The Housing Benefit (General) Regulations 1987

Patients

18.—(1) Subject to regulations 69 and 70 (calculation of weekly amounts and rent or rate-free periods), where a person has been a patient for a period of more than 6 weeks–

(a) in the case of a single claimant, his applicable amount shall be £8.25;

(b) in the case of a lone parent, his applicable amount shall be £8.25 plus any amount applicable to him under regulation 16(b) or (c) or (d) (applicable amounts) by virtue of his satisfying the condition specified in paragraphs 8 or 14 of Schedule 2;

(c) in the case of a married or unmarried couple–

(i) where the other member is not a patient, or has not been a patient for more than six weeks, his or, if he is not the claimant, the claimant’s applicable amount shall be the amount applicable under regulation 16 (applicable amounts) reduced by £8.25;

(ii) where the other member has also been a patient for more than six weeks, his or, as the case may be, the claimant’s applicable amount shall be £16.50 plus any amounts applicable under regulation 16(b) or (c) or (d) by virtue of his satisfying the condition specified in paragraph 14 of Schedule 2;

(d) if he is polygamously married:–

(i) where at least one member of the polygamous marriage is not a patient, or has not been a patient for more than six weeks, the applicable amount under regulation 17 (polygamous marriages) shall be reduced by £8.25 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 six weeks, the applicable amount shall be £8.25 in respect of each member plus any amounts applicable under regulation 17(c) or (d) or (e) by virtue of his satisfying the condition specified in paragraph 14 of Schedule 2.

(2) In paragraph (1), “patient” means a person (other than a person who is serving a sentence of imprisonment or detention in a youth custody institution) who is regarded as receiving free in-patient treatment within the meaning of the Social Security (Hospital In-Patients) Regulations 1975(1).

(3) For the purposes of calculating the period of 6 weeks referred to in paragraph (1), where a person has been maintained free of charge while undergoing medical or other treatment as an in-patient in a hospital or similar institution within the meaning of that paragraph for two or more distinct periods separated by one or more intervals each not exceeding 28 days, he shall be treated as having been so maintained for a period equal in duration to the total of those distinct periods.

(1)

S.I.1975/555; the relevant amending instruments are S.I. 1977/1693 and 1987/1683.