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The Income Support (General) Regulations 1987

Type Statutory-Instrument
Publication 1987-11-20
Last updated 2026-03-15
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
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articles Not indexed
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[^key-6cf339a4ca0a1b4730de8795e4b7429b]: Sch. 2 para. 13A(2)(a): sum confirmed (coming into force in accordance with art. 1(3)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2025 (S.I. 2025/295), arts. 1(3)(g), 20(2)(b)

[^key-07892f4c82be58331367f0a78a907721]: Sch. 2 para. 14(2)(a): sum confirmed (coming into force in accordance with art. 1(3)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2025 (S.I. 2025/295), arts. 1(3)(g), 20(2)(b)

[^key-92db2dc0880caa93ae24ae7021071a94]: Sch. 2 Pt. IV table substituted (coming into force in accordance with art. 1(3)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2025 (S.I. 2025/295), arts. 1(3)(g), 20(5), Sch. 3

[^key-c849cb7ee9fe5ed7b9662f2ad13bf43d]: Sum in Sch. 2 para. 2(1)(a) substituted (coming into force in accordance with art. 1(3)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2025 (S.I. 2025/295), arts. 1(3)(g), 20(3)(b)

[^key-d614e0ff65285bee62d0bdf087416a33]: Sum in Sch. 2 para. 2(1)(b) substituted (coming into force in accordance with art. 1(3)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2025 (S.I. 2025/295), arts. 1(3)(g), 20(3)(b)

[^key-b5ade1a09761bcfc1d975911e9486a2d]: Sum in Sch. 2 para. 3(1)(a) substituted (coming into force in accordance with art. 1(3)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2025 (S.I. 2025/295), arts. 1(3)(g), 20(4)(a)

[^key-f70892f7b05ebfc509a475e32b21d292]: Sum in Sch. 2 para. 3(1)(b) substituted (coming into force in accordance with art. 1(3)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2025 (S.I. 2025/295), arts. 1(3)(g), 20(4)(b)

[^key-ff68ab4429fc2b89853b25fca8178b62]: Sch. 2 para. 1 table substituted (coming into force in accordance with art. 1(3)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2025 (S.I. 2025/295), arts. 1(3)(g), 20(3)(a), Sch. 2

[^key-2bef6921b962f418959b3e6be7e321d0]: Sum in Sch. 3 para. 18(1)(a) substituted (coming into force in accordance with art. 1(3)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2025 (S.I. 2025/295), arts. 1(3)(g), 20(6)(a)

[^key-fcc9d1a613cdfe15cb1c40d1fed7dbd4]: Sum in Sch. 3 para. 18(1)(b) substituted (coming into force in accordance with art. 1(3)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2025 (S.I. 2025/295), arts. 1(3)(g), 20(6)(b)

[^key-064a1ad25867532e317f65d827984a93]: Sum in Sch. 3 para. 18(2)(a) substituted (coming into force in accordance with art. 1(3)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2025 (S.I. 2025/295), arts. 1(3)(g), 20(6)(c)

[^key-d2ec582f2dfb8eec14468dbdbd03321d]: Sum in Sch. 3 para. 18(2)(b) substituted (coming into force in accordance with art. 1(3)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2025 (S.I. 2025/295), arts. 1(3)(g), 20(6)(d)(i)

[^key-1f2d8fe09edea12dc07c24583d346918]: Sum in Sch. 3 para. 18(2)(b) substituted (coming into force in accordance with art. 1(3)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2025 (S.I. 2025/295), arts. 1(3)(g), 20(6)(d)(ii)

[^key-6f472c4d21c724ec086a60a67130a4e4]: Sum in Sch. 3 para. 18(2)(b) substituted (coming into force in accordance with art. 1(3)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2025 (S.I. 2025/295), arts. 1(3)(g), 20(6)(d)(iii)

[^key-914f25afea39f1d254a936f3031bfd0b]: Sum in Sch. 3 para. 18(2)(c) substituted (coming into force in accordance with art. 1(3)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2025 (S.I. 2025/295), arts. 1(3)(g), 20(6)(e)(i)

[^key-0fd79b3900c5ac2f948430a8c88b61af]: Sum in Sch. 3 para. 18(2)(c) substituted (coming into force in accordance with art. 1(3)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2025 (S.I. 2025/295), arts. 1(3)(g), 20(6)(e)(ii)

[^key-ca0b18184d3d399f019e1a6302c26bfc]: Sum in Sch. 3 para. 18(2)(c) substituted (coming into force in accordance with art. 1(3)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2025 (S.I. 2025/295), arts. 1(3)(g), 20(6)(e)(iii)

[^key-5fa92c3536ff2a7c2b58fa8e5c868add]: Sum in Sch. 3 para. 18(2)(d) substituted (coming into force in accordance with art. 1(3)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2025 (S.I. 2025/295), arts. 1(3)(g), 20(6)(f)(i)

[^key-fcd77f583e0cc82602e4b7c012f90358]: Sum in Sch. 3 para. 18(2)(d) substituted (coming into force in accordance with art. 1(3)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2025 (S.I. 2025/295), arts. 1(3)(g), 20(6)(f)(ii)

[^key-19faeee2f46c85b2b9c406af1bcf7ce7]: Sum in Sch. 3 para. 18(2)(d) substituted (coming into force in accordance with art. 1(3)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2025 (S.I. 2025/295), arts. 1(3)(g), 20(6)(f)(iii)

[^key-9604b4dc0220a7ab1bac415cc9f124f2]: Sum in Sch. 3 para. 18(2)(e) substituted (coming into force in accordance with art. 1(3)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2025 (S.I. 2025/295), arts. 1(3)(g), 20(6)(g)(i)

[^key-60fec0bc6ecdaeb787d950f7699f534a]: Sum in Sch. 3 para. 18(2)(e) substituted (coming into force in accordance with art. 1(3)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2025 (S.I. 2025/295), arts. 1(3)(g), 20(6)(g)(ii)

[^key-0f341800b1947173c3d34fd19e1e6963]: Sum in Sch. 3 para. 18(2)(e) substituted (coming into force in accordance with art. 1(3)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2025 (S.I. 2025/295), arts. 1(3)(g), 20(6)(g)(iii)

[^key-29542c1d537310f3e5e952f4d0abe9fd]: Reg. 18(1)(c): sum confirmed (coming into force in accordance with art. 1(3)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2025 (S.I. 2025/295), arts. 1(3)(g), 20(2)(a)

[^key-01c1364bd0be442c28ff7b7f9c3a95a4]: Reg. 4(3B)(3C) inserted (18.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025 (S.I. 2025/884), regs. 1(1), 4(2)(c)

[^key-ad959a7ffeab5072ec1f5cf086ed4ab1]: Word in reg. 4(1)(b) substituted for full stop (18.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025 (S.I. 2025/884), regs. 1(1), 4(2)(a)

[^key-ada592810e7934955cdc86fcf77d3ea0]: Reg. 4(1)(c) inserted (18.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025 (S.I. 2025/884), regs. 1(1), 4(2)(b)

[^key-eeeae51df593aab5e6fd6af4221e01e6]: Words in reg. 2(1) inserted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment) (No. 2) Regulations 2025 (S.I. 2025/778), regs. 1(1), 2(2)(a)

[^key-1a99432c3987139e66d06b2a586ad651]: Words in reg. 2(1) substituted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment) (No. 2) Regulations 2025 (S.I. 2025/778), regs. 1(1), 2(2)(b)

[^key-67481c10a3bc216c5bfdd3a36665994c]: Reg. 42(4ZB)(f) inserted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment) (No. 2) Regulations 2025 (S.I. 2025/778), regs. 1(1), 2(3)

[^key-ee88303b710aa8f41e97f857d2d93cab]: Reg. 48(10)(ag) inserted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment) (No. 2) Regulations 2025 (S.I. 2025/778), regs. 1(1), 2(4)

[^key-50cfa60434bdb9c2c6b2c872bdb8c0d1]: Reg. 51(3B)(g) inserted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment) (No. 2) Regulations 2025 (S.I. 2025/778), regs. 1(1), 2(5)

[^key-32501f15024f9814f3c5dea538f9a98b]: Words in Sch. 3 para. 18(8)(b) substituted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment) (No. 2) Regulations 2025 (S.I. 2025/778), regs. 1(1), 2(6)

[^key-b8ce5d66a6a56b8fbd19f8b1f8b64fac]: Sch. 9 para. 39(1A)(f) inserted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment) (No. 2) Regulations 2025 (S.I. 2025/778), regs. 1(1), 2(7)(a)

[^key-b2f6e218709712f2cd09653573698a8e]: Words in Sch. 9 para. 39(2)-(6) substituted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment) (No. 2) Regulations 2025 (S.I. 2025/778), regs. 1(1), 2(7)(b)

[^key-0c18d2274daac5109a6a4372c6a64169]: Words in Sch. 10 para. 22(1A) substituted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment) (No. 2) Regulations 2025 (S.I. 2025/778), regs. 1(1), 2(8)(a)

[^key-b5aa75b497ed22e4d4bf23471d84ad11]: Words in Sch. 10 para. 22(6) substituted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment) (No. 2) Regulations 2025 (S.I. 2025/778), regs. 1(1), 2(8)(b)

[^key-1cbb0885c6937ddeefe3c09764d397d3]: Words in Sch. 10 para. 22(2)-(5) substituted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment) (No. 2) Regulations 2025 (S.I. 2025/778), regs. 1(1), 2(8)(b)

[^key-cf779b35d5b81e7f60bb90327b2a8624]: Sch. 9 paras. 88, 89 inserted (15.3.2026) by The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026 (S.I. 2026/246), arts. 1(2), 8(4)

[^key-bfc9a75a3fa81c0fc48cc4f9a47e575a]: Words in reg. 2(1) substituted (15.3.2026) by The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026 (S.I. 2026/246), arts. 1(2), 8(2)

[^key-79f4a8dccc9c4fdf55cc88967e6044bf]: Sch. 2 para. 14ZA(5) inserted (15.3.2026) by The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026 (S.I. 2026/246), arts. 1(2), 8(3)(d)

[^key-316be02a77444c036125148fbbd3e6ac]: Words in Sch. 2 para. 14ZA(3) substituted (15.3.2026) by The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026 (S.I. 2026/246), arts. 1(2), 8(3)(b)

[^key-1a20338f5682850fc14f3ad4e902e8a7]: Words in Sch. 2 para. 14ZA(4) substituted (15.3.2026) by The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026 (S.I. 2026/246), arts. 1(2), 8(3)(c)

[^key-23d2cbe4d0d0d4bb024d80f9a4007bb5]: Words in Sch. 2 para. 14ZA(1) substituted (15.3.2026) by The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026 (S.I. 2026/246), arts. 1(2), 8(3)(a)

[^key-118094fb28c93057fc715cc157f337d2]: Sch. 10 para. 7(1)(h) inserted (15.3.2026) by The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026 (S.I. 2026/246), arts. 1(2), 8(5)(b)

[^key-f9d41b3bc257ce1b4a57325ef036414e]: Words in Sch. 10 para. 7(1)(a) substituted (15.3.2026) by The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026 (S.I. 2026/246), arts. 1(2), 8(5)(a)

25

Where a claimant has ceased to occupy what was formerly the dwelling occupied as the home following his estrangement or divorce from , or dissolution of his civil partnership with, his former partner, that dwelling for a period of 26 weeks from the date on which he ceased to occupy that dwelling or, where that dwelling is occupied as the home by the former partner who is a lone parent, for as long as it is so occupied.

26

Any premises where the claimant is taking reasonable steps to dispose of those premises, for a period of 26 weeks from the date on which he first took such steps, or such longer period as is reasonable in the circumstances to enable him to dispose of those premises.

27

Any premises which the claimant intends to occupy as his home, and in respect of which he is taking steps to obtain possession and has sought legal advice or has commenced legal proceedings, with a view to obtaining possession, for a period of 26 weeks from the date on which he first sought such advice or first commenced such proceedings whichever is earlier, or such longer period as is reasonable in the circumstances to enable him to obtain possession and commence occupation of those premises.

28

Any premises which the claimant intends to occupy as his home to which essential repairs or alterations are required in order to render them fit for such occupation, for a period of 26 weeks from the date on which the claimant first takes steps to effect those repairs or alterations, or such longer period as is reasonable in the circumstances to enable those repairs or alterations to be carried out and the claimant to commence occupation of the premises.

Persons under 18 years

13A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Member of couple looking after children while other member temporarily abroad

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 1A — CIRCUMSTANCES IN WHICH A PERSON AGED 16 OR 17 IS ELIGIBLE FOR INCOME SUPPORT

PART I — PERS0NS ELIGIBLE UNTIL 18

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART II — PERS0NS ELIGIBLE UNTIL THE RELEVANT DATE DETERMINED UNDER REGULATION 13A(3)(b)

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Persons in receipt of concessionary payments

14A

For the purpose of determining whether a premium is applicable to a person under 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.

40

Any payment made by the Secretary of State to compensate for the loss (in whole or in part) of entitlement to housing benefit.

29

Any payment in kind which is a Grenfell Tower payment , child abuse payment or Windrush payment or made by a charity or under or by the Macfarlane (Special Payments) Trust , the Macfarlane (Special Payments) (No. 2) Trust the Fund , MFET Limited , the Skipton Fund, the Caxton Foundation , the Scottish Infected Blood Support Scheme , an approved blood scheme ... or the Independent Living Fund (2006).

30

Any payment made pursuant to section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990, but only for the period of 52 weeks beginning on the date of receipt of the payment.

31

Any payment made by the Secretary of State to compensate for the loss (in whole or in part) of entitlement to housing benefit.

10C

A claimant who is a lone parent who has entered residential accommodation temporarily.

10C

£77.45 of which £17.50 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).
41

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

42

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

43

Any payment made to a juror or a witness in respect of attendance at a court other than compensation for loss of earnings or for the loss of a benefit payable under the benefit Acts.

44

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

32

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34

Any payment made to a juror or a witness in respect of attendance at a court other than compensation for loss of earnings or for the loss of a benefit payable under the benefit Acts.

35

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 3A — PROTECTED SUM

Interpretation

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Protected sum

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Persons not entitled to a protected sum

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Period of application

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reduction of protected sum

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Termination of protected sum

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Protected persons

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Permitted period

3A
  • (1) For the purposes of regulation 17(6), ... paragraph 7(6) of Schedule 3A, paragraph 6(3) of Schedule 3B and paragraphs 4 and 6 of Schedule 8 (applicable amounts, mortgage interest, protected sums and earnings to be disregarded), where a claimant has ceased to be entitled to income support–
  • (a) because he or his partner becomes engaged in remunerative work the permitted period, ... shall be twelve weeks; or
  • (b) for any other reason, the permitted period shall be eight weeks.
  • (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Actively seeking employment

10A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Registration for employment

Relevant Education

Circumstances in which persons in relevant education are to be entitled to income support

Persons under 18 years

Pensioner premium for persons under 75

Pensioner premium for persons 75 and over

9A

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

Higher Pensioner Premium

Disability Premium

Additional condition for the Higher Pensioner and Disability Premiums

Severe Disability Premium

Disabled Child Premium

Persons in receipt of concessionary payments

SCHEDULE 3B — PROTECTED SUM

Interpretation

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Protected sum

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Persons not entitled to a protected sum

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reduction of protected sum

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Termination of protected sum

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Modifications in cases of temporary absence and loss of entitlement to income support

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10D

. . .

10D

Any amount applicable to the claimant under paragraph 1(1)(a), (b) and (c) of Schedule 4, determined as if he were a single claimant, plus–

  • (a) in respect of each child who is a member of his family, the appropriate amount in respect of him prescribed in paragraph 2(a) or (b) 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 the home, under regulation 17(1)(c), (f) or (g), or (d) in so far as it relates to the lone parent premium under paragraph 8 of Schedule 2.
10A
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, £390.00;
  • (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, £390.00;
  • (ii) in respect of each member of his family who lives in the accommodation 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, £390.00; 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, £17.50;
  • (b) for his partner, £17.50;
  • (c) for a young person aged 18, £15.55;
  • (d) for a young person aged under 18 but over 16, £10.90;
  • (e) for a child aged under 16 but over 11, £9.40;
  • (f) for a child aged under 11, £6.45.
  • (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 £17.50.
  • (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.
45

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

46

Any payment in consequence of a reduction of council tax under section 13 , 13A or 80 of the Local Government Finance Act 1992 (reduction of liability for council tax).

47

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

36

Any payment in consequence of a reduction of ... council tax under section 13 , 13A or, as the case may be, section 80 of the Local Government Finance Act 1992 (reduction of liability for council tax), but only for a period of 52 weeks from the date of the receipt of the payment.

Persons taking a child or young person abroad for treatment

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Person in receipt of benefit

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.

2A

A person serving a sentence of imprisonment detained in hospital.

2A

Nil.

11A
  • (1) A claimant who is a member of a couple where either—
  • (a) he or his partner is, or,
  • (b) both he and his partner are

absent from the United Kingdom in in the circumstances specified in paragraph (2).

  • (2) For the purposes of sub-paragraph (1), the specified circumstances are—
  • (a) in respect of a claimant, those in regulation 4(3)(a) to (d);
  • (b) in respect of a claimant’s partner, as if regulation 4(3)(a) to (d) applied to that partner.
11A

For the first 8 weeks of that absence, the amount applicable to the claimant under regulation 17(1)... or 21, as the case may be, and, thereafter, if the claimant is in Great Britain the amount applicable to him under regulation 17(1)... or 21, as the case may be, as if the claimant were a single claimant, or, as the case may be, a lone parent.

12A
  • (1) A claimant who is a member of a polygamous marriage where—
  • (a) he or one of his partners is,
  • (b) he and one or more of his partners, are or
  • (c) two or more of his partners are,

absent from the United Kingdom in in the circumstances specified in paragraph (2).

  • (2) For the purposes of sub-paragraph (1), the specified circumstances are—
  • (a) in respect of a claimant, those in regulation 4(3)(a) to (d);
  • (b) in respect of a claimant’s partner or partners, as the case may be, as if regulation 4(3)(a) to (d) applied to that partner or those partners.
12A

For the first 8 weeks of that absence, the amount applicable to the claimant under regulations 18 to 21, as the case may be, and thereafter, if the claimant is in Great Britain the amount applicable to him under regulations 18 to 21, as the case may be, as if any member of the polygamous marriage not in the United Kingdom were not a member of the marriage.

37

Any grant made to the claimant in accordance with a scheme made under section 129 of the Housing Act 1988 or section 66 of the Housing (Scotland) Act 1988 (schemes for payments to assist local housing authority and local authority tenants to obtain other accommodation) which is to be used—

  • (a) to purchase premises intended for occupation as his home; or
  • (b) to carry out repairs or alterations which are required to render premises fit for occupation as his home

for a period of 26 weeks from the date on which he received such a grant or such longer period as is reasonable in the circumstances to enable the purchase, repairs or alterations to be completed and the claimant to commence occupation of those premises as his home.

Treatment of student loans

66A
  • (1) A student loan and a postgraduate ... loan shall be treated as income....
  • (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (2) In calculating the weekly amount of the loan to be taken into account as income—
  • (a) in respect of a course that is of a single academic year’s duration or less, a loan which is payable in respect of that period shall be apportioned equally between the weeks in the period beginning with—
  • (i) except in a case where (ii) below applies, the benefit week, the first day of which coincides with, or immediately follows, the first day of the single academic year;
  • (ii) where the student is required to start attending the course in August or where the course is of less than an academic year’s duration, the benefit week, the first day of which coincides with, or immediately follows, the first day of the course,

and ending with the benefit week, the last day of which coincides with, or immediately precedes, the last day of the course;

  • (aa) in respect of an academic year of a course which starts other than on 1st September, a loan which is payable in respect of that academic year shall be apportioned equally between the weeks in the period beginning with the benefit week, the first day of which coincides with, or immediately follows, the first day of that academic year and ending with the benefit week, the last day of which coincides with, or immediately precedes, the last day of that academic year but excluding any benefit weeks falling entirely within the quarter during which, in the opinion of the Secretary of State, the longest of any vacation is taken and for the purposes of this sub-paragraph, “quarter” shall have the same meaning as for the purposes of the Education (Student Support) Regulations 2001;
  • (b) in respect of the final academic year of a course (not being a course of a single year’s duration), a loan which is payable in respect of that final academic year shall be apportioned equally between the weeks in the period beginning with...—
  • (i) except in a case where (ii) below applies, the benefit week, the first day of which coincides with, or immediately follows, the first day of that academic year;
  • (ii) where the final academic year starts on 1st September, the benefit week, the first day of which coincides with, or immediately follows, the earlier of 1st September or the first day of the autumn term;

and ending with the benefit week, the last day of which coincides with, or immediately precedes, the last day of the course;

  • (c) in any other case, the loan shall be apportioned equally between the weeks in the period beginning with the earlier of—
  • (i) the first day of the first benefit week in September; or
  • (ii) the benefit week, the first day of which coincides with, or immediately follows, the first day of the autumn term,

and ending with the benefit week, the last day of which coincides with, or immediately precedes, the last day of June,

and, in all cases, from the weekly amount so apportioned there shall be disregarded £10.

  • (3) A student shall be treated as possessing a student loan or a postgraduate ... loan in respect of an academic year where—
  • (a) a student loan or a postgraduate ... loan has been made to him in respect of that year; or
  • (b) he could acquire a student loan or a postgraduate ... loan in respect of that year by taking reasonable steps to do so.
  • (4) Where a student is treated as possessing a student loan under paragraph (3), the amount of the student loan to be taken into account as income shall be, subject to paragraph (5)—
  • (a) in the case of a student to whom a student loan is made in respect of an academic year, a sum equal to the maximum student loan he is able to acquire in respect of that year by taking reasonable steps to do so and either—
  • (i) in the case of a student other than one to whom head (ii) refers, any contribution whether or not it has been paid to him; or
  • (ii) in the case of a student to whom paragraph 1, 2, ... 11 , ... or 15A of Schedule 1B applies (lone parent, disabled student or persons in education, any contribution which has actually been paid to him;
  • (b) in the case of a student to whom a student loan is not made in respect of an academic year, the maximum student loan that would be made to the student if—
  • (i) he took all reasonable steps to obtain the maximum student loan he is able to acquire in respect of that year; and
  • (ii) no deduction in that loan was made by virtue of the application of a means test.
  • (4A) Where a student is treated as possessing a postgraduate ... loan under paragraph (3) in respect of an academic year, the amount of that loan to be taken into account as income shall be, subject to paragraph (5), a sum equal to 30 per cent. of the maximum postgraduate ... loan the student is able to acquire in respect of that academic year by taking reasonable steps to do so.
  • (5) There shall be deducted from the amount of income taken into account under paragraph (4) or (4A) —
  • (a) the sum of £303 per academic year in respect of travel costs; and
  • (b) the sum of £390 per academic year towards the costs of books and equipment,

whether or not any such costs are incurred.

Disregard of contribution

Income treated as capital

Disregard of changes occurring during summer vacation

7A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Diminishing notional capital rule

51A
  • (1) Where a claimant is treated as possessing capital under regulation 51(1) (notional capital), the amount which he is treated as possessing–
  • (a) in the case of a week that is subsequent to–
  • (i) the relevant week in respect of which the conditions set out in paragraph (2) are satisfied, or
  • (ii) a week which follows that relevant week and which satisfies those conditions,

shall be reduced by an amount determined under paragraph (2);

  • (b) in the case of a week in respect of which paragraph (1)(a) does not apply but where–
  • (i) that week is a week subsequent to the relevant week, and
  • (ii) that relevant week is a week in which the condition in paragraph (3) is satisfied,

shall be reduced by the amount determined under paragraph (3).

  • (2) This paragraph applies to a benefit week or part week where the claimant satisfies the conditions that–
  • (a) he is in receipt of income support; and
  • (b) but for regulation 51(1), he would have received an additional amount of income support in that benefit week or, as the case may be, that part week;

and in such a case, the amount of the reduction for the purposes of paragraph (1)(a) shall be equal to that additional amount.

  • (3) Subject to paragraph (4), for the purposes of paragraph (1)(b) the condition is that the claimant would have been entitled to income support in the relevant week, but for regulation 51(1), and in such a case the amount of the reduction shall be equal to the aggregate of–
  • (a) the amount of income support to which the claimant would have been entitled in the relevant week but for regulation 51(1); and for the purposes of this sub-paragraph if the relevant week is a part-week that amount shall be determined by dividing the amount of income support to which he would have been so entitled by the number equal to the number of days in the part-week and multiplying the quotient by 7;
  • (b) the amount of housing benefit (if any) equal to the difference between his maximum housing benefit and the amount (if any) of housing benefit which he is awarded in respect of the benefit week, within the meaning of regulation 2(1) of the Housing Benefit Regulations 2006 (interpretation), which includes the last day of the relevant week;
  • (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (d) the amount of council tax benefit (if any) equal to the difference between his maximum council tax benefit and the amount (if any) of council tax benefit which he is awarded in respect of the benefit week which includes the last day of the relevant week, and for this purpose “benefit week” means a period of 7 consecutive days beginning on a Monday and ending on a Sunday.
  • (4) The amount determined under paragraph (3) shall be re-determined under that paragraph if the claimant makes a further claim for income support and the conditions in paragraph (5) are satisfied, and in such a case–
  • (a) sub-paragraphs (a) to (d) of paragraph (3) shall apply as if for the words “relevant week” there were substituted the words “relevant subsequent week”; and
  • (b) subject to paragraph (6), the amount as re-determined shall have effect from the first week following the relevant subsequent week in question.
  • (5) The conditions are that–
  • (a) a further claim is made 26 or more weeks after–
  • (i) the date on which the claimant made a claim for income support in respect of which he was first treated as possessing the capital in question under regulation 51(1); or
  • (ii) in a case where there has been at least one re-determination in accordance with paragraph (4), the date on which he last made a claim for income support which resulted in the weekly amount being re-determined; or
  • (iii) the date on which he last ceased to be in receipt of income support; whichever last occurred; and
  • (b) the claimant would have been entitled to income support but for regulation 51(1).
  • (6) The amount as re-determined pursuant to paragraph (4) shall not have effect if it is less than the amount which applied in that case immediately before the re-determination and in such a case the higher amount shall continue to have effect.
  • (7) For the purpose of this regulation–
  • (a) “part-week” means a period to which sub-section (1A) of section 21 of the Act (amount etc. of income support) applies;
  • (b) “relevant week” means the benefit week or part-week in which the capital in question of which the claimant has deprived himself within the meaning of regulation 51(1)–
  • (i) was first taken into account for the purpose of determining his entitlement to income support; or
  • (ii) was taken into account on a subsequent occasion for the purpose of determining or re-determining his entitlement to income support on that subsequent occasion and that determination or re-determination resulted in his beginning to receive, or ceasing to receive, income support;

and where more than one benefit week or part-week is identified by reference to heads (i) and (ii) of this sub-paragraph the later or latest such benefit week or, as the case may be, the later or latest such part-week;

  • (c) “relevant subsequent week” means the benefit week or part-week which includes the day on which the further claim or, if more than one further claim has been made, the last such claim was made.

Capital jointly held

Calculation of tariff income from capital

Carer premium

14ZA
  • (1) Subject to sub-paragraphs (3), (4) and (5), the condition is that the claimant or his partner is, or both of them are, entitled to a carer’s allowance under section 70 of the Contributions and Benefits Act or carer support payment.
  • (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (3) Subject to sub-paragraph (5), a carer premium is awarded but—
  • (a) the person in respect of whose care the carer’s allowance or carer support payment 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 ...to a carer’s allowance or carer support payment,

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) where sub-paragraph (3)(a) applies, the Sunday following the death of the person in respect of whose care a carer’s allowance or carer support payment has been awarded or the date of death if the death occurred on a Sunday;
  • (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (c) in any other case, the date on which the person who has been entitled to a carer’s allowance or carer support payment ceases to be entitled to that allowance or payment.
  • (4) Subject to sub-paragraph (5), where a person who has been entitled to a carer’s allowance or carer support payment ceases to be entitled to that allowance or payment 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–
  • (a) the person in respect of whose care the carer’s allowance or carer support payment has been awarded dies;
  • (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (c) in any other case, the person who has been entitled to a carer’s allowance or carer support payment ceased to be entitled to that allowance or payment.
  • (5) For the purposes of sub-paragraphs (3)(a) and (4)(a), where the relevant premium has been awarded as a result of the claimant or the claimant’s partner being entitled to carer support payment, and the death occurred on or after 15th March 2026, the references to “eight weeks” are to be read as “12 weeks”.

Persons in receipt of concessionary payments

Person in receipt of benefit

48
  • (1) Any payment or repayment made—
  • (a) as respects England, under regulation 5, 6 or 12 of the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 (travelling expenses and health service supplies);
  • (b) as respects Wales, under regulation 5, 6 or 11 of the National Health Service (Travelling Expenses and Remission of Charges) (Wales) Regulations 2007 (travelling expenses and health service supplies);
  • (c) as respects Scotland, under regulation 3, 5 or 11 of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 (travelling expenses and health service supplies).
  • (2) Any payment or repayment made by the Secretary of State for Health and Social Care, the Scottish Ministers or the Welsh Ministers which is analogous to a payment or repayment mentioned in sub-paragraph (1).
49

Any payment made to such persons entitled to receive benefits as may be determined by or under a scheme made pursuant to section 13 of the Social Security Act 1988 in lieu of vouchers or similar arrangements in connection with the provision of those benefits (including payments made in place of healthy start vouchers, milk tokens or the supply of vitamins).

50

Any payment made either by the Secretary of State for Justice or by the Scottish Ministers under a scheme established to assist relatives and other persons to visit persons in custody.

38
  • (1) Any payment or repayment made—
  • (a) as respects England, under regulation 5, 6 or 12 of the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 (travelling expenses and health service supplies);
  • (b) as respects Wales, under regulation 5, 6 or 11 of the National Health Service (Travelling Expenses and Remission of Charges) (Wales) Regulations 2007 (travelling expenses and health service supplies);
  • (c) as respects Scotland, under regulation 3, 5 or 11 of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 (travelling expenses and health service supplies),

but only for a period of 52 weeks from the date of receipt of the payment or repayment.

  • (2) Any payment or repayment made by the Secretary of State for Health and Social Care, the Scottish Ministers or the Welsh Ministers which is analogous to a payment or repayment mentioned in sub-paragraph (1), but only for a period of 52 weeks from the date of receipt of the payment or repayment.
39

Any payment made to such persons entitled to receive benefits as may be determined by or under a scheme made pursuant to section 13 of the Social Security Act 1988 in lieu of vouchers or similar arrangements in connection with the provision of those benefits (including payments made in place of healthy start vouchers, milk tokens or the supply of vitamins), but only for a period of 52 weeks from the date of receipt of the payment.

40

Any payment made either by the Secretary of State for Justice or by the Scottish Ministers under a scheme established to assist relatives and other persons to visit persons in custody, but only for a period of 52 weeks from the date of receipt of the payment.

41

Any arrears of supplementary pension which is disregarded under paragraph 54 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) or of any amount which is disregarded under paragraph 55 or 56 of that Schedule, but only for a period of 52 weeks from the date of receipt of the arrears.

21A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reductions in applicable amounts in certain cases of failure to attend courses

Blind persons

Pregnancy

Persons in education

Training allowances

Open University students

Persons within 10 years of pensionable age

Persons aged 60

Allowances under the Job Release Act 1977

Refugees

Persons required to attend court

Discharged prisoners

Persons affected by a trade dispute

Persons from abroad

Persons in custody

Member of couple looking after children while other member temporarily abroad

Persons taking a child or young person abroad for treatment

15

—

  • (1) Lone parent premium.
4A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Persons incapable of work

Disabled workers

Persons in employment living in residential care homes, nursing homes or residential accommodation

6A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disabled students

Blind persons

Pregnancy

Persons in education

Training allowances

Open University students

Persons within 10 years of pensionable age

Persons aged 60

Allowances under the Job Release Act 1977

Refugees

Persons required to attend court

Discharged prisoners

Persons affected by a trade dispute

Persons from abroad

Persons in custody

Member of couple looking after children while other member temporarily abroad

Persons taking a child or young person abroad for treatment

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

51

Any payment (other than a training allowance) made, whether by the Secretary of State or by any other person, under the Disabled Persons (Employment) Act 1944 ... to assist disabled persons to obtain or retain employment despite their disability.

42

Any payment (other than a training allowance...) made, whether by the Secretary of State or by any other person, under the Disabled Persons (Employment) Act 1944 ... to assist disabled persons to obtain or retain employment despite their disability.

43

Any payment made by a local authority under section 3 of the Disabled Persons (Employment) Act 1958 or under Part 4 of the Social Services and Well-being (Wales) Act 2014 to homeworkers assisted under the Blind Homeworkers' Scheme.

2A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 3C — THE GREATER LONDON AREA

...

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

52

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6A
  • (1) In a case to which none of paragraphs 4 to 6 applies to the claimant, and subject to sub-paragraph (2), where the claimant’s applicable amount includes an amount by way of the carer premium under Schedule 2 (applicable amounts), £20 of the earnings of the person who is, or at any time in the preceding eight weeks was, in receipt of carer’s allowance or carer support payment or treated in accordance with paragraph 14ZA(2) of that Schedule as being in receipt of carer’s allowance.
  • (2) Where the carer premium is awarded in respect of the claimant and of any partner of his, their earnings shall for the purposes of this paragraph be aggregated, but the amount to be disregarded in accordance with sub-paragraph (1) shall not exceed £20 of the aggregated amount.
6B

Where the carer premium is awarded in respect of a claimant who is a member of a couple and whose earnings are less than £20, but is not awarded in respect of the other member of the couple, and that other member is engaged in an employment—

  • (a) specified in paragraph 7(1), so much of the other member’s earnings as would not when aggregated with the amount disregarded under paragraph 6A exceed £20;
  • (b) other than one specified in paragraph 7(1), so much of the other member’s earnings from such other employment up to £5 as would not when aggregated with the amount disregarded under paragraph 6A exceed £20.

Child support

25A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Calculation of income and capital of students

Rounding of fractions

CHAPTER VIIA — CHILD SUPPORT

Interpretation

60A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Treatment of child support maintenance

60B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Calculation of the weekly amount of payments of child support maintenance

60C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Date on which child support maintenance is to be treated as paid

60D

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Apportionment of qualifying loans

7A
  • (1) For the purposes of determining whether the appropriate amount for the time being specified for the purposes of paragraph 7(6B) has been exceeded, any loan taken out for a purpose specified in paragraph 8(1) shall, subject to paragraph 7B, be aggregated with any loan taken out for a purpose specified in paragraph 7(3) or (3A) or met under paragraph 7(7).
  • (2) Where in any case the amount for the time being specified for the purpose of paragraph 7(6B) is exceeded and there are 2 or more loans to be taken into account under either paragraph 7 or paragraph 8 or under the two paragraphs, then the amount of eligible interest in respect of each of those loans to the extent that the loans remain outstanding shall be determined as if each loan had been reduced to a sum equal to the qualifying portion of that loan.
  • (3) For the purposes of sub-paragraph (2), the qualifying portion of a loan shall be determined by applying the formula—

$$R×ST$where—Rthe amount for the time being specified for the purposes of paragraph 7(6B);Sthe amount of the outstanding loan to be taken into account; andTthe aggregate of all outstanding loans to be taken into account under paragraphs 7 and 8.$

  • (4) For the purposes of this paragraph a loan is to be taken into account only to the extent that eligible interest is payable on it.

Disabled Persons

7B
  • (1) Any loan taken out to adapt a dwelling for the special needs of a disabled person shall be disregarded in determining whether the appropriate amount for the time being specified for the purposes of paragraph 7(6B) is exceeded and an amount in respect of interest payable on such a loan shall be met in accordance with paragraph 8.
  • (2) For the purposes of sub-paragraph (1) a disabled person is a person—
  • (a) in respect of whom a disability premium, a disabled child premium, a pensioner premium for persons 75 or over or a higher pensioner premium is included in his applicable amount or the applicable amount of a person living with him; or
  • (b) who is a non-dependant but who, had he in fact been entitled to income support, would have had included in his applicable amount a disability premium, a disabled child premium, a pensioner premium for persons aged 75 or over or a higher pensioner premium.
  • (3) For the purposes of sub-paragraph (1) a person shall not cease to be a disabled person on account of his being disqualified for receiving benefit or treated as capable of work by virtue of the operation of section 171E of the Contributions and Benefits Act (incapacity for work, disqualification etc.).

Interest on loans for repairs and improvements to the dwelling occupied as the home

Other housing costs

Restriction on meeting housing costs under this Schedule

Non-dependant deductions

Rounding of fractions

30A
  • (1) Subject to sub-paragraphs (2) and (3), in the case of a claimant residing in a care home, an Abbeyfield Home or an independent hospital, any payment, except a charitable or voluntary payment disregarded under paragraph 15 ..., made to the claimant which is intended to be used and is used to meet the cost of maintaining the claimant in that home or hospital.
  • (2) This paragraph shall not apply to a claimant for whom accommodation in a care home, an Abbeyfield Home or an independent hospital is provided by
  • (a) a local authority under section 26 of the National Assistance Act 1948.... or
  • (b) a person other than a local authority under arrangements made with the person by a local authority in the exercise of the local authority’s functions under section 18 or 19 of the Care Act 2014 (duty and power to meet needs for care and support) or under section 35 or 36 of the Social Services and Well-being (Wales) Act 2014 (duty and power to meet care and support needs of an adult).
  • (3) The amount to be disregarded under this paragraph shall not exceed the difference between—
  • (a) the claimant’s applicable amount; and
  • (b) the weekly charge for the accommodation.
53
  • (1) )If the claimant is in receipt of any benefit under Part 2, 3 or 5 of the Contributions and Benefits Act, any increase in the rate of that benefit arising under Part 4 (increases for dependants) or section 106(a) (unemployability supplement) of that Act, where the dependant in respect of whom the increase is paid is not a member of the claimant’s family.
  • (2) If the claimant is in receipt of any pension or allowance under Part 2 or 3 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006, any increase in the rate of that pension or allowance under that Order, where the dependant in respect of whom the increase is paid is not a member of the claimant’s family.

Other Housing Costs which are not met

5A
  • (1) Subject to the following provisions of this paragraph, the housing costs referred to in paragraph 1(a), (aa) and (b) shall not be met during the relevant period where those costs were incurred–
  • (a) after 2nd May 1994; and
  • (b) during that same relevant period.
  • (2) The “relevant period” is any period during which the person who incurred the cost is either–
  • (a) entitled to income support; or
  • (b) living as a member of a family one of whom is entitled to income support,

together with any linked period that is to say a period falling between two such periods of entitlement to income support separated by not more than 26 weeks; and for the purposes of this paragraph two or more periods of entitlement and any intervening linked periods form a single relevant period.

  • (3) Where in the relevant period, before the housing costs referred to in sub– paragraph (1) were incurred (“the new liability”), housing costs of a kind referred to in paragraph 1(a), (aa) or (b) were applicable in the case of the claimant or a member of his family (“the former liability”) then, in sub–paragraph (1), the housing costs which are not to be met are such costs, except those costs mentioned in sub– paragraphs (4) and (5)–
  • (a) except in a case to which head (b) applies, as are equal to an amount (if any) by which the new liability exceeds the former liability; and
  • (b) where–
  • (i) the former liability has remained and the new liability was incurred in addition to the former liability, and
  • (ii) paragraph 4(6) (payments in respect of two dwellings) does not apply in respect of the former liability and the new liability,

as are equal to the amount of the new liability.

  • (4) The housing costs mentioned in this sub–paragraph are any housing costs in excess of the former liability which are attributable solely to movements in interest rates, and not to an increase in the amount borrowed.
  • (5) The housing costs mentioned in this sub–paragraph are those met under paragraph 8 (interest on loans for repairs and improvements to the dwelling occupied as the home), but as if for head (k) in sub–paragraph (3) of that paragraph, there was substituted the following head–

(k) provision of separate sleeping accommodation for children of different sexes aged 10 or over who are part of the same family as the claimant.

  • (6) Notwithstanding sub–paragraph (1), the housing costs shall be met in accordance with the provisions of this Schedule in the case of a claimant who satifies the conditions specified in sub–paragraph (7), (8), (9) or (10) below, but–
  • (a) subject to any additional limitations imposed by the sub–paragraph; and
  • (b) where the claimant satisfies the conditions in more than one of those sub– paragraphs, only one sub–paragraph shall apply in his case and the one that applies shall be the one most favourable to him.
  • (7) The conditions specified in this sub–paragraph are that–
  • (a) during the relevant period the claimant or a member of his family acquires an interest (“the relevant interest”) in a dwelling which he then occupies as his home; and
  • (b) in the week preceding the week in which the relevant interest was acquired, housing benefit was payable to the claimant or a member of his family;

so however that the amount to be met in accordance with this Schedule shall initially not exceed the aggregate of–

  • (i) the housing benefit payable for that week; and
  • (ii) any amount included in the applicable amount of the claimant or a member of his family in accordance with regulation 17(1)(e) or 18(1)(f) in that week;

and shall be increased subsequently only to the extent that it is necessary to take account of any increase, arising after the date of the acquisition, in expenditure on housing costs.

  • (8) Subject to sub-paragraph (8A), the conditions specified in this sub–paragraph are that the loan was taken out, or an existing loan increased, either–
  • (a) to make adaptations to an existing property to meet the special needs of a disabled person; or
  • (b) to acquire alternative accommodation more suited to the special needs of a disabled person than the accommodation which was occupied before the acquisition by the claimaint;

and in this sub-paragraph a disabled person is a person in respect of whom a disability premium, disabled child premium, higher pensioner premium or pensioner premium for persons aged 75 or over is included in his applicable amount or would be so included but for his failure to satisfy other conditions of entitlement to income support.

  • (8A) For the purposes of sub-paragraph (8), a person shall not cease to be a disabled person on account of his being disqualified for receiving benefit or treated as capable of work by virtue of the operation of section 171E of the Contributions and Benefits Act (incapacity for work, disqualification etc.).
  • (9) The conditions specified in this sub–paragraph are that–
  • (a) the loan commitment increased in consequence of the disposal of the dwelling occupied as the home and the acquisition of an alternative such dwelling; and
  • (b) the change of dwelling was made solely by reason of the need to provide separate sleeping accommodation for children of different sexes aged 10 or over who are part of the same family as the claimant.
  • (10) The conditions specified in this sub–paragraph are that–
  • (a) during the relevant period the claimant or a member of his family acquires an interest (“the relevant interest”) in a dwelling which he then occupies as his home; and
  • (b) in the week preceding the week in which the relevant interest was acquired, the applicable amount of the claimant or a member of his family included an amount determined by reference to paragraph 1(c) to (i); and did not include an amount determined by reference to paragraph 1(a), 1(aa) or 1(b);

so however that the amount to be met in accordance with this Schedule shall initially not exceed the amount so determined, and shall be increased subsequently only to the extent that it is necessary to take account of any increase, arising after the date of the acquisition, in expenditure on housing costs.

  • (11) Sub–paragraph (1) shall not apply in relation to–
  • (a) any accumulated arrears of interest whenever accumulated; and
  • (b) any interest on a loan for service charges imposed to meet the cost of repairs and improvements to the dwelling occupied as the home.
  • (12) The following provisions of this Schedule shall have effect subject to the provisions of this paragraph.

Apportionment of housing costs

Interest on loans to acquire an interest in the dwelling occupied as the home

Apportionment of qualifying loans

Disabled Persons

Interest on loans for repairs and improvements to the dwelling occupied as the home

Other housing costs

Restriction on meeting housing costs under this Schedule

Non-dependant deductions

Rounding of fractions

13B
54

Any supplementary pension under article 23(2) of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 (pensions to surviving spouses and surviving civil partners) and any analogous payment made by the Secretary of State for Defence to any person who is not a person entitled under that Order.

55

In the case of a pension awarded at the supplementary rate under article 27(3) of the Personal Injuries (Civilians) Scheme 1983 (pensions to widows, widowers or surviving civil partners), the sum specified in paragraph 1(c) of Schedule 4 to that Scheme.

56
  • (1) Any payment which is—
  • (a) made under any of the Dispensing Instruments to a widow, widower or surviving civil partner of a person—
  • (i) whose death was attributable to service in a capacity analogous to service as a member of the armed forces of the Crown; and
  • (ii) whose service in such capacity terminated before 31st March 1973; and
  • (b) equal to the amount specified in article 23(2) of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006.
  • (2) In this paragraph “the Dispensing Instruments” means the Order in Council of 19th December 1881, the Royal Warrant of 27th October 1884 and the Order by His Majesty of 14th January 1992 (exceptional grants of pay, non-effective pay and allowances).
44
  • (1) Any sum of capital to which sub-paragraph (2) applies and—
  • (a) which is administered on behalf of a person by the High Court or the County Court under Rule 21.11(1) of the Civil Procedure Rules 1998 or by the Court of Protection;
  • (b) which can only be disposed of by order or direction of any such court; or
  • (c) where the person concerned is under the age of 18, which can only be disposed of by order or direction prior to that person attaining age 18.
  • (2) This sub-paragraph applies to a sum of capital which is derived from—
  • (a) an award of damages for a personal injury to that person; or
  • (b) compensation for the death of one or both parents where the person concerned is under the age of 18.
45

Any sum of capital administered on behalf of a person ... in accordance with an order made under section 13 of the Children (Scotland) Act 1995, or under Rule 36.14 of the Ordinary Cause Rules 1993 or under Rule 128 of the Ordinary Cause Rules, where such sum derives from—

  • (a) an award of damages for a personal injury to that person; or
  • (b) compensation for the death of one or both parents where the person concerned is under the age of 18.
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 a claimant requires by reason of old age, disablement, past or present dependence on alcohol or drugs, past or present mental disorder or a terminal illness.
  • (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.

Housing Costs

Circumstances in which a person is liable to meet housing costs

Circumstances in which a person is to be treated as occupying a dwelling as his home

Housing costs not met

Apportionment of housing costs

Existing housing costs

Transitional Protection

New housing costs

General exclusions from paragraphs 6 and 8

The calculation for loans

General provisions applying to new and existing housing costs

The standard rate

Excessive Housing Costs

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Linking rule

14
  • (1) ...For the purposes of this Schedule—
  • (a) a person shall be treated as being in receipt of income support during the following periods—
  • (i) any period in respect of which it was subsequently determined that he was entitled to income support; and
  • (ii) any period of 12 weeks or less or, as the case may be, 52 weeks or less, in respect of which he was not in receipt of income support and which fell immediately between periods in respect of which ...;
  • (aa) he was, or was treated as being, in receipt of income support,
  • (bb) he was treated as entitled to income support for the purpose of sub-paragraph (5) or (5A) , or
  • (cc) (i) above applies;
  • (b) a person shall be treated as not being in receipt of income support during any period other than a period to which (a)(ii) above applies in respect of which it is subsequently determined that he was not so entitled;
  • (c) where—
  • (i) the claimant was a member of a couple or a polygamous marriage; and
  • (ii) his partner was, in respect of a past period, in receipt of income support for himself and the claimant; and
  • (iii) the claimant is no longer a member of that couple or polygamous marriage; and
  • (iv) the claimant made his claim for income support within twelve weeks or, as the case may be, 52 weeks, of ceasing to be a member of that couple or polygamous marriage,

he shall be treated as having been in receipt of income support for the same period as his former partner had been or had been treated, for the purposes of this Schedule, as having been;

  • (d) where the claimant’s partner’s applicable amount was determined in accordance with paragraph 1(1) (single claimant) or paragraph 1(2) (lone parent) of Schedule 2 applicable amounts) in respect of a past period, provided that the claim was made within twelve weeks or, as the case may be, 52 weeks, of the claimant and his partner becoming one of a couple or polygamous marriage, the claimant shall be treated as having been in receipt of income support for the same period as his partner had been or had been treated, for the purposes of this Schedule, as having been;
  • (e) where the claimant is a member of a couple or a polygamous marriage and his partner was, in respect of a past period, in receipt of income support for himself and the claimant, and the claimant has begun to receive income support as a result of an election by the members of the couple or polygamous marriage, he shall be treated as having been in receipt of income support for the same period as his partner had been or had been treated, for the purposes of this Schedule, as having been;
  • (ee) where the claimant—
  • (i) is a member of a couple or a polygamous marriage and the claimant’s partner was, immediately before the participation by any member of that couple or polygamous marriage in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996, in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations ..., in receipt of income support and his applicable amount included an amount for the couple or for the partners of the polygamous marriage; and
  • (ii) has, immediately after that participation in that programme, begun to receive income support as a result of an election under regulation 4(3) of the Social Security (Claims and Payments) Regulations 1987 by the members of the couple or polygamous marriage,

the claimant shall be treated as having been in receipt of income support for the same period as his partner had been or had been treated, for the purposes of this Schedule, as having been;

  • (f) where—
  • (i) the claimant was a member of a family of a person (not being a former partner) entitled to income support and at least one other member of that family was a child or young person; and
  • (ii) the claimant becomes a member of another family which includes that child or young person; and
  • (iii) the claimant made his claim for income support within 12 weeks or, as the case may be, 52 weeks, of the date on which the person entitled to income support mentioned in (i) above ceased to be so entitled,

the claimant shall be treated as being in receipt of income support for the same period as that person had been or had been treated, for the purposes of this Schedule, as having been.

  • (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (3) For the purposes of this Schedule, where a claimant has ceased to be entitled to income support because he or his partner is participating in arrangements for training made under section 2 of the Employment and Training Act 1973 or attending a course at an employment rehabilitation centre established under that section or under the Enterprise and New Towns (Scotland) Act 1990, he shall be treated as if he had been in receipt of income support for the period during which he or his partner was participating in such arrangements or attending such a course.
  • (3ZA) For the purposes of this Schedule, a claimant who has ceased to be entitled to income support because—

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