by the formula

Schedule 3, paragraph 12(1)(a)7·44 per cent.
Schedule 3, paragraph 12(2) and (3)5 per cent.

Article 19(6)

SCHEDULE 7Part I of Schedule 2 to the Housing Benefit Regulations as amended by this Order

Part IPersonal Allowances

1.  The amounts specified in column (2) in respect of each person or couple specified in column (1) shall be the amounts specified for the purposes of regulations 16(a) and 17(a) and (b)—

Column (1)Column (2)
Person or CoupleAmount

(1) Single claimant aged—

(b)less than 25;

(b)£42·00;

(c)not less than 25.

(c)£53·05.

(2) Lone parent aged—

(a)less than 18;

(a)£42·00;

(b)not less than 18.

(b)£53·05.

(3) Couple—

(a)where both members are aged less than 18;

(a)£63·35;

(b)where at least one member is aged not less than 18.

(b)£83·25.

2.—(1) The amounts specified in column (2) in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the amounts specified for the purposes of regulations 16(b) and 17(c)—

Column (1)Column (2)
Child or young personAmount
Person in respect of the period—

(a)beginning on, and including, that person’s date of birth and ending on the day preceding the first Monday in September following that person’s sixteenth birthday;

(a)£31·45;

(b)beginning on, and including, the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s nineteenth birthday.

(b)£32·25.

Article 19(8)

SCHEDULE 8Part IV of Schedule 2 to the Housing Benefit Regulations as amended by this Order

Part IVAmounts of Premiums Specified in Part III

PremiumAmount

15.  

(1A) Bereavement Premium

(1A) £19·45.

(2) Pensioner Premium for persons aged under 75—

(a)where the claimant satisfies the condition in paragraph 9(a);

(a)£39·10;

(b)where the claimant satisfies the condition in paragraph 9(b).

(b)£57·30.

(3) Pensioner Premium for persons aged 75 and over—

(a)where the claimant satisfies the condition in paragraph 9A(a);

(a)£39·10;

(b)where the claimant satisfies the condition in paragraph 9A(b).

(b)£57·30.

(4)Higher Pensioner Premium—

(4)

(a)where the claimant satisfies the condition in paragraph 10(1)(a) or (b);

(a)£39·10;

(b)where the claimant satisfies the condition in paragraph 10(2)(a) or (b).

(b)£57·30.

(5) Disability Premium—

(a)where the claimant satisfies the condition in paragraph 11(a);

(a)£22·60;

(b)where the claimant satisfies the condition in paragraph 11(b).

(b)£32·25.

(6) Severe Disability Premium—

(a)where the claimant satisfies the condition in paragraph 13(2)(a);

(a)£41·55;

(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);

(i)£41·55;

(ii)in a case where there is no-one in receipt of such an allowance.

(ii)£83·10.

(7) Disabled Child Premium.

(7) £30·00 in respect of each child or young person in respect of whom the condition specified in paragraph 14 is satisfied.

(8) Carer Premium.

(8) £24·40 in respect of each person who satisfies the condition specified in paragraph 14ZA.

(9) Enhanced Disability Premium where the conditions in paragraph 13A are satisfied.

(9) (a) £11·05 in respect of each child or young person in respect of whom the conditions specified in paragraph 13A are satisfied;

(b)£11·05 in respect of each person who is neither—

(i)a child or young person, nor

(ii)a member of a couple or a polygamous marriage, in respect of whom the conditions specified in paragraph 13A are satisfied;

(c)£16·00 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 13A are satisfied in respect of a member of that couple or polygamous marriage.

Article 21(3)

SCHEDULE 9Part I of Schedule 1 to the Jobseeker’s Allowance Regulations as amended by this Order

Part IPersonal Allowances

1.  The weekly amounts specified in column (2) in respect of each person or couple specified in column (1) shall be the weekly amounts specified for the purposes of regulations 83, 84(1), 86A and 86B (applicable amounts and polygamous marriages).

Column (1)Column (2)
Person or CoupleAmount

(1) Single claimant aged—

(a)except where head (b) or (c) applies, less than 18;

(a)£31·95;

(b)less than 18 who falls within regulation 57(2) and who—

(i)is a person to whom regulation 59, 60 or 61 applies, or

(ii)is the subject of a direction under Article 18 of the Order;

(b)£42·00;

(c)less than 18 who satisfies the condition in paragraph 13(a) of Part III;

(c)£42·00;

(d)not less than 18 but less than 25;

(d)£42·00;

(e)not less than 25.

(e)£53·05.

(2) Lone parent aged—

(a)except where head (b) or (c) applies, less than 18;

(a)£31·95;

(b)less than 18 who falls within regulation 57(2) and who—

(i)is a person to whom regulation 59, 60 or 61 applies, or

(ii)is the subject of a direction under Article 18 of the Order;

(b)£42·00;

(c)less than 18 who satisfies the condition in paragraph 13(a) of Part III;

(c)£42·00;

(d)not less than 18.

(d)£53·05.

(3) Couple—

(a)where both members are aged less than 18 and—

(i)at least one of them is treated as responsible for a child;

(ii)had they not been members of a couple, each would have been a person to whom regulation 59, 60 or 61 applied;

(iii)had they not been members of a couple, the claimant would have been a person to whom regulation 59, 60 or or 61 applied and his partner satisfies the requirements for entitlement to income support other than the requirement to make a claim for it;

(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;

(iva)they are married and each member of the couple is a person to whom regulation 59, 60 or 61 applies;

(v)there is a direction under Article 18 of the Order in respect of each member;

(vi)there is a direction under Article 18 of the Order 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 Article 18 of the Order 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)£63·35;

(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 regulation 57(2) and either—

(i)is a person to whom regulation 59, 60 or 61 applies, or

(ii)is the subject of a direction under Article 18 of the Order;

(b)£42·00;

(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—

(i)is a person to whom regulation 59, 60 or 61 applies, or

(ii)is the subject of a direction under Article 18 of the Order;

(c)£31·95;

(i)is a person to whom regulation 59, 60 or 61 applies, or

(ii)is the subject of a direction under Article 18 of the Order;

(d)where both members are aged less than 18 and head (a), (b) or (c) of sub-paragraph (3) does not apply but one member of the couple is a person who satisfies the requirements of paragraph 13(a);

(d)£42·00;

(e)where both members are aged not less than 18;

(e)£83·25;

(f)where one member is aged not less than 18 and the other member is a person under 18 who—

(i)is a person to whom regulation 59, 60 or 61 applies, or

(ii)is the subject of a direction under Article 18 of the Order, and

(iii)satisfies requirements for entitlement to income support other than the requirement to make a claim for it;

(f)£83·25;

(g)where one member is aged not less than 18 but less than 25 and the other member is a person under 18—

(i)to whom none of regulations 59 to 61 applies, or

(ii)who is not the subject of a direction under Article 18 of the Order, and

(iii)does not satisfy requirements for entitlement to income support disregarding the requirement to make a claim for it;

(g)£42·00;

(h)where one member is aged not less than 25 and the other member is a person under 18—

(i)to whom none of regulations 59 to 61 applies, or

(ii)who is not the subject of a direction under Article 18 of the Order, and

(iii)does not satisfy requirements for entitlement to income support disregarding the requirement to make a claim for it.

(h)£53·05.

2.(1) The weekly amounts specified in column (2) in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the weekly amounts specified for the purposes of regulations 83(b) and 84(1)(c).

Column (1)Column (2)
Child or Young PersonAmount
Person in respect of the period—

(a)beginning on, and including, that person’s date of birth and ending on the day preceding the first Monday in September following that person’s sixteenth birthday;

(a)£31·45;

(b)beginning on, and including, the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s nineteenth birthday.

(b)£32·25.

3.(1) The weekly amount for the purposes of regulations 83(c), 84(1)(d), 86A(b) and 86B(c) (residential allowance) in respect of a person who satisfies the conditions specified in sub-paragraph (2) shall be £63·30.

Article 21(5)

SCHEDULE 10Part IV of Schedule 1 to the Jobseeker’s Allowance Regulations as amended by this Order

Part IVWeekly Amounts of Premiums Specified in Part III

PremiumAmount

20.  

(1A) Bereavement Premium.

(1A) £19 225 45.

(2) Pensioner Premium for persons aged over 60—

(a)where the claimant satisfies the condition in paragraph 10(a);

(a)£39·10;

(b)where the claimant satisfies the condition in paragraph 10(b);

(b)£57·30;

(c)where the claimant satisfies the condition in paragraph 10(c).

(c)£57·30.

(3) Pensioner Premium for claimants whose partner has attained the age of 75 where the claimant satisfies the condition in paragraph 11.

(3) £57·30.

(4) Higher Pensioner Premium—

(a)where the claimant satisfies the condition in paragraph 12(1)(a);

(a)£39·10;

(b)where the claimant satisfies the condition in paragraph 12(1)(b) or (c).

(b)£57·30.

(5) Disability Premium—

(a)where the claimant satisfies the condition in paragraph 13(a);

(a)£22·60;

(b)where the claimant satisfies the condition in paragraph 13(b) or (c).

(b)£32·25.

(6) Severe Disability Premium—

(a)where the claimant satisfies the condition in paragraph 15(1);

(a)£41·55;

(b)where the claimant satisfies the condition in paragraph 15(2)—

(b)

(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);

(i)£41·55;

(ii)if no-one is in receipt of such an allowance.

(ii)£83·10.

(7) Disabled Child Premium.

(7) £30·00 in respect of each child or young person in respect of whom the conditions specified in paragraph 16 are satisfied.

(8) Carer Premium. respect of each person who satisfied the condition specified in paragraph 17.

(8) £24·40 in

(9) Enhanced disability premium where the conditions in paragraph 15A are satisfied.

(9) (a) £11·05 in respect of each child or young person in respect of whom the conditions specified in paragraph 15A are satisfied;

(b)£11·05 in respect of each person who is neither—

(i)a child or young person, nor

(ii)a member of a couple or a polygamous marriage,

in respect of whom the conditions specified in paragraph 15A are satisfied;

(c)£16·00 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.

Article 21(6)

SCHEDULE 11Part IVB of Schedule 1 to the Jobseeker’s Allowance Regulations as amended by this Order

Part IVB(7)Weekly Amounts of Premiums Specified in Part IVA

PremiumAmount

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) £57·30.

(2) Higher Pensioner Premium where one member of a joint-claim couple satisfies the condition in paragraph 20F.

(2) £57·30.

(3) Disability Premium where one member of a joint-claim couple satisfies the condition in paragraph 20G.

(3) £32·25.

(4) Severe Disability Premium where one member of a joint-claim couple satisfies the condition in paragraph 20I(1)—

(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(3);

(i)£41·55.

(ii)if no-one is in receipt of such an allowance.

(ii)£83·10.

(5) Carer Premium.

(5) £24·40 in respect of each person who satisfied the condition specified in paragraph 20J.

(6) Enhanced disability premium where the conditions in paragraph 20IA are satisfied.

(6) £16·00 where the conditions specified in paragraph 20IA are satisfied in respect of a member of a joint-claim couple.

Article 21(8)

SCHEDULE 12Jobseeker’s Allowance: Applicable Amounts of Persons in Residential Care and Nursing Homes

Part IProvisions in Schedule 3 to the Jobseeker’s Allowance Regulations as amended by this Order

Residential care homes

5.  Subject to paragraphs 7 and 8, where the accommodation provided for the claimant is a residential care home for persons in need of personal care by virtue of—

(a)past or present mental disorder but excluding mental handicap, the appropriate amount shall be £238·00 per week;

(b)past or present drug or alcohol dependence, the appropriate amount shall be £238·00 per week;

(c)mental handicap, the appropriate amount shall be £271·00 per week;

(d)physical disablement, the appropriate amount shall be £308·00 per week;

(e)any condition not falling within sub-paragraphs (a) to (d), the appropriate amount shall be £225·00 per week.

Nursing homes

6.  Subject to paragraphs 7 and 8, where the accommodation provided for the claimant is a nursing home for persons in need of personal care by virtue of—

(a)past or present mental disorder but excluding mental handicap, the appropriate amount shall be £337·00 per week;

(b)mental handicap, the appropriate amount shall be £343·00 per week;

(c)past or present drug or alcohol dependence, the appropriate amount shall be £337·00 per week;

(d)physical disablement, the appropriate amount shall be £379·00 per week;

(e)terminal illness, the appropriate amount shall be £336·00 per week;

(f)any condition not falling within sub-paragraphs (a) to (e), the appropriate amount shall be £336·00 per week.

Personal allowances

10.  The allowance for personal expenses for the claimant and each member of his family referred to in paragraph 1(1)(b) shall be—

(a)for the claimant £16·05, and if he has a partner, for his partner, £16·05;

(b)for a young person aged 18, £15·25;

(c)for a young person aged under 18 but over 16, £10·55;

(d)for a child aged under 16 but over 11, £9·15;

(e)for a child aged under 11, £6·25.

Part IIOther sums specified in Schedule 3 to the Jobseeker’s Allowance Regulations

Paragraph in Schedule 3Specified Sum
2(2)(b)(i) } increases for mealsdaily £1·10
2(2)(b)(ii) } increases for mealsdaily £1·55
2(2)(b)(iii) } increases for mealsdaily £1·55

Article 21(9)

SCHEDULE 13Jobseeker’s Allowance: Applicable Amounts of Joint-Claim Couples where a Member is in a Residential Care or Nursing Home

Part IProvisions in Schedule 3A(8) to the Jobseeker’s Allowance Regulations as amended by this Order

Residential care homes

6.  Subject to paragraphs 8 and 9, where the accommodation provided for the relevant member is a residential care home for persons in need of personal care by virtue of—

(a)past or present mental disorder but excluding mental handicap, the appropriate amount shall be £238·00 per week;

(b)past or present drug or alcohol dependence, the appropriate amount shall be £238·00 per week;

(c)mental handicap, the appropriate amount shall be £271·00 per week;

(d)physical disablement, the appropriate amount shall be £308·00 per week;

(e)any condition not falling within sub-paragraphs (a) to (d), the appropriate amount shall be £225·00 per week.

Nursing homes

7.  Subject to paragraphs 8 and 9, where the accommodation provided for the relevant member is a nursing home for persons in need of personal care by virtue of—

(a)past or present mental disorder but excluding mental handicap, the appropriate amount shall be £337·00 per week;

(b)mental handicap, the appropriate amount shall be £343·00 per week;

(c)past or present drug or alcohol dependence, the appropriate amount shall be £337·00 per week;

(d)physical disablement, the appropriate amount shall be £379·00 per week;

(e)terminal illness, the appropriate amount shall be £336·00 per week;

(f)any condition not falling within sub-paragraphs (a) to (e), the appropriate amount shall be £336·00 per week.

Personal allowances

11.  The allowance for personal expenses for the relevant member referred to in paragraph 2(b) shall be—

(a)for the relevant member £16·05;

(b)for the other member of the joint-claim couple, £16·05;

(c)for a young person aged 18, £15·25;

(d)for a young person aged under 18 but over 16, £10·55.

Part IIOther sums specified in Schedule 3A to the Jobseeker’s Allowance regulations

Paragraph in Schedule 3ASpecified Sum
3(2)(b)(i) } increases for mealsdaily £1·10
3(2)(b)(ii) } increases for mealsdaily £1·55
3(2)(b)(iii) } increases for mealsdaily £1·55

Article 21(10)

SCHEDULE 14Jobseeker’s Allowance: Applicable Amounts in Special Cases

Part IProvisions in Schedule 4 to the Jobseeker’s Allowance Regulations as amended by this Order

Column (1)Column (2)
Person other than claimant who is a patient

1.  Subject to paragraphs 2, 15 and 17, a person who has been a patient for more than 6 weeks and who is—

(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 £14·50;

(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 £14·50 in respect of each member who is a patient.

2.—(a) A claimant who is not a patient and who is a member of a family of which another member is a child or young person who has been a patient for a period of more than 12 weeks, or

2.—(a) The amount applicable to him under regulation 83 or 84 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) shall be £14·50 instead of an amount determined in accordance with paragraph 2 of Schedule 1, or

(b)where the person is a member of a family and paragraph 1 applies to him and another member of the family who is a child or young person has been a patient for a period of more than 12 weeks.

(b)the amount applicable to him under paragraph 1 except that the amount applicable under regulation 83(b) or 84(1)(c) in respect of the child or young person referred to in column (1) shall be £14·50 instead of an amount determined in accordance with paragraph 2 of Schedule 1.

Single claimants temporarily in accommodation provided by a Health and Social Services Board or an HSS trust

7.  A single claimant who is temporarily 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 (special cases).

7.  £72·50 of which £16·05 is for personal expenses plus any amounts applicable under regulations 83(f) and 87(2) and (3).

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

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

8.  —

(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 83, 85 or 86 and in respect of the other member £72·50 of which £16·05 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 £72·50 of which £16·05 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 £72·50 of which £16·05 is for personal expenses plus, if appropriate, the amount applicable under regulations 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.  £72·50 of which £16·05 is for personal expenses, plus—

(a)in respect of each child or young person who is a member of his family, the amount in respect of him prescribed in paragraph 2(a), (b), (c) or (d) of Schedule 1 or under this Schedule as appropriate, and

(b)any amount which would be applicable to the claimant if he were not temporarily living away from the dwelling occupied as his home, under regulation 83(d) or (f) or under regulation 87(2) or (3).

Persons in residential accommodation

15.  —

(1) Subject to sub-paragraph (2), a person in or only temporarily absent from residential accommodation who is—

15.  —

(1) Any amount applicable under regulation 87(2) and (3), plus—

(a)a single claimant;

(a)£72·50 of which £16·05 is for personal expenses;

(b)a lone parent;

(b)the amount specified in head ( a);

(c)one of a couple;

(c)twice the amount specified in head (a);

(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 head (a) 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 the Department.

(2) Any amount applicable under regulation 87(2) and (3), plus £16·05.

Persons in residential care or nursing homes who become patients

17.  A claimant to whom regulation 86 (persons in residential care or nursing homes) applies immediately before he or a member of his family became a patient where—

(a)he has been a patient for not more than 2 weeks or any member of his family has been a patient for not more than 6 weeks and the claimant—

(a)

(i)continues to be liable to meet the weekly charge for the accommodation without reduction in respect of himself or that member of his family who is a patient;

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

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

(ii)the amount which would be applicable under regulation 86 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 86 applies;

(iii)is a single claimant who has been a patient for not more than 2 weeks and is likely to return to the accommodation, but has ceased to be liable to meet the weekly charge for that accommodation, or

(iii)the amount applicable to him (if any) under paragraph 2(2) of Schedule 3 (meal allowances) plus the amount in respect of him as an allowance for personal expenses under paragraph 10 of Schedule 3 as if he were residing in the accommodation to which regulation 86 applies plus any amount applicable under regulation 87(3);

(iv)is a single claimant who has been a patient for not more than 2 weeks and who ceases to be liable to meet the weekly charge for the accommodation, and who is unlikely to return to the accommodation;

(iv)the amount which would be applicable to him under regulation 83;

(b)the claimant is one of a couple or polygamous marriage and either—

(b)where—

(i)the claimant is not a patient and the other member of the couple or one or more members of the marriage has been a patient for a period of more than 6 weeks, or

(i)the members of the family not patients remain in the accommodation, the amount applicable to the family as if regulation 86 having taken into account any reduction in charge, continued to apply to all members of the family except that in respect of the member of the couple or polygamous marriage who has been a patient for more than 6 weeks no amount shall be applicable in respect of him under paragraph 2(2) of Schedule 3 and for the amount in respect of the allowance for personal expenses prescribed by paragraph 10 of Schedule 3 there shall be substituted the amount of £18·15;

(ii)the claimant is a patient but has not been a patient for more than 2 weeks and the other member of the couple or one or more members of the marriage has been a patient for more than 6 weeks;

(ii)one or more children or young persons are also patients and have been so for more than 12 weeks, in respect of those children and young persons and the member of the couple or polygamous marriage remaining in the accommodation the amount specified in column (2) of sub-paragraph (b)(i) save that the child or young person who has been a patient for more than 12 weeks shall be disregarded as a member of the family in assessing the amount applicable under regulation 86 and in respect of each such child or young person there shall be added the amount of £14·50;

(c)a child or young person who has been a patient for a period of more than 12 weeks.

(c)the amount applicable under regulation 85 as if that child or young person was not a member of the family plus an amount of £14·50 in respect of that child or young person.

Part IIOther sums specified in Schedule 4 to the Jobseeker’s Allowance Regulations

Paragraph in Schedule 4Specified Sum

4.  Members of religious orders

Nil.

14.  Persons from abroad

Nil.

16.  Persons temporarily absent from a hostel, residential care or nursing home

80 per cent.

Article 21(11)

SCHEDULE 15Jobseeker’s Allowance: Applicable Amounts of Joint-Claim Couples in Special Cases

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(9) or arranged under section 1(1) of the Employment and Training Act (Northern Ireland) 1950(10), 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.

Article 21(12)

SCHEDULE 16Other applicable amounts specified in the Jobseeker’s Allowance Regulations

Provisions in Jobseeker’s Allowance RegulationsSpecified Sum
Regulation 145(1)(11)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)(12)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 amount applicable or, as the case may be, of the reduced amount.
Regulation 148(1)(b)(i)x90 per cent. of the amount of the allowance for personal expenses or, as the case may be, of the reduced 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)(13)90 per cent. of the amount applicable or, as the case may be, of the reduced amount.
Regulation 148A(1)(b)(i)90 per cent. of the amount of the allowance for personal expenses or, as the case may be, of the reduced amount.
Regulation 148A(1)(c)98 per cent. of the applicable amount for persons in residential accommodation.
Regulation 148A(1)(d)90 per cent. of the applicable amount.
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)

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)5 per cent.
(1)

Part II was substituted by Article 51(2) of the Welfare Reform and Pensions (Northern Ireland) Order 1999

(2)

S.R. 1987 No. 465; relevant amending regulations are S.R. 1992 No. 7

(4)

Regulation 22A was inserted by regulation 13 of S.R. 1996 No. 199 and paragraph (1) was amended by Article 9(2)(a) of S.R. 1999 No. 371 (C. 28) and regulation 4(2)(a) of S.R. 2000 No. 4

(5)

Sub-paragraph (d) was added by regulation 26(b) of S.R. 1988 No. 146 and amended by regulation 14(b) of, and paragraph 15(b) of Schedule 1 to, S.R. 1988 No. 318, paragraph 17 of Schedule 1 to S.R. 1989 No. 139, regulation 9(b) of S.R. 1989 No. 249, regulation 4(6) of S.R. 1994 No. 77 and regulation 5(8)(a) of S.R. 2000 No. 71

(6)

Schedule 3 was substituted by Schedule 1 to S.R. 1995 No. 301; relevant amending regulations are S.R. 1995 No. 434 and S.R. 2000 No. 196

(7)

Part IVB was inserted by paragraph 53(4) of Schedule 2 to S.R. 2000 No. 350

(8)

Schedule 3A was inserted by paragraph 55 of Schedule 2 to S.R. 2000 No. 350

(9)

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))

(10)

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))

(11)

Regulation 145(1) was amended by regulation 13(a) of S.R. 1996 No. 356 and regulation 28 of S.R. 1996 No. 358

(12)

Regulation 146G was inserted by regulation 2(3) of S.R. 2000 No. 350

(13)

Regulation 148A was inserted by paragraph 47 of Schedule 2 of S.R. 2000 No. 350

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