The Income Support (General) Regulations 1987

Patients

1.  Subject to paragraphs 2, 3 and 18, a person who has been a patient for a period of more than six weeks and who is—

(a)a single claimant;

(a)£8·25 plus any amount applicable under regulation 17(e);

(b)lone parent;

(b)£8·25 plus any amounts applicable to him under regulation 17(b), (c) or (e) or under regulation 17(d) because of paragraph 8 or 14 of Schedule 2 (applicable amounts);

(c)a member of a couple—

(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;

(c)(i)the amount applicable in respect of both of them under regulation 17 reduced by £8·25;

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

(ii)£16·50 plus any amounts which may be applicable under regulation 17(b), (c) or (e) or under regulation 17(d) because of paragraph 14 of Schedule 2;

(d)a member of a polygamous marriage—

(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;

(d)(i)the applicable amount under regulation 18 (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 that period.

(ii)the applicable amount shall be £8·25 in respect of each member plus any amounts applicable under regulation 18(c) or (d) or (f) or (e) because of his satisfying the condition specified in paragraph 3 or 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 1987(1) (persons unable to act); and

(a)Such amount (if any) not exceeding £8·25 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;

(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

(b)those conditions are not satisfied.

(b)£8·25.

3.  Subject to paragraph 18—

(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 or 18 except that the amount applicable under regulation 17(b) or 18(c) in respect of the child or young person referred to in Column (1) of this paragraph shall be £8·25 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(b) or 18(c) in respect of the child or young person referred to in Column (1) of this paragraph shall be £8·25 instead of an amount determined in accordance with paragraph 2 of Schedule 2.

4.  Subject to paragraph 18 a claimant who is a member of a family, where one or more members of that family is a patient and one or more members of that family temporarily enter into board and lodging accommodation within the meaning of regulation 20(2) (persons in board and lodging accommodation) in order to be near to the member who is a patient.

4.  The amount applicable to the family in accordance with regulation 17 or 21 as the case may be plus, except in a case to which any of paragraphs 12 to 15 of Schedule 5 applies, the weekly charge for the board and lodging accommodation calculated in accordance with paragraph 1 (1) (a) of that Schedule except that no increase shall be included in respect of meals under paragraph 2 of that Schedule.

5.  A claimant who is a member of a polygamous marriage, where one or more members of that marriage or any child or young person for whom any member of that marriage is treated as responsible for by virtue of regulation 15 (circumstances in which a person is to be treated as responsible or not responsible for another) temporarily enter into board and lodging accommodation in order to be near to the partner, child or young person who is a patient.

5.  The amount applicable to the family in accordance with regulation 18 or 21 as the case may be plus, except in a case to which any of paragraphs 12 to 15 of Schedule 5 applies, the weekly charge for the board and lodging accommodation calculated in accordance with paragraph 1 (1) (a) of that Schedule except that no increase shall be included in respect of meals under paragraph 2 of that Schedule.

6.  A claimant who is without accommodation.

6.  The amount applicable to him under regulation 17(a) only.

7.  A claimant who is a member of and fully maintained by a religious order.

7.  Nil.

8.  A person—

(a)except where sub-paragraph (b) applies, who is a prisoner;

(a)Nil;

(b)who is detained in custody pending trial or sentence following conviction by a court.

(b)only such amount, if any, as may be applicable under regulation 17(e).

9.  A claimant who is a member of a couple and who is temporarily separated from his partner where one of them is living in the home while the other member is—

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

(b)resident in a residential care home; or

(c)in accommodation referred to in sub-paragraphs (a) to (d) of the definition of residential accommodation in regulation 21(3) (special cases); or

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

(e)attending a course of training or instruction provided or approved by the Manpower Services Commission where the course requires him to live away from home; or

(f)in a probation or bail hostel approved for the purpose by the Secretary of State.

9.  Either—

(a)the amount applicable to him as a member of a couple under regulation 17; or

(b)the aggregate of his applicable amount and that of his partner assessed under the provisions of these Regulations as if each of them were a single claimant, or a lone parent,

whichever is the greater.

10.  A claimant who is a member of a polygamous marriage and who is temporarily separated from a partner of his, where one of them is living in the home while the other member is—

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

(b)resident in a residential care home; or

(c)in accommodation referred to in sub-paragraphs (a) to (d) of the definition of residential accommodation in regulation 21(3) (special cases); or

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

(e)attending a course of training or instruction provided or approved by the Manpower Services Commission where the course requires him to live away from home; or

(f)in a probation or bail hostel approved for the purpose by the Secretary of State.

10.  Either—

(a)the amount applicable to the members of the polygamous marriage under regulation 18; or

(b)the aggregate of the amount applicable for the members of the polygamous marriage who remain in the home under regulation 18 and the amount applicable in respect of those members not in the home calculated as if each of them were a single claimant, or a lone parent,

whichever is the greater.

11.  A claimant who is a member of a couple and whose partner is temporarily not present in Great Britain.

11.  For the first four weeks of that absence, the amount applicable to them as a couple under regulation 17, or 19 to 21 as the case may be and thereafter the amount applicable to the claimant in Great Britain under regulation 17 or 19 to 21 as the case may be as if the claimant were a single claimant or, as the case may be, a lone parent.

12.  A claimant who is a member of a polygamous marriage and who, or whose partner, is temporarily not present in Great Britain.

12.  For the first four weeks of that absence, the amount applicable to them as members of a polygamous marriage under regulations 18 to 21 as the case may be and thereafter the amount applicable to the claimant in Great Britain under regulations 18 to 21 as the case may be as if the member not in Great Britain were not a member of the marriage.

Persons in residential accommodation

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

(a)a single claimant;

(a)£41·15 of which £32·90 is in respect of the cost of the residential accommodation and £8·25 for personal expenses;

(b)a lone parent;

(b)the amount specified in sub-paragraph (a) of this column;

(c)one of a couple;

(c)twice the amount specified in sub-paragraph (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 (applicable amounts);

(e)a member of a polygamous marriage.

(e)the amount specified in sub-paragraph (a) of this column 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 a local authority.

(2)  £8·25.

14.  A claimant for whom accommodation is provided under section 3 and Part II of the Schedule to the Polish Resettlement Act 1947(2) (provision of accommodation in camps).

14.  The weekly amount of the charge payable in respect of the claimant and his family under section 3(6) of, and Part II of the Schedule to, that Act plus the amounts prescribed in paragraph 11(a) (ii) (whether or not the conditions referred to therein are satisfied) and 11(c) to (f) of Schedule 5 (applicable amounts for persons in board and lodging accommodation or hostels) as are appropriate in his case, in respect of personal expenses.

15.  Claimant being afforded temporary board and lodging in a resettlement unit under section 30 of and paragraph 2 of Schedule 5 to the Supplementary Benefits Act 1976(3) (reception centres).

15.  The weekly amount of any charge for board and lodging made by the Secretary of State under that section 30 plus the amount prescribed in paragraph 11(a) or (b) of Schedule 5 whichever is appropriate in respect of personal expenses.

16.  Where a person has to pay a retaining fee for accommodation which, but for his temporary absence from it, regulation 19 or 20 (persons in residential care or nursing homes) (persons in board and lodging accommodation or hostels would apply and—

16.  The amount otherwise applicable to him 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 4 (applicable amounts of persons in residential care or nursing homes) or paragraph 1(a) of Schedule 5 (applicable amounts of persons in board and lodging accommodation or hostels) as the case may be and—

(a)he is a person in accommodation referred to in any of sub-paragraphs (a) to (d) of regulation 21(3) (special cases) and paragraph 13 does not apply to him by reason only that his stay in that accommodation has not become other than temporary; or

(a)in a case to which sub-paragraph (a) or (b) of Column 1 applies any such increase shall not be for a continuous period of more than 52 weeks;

(b)he is a person to whom paragraph 1 to 3 or 18 (patients) applies; or

(b)in a case of a person to whom only sub-paragraph (c) of Column 1 applies, any such increase shall not be for a continuous period of more than four weeks.

(c)he is absent for a period of at least one week from that accommodation being accommodation either in a residential care home or nursing home and he is not required to be available for employment.

Persons from abroad

17.  Except in relation to a person from abroad to whom regulation 70(3) applies (urgent cases)—

(a)a person from abroad who is a single claimant;

17.—(a) Nil;

(b)a lone parent—

(i)where he is a person from abroad;

(b)(i)nil;

(ii)where he is not a person from abroad but one or more members of his family are persons from abroad;

(ii)the amount applicable to him under regulation 17(a) plus in respect of any members of his family not a person from abroad, any amounts applicable to him under regulation 17(b), (c) or (d) plus the amount applicable to him under regulation 17(e) or, as the case may be, regulation 19, 20, or 21;

(c)a member of a couple—

(i)where the claimant is not a person from abroad but his partner is such a person, whether or not regulation 70 applies to that partner;

(c)(i)the amount applicable in respect of him only under regulation 17(a) plus in respect of any child or young person who is a member of his family and who is not a person from abroad, any amounts which may be applicable to him under regulation 17(b), (c) or (d) plus the amount applicable to him under regulation 17(e); or as the case may be regulation 19, 20 or 21;

(ii)where the claimant is a person from abroad but his partner is not such a person;

(ii)nil;

(iii)where the claimant and his partner are both persons from abroad;

(iii)nil;

(d)where regulation 18 (polygamous marriages) applies and—

(i)the claimant is not a person from abroad but one or more but not all of his partners are persons from abroad;

(d)(i)the amounts determined in accordance with that regulation or regulation 19, 20 or 21 in respect of the claimant and any partners of his and any child or young person for whom he or any partner is treated as responsible, who are not persons from abroad;

(ii)the claimant is a person from abroad, whether or not one or more of his partners are persons from abroad;

(ii)nil;

(iii)the claimant and all his partners are persons from abroad;

(iii)nil;

(e)where any amount is applicable to the claimant under regulation 17(d) because of Part III of Schedule 2 because he or his partner satisfies the conditions prescribed therein and he or his partner as the person so satisfying the condition is a person from abroad.

(e)no amount shall be applicable under regulation 17(d) because of Part III of Schedule 2.

Persons in residential care or nursing homes, board and lodging accommodation or hostels who become patients

18.  A claimant to whom regulation 19 (persons in residential care or nursing homes) or regulation 20 (persons in board and lodging accommodation or hostels) 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 six weeks or less and the claimant—

(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;

18.—(a) (i) The amount which would be applicable under regulation 19 or 20, as the case may be, as if the claimant or the member of the family who is a patient were resident in the accommodation to which regulation 19 or 20 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 or 20, as the case may be, 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 or 20 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, or, as the case may be, paragraph 2 of Schedule 5 (meal allowances) plus the amount in respect of him as an allowance for personal expenses under paragraph 13 of Schedule 4 or paragraph 11 of Schedule 5, as the case may be, as if he were residing in the accommodation to which regulation 19 or 20 applies;

(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;

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

(i)a single claimant;

(b)(i)£8·25 plus either the amount prescribed in paragraph 16 in respect of any retaining fee he is liable to pay for the accommodation or the amount applicable by virtue of regulation 17(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 or, as the case may be, 20, 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 or paragraph 2 of Schedule 5 (meals allowances) and for the amount in respect of the allowance for personal expenses prescribed by either paragraph 13 of Schedule 4 or, as the case may be, paragraph 11 of Schedule 5, there shall be substituted the amount £8·25;

• where all the children or young persons are absent from the accommodation, £8·25 plus any amounts applicable to him under regulation 17(b), (c) or (d) plus, if appropriate, either the amount applicable under Column 2 of paragraph 16(a) or the amount applicable by virtue of regulation 17(e) (housing costs) 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 sub-paragraph (b)(iii) 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 or 20 as the case may be, and in respect of each such child or young person there shall be added the amount of £8·25;

(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 six 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 or, as the case may be, regulation 20, 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 six weeks no amount shall be applicable in respect of him under paragraph 2(2) of Schedule 4 or paragraph 2 of Schedule 5, as the case may be, and for the amount in respect of the allowance for personal expenses prescribed by either paragraph 13 of Schedule 4 or paragraph 11 of Schedule 5, there shall be substituted the amount of £8·25;

• 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 sub-paragraph (b)(ii) 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 or 20 as the case may be, and in respect of each such child or young person there shall be added the amount of £8·25;

(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 six weeks;

(iv)where there is no child or young person in the family £8·25 in respect of each member of the couple or polygamous marriage plus either the amount prescribed in paragraph 16 in respect of any retaining fee for the accommodation he is liable to pay or the amount applicable by virtue of regulation 17(e) or 18(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 or, as the case may be, 20 having taken into account any reduction in charge continued to apply to all the members of the family except that in respect of a member of the couple or polygamous marriage no amount shall be applicable in respect of him under paragraph 2(2) of Schedule 4 or paragraph 2 of Schedule 5, as the case may be, and for the amount in respect of the allowance for personal expenses prescribed by either paragraph 13 of Schedule 4 or paragraph 11 of Schedule 5 in respect of that member there shall be substituted the amount of £8·25;

• 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 paragraph 1(c) or 1(d) as is appropriate plus either the amount applicable under Column 2 of paragraph 16(a) or the amount applicable by virtue of regulation 17(e) or 18(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 and the member of the couple or polygamous marriage remaining in the accommodation and the lone parent patient the amount specified in case two 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 or 20 as the case may be, and in respect of each such child or young person there shall be added the amount of £8·25;

(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 or, as the case may be, regulation 20 as if that child or young person was not a member of the family plus an amount of £8·25 in respect of that child or young person.

Claimants entitled to the disability premium for a past period

19.  A claimant—

(a)whose time for claiming income support has been extended under regulation 19(2) of the Social Security (Claims and Payments) Regulations 1987(4) (time for claiming benefit); and

(b)whose partner was entitled to income support in respect of the period beginning with the day on which the claimant’s claim is treated as made under paragraph 6(4) of Schedule 7 to those Regulations and ending with the day on which the claim is actually made; and

(c)who satisfied the condition in paragraph 11(b) of Schedule 2 and the additional condition referred to in that paragraph and specified in paragraph 12(1)(b) of that Schedule in respect of that period.

19.  The amount only of the disability premium applicable by virtue of paragraph 11(b) of Schedule 2 as specified in paragraph 15(4)(b) of that Schedule.

Rounding of fractions

20.  Where any calculation under this Schedule or as a result of income support being awarded for a period less than one complete benefit week results in a fraction of a penny that fraction shall be treated as a penny.