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The Income Support (General) Regulations 1987

Changes over time for: SCHEDULE 2

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Version Superseded: 12/04/2010

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Point in time view as at 06/04/2010.

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Regulations 17[F1(1)] and 18

SCHEDULE 2E+W+SAPPLICABLE AMOUNTS

Textual Amendments

Modifications etc. (not altering text)

Regulations 17[F1(1)](a) and (b) and 18(a) (b) and (c)

PART IE+W+Spersonal allowances

1.  [F2The weekly amounts specified in column (2) below in respect of each person or couple specified in column (1) shall be the weekly amounts specified for the purposes of regulations 17(1) and 18(1) (applicable amounts and polygamous marriages).]E+W+S

Column (1)Column (2)
Person or CoupleAmount

[F3(1)  Single claimant aged–E+W+S

(a)except where head (b) or (c) of this sub-paragraph applies, less than 18;

(a)[F4£50.95;]

[F5(b) less than 18 who falls within any of the circumstances specified in paragraph 1A;]

(b)[F4£50.95;]

(c)less than 18 who satisfies the condition in [F6paragraph 11(1)(a)];

(c)[F4£50.95;]

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

(d)[F4£50.95;]

(e)not less than 25.

(e)[F4£64.30;]

(2) Lone parent aged—

(a)except where head (b) or (c) of this sub-paragraph applies, less than 18;

(a)[F4£50.95;]

[F5(b) less than 18 who falls within any of the circumstances specified in paragraph 1A;]

(b)[F4£50.95;]

(c)less than 18 who satisfies the condition in [F7paragraph 11(1)(a)];

(c)[F4£50.95;]

(d)not less than 18.

(d)[F4£64.30]

[F5(3) Couple–

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

(a)[F4£76.90;]

(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)[F4£50.95;]

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

(c)[F4£50.95;]

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

(d)[F4£100.95;]

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

(e)[F4£100.95;]

(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)[F4£50.95;]

(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);

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

(g)[F4£64.30;]

(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).]

Textual Amendments

F2Words in Sch. 2 para. 1 substituted (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up Rating Order 1998, (S.I. 1998/470), art. 18(3), Sch. 4

F3Sch. 2 para. 1(1)(2) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) Amendment No. 2 Regulations 1990 (S.I. 1990/1168), regs. 1(1)(a), 2

F4Sums in Sch. 2 Pt. I substituted (with effect in accordance with art. 1(2)(h) of the amending S.I.) by The Social Security Benefits Up-rating Order 2009 (S.I. 2009/497), art. 16(3), Sch. 2

F5Words in Sch. 2 para. 1 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/206), regs. 1(1), 23, Sch. 2 paras. 2, 3

F6Words in Sch. 2 para. 1(1)(c) substituted (coming into force in accordance with reg. 1(7) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 2(7)(a)

F7Words in Sch. 2 para. 1(2)(c) substituted (coming into force in accordance with reg. 1(7) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 2(7)(a)

Commencement Information

I1Sch. 2 para. 1 in force at 11.4.1988, see reg. 1

[F81A.—(1) The circumstances referred to in paragraph 1 are that—E+W+S

(a)the person has no parents nor any person acting in the place of his parents;

(b)the person—

(i)is not living with his parents nor any person acting in the place of his parents; and

(ii)in England and Wales, was being looked after by a local authority pursuant to a relevant enactment who placed him with some person other than a close relative of his; or in Scotland, was in the care of a local authority under a relevant enactment and whilst in that care was not living with his parents or any close relative, or was in custody in any institution to which the Prison Act 1952 or the Prisons (Scotland) Act 1989 applied immediately before he attained the age of 16;

(c)the person is in accommodation which is other than his parental home, and which is other than the home of a person acting in the place of his parents, who entered that accommodation—

(i)as part of a programme of rehabilitation or resettlement, that programme being under the supervision of the probation service or a local authority; or

(ii)in order to avoid physical or sexual abuse; or

(iii)because of a mental or physical handicap or illness and needs such accommodation because of his handicap or illness;

(d)the person is living away from his parents and any person who is acting in the place of his parents in a case where his parents are or, as the case may be, that person is, unable financially to support him and his parents are, or that person is—

(i)chronically sick or mentally or physically disabled; or

(ii)detained in custody pending trial or sentence upon conviction or under sentence imposed by a court; or

(iii)prohibited from entering or re-entering Great Britain; or

(e)the person of necessity has to live away from his parents and any person acting in the place of his parents because—

(i)he is estranged from his parents and that person; or

(ii)he is in physical or moral danger; or

(iii)there is a serious risk to his physical or mental health.

(2) In this paragraph—

(a)“chronically sick or mentally or physically disabled” has the same meaning it has in regulation 13(3)(b) (circumstances in which persons in relevant education are to be entitled to income support);

(b)in England and Wales, any reference to a person acting in place of a person’s parents includes a reference to—

(i)where the person is being looked after by a local authority or voluntary organisation who place him with a family, a relative of his, or some other suitable person, the person with whom the person is placed, whether or not any payment is made to him in connection with the placement; or

(ii)in any other case, any person with parental responsibility for the child, and for this purpose “parental responsibility” has the meaning it has in the Children Act 1989 by virtue of section 3 of that Act;

(c)in Scotland, any reference to a person acting in place of a person’s parents includes a reference to a local authority or voluntary organisation where the person is in their care under a relevant enactment, or to a person with whom the person is boarded out by a local authority or voluntary organisation whether or not any payment is made by them.]

Textual Amendments

F3Sch. 2 para. 1(1)(2) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) Amendment No. 2 Regulations 1990 (S.I. 1990/1168), regs. 1(1)(a), 2

[F92.  [F10[F11—(1)]The weekly amounts specified in column (2) below in respect of each person specified in column (1) shall[F12, 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).E+W+S

Column (1)Column (2)
Child or Young PersonAmount
[F13Person 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)[F4£56.11;]

(b) beginning on the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s [F14twentieth] birthday.

(b)[F4£56.11;]]]

[F15(2) In column (1) of the table in paragraph (1), “the first Monday in September" means the Monday which first occurs in the month of September in any year.]]

Textual Amendments

F3Sch. 2 para. 1(1)(2) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) Amendment No. 2 Regulations 1990 (S.I. 1990/1168), regs. 1(1)(a), 2

F4Sums in Sch. 2 Pt. I substituted (with effect in accordance with art. 1(2)(h) of the amending S.I.) by The Social Security Benefits Up-rating Order 2009 (S.I. 2009/497), art. 16(3), Sch. 2

F10Sch. 2 para. 2 omitted (for specified purposes and with effect in accordance with reg. 1(2)-(5) of the amending S.I.) by virtue of The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 1 para. 20(a)

Commencement Information

I2Sch. 2 para. 2 in force at 11.4.1988, see reg. 1

F162A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]E+W+S

Textual Amendments

F3Sch. 2 para. 1(1)(2) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) Amendment No. 2 Regulations 1990 (S.I. 1990/1168), regs. 1(1)(a), 2

Regulations 17[F1(1)](c) and 18(d)

PART IIE+W+Sfamily premium

3.—[F17[F18(1)] The weekly amount for the purposes of regulations 17[F1(1)](c) [F19and 18(1)](d) in respect of a family of which at least one member is a child or young person shall be

[F20(a)where the claimant is a lone parent [F21to whom the conditions in both sub-paragraphs (2) and (3) apply] and no premium is applicable under paragraph 9, 9A, 10 or 11, [F22£17.30;]

(b)in any other case,] [F23£17.30.]

[F24(2) The first condition for the purposes of sub-paragraph (1)(a) is that the claimant—

(a)was both a lone parent and entitled to income support on 5th April 1998; or

(b)does not come within head (a) above but—

(i)was both a lone parent and entitled to income support on any day during the period of 12 weeks ending on 5th April 1998;

(ii)was both a lone parent and entitled to income support on any day during the period of 12 weeks commencing on 6th April 1998; and

(iii)the last day in respect of which (i) above applied was no more than 12 weeks before the first day in respect of which (ii) above applied.

(3) The second condition for the purposes of sub-paragraph (1)(a) is that as from the appropriate date specified in sub-paragraph (4), the claimant has continued, subject to sub-paragraph (5), to be both a lone parent and entitled to income support.

(4) The appropriate date for the purposes of sub-paragraph (3) is—

(a)in a case to which sub-paragraph (2)(a) applies, 6th April 1998;

(b)in a case to which sub-paragraph (2)(b) applies, the first day in respect of which sub-paragraph (2)(b)(ii) applied.

(5) For the purposes of sub-paragraph (3), where the claimant has ceased, for any period of 12 weeks or less, to be—

(a)a lone parent; or

(b)entitled to income support; or

(c)both a lone parent and entitled to income support,

the claimant shall be treated, on again becoming both a lone parent and entitled to income support, as having continued to be both a lone parent and entitled to income support throughout that period.

(6) In determining whether the conditions in sub-paragraphs (2) and (3) apply, entitlement to an income-based jobseeker’s allowance shall be treated as entitlement to income support for the purposes of any requirement that a person is entitled to income support.]

[F25(7) For the purposes of this paragraph, a claimant shall be treated as having been entitled to income support throughout any period which comprises only days on which he was participating in an employment zone programme and was not entitled to income support because, as a consequence of his participation in that programme, he was engaged in remunerative work or had income in excess of his applicable amount as prescribed in Part IV.]]

Textual Amendments

F17Sch. 2 para. 3 omitted (for specified purposes and with effect in accordance with reg. 1(2)-(5) of the amending S.I.) by virtue of The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 1 para. 20(a)

F18Sch. 2 para. 3(1): Sch. 2 para. 3 renumbered as Sch. 2 para. 3(1) (6.4.1998) by The Social Security Amendment (Lone Parents) Regulations 1998 (S.I. 1998/766), regs. 1(1), 12

F20Words in Sch. 2 Pt. II para. 3 inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1803), regs. 1(1)(b), 39(2)

F22Sum in Sch. 2 para. 3(1)(a) substituted (with effect in accordance with art. 1(2)(h) of the amending S.I.) by The Social Security Benefits Up Rating Order 2009 (S.I. 2009/497), arts. 1(2)(h), 16(4)(a)

F23Sum in Sch. 2 para. 3(1)(b) substituted (with effect in accordance with art. 1(2)(h) of the amending S.I.) by The Social Security Benefits Up Rating Order 2009 (S.I. 2009/497), arts. 1(2)(h), 16(4)(b)

Commencement Information

I3Sch. 2 para. 3 in force at 11.4.1988, see reg. 1

Regulations 17[F1(1)](d) and 18(e)

PART IIIE+W+Spremiums

4.  Except as provided in paragraph 5, the weekly premiums specified in Part IV of this Schedule shall, for the purposes of regulations 17[F1(1)](d) [F26and 18(1)](e), be applicable to a claimant who satisfies the condition specified in [F27[F28paragraphs 9] [F28paragraphs 8A]] [F29to 14ZA] in respect of that premium.E+W+S

Textual Amendments

F27Words in Sch. 2 Pt. III para. 4 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1803), regs. 1(1)(b), 39(3)(a)

Commencement Information

I4Sch. 2 para. 4 in force at 11.4.1988, see reg. 1

5.  Subject to paragraph 6, where a claimant satisfies the conditions in respect of more than one premium in this Part of this Schedule, only one premium shall be applicable to him and, if they are different amounts, the higher or highest amount shall apply.E+W+S

Commencement Information

I5Sch. 2 para. 5 in force at 11.4.1988, see reg. 1

[F306.—(1) Subject to sub-paragraph (2), the following premiums, namely—E+W+S

(a)a severe disability premium to which paragraph 13 applies;

(b)an enhanced disability premium to which paragraph 13A applies;

(c)[F31a disabled child premium to which paragraph 14 applies; and]

(d)a carer premium to which paragraph 14ZA applies,

may be applicable in addition to any other premium which may apply under this Schedule.

(2) An enhanced disability premium in respect of a person shall not be applicable in addition to—

(a)a pensioner premium under paragraph 9 or 9A; or

(b)a higher pensioner premium under paragraph 10.]

Textual Amendments

F31Sch. 2 para. 6(1)(c) omitted (for specified purposes and with effect in accordance with reg. 1(2)-(5) of the amending S.I.) by virtue of The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 1 para. 20(a)

7.—[F32(1)] [F33Subject to sub-paragraph (2)] for the purposes of this Part of this Schedule, once a premium is applicable to claimant under this Part, a person shall be treated as being in receipt of any benefit—

(a)in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations 1979 F34 applies, for any period during which, apart from the provisions of those Regulations, he would be in receipt of that benefit; and

(b)for any period spent by a person in undertaking a course of training or instruction provided or approved by the [F35Secretary of State F36...] under section 2 of the Employment and Training Act 1973 F37 [F38or by [F39Skills Development Scotland,] Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990,] [F40or for any period during which he is in receipt of a training allowance].

[F41(2) For the purposes of the carer premium under paragraph 14ZA, a person shall be treated as being in receipt of [F42carer’s allowance] by virtue of sub-paragraph (1)(a) only if and for so long as the person in respect of whose care the allowance has been claimed remains in receipt of attendance allowance [F43, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act.].]

Textual Amendments

F32 Sch. 2 para. 7 renumbered as Sch. 7 para. 7(1) (1.10.1990) by The Income Support (General) Amendment No. 3 Regulations 1990 (S.I. 1990/1776), regs. 1(1)(a), 8(c)(i) (with reg. 1(2))

F371973 c. 50 as amended by sections 9 and 11 and Schedule 2 Part II paragraph 9 and Schedule 3 of the Employment and Training Act 1981 (c. 57).

Commencement Information

I6Sch. 2 para. 7 in force at 11.4.1988, see reg. 1

Lone Parent PremiumE+W+S

F448.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F44Sch. 2 Pt. III para. 8 omitted (with effect in accordance with reg. 1(2) of the amending S.I.) by virtue of The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1803), regs. 1(1)(b), 39(3)(b)

Bereavement PremiumE+W+S

F458A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Pensioner premium for persons under 75E+W+S

[F469.  The condition is that the claimant has a partner aged [F47not less than the qualifying age for state pension credit] but less than 75.]

Textual Amendments

Pensioner premium for persons 75 and overE+W+S

[F489A.  The condition is that the claimant has a partner aged not less than 75 but less than 80.]

Textual Amendments

Higher Pensioner PremiumE+W+S

10.—[F49(1) [F50Subject to sub-paragraph (6), the] condition is that—

(a)the claimant’s partner is aged not less than 80; or

(b)the claimant’s partner is aged less than 80 but [F51not less than the qualifying age for state pension credit] and either—

(i)the additional condition specified in [F52paragraph 12(1)(a), (c) or (d)] is satisfied; or

(ii)the claimant was entitled to, or was treated as being in receipt of, income support and—

(aa)the disability premium was or, as the case may be, would have been, applicable to him in respect of a benefit week within eight weeks of [F53the day his partner attained the qualifying age for state pension credit]; and

(bb)he has, subject to sub-paragraph (3), remained continuously entitled to income support since his partner attained [F54the qualifying age for state pension credit].]

(3) For the purposes of this paragraph and paragraph 12—

(a)once the higher pensioner premium is applicable to a claimant, if he then ceases, for a period of eight weeks or less, to be entitled to [F55or treated as entitled to] income support, he shall, on becoming re-entitled to income support, thereafter be treated as having been continuously entitled thereto;

(b)in so far as [F56sub-paragraph (1)(b)(ii) is] concerned, if a claimant ceases to be entitled to [F55or treated as entitled to] income support for a period not exceeding eight weeks which includes [F57the day his partner attained the qualifying age for state pension credit], he shall, on becoming re-entitled to income support, thereafter be treated as having been continuously entitled thereto.

[F58(4) In the case of a claimant who is a welfare to work beneficiary, references in sub-paragraphs (1)(b)(ii)F59... and (3)(b) to a period of 8 weeks shall be treated as references to a period of [F60104 weeks].]

[F61(5) For the purposes of this paragraph, a claimant shall be treated as having been entitled to and in receipt of income support throughout any period which comprises only days on which he was participating in an employment zone programme and was not entitled to income support because, as a consequence of his participation in that programme, he was engaged in remunerative work or had income in excess of his applicable amount as prescribed in Part IV.]

[F62(6) The condition is not satisfied if the claimant’s partner to whom sub-paragraph (1) refers is a long-term patient.]

Textual Amendments

F50Words in Sch. 2 para. 10(1) substituted (coming into force in accordance with reg. 1(7) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 2(7)(b)(i)

F59Words in Sch. 2 para. 10(4) omitted (coming into force in accordance with reg. 1(7) of the amending S.I.) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(2), 2(7)(b)(ii)

F62Sch. 2 para. 10(6) inserted (coming into force in accordance with reg. 1(7) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 2(7)(b)(iii)

Commencement Information

I7Sch. 2 para. 10 in force at 11.4.1988, see reg. 1

Disability PremiumE+W+S

11.—[F63(1)] [F64Subject to sub-paragraph (2), the] condition is that—

(a)where the claimant is a single claimant or a lone parent,F65... the additional condition specified in paragraph 12 is satisfied; or

(b)where the claimant has a partner, either—

[F66(i)the claimant satisfies the additional condition specified in [F67paragraph 12(1)(a), (b), (c) or (d)]; or]

(ii)his partner [F68has not attained the qualifying age for state pension credit] and the additional condition specified in [F69paragraph 12(1)(a), (c) or (d)] is satisfied by his partner.

[F70(2) The condition is not satisfied if—

(a)the claimant is a single claimant or a lone parent and (in either case) is a long-term patient;

(b)the claimant is a member of a couple or polygamous marriage and each member of the couple or polygamous marriage is a long-term patient; or

(c)the claimant is a member of a couple or a polygamous marriage and a member of that couple or polygamous marriage is—

(i)a long-term patient; and

(ii)the only member of the couple or polygamous marriage to whom sub-paragraph (1)(b) refers.]

Textual Amendments

F63Sch. 2 para. 11(1): Sch. 2 para. 11 renumbered as Sch. 2 para. 11(1) (coming into force in accordance with reg. 1(7) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 2(7)(c)(i)

F64Words in Sch. 2 para. 11(1) substituted (coming into force in accordance with reg. 1(7) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 2(7)(c)(ii)

F70Sch. 2 para. 11(2) inserted (coming into force in accordance with reg. 1(7) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 2(7)(c)(iii)

Commencement Information

I8Sch. 2 para. 11 in force at 11.4.1988, see reg. 1

Additional condition for the Higher Pensioner and Disability PremiumsE+W+S

12.—(1) Subject to sub-paragraph (2) and paragraph 7 the additional condition referred to in paragraphs 10 and 11 is that either—

(a)the claimant or, as the case may be, his partner—

(i)is in receipt of one or more of the following benefits: attendance allowance, [F71disability living allowance, [F72the disability element or the severe disability element of working tax credit as specified in regulation 20(1)(b) and (f) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002]], mobility supplement, [F73long-term incapacity benefit] under [F74Part II of the Contributions and Benefits Act or severe disablement allowance under Part III of that Act] [F75but, in the case of [F73long-term incapacity benefit] or severe disablement allowance only where it is paid in respect of him]; or

(ii)is provided by the Secretary of State with an invalid carriage or other vehicle under section 5(2) of the National Health Service Act 1977 F76 (other services) or, in Scotland, under section 46 of the National Health Service (Scotland) Act 1978 F77 (provision of vehicles) or receives payments by way of grant from the Secretary of State under paragraph 2 of Schedule 2 to that 1977 Act (additional provisions as to vehicles) or, in Scotland, under that section 46; or

(iii)is registered as blind in a register compiled by a local authority under section 29 of the National Assistance Act 1948 F78 (welfare services) or, in Scotland, has been certified as blind and in consequence he is registered as blind in a register maintained by or on behalf of a regional or islands council; or

[F79(b) the claimant—

(i)is entitled to statutory sick pay or [F80is, or is treated as, incapable of work,] in accordance with the provisions of Part XIIA of the Contributions and Benefits Act and the regulations made thereunder (incapacity for work), and

(ii)has been so entitled or so incapable[F81, or has been treated as so incapable,] for a continuous period of not less than—

(aa)196 days in the case of a claimant who is terminally ill within the meaning of section 30B(4) of the Contributions and Benefits Act; or

(bb)[F82subject to [F83paragraph 2A] of Schedule 7,] 364 days in any other case;

and for these purposes any two or more periods of entitlement or incapacity separated by a break of not more than 56 days shall be treated as one continuous period; or; and]

[F84(c)the claimant’s partner was in receipt of long-term incapacity benefit under Part II of the Contributions and Benefits Act when entitlement to that benefit ceased on account of the payment of a retirement pension under that Act and—

(i)the claimant has since remained continuously entitled to income support;

(ii)the higher pensioner premium or disability premium has been applicable to the claimant; and

(iii)the partner is still alive;

(d)except where paragraph [F852A F86...] of Schedule 7 (patients) applies, the claimant or, as the case may be, his partner was in receipt of attendance allowance or disability living allowance—

(i)but payment of that benefit has been suspended under the [F87Social Security (Attendance Allowance) Regulations 1991 or the Social Security (Disability Living Allowance) Regulations 1991] or otherwise abated as a consequence of the claimant or his partner becoming a patient within the meaning of regulation 21(3); and

(ii)a higher pensioner premium or disability premium has been applicable to the claimant.]

[F88(1A) In the case of a claimant who is a welfare to work beneficiary, the reference in sub-paragraph (1)(b) to a period of 56 days shall be treated as a reference to a period of [F89104 weeks].]

(2) For the purposes of sub-paragraph (1)(a)(iii), a person who has ceased to be registered as blind on regaining his eyesight shall nevertheless be treated as blind and as satisfying the additional condition set out in that sub-paragraph for a period of 28 weeks following the date on which he ceased to be so registered.

F90(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) For the purpose of [F91sub-paragraph (1)(c) and (d)], once the higher pensioner premium is applicable to the claimant by virtue of his satisfying the condition specified in that provision, if he then ceases, for a period of eight weeks or less, to be entitled to income support, he shall on again becoming so entitled to income support, immediately thereafter be treated as satisfying the condition in [F91sub-paragraph (1)(c) and (d)].

[F92(5) For the purposes of sub-paragraph (1)(b), once the disability premium is applicable to a claimant by virtue of his satisfying the additional condition specified in that provision, he shall continue to be treated as satisfying that condition for any period spent by him in undertaking a course of training provided under section 2 of the Employment and Training Act 1973 [F93or for any period during which he is in receipt of a training allowance].]

[F94(6) For the purposes of [F95sub-paragraph (1)(a)(i) and (c)], a reference to a person in receipt of long-term incapacity benefit includes a person in receipt of short-term incapacity benefit at a rate equal to the long-term rate by virtue of section 30B(4)(a) of the Contributions and Benefits Act (short-term incapacity benefit for a person who is terminally ill), or who would be or would have been in receipt of short-term incapacity benefit at such a rate but for the fact that the rate of short-term incapacity benefit already payable to him is or was equal to or greater than the long-term rate.]

F96(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F72Words in Sch. 2 para. 12(1)(a)(i) substituted (for specified purposes and with effect in accordance with reg. 1(5)(a) of the amending S.I.) by The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 1 para. 20(b)

F74Words in Sch. 2 para. 12(1)(a)(i) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No.5) Regulations 1994 (S.I. 1994/2139), regs. 1(1)(a), 30(2)

F75Words in Sch. 2 para. 12(1)(a)(i) inserted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 29(c)(i)

F761977 c. 49; section 5(2) amended and subsection (2A) added by section 1 of the Public Health Laboratory Service Act 1979 (c. 23) and subsection (2B) added by section 9 of the Health and Social Security Act 1984 (c. 48).

F781948 c. 29; section 29 was amended by section 1(2) of the National Assistance (Amendment) Act 1959 (c. 30); the Mental Health (Scotland) Act 1960 (c. 61) sections 113 and 114 and Schedule 4; the Local Government Act 1972 (c. 70) Schedule 23 paragraph 2; the Employment and Training Act 1973 (c. 50) Schedule 3 paragraph 3; the National Health Service Act 1977 (c. 49) Schedule 15 paragraph 6; and the Health and Social Services and Social Security Adjudications Act 1983 (c. 41) Schedule 10 Part I.

F82Words in Sch. 2 Pt. III para. 12(1)(b)(ii)(bb) inserted (for specified purposes and with effect in accordance with reg. 1(c) of the amending S.I.) by The Social Security (Hospital In-Patients) Regulations 2005 (S.I. 2005/3360), reg. 4(3)(a)

F83Words in Sch. 2 para. 12(1)(b)(ii)(bb) substituted (coming into force in accordance with reg. 1(7) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 2(7)(d)(i)

F85Words in Sch. 2 Pt. III para. 12(1)(d) substituted (for specified purposes and with effect in accordance with reg. 1(c) of the amending S.I.) by The Social Security (Hospital In-Patients) Regulations 2005 (S.I. 2005/3360), reg. 4(3)(b)

F86Words in Sch. 2 para. 12(1)(d) omitted (coming into force in accordance with reg. 1(7) of the amending S.I.) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 2(7)(d)(ii)

Modifications etc. (not altering text)

Commencement Information

I9Sch. 2 para. 12 in force at 11.4.1988, see reg. 1

Severe Disability PremiumE+W+S

13.—(1) The condition is that the claimant is a severely disabled person.

(2) For the purposes of sub-paragraph (1), a claimant shall be treated as being a severely disabled person if, and only if—

(a)in the case of a single claimant[F97, a lone parent or a claimant who is treated as having no partner in consequence of sub-paragraph (2A)]—

(i)he is in receipt of attendance allowance[F98, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act], and

(ii)subject to sub-paragraph (3), he has no non-dependants aged 18 or over [F99normally residing with him or with whom he is normally residing,] and

[F100(iii)no person is entitled to, and in receipt of, [F42a carer’s allowance] under section 70 of the Contributions and Benefits Act in respect of caring for him;]

(b)[F101in the case of a claimant who] has a partner—

(i)he is in receipt of attendance allowance[F102, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act]; and

(ii)his partner is also in receipt of such an allowance or, if he is a member of a polygamous marriage, all the partners of that marriage are in receipt thereof; and

(iii)subject to sub-paragraph (3), he has no non-dependants aged 18 or over [F103normally residing with him or with whom he is normally residing,]

and, either [F104a person is entitled to, and in receipt of, [F42a carer’s allowance] in respect of caring for only one of the couple or, in the case of a polygamous marriage, for one or more but not all the partners of the marriage or, as the case may be, no person is entitled to, and in receipt of, such an allowance] in respect of caring for either member of the couple or any partner of the polygamous marriage.

[F105(2A) Where a claimant has a partner who does not satisfy the condition in sub-paragraph (2)(b)(ii), and that partner is blind or is treated as blind within the meaning of paragraph 12(1)(a)(iii) and (2), that partner shall be treated for the purposes of sub-paragraph (2) as if he were not a partner of the claimant.]

(3) For the purposes of sub-paragraph (2)(a)(ii) and (2)(b)(iii) no account shall be taken of—

(a)a person receiving attendance allowance[F106, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act]; or

F107(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)subject to sub-paragraph (4), a person who joins the claimant's household for the first time in order to care for the claimant or his partner and immediately before so joining the claimant or his partner was treated as a severely disabled person; [F108or

(d)a person who is blind or is treated as blind within the meaning of paragraph 12(1)(a)(iii) and (2).]

[F109(3A) For the purposes of sub-paragraph (2)(b) a person shall be treatedF110...—

(a)[F111as being in receipt of] attendance allowance[F112, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act] if he would, but for his being a patient for a period exceeding 28 days, be so in receipt;]

[F113(b)as being entitled to and in receipt of [F42a carer’s allowance] if he would, but for the person for whom he was caring being a patient in hospital for a period exceeding 28 days, be so entitled and in receipt.]

[F114(3ZA) For the purposes of sub-paragraph (2)(a)(iii) and (2)(b), no account shall be taken of an award of [F42carer’s allowance] to the extent that payment of such an award is back-dated for a period before [F115the date on which the award is first paid].]

(4) Sub-paragraph (3)(c) shall apply only for the first 12 weeks following the date on which the person to whom that provision applies first joins the claimant's household.

[F116(5) In sub-paragraph (2)(a)(iii) and (b), references to a person being in receipt of [F42a carer’s allowance] shall include references to a person who would have been in receipt of that allowance but for the application of a restriction under section [F1176B or] 7 of the Social Security Fraud Act 2001 (loss of benefit provisions).]

Textual Amendments

F107Sch. 2 para. 13(3)(b) omitted (with effect in accordance with reg. 1(2) of the amending S.I.) by virtue of The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 4) Regulations 1993 (S.I. 1993/2119), regs. 1(1)(a), 18(3)

F114Sch. 2 para. 13(3ZA) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No.5) Regulations 1994 (S.I. 1994/2139), regs. 1(1)(a), 30(4)

F115Words in Sch. 2 para. 13(3ZA) substituted (coming into force in accordance with reg. 1(7) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(2), 2(7)(e)

Modifications etc. (not altering text)

Commencement Information

I10Sch. 2 para. 13 in force at 11.4.1988, see reg. 1

[F118Enhanced disability premiumE+W+S

13A.—(1) Subject to sub-paragraph (2), the condition is that the care component of disability living allowance is, or would, but for a suspension of benefit in accordance with regulations under section 113(2) of the Contributions and Benefits Act or but for an abatement as a consequence of hospitalisation, be payable at the highest rate prescribed under section 72(3) of the Contributions and Benefits Act in respect of—

(a)the claimant; or

[F119(b)[F120a member of the claimant’s family] [F120the claimant’s partner (if any)] who [F121has not attained the qualifying age for state pension credit].]

[F122(2) The condition is not satisfied if the person to whom sub-paragraph (1) refers is—

(a)a child or young person—

(i)whose capital if calculated in accordance with Part 5 of these Regulations in like manner as for the claimant, except as provided in regulation 44(1), would exceed £3,000; or

(ii)who is a long-term patient;

(b)a single claimant or a lone parent and (in either case) is a long-term patient;

(c)a member of a couple or polygamous marriage and each member of the couple or polygamous marriage is a long-term patient; or

(d)a member of a couple or polygamous marriage who—

(i)is a long-term patient; and

(ii)is the only member of the couple or polygamous marriage to whom sub-paragraph (1) refers.]]

Textual Amendments

F118Sch. 2 para. 13A inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security Amendment (Enhanced Disability Premium) Regulations 2000 (S.I. 2000/2629), regs. 1(1)(c), 2(c)(ii)

F120Words in Sch. 2 para. 13A(1)(b) substituted (for specified purposes and with effect in accordance with reg. 1(2)-(5) of the amending S.I.) by The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 1 para. 20(c)(i)

F122Sch. 2 para. 13A(2) substituted (coming into force in accordance with reg. 1(7) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 2(7)(f)

Modifications etc. (not altering text)

C5Sch. 2 para. 13A(2)(a): sum confirmed (with effect in accordance with art. 1(2)(h) of the amending S.I.) by The Social Security Benefits Up-rating Order 2009 (S.I. 2009/497), art. 16(2)(b)

Disabled Child PremiumE+W+S

[F12314.—(1) Subject to sub-paragraph (2), the condition is that where the child or young person for whom the claimant or a partner of his is responsible and who is a member of the claimant’s household is—

(a)in receipt of disability living allowance or is no longer in receipt of that allowance because he is a patient provided that the child or young person continues to be a member of the family; or

(b)blind or treated as blind within the meaning of paragraph 12(1)(a)(iii) and (2).

(2) The condition is not satisfied in respect of a child or young person—

(a)whose capital, if calculated in accordance with Part 5 of these Regulations in like manner as for the claimant, except as provided in regulation 44(1), would exceed £3,000; or

(b)who is a long-term patient.]

Textual Amendments

F123Sch. 2 para. 14 substituted (coming into force in accordance with reg. 1(7) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 2(7)(g)

Modifications etc. (not altering text)

C6Sch. 2 para. 14(2)(a): sum confirmed (with effect in accordance with art. 1(2)(h) of the amending S.I.) by The Social Security Benefits Up-rating Order 2009 (S.I. 2009/497), art. 16(2)(b)

[F124Carer premiumE+W+S

14ZA.—(1) [F125Subject to sub-paragraphs (3) and (4),] the condition is that the claimant or his partner is, or both of them are, [F126entitled to [F42a carer’s allowance] under section 70 of the Contributions and Benefits Act].

F127(2)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F128(3) Where a carer premium is awarded but—

(a)the person in respect of whose care the [F42carer’s allowance] has been awarded dies; or

(b)in any other case the person in respect of whom a carer premium has been awarded ceases to be entitled F129...to [F42a carer’s allowance],

the condition for the award of the premium shall be treated as satisfied for a period of eight weeks from the relevant date specified in sub-paragraph (3A) below.

(3A) The relevant date for the purposes of sub-paragraph (3) above shall be—

(a)[F130where sub-paragraph (3)(a) applies,] the Sunday following the death of the person in respect of whose care [F42a carer’s allowance] has been awarded or the date of death if the death occurred on a Sunday;

F131(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)in any other case, the date on which the person who has been entitled to [F42a carer’s allowance] ceases to be entitled to that allowance.]

(4) Where a person who has been entitled to [F42a carer’s allowance] ceases to be entitled to that allowance and makes a claim for income support, the condition for the award of the carer premium shall be treated as satisfied for a period of eight weeks from the date on which–

[F132(a)the person in respect of whose care the [F42carer’s allowance] has been awarded dies;

F133(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)[F134in any other case, the person who has been entitled to a carer’s allowance ceased to be entitled to that allowance.]]

Textual Amendments

[F135Persons in receipt of concessionary paymentsE+W+S

14A.  For the purpose of determining whether a premium is applicable to a person [F136under paragraphs 12 to 14ZA], any concessionary payment made to compensate that person for the non-payment of any benefit mentioned in those paragraphs shall be treated as if it were a payment of that benefit.]

Textual Amendments

[F137Person in receipt of benefitE+W+S

14B.  For the purposes of this Part of this Schedule, a person shall be regarded as being in receipt of any benefit if, and only if, it is paid in respect of him and shall be so regarded only for any period in respect of which that benefit is paid.]

Textual Amendments

F137Sch. 2 para. 14B inserted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 17

PART IVE+W+SWeekly amounts of premiums specified in part III

PremiumAmount

[F13815.— 

(1A) F139. . .

(1A) F139. . .

(2)  Pensioner premium for persons to whom paragraph 9 applies.

(2) £97.50.

(2A)  Pensioner premium for persons to whom paragraph 9A applies.

(2A) £97.50;

(3) Higher pensioner premium for persons to whom paragraph 10 applies.

(3) £97.50;

(4) Disability Premium—

(a)where the claimant satisfies the condition in [F140paragraph 11(1)(a)];

(4) (a) £27.50;

(b)where the claimant satisfies the condition in [F141paragraph 11(1)(b)].

(b)£39.15;

(5) Severe Disability Premium—

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

(5) (a) £52.85;

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

(b)

(i)if there is someone in receipt of a carer’s allowance or if he or any partner satisfies that condition only by virtue of paragraph 13(3A);

(i)£52.85;

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

(ii)£105.70;

(6) [F142Disabled Child Premium.]

(6) [F142£51.24 in respect of each child or young person in respect of whom the condition specified in paragraph 14 is satisfied.]

(7) Carer Premium.

(7) £29.50 in respect of each person who satisfied the condition specified in paragraph 14ZA.

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

(8) (a) [F142£20.65 in respect of each child or young person in respect of whom the conditions specified in paragraph 13A are satisfied;]

(b)£13.40 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)£19.30 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.]

Textual Amendments

F138Sums in Sch. 2 Pt. IV substituted (with effect in accordance with art. 1(2)(h) of the amending S.I.) by The Social Security Benefits Up-rating Order 2009 (S.I. 2009/497), art. 16(5), Sch. 3

F140Words in Sch. 2 para. 15(4)(a) substituted (coming into force in accordance with reg. 1(7) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 2(7)(h)(i)

F141Words in Sch. 2 para. 15(4)(b) substituted (coming into force in accordance with reg. 1(7) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 2(7)(h)(ii)

F142Words in Sch. 2 para. 15 omitted (for specified purposes and with effect in accordance with reg. 1(2)-(5) of the amending S.I.) by virtue of The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 1 para. 20(d)

PART VE+W+Srounding of fractions

16.  Where income support is awarded for a period which is not a complete benefit week and the applicable amount in respect of that period results in an amount which includes a fraction of a penny that fraction shall be treated as a penny.E+W+S

Commencement Information

I11Sch. 2 para. 16 in force at 11.4.1988, see reg. 1

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