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The Social Security Benefits Up-rating Order 1996

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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 IIcontributory periodical benefits

Description of benefitWeekly rate

1.  Unemployment benefit.

£48.25

2.  Short-term incapacity benefit.

(a)lower rate ... ... ... ...£46.15

(b)higher rate ... ... ... ...£54.55

2A.  Long-term incapacity benefit.

£61.15

4.  Maternity allowance (in cases not falling within section 35(1A)(a)).

£47.35

5.  Category B retirement pension where section 50(1)(a)(i) applies.

£36.60

6.  Child’s special allowance.

£11.15

PART IIWIDOW'S PAYMENT

Widow’s payment.£1,000.00

PART IIInon-contributory periodical benefits

Description of benefitWeekly rate

1.  Attendance allowance.

(a)higher rate ... ... ... ...£48.50

(b)lower rate ... ... ... ...£32.40

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

2.  Severe disablement allowance.

£36.95

3.  Age related addition.

(a)higher rate ... ... ... ... £12.90

(b)middle rate ... ... ... ...£8.10

(c)lower rate ... ... ... ...£4.05

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

4.  Invalid care allowance.

£36.60

5.  Guardian’s allowance.

£11.15

6.  Category C retirement pension.

(a)lower rate ... ... ... ... £21.90

(b)higher rate ... ... ... ...£36.60

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

7.  Category D retirement pension.

The higher rate for Category C retirement pension 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 applies (1)Increase for qualifying child (2) £Increase for adult dependant (3) £

1.  Unemployment benefit(1)–

(a)unemployment benefit, where the beneficiary is under pensionable age

—29.75

(b)unemployment benefit, where the beneficiary is over pensionable age

11.1536.60

1A.  Short-term incapacity benefit–

(a)where the beneficiary is under pensionable age

11.1528.55

(b)where the beneficiary is over pensionable age

11.1535.15

2.  Long-term incapacity benefit

11.1536.60

3.  Maternity allowance

—28.55

4.  Widowed mother’s allowance

11.15—

5.  Category A or B retirement pension

11.1536.60

6.  Category C retirement pension

11.1521.90

7.  Child’s special allowance

11.15—

8.  Severe disablement allowance

11.1521.95

9.  Invalid care allowance

11.1521.90

PART Vrates 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) Per cent.(2) £(3) £
10099.0060.65
9089.1054.59
8079.2048.52
7069.3042.46
6059.4036.39
5049.5030.33
4039.6024.26
3029.7018.20
2019.8012.13

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

(a)except in cases of exceptionally severe disablement ... ... ... ...£39.70

(b)in any case ... ... ... ...£79.40

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

£39.70

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 ... ... ... ...£99.00

(b)for any period during which the beneficiary is not over the age of 18 and not so entitled £60.65

5.  Unemployability supplement under paragraph 2 of Schedule 7.

£61.15

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 ... ... ... ...£12.90

(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 ... ... ... ...£12.90

(c)if heads (a) and (b) above do not apply and on the qualifying date the beneficiary was under the age of 45 ... ... ... ...£8.10

(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 ... ... ... ...£8.10

(e)in any other case ... ... ... ...£4.05

7.  Increase under paragraph 4 of Schedule 7 of weekly rate of disablement pension.

£11.15

8.  Increase under paragraph 6 of Schedule 7 of weekly rate of disablement pension.

£36.60

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

£6,580.00

10.  Widow’s pension (weekly rates).

(a)initial rate ... ... ... ...(2)£57.65

(b)higher permanent rate ... ... ... ...£61.15

(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).

£61.15

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

In respect of each qualifying child ... ... ... ...£11.15

Article 16

SCHEDULE 2SCHEDULE 4 TO THE FAMILY CREDIT REGULATIONS AS AMENDED BY THIS ORDER

SCHEDULE 4DETERMINATION OF MAXIMUM FAMILY CREDIT: ADULT, CHILD AND YOUNG PERSON CREDITS

(1)(2)
Adult, child, young personAmount of Credit

1.  Adult.

£46.45.

1A  In the case of an adult or adults to whom regulation 46(1)(aa) applies.

£10.30.

2.  Child–

(a)aged less than 11 years;

(a)£11.75;

(b)aged not less than 11 but less than 16 years.

(b)£19.45.

3.  Young person–

(a)aged not less than 16 but less than 18 years;

(a)£24.15;

(b)aged not less than 18 but less than 19 years.

(b)£33.80.

Article 1

SCHEDULE 3SCHEDULE 5 TO THE DISABILITY WORKING ALLOWANCE REGULATIONS AS AMENDED BY THIS ORDER

SCHEDULE 5DETERMINATION OF APPROPRIATE MAXIMUM DISABILITY WORKING ALLOWANCE

(1)(2)
Claimant, child or young personAmount of Allowance

1.  Single claimant.

1.  £48.25

2.  Claimant who is a member of a married or unmarried couple, or is a lone parent.

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2.  £75.60

2A.  In the case of a claimant to whom regulation 51(1)(bb) applies.

2A.  £10.30

3.  Child–

(a)age less than 11 years;

3.—(a) £11.75;

(b)aged not less than 11 but less than 16 years.

(b)£19.45.

4.  Young person–

(a)aged not less than 16 but less than 18 years;

4.—(a) £24.15;

(b)aged not less than 18 but less than 19 years.

(b)£33.80.

5.  Child or young person to whom regulation 51(1A) applies (disabled child or young person).

5.  £20.40

Article 18(3)

SCHEDULE 4PART I OF SCHEDULE 2 TO THE INCOME SUPPORT REGULATIONS AS AMENDED BY THIS ORDER

SCHEDULE 2APPLICABLE AMOUNTS

PART Ipersonal allowances

1.  The 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).

(1)(2)
Person or CoupleAmount

(1) Single claimant aged–

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

(1) (a) £28.85;

(b)less than 18 who falls within any of the circumstances specified in Part II of Schedule 1A or who, had he been a registered person, would fall within any of those circumstances, and who–

(i)is eligible for income support under regulation 13A; or

(ii)is the subject of a direction under section 125(1) of the Contributions and Benefits Act;

(b)£37.90;

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

(c)£37.90;

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

(d)£37.90;

(e)not less than 25.

(e)£47.90.

(2) Lone parent aged–

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

(2) (a) £28.85;

(b)less than 18 who falls within any of the circumstances specified in Part II of Schedule 1A or who, had he been a registered person, would fall within any of those circumstances, and who–

(i)is eligible for income support under regulation 13A; or

(ii)is the subject of a direction under section 125(1) of the Contributions and Benefits Act;

(b)£37.90;

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

(c)£37.90;

(d)not less than 18.

(d)£47.90.

(3) Couple–

(a)Where both members are aged less than 18 and–

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

(ii)had they not been members of a couple, each would be eligible for income support under regulation 13A (circumstances in which a person aged 16 or 17 is eligible for income support); or

(iii)they are married and each member is either a registered person or a person to whom Part I of Schedule 1A applies; or

(iv)there is a direction under section 125(1) of the Contributions and Benefits Act (income support to avoid severe hardship) in respect of each member; or

(v)there is a direction under section 125(1) of the Contributions and Benefits Act in respect of one of them and the other is eligible for income support under regulation 13A;

(3) (a) £57.20;

(aa)where both members are aged less than 18 and sub-paragraph (3)(a) does not apply but one member of the couple falls within any of the circumstances specified in Part II of Schedule 1A or who, had he been a registered person, would fall within any of those circumstances and that member–

(i)is eligible for income support under regulation 13A; or

(ii)is the subject of a direction under section 125(1) of the Contributions and Benefits Act;

(aa)£37.90;

(b)where both members are aged less than 18 and sub-paragraph (3)(a) or (aa) above does not apply but one member of the couple–

(i)is eligible for income support under regulation 13A; or

(ii)is the subject of a direction under section 125(1);

(b)£28.85;

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

(c)£75.20;

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

(i)is eligible for income support under regulation 13A; or

(ii)is the subject of a direction under section 125(1);

(d)£75.20;

(e)where one member is aged not less than 18 but less than 25 and the other member is a person under 18 who–

(i)is not eligible for income support under regulation 13A; or

(ii)is not the subject of a direction under section 125(1);

(e)£37.90;

(f)where one member is aged not less than 25 and the other member is a person under 18 who–

(i)is not eligible for income support under regulation 13A; and

(ii)is not the subject of a direction under section 125(1).

(f)£47.90.

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

(1)(2)
Child or Young PersonAmount

Person aged–

(a)

less than 11;

(a)£16.45;

(b)not less than 11 but less than 16;

(b)£24.10;

(c)not less than 16 but less than 18;

(c)£28.85;

(d)not less than 18.

(d)£37.90.

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

(a)except in a case to which head (b) applies, £54.00; and

(b)where the home in which the person resides is situated within the area described in Schedule 3C (the Greater London area), £60.00.

Article 18(5)

SCHEDULE 5PART 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.—(1) Lone parent premium.

(1) £5.20.

(2) Pensioner premium for persons aged under 75–

(2)

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

(a)£19.15;

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

(b)£28.90.

(2A) Pensioner premium for persons aged 75 and over–

(2A)

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

(a)£21.30;

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

(b)£31.90.

(3) Higher Pensioner Premium–

(3)

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

(a)£25.90;

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

(b)£37.05.

(4) Disability Premium–

(4)

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

(a)£20.40;

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

(b)£29.15.

(5) Severe Disability Premium–

(5)

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

(a)£36.40;

(b)where the claimant satisfies the condition in paragraph 13(2)(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)(3);

(b)(i)£36.40;

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

(ii)£72.80.

(6) Disabled Child Premium.

(6) £20.40 in respect of each child or young person in respect of whom the conditions specified in paragraph 14 are satisfied.

(7) Carer Premium(4).

(7) £13.00 in respect of each person who satisfied the condition specified in paragraph 14ZA.

Article 18(8) and (9)

SCHEDULE 6APPLICABLE AMOUNTS OF PERSONS IN RESIDENTIAL CARE AND NURSING HOMES

PART Iprovisions in schedule 4 to the income support regulations as amended by this order

Residential care homes

6.—(1) Subject to sub-paragraph (2) and paragraphs 8 to 11, where the accommodation provided for the claimant is a residential care home for persons in need of personal care by virtue of–

(a)old age, the appropriate amount shall be £203.00 per week;

(b)past or present mental disorder but excluding mental handicap, the appropriate amount shall be £214.00 per week;

(c)past or present drug or alcohol dependence, the appropriate amount shall be £214.00 per week;

(d)mental handicap, the appropriate amount shall be £244.00 per week;

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

(i)in the case of a person to whom paragraph 8 applies, £276.00 per week, or

(ii)in any other case, £203.00 per week; or

(f)any condition not falling within sub-paragraphs (a) to (e) above, the appropriate amount shall be £203.00 per week.

Nursing homes

7.  Subject to paragraphs 8 to 11, 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 £304.00 per week;

(b)mental handicap, the appropriate amount shall be £310.00 per week;

(c)past or present drug or alcohol dependence, the appropriate amount shall be £304.00 per week;

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

(i)in the case of a person to whom paragraph 8 applies, £341.00 per week, or

(ii)in any other case, £303.00 per week;

(e)terminal illness, the appropriate amount shall be £303.00 per week; or

(f)any condition not falling within sub-paragraphs (a) to (e), the appropriate amount shall be £303.00 per week.

11.—(1) Where the accommodation provided for the claimant is a residential care home or a nursing home which is, in either case, situated in the Greater London area and the actual charge for that accommodation exceeds the appropriate amount in his case by virtue of the preceding paragraphs of this Schedule, the amount shall be increased by any excess up to–

(a)in the case of a residential care home, £38.00;

(b)in the case of a nursing home, £43.00(5).

13.  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 £13.75, and if he has a partner, for his partner, £13.75;

(b)for a young person aged 18, £13.75;

(c)for a young person aged under 18 but over 16, £9.55;

(d)for a child aged under 16 but over 11, £8.25;

(e)for a child aged under 11, £5.65.

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 18(10) and (11)

SCHEDULE 7APPLICABLE AMOUNTS IN SPECIAL CASES

PART Iprovisions in schedule 7 to the income support regulations as amended by this order

(1)(2)
Patients

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

1.

(a)a single claimant;

(a)£15.30 plus any amount applicable under regulation 17(1)(e), (f) or (g);

(b)a lone parent;

(b)£15.30 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 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(1) reduced by £12.25;

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

(ii)£30.60 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–

(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 £12.25 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 £15.30 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 1987(21) (persons unable to act); and

(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

2.—(a) Such amount (if any) not exceeding £12.25 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;

(b)those conditions are not satisfied.

(b)£12.25

2A.  (7)A single claimant who is detained under the provisions of the Mental Health Act 1983(8) or the Mental Health (Scotland) Act 1984(9) and who immediately before his detention under either of those Acts was a prisoner.

2A.  £12.25

3.  (10)Subject to paragraph 18–

(a)a claimaint 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

3.—(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 £12.25 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(1)(b) or 18(1)(c) in respect of the child or young person referred to in Column (1) of this paragraph shall be £12.25 instead of an amount determined in accordance with paragraph 2 of Schedule 2.

Single claimants temporarily in local authority accommodation

10A.  (11)A single claimant who is temporarily in accommodation referred to in any of sub-paragraphs (a) to (d) (excluding heads (i) and (ii) of sub-paragraph (d)) of the definition of residential accommodation in regulation 21(3) (special cases).

10A.  £61.15 of which £13.75 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 local authority accommodation

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 any of sub-paragraphs (a) to (d) (excluding heads (i) and (ii) of sub-paragraph (d)) of the definition of residential accommodation in regulation 21(3) (special cases).

10B.—(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 17(1), 19 or 21 and in respect of the other member £61.15 of which £13.75 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 £61.15 of which £13.75 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 £61.15 of which £13.75 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.  (12)A claimant who is a lone parent who has entered residential accommodation temporarily.

10C.  £61.15 of which £13.75 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), or (d) in so far as that amount relates to the lone parent premium under paragraph 8 of Schedule 2.

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;

(b)a lone parent;

(c)one of a couple;

(d)a child or young person;

(e)a member of a polygamous marriage.

13.—(1) (13)Any amount applicable under regulation 17(1)(f) or (g) or 18(1)(g) or (h), plus–

(a)£61.15 of which £13.75 is for personal expenses;

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

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

(d)the appropriate amount in respect of him prescribed in paragraph 2 of Schedule 2 (applicable amounts);

(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) Any amount applicable under regulation 17(1)(f) or (g), plus £13.75.

Polish Resettlement

13A.—(1) A claimant for whom accommodation is provided under section 3 of, and Part II of the Schedule to, the Polish Resettlement Act 1947 (provision of accommodation in camps) where the claimant both requires personal care and is provided with it in the accommodation and–

(a)is resident in that accommodation on 31st March 1995 or is temporarily absent on that date; or

(b)is first provided with such accommodation and care on or after 1st April 1995; or

(c)is re-admitted to such accommodation on or after 1st April 1995 where his absence has been other than temporary.

(2) In this paragraph “personal care” means care which includes assistance with bodily functions where such assistance is required.

(3) An absence is temporary for the purposes of sub-paragraph (1) where the absent resident with the agreement of the manager of the accommodation intends to return to the accommodation in due course.

13A.—(1) The aggregate of–

(a)the weekly charge for the accommodation provided for him, or if he is a member of a family, for him and his family subject to the maximum determined in accordance with sub-paragraph (2); and

(b)a weekly amount for personal expenses for him or, if he is a member of a family, for him and for each member of his family determined in accordance with sub-paragraph (3) or, in the case of a claimant to whom sub-paragraph (1)(b) or (c) of Column (1) applies, determined in accordance with sub-paragraph (3A) below.

(2) The maximum referred to in sub-paragraph (1)(a) shall be–

(a)in the case of a single claimant, £341.00;

(b)in the case of a claimant who is a member of a family the aggregate of the following amounts–

(i)in respect of the claimant, £341.00;

(ii)in respect of each member of his family who lives in the aged under 11, 1½ times the amount specified in paragraph 2(a) of Schedule 2;

(iii)in respect of each member of his family aged not less than 11 who lives in the accommodation, £341.00; and

(iv)where the claimant is a lone parent, in respect of each member of the family who does not live in the accommodation, the amount which would be applicable in respect of that member under Schedule 2.

(3) Except where the claimant is a person to whom sub-paragraph (1)(b) or (c) of Column (1) refers, the amount for personal expenses referred to in sub-paragraph (1)(b) shall be–

(a)for the claimant, £17.35;

(b)for his partner, £17.35;

(c)for a young person aged 18, £15.55;

(d)for a young person aged under 18 but over 16, £9.55;

(e)for a child aged under 16 but over 11, £8.25;

(f)for a child aged under 11, £5.65.

(3A) In the case of a claimant to whom sub-paragraph (1)(b) or (c) of Column (1) applies, the amount for personal expenses referred to in sub-paragraph (1)(b) above shall be the aggregate of the amounts which are relevant to him and which are referred to in Schedule 4, paragraph 13.

(4) The maximum amount in respect of a member of a family aged under 11 calculated in the manner referred to in sub-paragraph (2)(b)(ii) 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.

Polish Resettlement: Persons temporarily absent from accommodation

13B.  Where a claimant or his partner is temporarily absent from accommodation to which paragraph 13A applies for which the claimant is liable to pay a retaining fee, and but for that absence from that accommodation his applicable amount would be calculated in accordance with that paragraph and the absent person–

13B.  The amount otherwise applicable to him under these Regulations may be increased to take account of the retaining fee–

(a)is a patient; or

(a)in a case to which sub-paragraph (a) of Column (1) applies–

(i)where the person has been a patient for a period of 6 weeks or less, by an amount not exceeding the maximum amount referred to in paragraph 13A(2)(a);

(ii)where the person has been a patient for a period of more than 6 weeks, by an amount not exceeding 80 per cent. of the normal weekly charge for that accommodation, but any such increase shall not be for a continuous period of more than 52 weeks;

(b)is a person to whom sub-paragraph (a) does not apply.

(b)in a case of a person to whom sub-paragraph (b) of Column (1) applies, by an amount not exceeding 80 per cent. of the normal weekly charge for that accommodation, but any such increase shall not be for a continuous period of more than 4 weeks.

Persons in residential care or nursing homes who become patients

18.  A claimant to whom regulation 19 (persons in residential care or nursing homes) 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;

(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 (meal allowances) plus the amount in respect of him as an allowance for personal expenses under paragraph 13 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);

(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 the 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 six weeks and the patient is–

(b)

(i)a single claimant;

(i)£15.30 plus any amount applicable under regulation 17(1)(f), 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(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 (meals allowances) and for the amount in respect of the allowance for personal expenses prescribed by paragraph 13 of Schedule 4, there shall be substituted the amount £15.30;

  • where all the children or young persons are absent from the accommodation, £15.30 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 16(a) or the amount applicable by virtue of regulation 17(1)(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)(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, and in respect of each such child or young person there shall be added the amount of £15.30;

(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 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 and for the amount in respect of the allowance for personal expenses prescribed by paragraph 13 of Schedule 4 there shall be substituted the amount of £15.30;

  • 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)(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 and in respect of each such child or young person there shall be added the amount of £12.25;

(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 £15.30 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 16 in respect of any retaining fee for the accommodation he is liable to pay or the amount applicable by virtue of 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 13 of Schedule 4 in respect of each member there shall be substituted the amount of £15.30;

  • 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(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 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, and in respect of each such child or young person there shall be added the amount of £12.25;

(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 as if that child or young person was not a member of the family plus an amount of £12.25 in respect of that child or young person.

PART IIother sums specified in schedule 7 to the income support regulations

Paragraph in Column (2) of Schedule 7Specified Sum

7.  members of religious orders

Nil

8.  prisoners

Nil

16.  (14)persons temporarily absent from a residential care or a nursing home

80 per cent.

17.  persons from abroad

Nil

Article 18(12)

SCHEDULE 8OTHER APPLICABLE AMOUNTS SPECIFIED IN THE INCOME SUPPORT REGULATIONS

Provisions in Income Support RegulationsSpecified Sum
Regulation 22(1)Weekly applicable amount to be reduced by a sum equivalent to 40 per cent. of the relevant amount.
Regulation 22(2)(a)£200.
Regulation 22(2)Weekly applicable amount to be reduced by a sum equivalent to 20 per cent. of the relevant amount.
Regulation 71(1)(a)(i)(15)90 per cent. of the amount applicable or, as the case may be, of the reduced applicable 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)(16)90 per cent. of the applicable amount.
Schedule 3(17), paragraph 5(3)

The relevant fraction of the applicable amount is the amount calculated by the formula

.

Schedule 3, paragraph 6(1)(b)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 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)(18)

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

.

Schedule 3, paragraph 12(2) and (3)5 per cent.

Article 21 (9)

SCHEDULE 9PART I OF SCHEDULE 2 TO THE HOUSING BENEFIT REGULATIONS AS AMENDED BY THIS ORDER

SCHEDULE 2APPLICABLE AMOUNTS

PART Ipersonal allowances

1.  The amounts specified in column (2) below 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)–

(1)(2)
Person or CoupleAmount

(1)  Single claimant aged–

(b)less than 25;

(1) (b) £37.90;

(c)not less than 25.

(c)£47.90.

(2) Lone parent aged–

(a)less than 18;

(2) (a) £37.90;

(b)not less than 18.

(b)£47.90.

(3) Couple–

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

(3) (a) £57.20;

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

(b)£75.20.

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

(1)(2)
Child or Young PersonAmount

Person aged–

(a)

less than 11;

(a)£16.45;

(b)not less than 11 but less than 16;

(b)£24.10;

(c)not less than 16 but less than 18;

(c)£28.85;

(d)not less than 18.

(d)£37.90.

Article 21(11)

SCHEDULE 10PART IV OF SCHEDULE 2 TO THE HOUSING BENEFIT REGULATIONS AS AMENDED BY THIS ORDER

PART IVamounts of premiums specified in part iii

PremiumAmount

15.—(1) Lone Parent Premium

1.  £11.50.

(2) (19)Pensioner Premium for persons aged under 75–

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

2.—(a) £19.15;

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

(b)£28.90.

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

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

2A.—(a) £21.30;

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

(b)£31.90.

(3) Higher Pensioner Premium–

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

3.—(a) £25.90;

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

(b)£37.05.

(4) Disability Premium–

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

4.—(a) £20.40;

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

(b)£29.15.

(5) Severe Disability Premium–

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

5.—(a) £36.40;

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

(i)in a case where there is someone in receipt of an invalid care allowance;

(b)(i)£36.40;

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

(ii)£72.80.

(6) Disabled Child Premium.

6.  £20.40 in respect of each child or young person in respect of whom the condition specified in paragraph 14 of Part III of this Schedule is satisfied.

(7) Carer Premium(20).

7.  £13.00 in respect of each person who satisfies the condition specified in paragraph 14ZA.

Article 22(6)

SCHEDULE 11PART I OF SCHEDULE 1 TO THE COUNCIL TAX BENEFIT REGULATIONS AS AMENDED BY THIS ORDER

SCHEDULE 1APPLICABLE AMOUNTS

PART Ipersonal allowances

1.  The amounts specified in column (2) below in respect of each person or couple specified in column (1) shall be the amounts specified for the purposes of regulations 8(a) and 9(a) and (b)–

(1)(2)
Person or CoupleAmount

(1) Single claimant aged–

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

(1) (a) £37.90

(b)not less than 25.

(b)£47.90

(2) Lone parent

(2) £47.90

(3) Couple

(3) £75.20

2.  The amounts specified in column (2) below in respect of each person specified in column (1) shall be the amounts specified for the purposes of regulations 8(b) and 9(c)–

(1)(2)
Child or Young PersonAmount

Person aged–

(a)

less than 11;

(a)£16.45

(b)not less than 11 but less than 16;

(b)£24.10

(c)not less than 16 but less than 18;

(c)£28.85

(d)not less than 18.

(d)£37.90

Article 22(8)

SCHEDULE 12PART IV OF SCHEDULE 1 TO THE COUNCIL TAX BENEFIT REGULATIONS AS AMENDED BY THIS ORDER

SCHEDULE 1APPLICABLE AMOUNTS

PART IVamounts of premiums specified in part iii

PremiumAmount

19.—(1) Lone parent premium

(1) £11.50

(2) Pensioner Premium for persons under 75–

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

(2) (a) £19.15

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

(b)£28.90

(3) Pensioner Premium for persons 75 or over–

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

(3) (a) £21.30

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

(b)£31.90

(4) Higher Pensioner Premium–

(a)where the claimant satisfies the condition in paragraph 11(1)(a) or (b);

(4) (a) £25.90

(b)where the claimant satisfies the condition in paragraph 11(2)(a) or (b).

(b)£37.05

(5) Disability Premium–

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

(5) (a) £20.40

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

(b)£29.15

(6) Severe Disability Premium–

(a)where the claimant satisfies the condition in paragraph 14(2)(a);

(6) (a) £36.40

(b)where the claimant satisfies the condition in paragraph 14(2)(b)–

(i)in a case where there is someone in receipt of an invalid care allowance;

(b)(i)£36.40

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

(ii)£72.80

(7) Disabled Child Premium

(7) £20.40 in respect of each child or young person in respect of whom the condition specified in paragraph 15 of Part III of this Schedule is satisfied.

(8) Carer Premium

(8) £13.00 in respect of each person who satisfies the condition specified in paragraph 16.

(1)

Paragraph 1A was inserted, and paragraph 2 substituted, by section 2(6) of the Social Security (Incapacity for Work) Act 1994 (c. 18), sub-paragraphs (c) and (d) of paragraph 1 were repealed by Schedule 2 to that Act.

(2)

Widow’s pension is payable in relation only to deaths occurring before 11th April 1988 (paragraph 14(1) of Schedule 7). The initial rate relates only to the period of 26 weeks following the date of the deceased’s death (paragraph 16(1) of Schedule 7). The rate stated is therefore the rate applicable for the 26 weeks following 10th April 1988.

(3)

Words added by regulation 29(e) of S.I. 1988/663.

(4)

Sub-paragraph (7) was introduced by S.I. 1990/1776, regulation 8(e).

(5)

Paragraph 11(1) was amended by S.I. 1991/544, regulation 2.

(6)

Paragraph 1 was amended by S.I. 1988/1445, regulation 23 and Schedule 1, paragraph 15(a), S.I. 1988/2022, regulation 21(a) and S.I. 1990/547, regulation 21(a).

(7)

Paragraph 2A was inserted by S.I. 1990/547, regulation 21(b).

(10)

Paragraph 3 was amended by S.I. 1988/1445, regulation 23.

(11)

Paragraphs 10A and 10B were inserted by S.I. 1988/663, regulation 33(b), and amended by S.I. 1988/2022, regulation 21(b), S.I. 1988/1445, regulation 23, S.I. 1989/534, regulation 9, S.I. 1992/3147 and S.I. 1993/2119.

(12)

Paragraph 10C was inserted by S.I. 1988/2022, regulation 21(c), and amended by S.I. 1990/547, regulation 21(e) and S.I. 1992/3147 and 1993/2119.

(13)

Words substituted in column 2 of paragraph 13 by S.I. 1988/1445, regulation 23(d) and amended by S.I. 1990/547, regulation 21(k)(i) and (ii), S.I. 1992/3147 and S.I. 1993/2119.

(14)

Amended by S.I. 1989/534, Schedule 1, paragraph 13(f) and S.I. 1993/2119, regulation 21(3).

(15)

Regulation 71 was amended by S.I. 1992/3147, Schedule 1, paragraph 4 and S.I. 1993/2119, regulation 17.

(16)

Inserted by S.I. 1988/633, regulation 25(b).

(17)

Schedule 3 was substituted by S.I. 1995/1613, regulation 2.

(18)

Paragraph 11(11) was inserted by S.I. 1995/2927, regulation 5(8)(c).

(19)

Sub-paragraphs (2) and (2A) substituted by S.I. 1989/416, regulation 7(c).

(20)

Sub-paragraph (7) inserted by regulation 9(e) of S.I. 1990/1775.

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