The Income Support (General) Regulations 1987

Regulation 20

SCHEDULE 5

PART Iapplicable amounts of persons in board and lodging accommodation or hostels

1.—(1) Subject to sub-paragraph (2), the weekly applicable amount of a claimant to whom regulation 20 applies shall be the aggregate of—

(a)subject to paragraph 3, the weekly charge for the accommodation including all meals and services provided for him or, if he is a member of a family, for him and his family increased where appropriate in accordance with paragraph 2 but, except in a case to which paragraph 10 applies, subject to the maximum determined in accordance with paragraph 5; and

(b)a weekly amount for personal expenses for him and, if he is a member of a family, for each member of his family determined in accordance with paragraph 11; and

(c)where he is only temporarily in such accommodation any amount applicable under regulation 17 (e) or 18 (f) (housing costs) in respect of the dwelling normally occupied as the home.

(2) No amount shall be included in respect of any child or young person who is a member of the claimant’s family if the capital of that child or young person calculated in accordance with Part V in like manner as for the claimant, except where otherwise provided, would exceed £3,000.

2.  Where the weekly charge for accommodation does not include the provision of all meals, it shall, for the purpose of paragraph 1 (1) (a) be increased in respect of the claimant or, if he is a member of a family, in respect of each member of his family by the following amount—

(a)if the meals can be purchased within the board and lodging accommodation or hostel, the amount equal to the actual cost of the meals, calculated on a weekly basis; or

(b)if the meals cannot be so purchased, the amount calculated on a weekly basis—

(i)for breakfast, at a daily rate of £1·10;

(ii)for a midday meal, at a daily rate of £1·55;

(iii)for an evening meal, at a daily rate of £1·55;except that, if some or all of the meals are normally provided free of charge or at a reduced rate, the amount shall be reduced to take account of the lower charge or reduction.

3.  Where any part of the weekly charge for the accommodation is met by housing benefit, an amount equal to the part so met shall be deducted from the amount calculated in accordance with paragraph 1 (1) (a).

4.  Where a payment is to be made in respect of a period of less than one week, the applicable amount of the claimant under regulation 20 and this Schedule shall include the weekly amount to which paragraph 1 (1) (a) applies, other than the increase for meals met under paragraph 2 which shall be met only in respect of the number of days falling in that period, if the weekly charge for the accommodation falls to be paid during that period.

5.  Subject to paragraphs 6 and 7 the maximum referred to in paragraph 1 (1) (a) shall be—

(a)in the case of a single claimant—

(i)in board and lodging accommodation, the appropriate amount in respect of that claimant specified in column (3) of Schedule 6 in respect of the board and lodging area in which his accommodation is situated; or

(ii)in a hostel £70·00 per week;

(b)where the claimant is a member of a family, in respect of each member of the family aged under 11, 1½ times the amount specified in paragraph 2 (a) of Schedule 2, and either

(i)if he is residing in board and lodging accommodation, in respect of each other member of the family, the appropriate amount specified in column (3) of Schedule 6 in respect of the board and lodging area in which the family’s accommodation is situated; or

(ii)if he is residing in a hostel, in respect of each other member of the family, £70·00 per week.

6.  The maximum amount applicable in respect of a member of the family aged under 11 calculated in the manner referred to in paragraph 5 (b) (i) shall be rounded to the nearest multiple of 5p by treating an odd amount of 2·5p or more as 5p and by disregarding an odd amount of less than 2·5p.

7.  Except as provided by paragraph 9, the maximum amount specified in paragraph 5 shall be increased by any excess of the actual charge made to the claimant or, if he is a member of a family, made in respect of the family up to £17·50 in a case to which paragraph 8 applies or, if the claimant is one of a couple and paragraph 8 (a) or (c) (i) or (ii) applies, up to £35·00.

8.  The increase referred to in paragraph 7 shall apply in the case of—

(a)a claimant who has attained a pensionable age or, if one of a couple or polygamous marriage either member of that couple or any member of that marriage is aged 65 or over;

(b)a claimant or any other member of the family who is infirm by reason of physical or mental disability;

(c)a claimant in respect of whom one or more of the following conditions are satisfied:—

(i)he or his partner is a person suffering from a mental disorder within the meaning of the Mental Health Act 1983(1) or the Mental Health (Scotland) Act 1984(2) in respect of whom a local social services authority has, under section 21 of, and paragraph 2 of Schedule 8 to, the National Health Service Act 1977(3) (prevention, care and after-care), made arrangements for the provision of residential accommodation in a private household or in premises which are not required to be registered under the Registered Homes Act 1984(4);

(ii)he or his partner is a person who is resident in premises which are used for the rehabilitation of alcoholics or drug addicts and is so resident for the purposes of such rehabilitation.

9.  Only one increase under paragraph 7 shall be applicable in respect of the claimant or any member of his family and the amount payable by virtue of that paragraph in respect of a claimant and his partner shall not exceed £35·00 and, if the claimant or any of his family who are in board and lodging accommodation or in a hostel is in receipt of an attendance allowance the increase shall only be payable to the extent that the excess of the actual charge for board and lodging accommodation or the hostel over the maximum amount is more than the amount of the attendance allowance in payment but only up to the amount specified for the time being as the higher rate of attendance allowance for the purposes of section 35 (3) of the Social Security Act.

10.—(1) Where the claimant satisfies the conditions in sub-paragraph (2), the maximum referred to in paragraph 1 (1) (a) shall not apply for a period of 13 weeks or, if alternative accommodation is found earlier, such lesser period following date of claim except to the extent that the claimant is able to meet out of income disregarded for the purposes of Part V the balance of the actual charge for the board and lodging accommodation over the maximum.

(2) For the purposes of sub-paragraph (1) the conditions are that—

(a)the claimant has lived in the same accommodation for more than 12 months; and

(b)he was able to afford the charges in respect of that accommodation when he took up residence; and

(c)having regard to the availability of board and lodging accommodation or hostels and to the circumstances mentioned in paragraph 10 (7) (b) of Schedule 3 (housing costs), it is reasonable for the maximum referred to in paragraph 5 not to apply for the said period in order to allow the claimant to find alternative accommodation; and

(d)he is not a person who is being accommodated—

(i)by a housing authority under Part III of the Housing Act 1985(5) (housing the homeless), or

(ii)by a local authority under section 1 of the Child Care Act 1980(6) (duty of local authorities to promote welfare of children), or, in Scotland, section 12 of the Social Work (Scotland) Act 1968(7) (general welfare); and

(e)he is seeking alternative accommodation and intends to leave his present accommodation once alternative accommodation is found.

11.  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 and for his partner where—

(i)at least one member of the family is a child or young person, £11·50;

(ii)he or his partner satisfies the conditions specified in Part III of Schedule 2 (applicable amounts) for the applicability of any of the premiums specified in that Part, £11·50;

(b)in any other case—

(i)for the claimant, £10·30, and

(ii)for his partner, £10·30;

(c)for a young person aged 18, £10·30;

(d)for a young person aged 16 or over but under 18, £6·20;

(e)for a child aged 11 or over but under 16, £5·30;

(f)for a child aged under 11, £3·45.

PART IIpersons to whom regulation 20 and part i of this schedule is not to apply

12.  A claimant and his family whose accommodation and meals (if any) are provided in whole or in part by a close relative of any member of that family or other than on a commercial basis.

13.  A person who is on holiday and during a period which has not continued for more than 13 weeks is absent from the home or from a hospital or similar institution in which he is normally a patient.

14.  A person who has entered into arrangements for board and lodging accommodation for the purpose of receiving an amount of income support to which he would not otherwise be entitled.

15.  A person aged 16 or over but under 19 who is in the care of a local authority under the provisions of a relevant enactment, except where he is personally liable to pay the cost of his accommodation and maintenance direct to someone other than a local authority.

16.—(1) Subject to sub-paragraphs (2) to (5) below, a person who—

(a)is aged 16 or over but under 25, and, if one of a couple, whose partner is also 16 or over but under 25; and

(b)is required to be available for employment.

(2) Sub-paragraph (1) above shall not have effect in respect of such a person before the beginning of, and during, the initial period (including that period as extended under sub-paragraph (5) below) shown as applicable in column (4) of Schedule 6 in respect of the board and lodging area in which that person’s accommodation is situated.

(3) Without prejudice to sub-paragraph (4) below, sub-paragraph (1) above shall not have effect in respect of a claimant who was in receipt of supplementary benefit as a boarder on 24th November 1985.

(4) Sub-paragraph (1) above shall not have effect also where such a person—

(a)is treated as responsible for a child or young person; or

(b)is in a hostel; or

(c)is, or has a partner who is, pregnant; or

(d)is, or has a partner who is, chronically sick, mentally handicapped, physically disabled or suffering from a mental disorder or was, or has a partner who was, suffering from a mental disorder and it is unreasonable to expect him or his partner to be in accommodation other than board and lodging accommodation; or

(e)had, or has a partner who had, prior to the date of claim been in the accommodation for six months whilst either in employment and not in receipt of supplementary allowance under the Supplementary Benefit Act 1976 or income support, or, if not in employment and in receipt of such an allowance or income support, was not required to be available for employment; or

(f)has, or has a partner who has, entered that accommodation as part of a programme of rehabilitation or resettlement under guidance from a government department, health authority, local authority, voluntary organisation or the probation service; or

(g)is a student, during his normal summer vacation provided he occupies the same accommodation as he occupied when attending his course of study; or

(h)has, or has a partner who has, been in the care of a local authority under a relevant enactment and twelve months has not elapsed since he or his partner ceased to be in care; or

(i)is aged 16 or over but under 19 and—

(i)has no parent and there is no person acting in the place of his parent; or

(ii)has had to leave his family home because he was in physical or moral danger; or

(iii)is in the care of the local authority under the provisions of a relevant enactment, being a person who is personally liable to pay the cost of his accommodation and maintenance direct to someone other than a local authority; or

(j)is in the same accommodation as that of his or of his partner’s parents or step-parents who are in board and lodging accommodation; or

(k)is in the same accommodation as that of the persons with whom he or his partner has been previously boarded out by a local authority under the provisions of a relevant enactment; or

(l)is, or has a partner who is, remanded on bail, or is, or has a partner who is, in compliance with a court order, under the supervision of a probation officer, a local social services authority or, in Scotland, a social work department; or

(m)would, or has a partner who would, suffer exceptional hardship if sub-paragraph (1) above were to apply; and any question as to whether any person comes within this sub-paragraph shall be determined by the Secretary of State in his discretion and his decision of such questions—

(i)shall be given in relation to particular cases only;

(ii)may be revised from time to time as he considers appropriate;

(iii)may be given so as to have effect for a specified period; and

(iv)shall be conclusive for the purposes of this Schedule.

(5) Where during an initial period a person becomes employed and is not in receipt of income support or he is no longer required to be available for employment and is in receipt of income support, that initial period shall be extended by the period during which that person is employed or is no longer required to be available for employment provided he is in the same board and lodging area.

17.—(1) A person who was for a period one to whom regulation 20 and Part II of this Schedule applied because of sub-paragraph (2) of paragraph 16 (during an initial period) and in respect of whom the relevant period has not elapsed.

(2) For the purposes of this paragraph “the relevant period” means the period of 26 weeks beginning with the first day of the benefit week following the date of the adjudication officer’s decision involving a determination that that person is a person to whom regulation 20 and Part II of this Schedule applies because of paragraph 16 (2).

18  . In this Schedule “initial period” means that period provided by paragraph 16 (2) consisting of a week or multiple of weeks beginning with the first day of the benefit week following the date of the adjudication officer’s decision involving a determination that the person concerned is a person in board and lodging accommodation because of paragraph 16 (2), being a week or multiple of weeks that correspond to benefit weeks during which the person is required to be available for employment.