The Income Support (General) Regulations 1987

• (1) Subject to regulations 75 (modifications in income) and 76 (reduction in certain cases), where a claimant is entitled to income support for a period (referred to in this Part as a part-week) to which subsection (1A) of section 21 of the Act (amount etc. of income-related benefit) applies, the amount of income support payable shall, except where paragraph (2) applies, be calculated in accordance with the following formulae—

• (a) if the claimant has no income,

$N×A7;$

• (b) if the claimant has income,

$(N×(A-I)7)-B.$

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In this Regulation—

• “A”, ... means the claimant’s weekly applicable amount in the relevant week;

• “B” means the amount of any income support, jobseeker’s allowance, maternity allowance, short-term or long-term incapacity benefit, severe disablement allowance or employment and support allowance payable in respect of any day in the part-week;

• “I” means his weekly income in the relevant week less B;

• “N” means the number of days in the part-week;

• “relevant week” means the period of 7 days determined in accordance with regulation 74.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Relevant week

74

• (1) Where the part-week—

• (a) is the whole period for which income support is payable or occurs at the beginning of the claim, the relevant week is the period of 7 days ending on the last day of that part-week; or

• (b) occurs at the end of the claim, the relevant week is the period of 7 days beginning on the first day of that part-week.

• (2) Where during the currency of a claim the claimant makes a claim for a relevant social security benefit within the meaning of paragraph 4 of Schedule 7 to the Social Security (Claims and Payments) Regulations 1987 and as a result his benefit week changes, for the purpose of calculating the amount of income support payable—

• (a) for the part-week beginning on the day after his last complete benefit week before the date from which he makes a claim for the relevant social security benefit and ending immediately before that date, the relevant week is the period of 7 days beginning on the day after his last complete benefit week (the first relevant week);

• (b) for the part-week beginning on the date from which he makes a claim for the relevant social security benefit and ending immediately before the start of his next benefit week after the date of that claim, the relevant week is the period of 7 days ending immediately before the start of his next benefit week (the second relevant week).

• (3) Where during the currency of a claim the claimant’s benefit week changes at the direction of the Secretary of State under paragraph 3 of Schedule 7 to the Social Security (Claims and Payments) Regulations 1987, for the purpose of calculating the amount of income Support payable for the part-week beginning on the day after his last complete benefit week before the change and ending immediately before the change, the relevant week is the period of 7 days beginning On the day after the last complete benefit week.

Modifications in the calculation of income

75

For the purposes of regulation 73 (amount of income support payable for part-weeks), a claimant’s income and the income of any person which the claimant is treated as possessing under section 22(5) of the Act or regulation 23(3) shall be calculated in accordance with Part V and, where applicable, VI subject to the following modifications—

• (a) any income which is due to be paid in the relevant week shall be treated as paid on the first day of that week;

• (b) any income support, jobseeker’s allowance, maternity allowance, short-term or long-term incapacity benefit, severe disablement allowance , employment and support allowance or universal credit ... payable in the relevant week but not in respect of any day in the part-week shall be disregarded;

• (c) where the part-week occurs at the end of the claim, any income or any change in the amount of income of the same kind which is first payable within the relevant week but not on any day in the part-week shall be disregarded;

• (d) where the part-week occurs immediately after a period in which a person was treated as engaged in remunerative work under regulation 5(5) (persons treated as engaged in remunerative work) any earnings which are taken into account for the purposes of determining that period shall be disregarded;

• (e) where regulation 74(2) (relevant week) applies, any payment of income which—

• (i) is the final payment in a series of payments of the same kind or, if there has been an interruption in such payments, the last one before the interruption;

• (ii) is payable in respect of a period not exceeding a week; and

• (iii) is due to be paid on a day which falls within both the first and second relevant weeks,

shall be taken into account in either the first relevant week or, if it is impracticable to take it into account in that week, in the second relevant week; but this paragraph shall not apply to a payment of income support, jobseeker’s allowance, maternity allowance, short-term or long-term incapacity benefit , severe disablement allowance or employment and support allowance ...;

• (f) where regulation 74(2) applies, any payment of income which—

• (i) is the final payment in a series of payments of the same kind or, if there has been an interruption in such payments, the last one before the interruption;

• (ii) is payable in respect of a period exceeding a week but not exceeding 2 weeks; and

• (iii) is due to be paid on a day which falls within both the first and second relevant weeks,

shall be disregarded; but this sub-paragraph shall not apply to a payment of income support, jobseeker’s allowance, maternity allowance, short-term or long-term incapacity benefit, severe disablement allowance or employment and support allowance ...;

• (g) where regulation 74(2) applies, if the weekly amount of any income which is due to be paid on a day which falls within both the first and second relevant weeks is more than the weekly amount of income of the same kind due to be paid in the last complete benefit week, the excess shall be disregarded;

• (h) where only part of the weekly amount of income is taken into account in the relevant week, the balance shall be disregarded.

Reduction in certain cases

76

There shall be deducted from the amount of income support which would, but for this regulation, be payable for a part-week—

• (a) in the case of a claimant to whom regulation 22A (reduction in applicable amount where the claimant is appealing against a decision which embodies a determination that he is not incapable of work) applies, the proportion of the relevant amount specified therein appropriate to the number of days in the part-week;

• (b) where regulation 75(f) (modifications in the calculation of income) applies, one-half of the amount disregarded under regulation 75(f) less the weekly amount of any disregard under Schedule 8 or 9 appropriate to that payment.

Modification of section 23(5) of the Act

77

Where income support is payable for a part-week, section 23(5) of the Act (trade disputes) shall have effect as if the following paragraph were substituted for paragraph (b)—

(b) any payment by way of income support for a part-week which apart from this paragraph would be made to him, or to a person whose applicable amount is aggregated with his— (i) shall not be made if the payment for that part-week is equal to or less than the proportion of the relevant sum appropriate to the number of days in the part-week; or (ii) if it is more than that proportion, shall be made at a rate equal to the difference.

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)—

2

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

3

• (1)

The weekly amount for the purposes of regulations 17(1)(c) and 18(1)(d) in respect of a family of which at least one member is a child or young person shall be

• (a) where the claimant is a lone parent to whom the conditions in both sub-paragraphs (2) and (3) apply and no premium is applicable under paragraph 9, 9A, 10 or 11, £19.48

• (b) in any other case, £19.48.

• (2) The first condition for the purposes of sub-paragraph (1)(a) is that the claimant—

• (a) was both a lone parent and entitled to income support on 5th April 1998; or

• (b) does not come within head (a) above but—

• (i) was both a lone parent and entitled to income support on any day during the period of 12 weeks ending on 5th April 1998;

• (ii) was both a lone parent and entitled to income support on any day during the period of 12 weeks commencing on 6th April 1998; and

• (iii) the last day in respect of which (i) above applied was no more than 12 weeks before the first day in respect of which (ii) above applied.

• (3) The second condition for the purposes of sub-paragraph (1)(a) is that as from the appropriate date specified in sub-paragraph (4), the claimant has continued, subject to sub-paragraph (5), to be both a lone parent and entitled to income support.

• (4) The appropriate date for the purposes of sub-paragraph (3) is—

• (a) in a case to which sub-paragraph (2)(a) applies, 6th April 1998;

• (b) in a case to which sub-paragraph (2)(b) applies, the first day in respect of which sub-paragraph (2)(b)(ii) applied.

• (5) For the purposes of sub-paragraph (3), where the claimant has ceased, for any period of 12 weeks or less, to be—

• (a) a lone parent; or

• (b) entitled to income support; or

• (c) both a lone parent and entitled to income support,

the claimant shall be treated, on again becoming both a lone parent and entitled to income support, as having continued to be both a lone parent and entitled to income support throughout that period.

• (6) In determining whether the conditions in sub-paragraphs (2) and (3) apply, entitlement to an income-based jobseeker’s allowance shall be treated as entitlement to income support for the purposes of any requirement that a person is entitled to income support.

• (7) For the purposes of this paragraph, a claimant shall be treated as having been entitled to income support throughout any period which comprises only days on which he was participating in an employment zone programme and was not entitled to income support because, as a consequence of his participation in that programme, he was engaged in remunerative work or had income in excess of his applicable amount as prescribed in Part IV.

4

Except as provided in paragraph 5, the weekly premiums specified in Part IV of this Schedule shall, for the purposes of regulations 17(1)(d) and 18(1)(e), be applicable to a claimant who satisfies the condition specified in paragraphs 9 paragraphs 8A to 14ZA in respect of that premium.

5

Subject to paragraph 6, where a claimant satisfies the conditions in respect of more than one premium in this Part of this Schedule, only one premium shall be applicable to him and, if they are different amounts, the higher or highest amount shall apply.

6

• (1) Subject to sub-paragraph (2), the following premiums, namely—

• (a) a severe disability premium to which paragraph 13 applies;

• (b) an enhanced disability premium to which paragraph 13A applies;

• (c) a disabled child premium to which paragraph 14 applies; and

• (d) a carer premium to which paragraph 14ZA applies,

may be applicable in addition to any other premium which may apply under this Schedule.

• (2) An enhanced disability premium in respect of a person shall not be applicable in addition to—

• (a) a pensioner premium under paragraph 9 or 9A; or

• (b) a higher pensioner premium under paragraph 10.

Additional condition for the Higher Pensioner and Disability Premiums

Severe Disability Premium

Disabled Child Premium

15

—

• (1) Lone parent premium.

1

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2

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3

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4

. . .

5

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6

A claimant who is without accommodation.

7

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

8

A person—

9

A claimant who is a member of a couple and who is temporarily separated from his partner where—

• (a) one member of the couple is–

• (i) not a patient but is residing in a care home, an Abbeyfield Home or an independent hospital, or

• (iii) resident in premises used for the rehabilitation of alcoholics or drug addicts, or

• (iv) resident in accommodation provided under section 3 of and Part II of the Schedule to, the Polish Resettlement Act 1947 (provision of accommodation in camps), or

• (v) participating in arrangements for training made under section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990 or attending a course at an employment rehabilitation centre established under that section of the 1973 Act, where the course requires him to live away from the dwelling occupied as the home, or

• (vi) in a probation or bail hostel approved for the purpose by the Secretary of State; and

• (b) the other member of the couple is–

• (i) living in the dwelling occupied as the home, or

• (ii) a patient, or

• (iii) residing in a care home, an Abbeyfield Home or an independent hospital.

10

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

• (a) not a patient but is residing in a care home, an Abbeyfield Home or an independent hospital, or

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (e) attending a course of training or instruction provided or approved by the Secretary of State for Education and Employment where the course requires him to live away from home; or

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

10A

A single claimant who is temporarily in accommodation referred to in any of sub-paragraphs (a) to (c) of the definition of residential accommodation in regulation 21(3) (special cases).

10A

£77.45 of which £17.50 is for personal expenses plus any amounts applicable under regulation 17(1)(e), (f) or (g).

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 (c) of the definition of residential accommodation in regulation 21(3) (special cases)

11

Subject to paragraph 11A, a claimant who is a member of a couple and whose partner is temporarily not present in United Kingdom.

12

Subject to paragraph 12A, a claimant who is a member of a polygamous marriage where—

• (a) he or one of his partners is, or

• (b) he and one or more of his partners, are or

• (c) two or more of his partners are,

temporarily absent from the United Kingdom;

13

• (1) ...A person in or only temporarily absent from residential accommodation who is—

13

15

16

. . .

17

person from abroad

18

. . .

19

A claimant—

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

• (b) whose partner was entitled to income support in respect of the period beginning with the day on which the claimant's claim is treated as made under regulation 6(3) of those Regulations and ending with the day before the day on which the claim is actually made; and

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

4A

In the case of the payment of statutory sick pay under Part II of the Social Security (Northern Ireland) Order 1982 , statutory maternity pay under Part XII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 or a payment under any enactment having effect in Northern Ireland corresponding to a payment of ... statutory paternity pay , statutory adoption pay or statutory shared parental pay —

• (a) any amount deducted by way of primary Class 1 contributions under the Social Security (Northern Ireland) Act 1975;

• (b) one-half of any sum paid by way of a contribution towards an occupational or personal pension scheme.

38

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39

• (1) Any payment made under or by the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust (“the Trusts"), the Fund , the Eileen Trust , MFET Limited , the Skipton Fund, the Caxton Foundation , the Scottish Infected Blood Support Scheme , an approved blood scheme , the London Emergencies Trust, the We Love Manchester Emergency Fund , the National Emergencies Trust or the Independent Living Fund (2006).

• (1A) Any—

• (a) Grenfell Tower payment;

• (b) child abuse payment;

• (c) Windrush payment;

• (d) Post Office compensation payment;

• (e) LGBT Financial Recognition Scheme payment;

• (f) miscarriage of justice compensation payment.

• (2) Any payment by or on behalf of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person, which derives from a payment made under or by any of the Trusts to which sub-paragraph (1) refers , or from a Grenfell Tower payment , a child abuse payment , a Windrush payment, a Post Office compensation payment , a vaccine damage payment , an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment, and which is made to or for the benefit of—

• (a) that person’s partner or former partner from whom he is not, or where that person has died was not, estranged or divorced or with whom he has formed a civil partnership that has not been dissolved or, where that person has died, had not been dissolved at the time of that person's death;

• (b) any child who is a member of that person’s family or who was such a member and who is a member of the claimant’s family; or

• (c) any young person who is a member of that person’s family or who was such a member and who is a member of the claimant’s family.

• (3) Any payment by or on behalf of the partner or former partner of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person provided that the partner or former partner and that person are not, or if either of them has died were not, estranged or divorced or, where the partner or former partner and that person have formed a civil partnership, the civil partnership has not been dissolved or, if either of them has died, had not been dissolved at the time of the death, which derives a payment made under or by any of the Trusts to which sub-paragraph (1) refers , or from a Grenfell Tower payment , a child abuse payment , a Windrush payment, a Post Office compensation payment , a vaccine damage payment , an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment, and which is made to or fro the benefit of—

• (a) the person who is suffering from haemophilia or who is a qualifying person;

• (b) any child who is a member of that person’s family or who was such a member and who is a member of the claimant’s family; or

• (c) any young person who is a member of that person’s family or who was such a member and who is a member of the claimant’s family.

• (4) Any payment by a person who is suffering from haemophilia or who is a qualifying person, which derives from a payment under or by any of the Trusts to which sub-paragraph (1) refers, or from a Grenfell Tower payment , a child abuse payment , a Windrush payment, a Post Office compensation payment , a vaccine damage payment , an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment, where—

• (a) that person has no partner or former partner from whom he is not estranged or divorced or with whom he has formed a civil partnership that has not been dissolved, nor any child or young person who is or had been a member of that person’s family; and

• (b) the payment is made either—

• (i) to that person’s parent or step-parent, or

• (ii) where that person at the date of the payment is a child, a young person or a full-time student who has not completed his full-time education and has no parent or step-parent, to his guardian,

but only for a period from the date of the payment until the end of two years from that person’s death.

• (5) Any payment out of the estate of a person who suffered from haemophilia or who was a qualifying person, which derives from a payment under or by any of the Trusts to which sub-paragraph (1) refers, or from a Grenfell Tower payment , a child abuse payment , a Windrush payment, a Post Office compensation payment , a vaccine damage payment , an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment, where—

• (a) that person at the date of his death (the relevant date) had no partner or former partner from whom he was not estranged or divorced or with whom he had formed a civil partnership that had not been dissolved, nor any child or young person who was or had been a member of his family; and

• (b) the payment is made either—

• (i) to that person’s parent or step-parent, or

• (ii) where that person at the relevant date was a child, a young person or a full-time student who had not completed his full-time education and had no parent or step-parent, to his guardian,

but only for a period of two years from the relevant date.

• (6) In the case of a person to whom or for whose benefit a payment referred to in this paragraph is made, any income which derives from any payment of income or capital made under or deriving from any of the Trusts or from a Grenfell Tower payment , a child abuse payment , a Windrush payment, a Post Office compensation payment , a vaccine damage payment , an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment.

• (7) For the purposes of sub-paragraphs (2) to (6), any reference to the Trusts shall be construed as including a reference to the Fund , the Eileen Trust , MFET Limited , the Skipton Fund , the Caxton Foundation , the Scottish Infected Blood Support Scheme , an approved blood scheme , the London Emergencies Trust, the We Love Manchester Emergency Fund , the National Emergencies Trust and the London Bombings Relief Charitable Fund.

22

• (1) Any payment made under or by the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust (“the Trusts"), the Fund , the Eileen Trust , MFET Limited , the Independent Living Fund (2006) , the Skipton Fund , the Caxton Foundation , the Scottish Infected Blood Support Scheme , an approved blood scheme , the London Emergencies Trust, the We Love Manchester Emergency Fund the National Emergencies Trust, , the Victims of Overseas Terrorism Compensation Scheme or the London Bombings Relief Charitable Fund.

• (1A) Any Grenfell Tower payment , child abuse payment, Windrush payment , Post Office compensation payment , vaccine damage payment , LGBT Financial Recognition Scheme payment or miscarriage of justice compensation payment or any payment made by the Child Migrants Trust (registered charity number 1171479) under the scheme for former British child migrants.

• (2) Any payment by or on behalf of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person, which derives from a payment made under or by any of the Trusts to which sub-paragraph (1) refers , or from a Grenfell Tower payment , a child abuse payment , a Windrush payment, a Post Office compensation payment , a vaccine damage payment , an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment, and which is made to or for the benefit of—

• (a) that person’s partner or former partner from whom he is not, or where that person has died was not, estranged or divorced or with whom he has formed a civil partnership that has not been dissolved or, where that person has died, had not been dissolved at the time of that person's death;

• (b) any child who is a member of that person’s family or who was such a member and who is a member of the claimant’s family; or

• (c) any young person who is a member of that person’s family or who was such a member and who is a member of the claimant’s family.

• (3) Any payment by or on behalf of the partner or former partner of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person provided that the partner or former partner and that person are not, or if either of them has died were not, estranged or divorced or, where the partner or former partner and that person have formed a civil partnership, the civil partnership has not been dissolved or, if either of them has died, had not been dissolved at the time of the death, which derives from a payment made under or by any of the Trusts to which sub-paragraph (1) refers , or from a Grenfell Tower payment , a child abuse payment , a Windrush payment, a Post Office compensation payment , a vaccine damage payment , an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment, and which is made to or for the benefit of—

• (a) the person who is suffering from haemophilia or who is a qualifying person;

• (b) any child who is a member of that person’s family or who was such a member and who is a member of the claimant’s family; or

• (c) any young person who is a member of that person’s family or who was such a member and who is a member of the claimant’s family.

• (4) Any payment by a person who is suffering from haemophilia or who is a qualifying person, which derives from a payment under or by any of the Trusts to which sub-paragraph (1) refers, or from a Grenfell Tower payment , a child abuse payment , a Windrush payment, a Post Office compensation payment , a vaccine damage payment , an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment, where—

• (a) that person has no partner or former partner from whom he is not estranged or divorced or with whom he has formed a civil partnership that has not been dissolved, nor any child or young person who is or had been a member of that person’s family; and

• (b) the payment is made either—

• (i) to that person’s parent or step-parent, or

• (ii) where that person at the date of the payment is a child, a young person or a full-time student who has not completed his full-time education and has no parent or step-parent, to his guardian,

but only for a period from the date of the payment until the end of two years from that person’s death.

• (5) Any payment out of the estate of a person who suffered from haemophilia or who was a qualifying person, which derives from a payment under or by any of the Trusts to which sub-paragraph (1) refers, or from a Grenfell Tower payment , a child abuse payment , a Windrush payment, a Post Office compensation payment , a vaccine damage payment , an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment, where—

• (a) that person at the date of his death (the relevant date) had no partner or former partner from whom he was not estranged or divorced or with whom he had formed a civil partnership that had not been dissolved, nor any child or young person who was or had been a member of his family; and

• (b) the payment is made either—

• (i) to that person’s parent or step-parent, or

• (ii) where that person at the relevant date was a child, a young person or a full-time student who had not completed his full-time education and had no parent or step-parent, to his guardian,

but only for a period of two years from the relevant date.

• (5A) Any payment out of the estate of a person, which derives from a payment to meet the recommendation of the Infected Blood Inquiry in its interim report published on 29th July 2022 made under or by the Scottish Infected Blood Support Scheme or an approved blood scheme to the estate of the person, where the payment is made to the person’s son, daughter, step-son or step-daughter.

• (5B) Any payment out of the estate of a person, which derives from a payment made under or by the Scottish Infected Blood Support Scheme or an approved blood scheme to the estate of the person as a result of that person having been infected from contaminated blood products.

• (6) In the case of a person to whom or for whose benefit a payment referred to in this paragraph is made, any capital resource which derives from any payment of income or capital made under or deriving from any of the Trusts or from a Grenfell Tower payment , a child abuse payment , a Windrush payment, a Post Office compensation payment , a vaccine damage payment , an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment.

• (7) For the purposes of sub-paragraphs (2) to (6), any reference to the Trusts shall be construed as including a reference to the Fund , the Eileen Trust , MFET Limited , the Skipton Fund , the Caxton Foundation , the Scottish Infected Blood Support Scheme , an approved blood scheme , the London Emergencies Trust, the We Love Manchester Emergency Fund , the National Emergencies Trust , the Victims of Overseas Terrorism Compensation Scheme and the London Bombings Relief Charitable Fund.

23

The value of the right to receive an occupational or personal pension.

24

The value of the right to receive any rent except where the claimant has a reversionary interest in the property in respect of which rent is due.

Editorial notes