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The Employment and Support Allowance Regulations 2008

Type Statutory-Instrument
Publication 2008-03-25
Last updated 2026-03-15
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
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Claimants without accommodation Claimants without accommodation Claimants without accommodation Claimants without accommodation Claimants without accommodation Claimants without accommodation Claimants without accommodation Claimants without accommodation Claimants without accommodation Claimants without accommodation Claimants without accommodation Claimants without accommodation Claimants without accommodation Claimants without accommodation Claimants without accommodation Claimants without accommodation Claimants without accommodation Claimants without accommodation Claimants without accommodation
1. 1. A claimant who is without accommodation. A claimant who is without accommodation. A claimant who is without accommodation. A claimant who is without accommodation. A claimant who is without accommodation. A claimant who is without accommodation. A claimant who is without accommodation. A claimant who is without accommodation. A claimant who is without accommodation. 1. The amount applicable to the claimant under regulation 67(1)(a). The amount applicable to the claimant under regulation 67(1)(a). The amount applicable to the claimant under regulation 67(1)(a). The amount applicable to the claimant under regulation 67(1)(a). The amount applicable to the claimant under regulation 67(1)(a). The amount applicable to the claimant under regulation 67(1)(a). The amount applicable to the claimant under regulation 67(1)(a).
Members of religious orders Members of religious orders Members of religious orders Members of religious orders Members of religious orders Members of religious orders Members of religious orders Members of religious orders Members of religious orders Members of religious orders Members of religious orders Members of religious orders Members of religious orders Members of religious orders Members of religious orders Members of religious orders Members of religious orders Members of religious orders Members of religious orders
2. 2. A claimant who is a member of, and fully maintained by, a religious order. A claimant who is a member of, and fully maintained by, a religious order. A claimant who is a member of, and fully maintained by, a religious order. A claimant who is a member of, and fully maintained by, a religious order. A claimant who is a member of, and fully maintained by, a religious order. A claimant who is a member of, and fully maintained by, a religious order. A claimant who is a member of, and fully maintained by, a religious order. A claimant who is a member of, and fully maintained by, a religious order. A claimant who is a member of, and fully maintained by, a religious order. 2. Nil. Nil. Nil. Nil. Nil. Nil. Nil.
Prisoners Prisoners Prisoners Prisoners Prisoners Prisoners Prisoners Prisoners Prisoners Prisoners Prisoners Prisoners Prisoners Prisoners Prisoners Prisoners Prisoners Prisoners Prisoners
3. 3. A claimant A claimant A claimant A claimant A claimant A claimant A claimant A claimant A claimant 3.
(a) (a) (a) except where sub-paragraph (b) applies, who is a prisoner; except where sub-paragraph (b) applies, who is a prisoner; except where sub-paragraph (b) applies, who is a prisoner; except where sub-paragraph (b) applies, who is a prisoner; (a) Nil; Nil; Nil; Nil; Nil; Nil;
(b) (b) (b) who is detained in custody pending trial or sentence following conviction by a court. who is detained in custody pending trial or sentence following conviction by a court. who is detained in custody pending trial or sentence following conviction by a court. who is detained in custody pending trial or sentence following conviction by a court. (b) only such amount, if any, as may be applicable under regulation 67(1)(c) and the amount of nil under regulation 67(3). only such amount, if any, as may be applicable under regulation 67(1)(c) and the amount of nil under regulation 67(3). only such amount, if any, as may be applicable under regulation 67(1)(c) and the amount of nil under regulation 67(3). only such amount, if any, as may be applicable under regulation 67(1)(c) and the amount of nil under regulation 67(3). only such amount, if any, as may be applicable under regulation 67(1)(c) and the amount of nil under regulation 67(3). only such amount, if any, as may be applicable under regulation 67(1)(c) and the amount of nil under regulation 67(3).
Specified cases of temporarily separated couples Specified cases of temporarily separated couples Specified cases of temporarily separated couples Specified cases of temporarily separated couples Specified cases of temporarily separated couples Specified cases of temporarily separated couples Specified cases of temporarily separated couples Specified cases of temporarily separated couples Specified cases of temporarily separated couples Specified cases of temporarily separated couples Specified cases of temporarily separated couples Specified cases of temporarily separated couples Specified cases of temporarily separated couples Specified cases of temporarily separated couples Specified cases of temporarily separated couples Specified cases of temporarily separated couples Specified cases of temporarily separated couples Specified cases of temporarily separated couples Specified cases of temporarily separated couples
4. 4. A claimant who is a member of a couple and who is temporarily separated from the claimant's partner where— A claimant who is a member of a couple and who is temporarily separated from the claimant's partner where— A claimant who is a member of a couple and who is temporarily separated from the claimant's partner where— A claimant who is a member of a couple and who is temporarily separated from the claimant's partner where— A claimant who is a member of a couple and who is temporarily separated from the claimant's partner where— A claimant who is a member of a couple and who is temporarily separated from the claimant's partner where— A claimant who is a member of a couple and who is temporarily separated from the claimant's partner where— A claimant who is a member of a couple and who is temporarily separated from the claimant's partner where— A claimant who is a member of a couple and who is temporarily separated from the claimant's partner where— 4. Either— Either— Either— Either— Either— Either— Either—
(a) (a) (a) one member of the couple is— one member of the couple is— one member of the couple is— one member of the couple is— (a) the amount applicable to the claimant as a member of a couple under regulation 67(1); or the amount applicable to the claimant as a member of a couple under regulation 67(1); or the amount applicable to the claimant as a member of a couple under regulation 67(1); or the amount applicable to the claimant as a member of a couple under regulation 67(1); or the amount applicable to the claimant as a member of a couple under regulation 67(1); or the amount applicable to the claimant as a member of a couple under regulation 67(1); or
(i) (i) not a patient but is residing in a care home, an Abbeyfield Home or an independent hospital; or not a patient but is residing in a care home, an Abbeyfield Home or an independent hospital; or
(ii) (ii) resident in premises used for the rehabilitation of alcoholics or drug addicts; or resident in premises used for the rehabilitation of alcoholics or drug addicts; or
(iii) (iii) (iii) resident in accommodation provided under section 3 of and Part 2 of the Schedule to, the Polish Resettlement Act 1947 (provision of accommodation in camps); or resident in accommodation provided under section 3 of and Part 2 of the Schedule to, the Polish Resettlement Act 1947 (provision of accommodation in camps); or
(iv) (iv) 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 the person to live away from the dwelling occupied as the home; or 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 the person to live away from the dwelling occupied as the home; or
(v) (v) in a probation or bail hostel approved for the purpose by the Secretary of State; and in a probation or bail hostel approved for the purpose by the Secretary of State; and
(b) (b) (b) the other member of the couple is— the other member of the couple is— the other member of the couple is— the other member of the couple is— (b) the aggregate of the claimant's applicable amount and that of the claimant's partner assessed under the provisions of these Regulations as if each of them were a single claimant, a lone parent or a person who has no partner and who is responsible for and a member of the same household as a young person the aggregate of the claimant's applicable amount and that of the claimant's partner assessed under the provisions of these Regulations as if each of them were a single claimant, a lone parent or a person who has no partner and who is responsible for and a member of the same household as a young person the aggregate of the claimant's applicable amount and that of the claimant's partner assessed under the provisions of these Regulations as if each of them were a single claimant, a lone parent or a person who has no partner and who is responsible for and a member of the same household as a young person the aggregate of the claimant's applicable amount and that of the claimant's partner assessed under the provisions of these Regulations as if each of them were a single claimant, a lone parent or a person who has no partner and who is responsible for and a member of the same household as a young person the aggregate of the claimant's applicable amount and that of the claimant's partner assessed under the provisions of these Regulations as if each of them were a single claimant, a lone parent or a person who has no partner and who is responsible for and a member of the same household as a young person the aggregate of the claimant's applicable amount and that of the claimant's partner assessed under the provisions of these Regulations as if each of them were a single claimant, a lone parent or a person who has no partner and who is responsible for and a member of the same household as a young person
whichever is the greater. whichever is the greater. whichever is the greater. whichever is the greater. whichever is the greater. whichever is the greater. whichever is the greater.
(i) (i) living in the dwelling occupied as the home; or living in the dwelling occupied as the home; or
(ii) (ii) a patient; or a patient; or
(iii) (iii) residing in a care home, an Abbeyfield Home or an independent hospital. residing in a care home, an Abbeyfield Home or an independent hospital.
Polygamous marriages where one or more partners are temporarily separated Polygamous marriages where one or more partners are temporarily separated Polygamous marriages where one or more partners are temporarily separated Polygamous marriages where one or more partners are temporarily separated Polygamous marriages where one or more partners are temporarily separated Polygamous marriages where one or more partners are temporarily separated Polygamous marriages where one or more partners are temporarily separated Polygamous marriages where one or more partners are temporarily separated Polygamous marriages where one or more partners are temporarily separated Polygamous marriages where one or more partners are temporarily separated Polygamous marriages where one or more partners are temporarily separated
5. A claimant who is a member of a polygamous marriage and who is temporarily separated from a partner, where one of them is living in the home where the other member is— A claimant who is a member of a polygamous marriage and who is temporarily separated from a partner, where one of them is living in the home where the other member is— A claimant who is a member of a polygamous marriage and who is temporarily separated from a partner, where one of them is living in the home where the other member is— A claimant who is a member of a polygamous marriage and who is temporarily separated from a partner, where one of them is living in the home where the other member is— A claimant who is a member of a polygamous marriage and who is temporarily separated from a partner, where one of them is living in the home where the other member is— A claimant who is a member of a polygamous marriage and who is temporarily separated from a partner, where one of them is living in the home where the other member is— A claimant who is a member of a polygamous marriage and who is temporarily separated from a partner, where one of them is living in the home where the other member is— A claimant who is a member of a polygamous marriage and who is temporarily separated from a partner, where one of them is living in the home where the other member is— A claimant who is a member of a polygamous marriage and who is temporarily separated from a partner, where one of them is living in the home where the other member is— A claimant who is a member of a polygamous marriage and who is temporarily separated from a partner, where one of them is living in the home where the other member is— 5. Either— Either— Either— Either— Either— Either— Either—
(a) (a) not a patient but is residing in a care home, an Abbeyfield Home or an independent hospital; or not a patient but is residing in a care home, an Abbeyfield Home or an independent hospital; or not a patient but is residing in a care home, an Abbeyfield Home or an independent hospital; or not a patient but is residing in a care home, an Abbeyfield Home or an independent hospital; or (a) the amount applicable to the members of the polygamous marriage under regulation 68; or the amount applicable to the members of the polygamous marriage under regulation 68; or the amount applicable to the members of the polygamous marriage under regulation 68; or the amount applicable to the members of the polygamous marriage under regulation 68; or the amount applicable to the members of the polygamous marriage under regulation 68; or the amount applicable to the members of the polygamous marriage under regulation 68; or
(b) (b) resident in premises used for the rehabilitation of alcoholics or drug addicts; or resident in premises used for the rehabilitation of alcoholics or drug addicts; or resident in premises used for the rehabilitation of alcoholics or drug addicts; or resident in premises used for the rehabilitation of alcoholics or drug addicts; or (b) the aggregate of the amount applicable for the members of the polygamous marriage who remain in the home under regulation 68 and the amount applicable in respect of those members not in the home calculated as if each of them were a single claimant, a lone parent or a person who has no partner and who is responsible for and a member of the same household as a young person the aggregate of the amount applicable for the members of the polygamous marriage who remain in the home under regulation 68 and the amount applicable in respect of those members not in the home calculated as if each of them were a single claimant, a lone parent or a person who has no partner and who is responsible for and a member of the same household as a young person the aggregate of the amount applicable for the members of the polygamous marriage who remain in the home under regulation 68 and the amount applicable in respect of those members not in the home calculated as if each of them were a single claimant, a lone parent or a person who has no partner and who is responsible for and a member of the same household as a young person the aggregate of the amount applicable for the members of the polygamous marriage who remain in the home under regulation 68 and the amount applicable in respect of those members not in the home calculated as if each of them were a single claimant, a lone parent or a person who has no partner and who is responsible for and a member of the same household as a young person the aggregate of the amount applicable for the members of the polygamous marriage who remain in the home under regulation 68 and the amount applicable in respect of those members not in the home calculated as if each of them were a single claimant, a lone parent or a person who has no partner and who is responsible for and a member of the same household as a young person the aggregate of the amount applicable for the members of the polygamous marriage who remain in the home under regulation 68 and the amount applicable in respect of those members not in the home calculated as if each of them were a single claimant, a lone parent or a person who has no partner and who is responsible for and a member of the same household as a young person
whichever is the greater. whichever is the greater. whichever is the greater. whichever is the greater. whichever is the greater. whichever is the greater. whichever is the greater.
(c) (c) attending a course of training or instruction provided or approved by the Secretary of State where the course requires the person to live away from home; or attending a course of training or instruction provided or approved by the Secretary of State where the course requires the person to live away from home; or attending a course of training or instruction provided or approved by the Secretary of State where the course requires the person to live away from home; or attending a course of training or instruction provided or approved by the Secretary of State where the course requires the person to live away from home; or
(d) (d) in a probation or bail hostel approved for the purpose by the Secretary of State. in a probation or bail hostel approved for the purpose by the Secretary of State. in a probation or bail hostel approved for the purpose by the Secretary of State. in a probation or bail hostel approved for the purpose by the Secretary of State.
Couple where one member is abroad Couple where one member is abroad Couple where one member is abroad Couple where one member is abroad Couple where one member is abroad Couple where one member is abroad Couple where one member is abroad Couple where one member is abroad Couple where one member is abroad Couple where one member is abroad Couple where one member is abroad
6. Subject to paragraph 7, a claimant who is a member of a couple where one member of the couple is temporarily absent from the United Kingdom. Subject to paragraph 7, a claimant who is a member of a couple where one member of the couple is temporarily absent from the United Kingdom. Subject to paragraph 7, a claimant who is a member of a couple where one member of the couple is temporarily absent from the United Kingdom. Subject to paragraph 7, a claimant who is a member of a couple where one member of the couple is temporarily absent from the United Kingdom. Subject to paragraph 7, a claimant who is a member of a couple where one member of the couple is temporarily absent from the United Kingdom. Subject to paragraph 7, a claimant who is a member of a couple where one member of the couple is temporarily absent from the United Kingdom. Subject to paragraph 7, a claimant who is a member of a couple where one member of the couple is temporarily absent from the United Kingdom. Subject to paragraph 7, a claimant who is a member of a couple where one member of the couple is temporarily absent from the United Kingdom. Subject to paragraph 7, a claimant who is a member of a couple where one member of the couple is temporarily absent from the United Kingdom. Subject to paragraph 7, a claimant who is a member of a couple where one member of the couple is temporarily absent from the United Kingdom. 6. For the first 4 weeks of that absence, the amount applicable to them as a couple under regulation 67(1) or 69, as the case may be, and thereafter, the amount applicable to the claimant in Great Britain under regulation 67(1) or 69, as the case may be, as if the claimant were a single claimant, a lone parent, or as the case may be a person who has no partner and who is responsible for and a member of the same household as a young person. For the first 4 weeks of that absence, the amount applicable to them as a couple under regulation 67(1) or 69, as the case may be, and thereafter, the amount applicable to the claimant in Great Britain under regulation 67(1) or 69, as the case may be, as if the claimant were a single claimant, a lone parent, or as the case may be a person who has no partner and who is responsible for and a member of the same household as a young person. For the first 4 weeks of that absence, the amount applicable to them as a couple under regulation 67(1) or 69, as the case may be, and thereafter, the amount applicable to the claimant in Great Britain under regulation 67(1) or 69, as the case may be, as if the claimant were a single claimant, a lone parent, or as the case may be a person who has no partner and who is responsible for and a member of the same household as a young person. For the first 4 weeks of that absence, the amount applicable to them as a couple under regulation 67(1) or 69, as the case may be, and thereafter, the amount applicable to the claimant in Great Britain under regulation 67(1) or 69, as the case may be, as if the claimant were a single claimant, a lone parent, or as the case may be a person who has no partner and who is responsible for and a member of the same household as a young person. For the first 4 weeks of that absence, the amount applicable to them as a couple under regulation 67(1) or 69, as the case may be, and thereafter, the amount applicable to the claimant in Great Britain under regulation 67(1) or 69, as the case may be, as if the claimant were a single claimant, a lone parent, or as the case may be a person who has no partner and who is responsible for and a member of the same household as a young person. For the first 4 weeks of that absence, the amount applicable to them as a couple under regulation 67(1) or 69, as the case may be, and thereafter, the amount applicable to the claimant in Great Britain under regulation 67(1) or 69, as the case may be, as if the claimant were a single claimant, a lone parent, or as the case may be a person who has no partner and who is responsible for and a member of the same household as a young person. For the first 4 weeks of that absence, the amount applicable to them as a couple under regulation 67(1) or 69, as the case may be, and thereafter, the amount applicable to the claimant in Great Britain under regulation 67(1) or 69, as the case may be, as if the claimant were a single claimant, a lone parent, or as the case may be a person who has no partner and who is responsible for and a member of the same household as a young person.
Couple or member of couple taking child or young person abroad for treatment Couple or member of couple taking child or young person abroad for treatment Couple or member of couple taking child or young person abroad for treatment Couple or member of couple taking child or young person abroad for treatment Couple or member of couple taking child or young person abroad for treatment Couple or member of couple taking child or young person abroad for treatment Couple or member of couple taking child or young person abroad for treatment Couple or member of couple taking child or young person abroad for treatment Couple or member of couple taking child or young person abroad for treatment Couple or member of couple taking child or young person abroad for treatment Couple or member of couple taking child or young person abroad for treatment
7.— (1) (1) (1) (1) A claimant who is a member of a couple where either— A claimant who is a member of a couple where either— A claimant who is a member of a couple where either— A claimant who is a member of a couple where either— A claimant who is a member of a couple where either— A claimant who is a member of a couple where either— 7. For the first 26 weeks of that absence, the amount applicable to the claimant under regulation 67(1) or 69, as the case may be and, thereafter, if the claimant is in Great Britain the amount applicable to the claimant under regulation 67(1) or 69, as the case may be, as if the claimant were a single claimant, a lone parent, or as the case may be a person who has no partner and who is responsible for and a member of the same household as a young person. For the first 26 weeks of that absence, the amount applicable to the claimant under regulation 67(1) or 69, as the case may be and, thereafter, if the claimant is in Great Britain the amount applicable to the claimant under regulation 67(1) or 69, as the case may be, as if the claimant were a single claimant, a lone parent, or as the case may be a person who has no partner and who is responsible for and a member of the same household as a young person. For the first 26 weeks of that absence, the amount applicable to the claimant under regulation 67(1) or 69, as the case may be and, thereafter, if the claimant is in Great Britain the amount applicable to the claimant under regulation 67(1) or 69, as the case may be, as if the claimant were a single claimant, a lone parent, or as the case may be a person who has no partner and who is responsible for and a member of the same household as a young person. For the first 26 weeks of that absence, the amount applicable to the claimant under regulation 67(1) or 69, as the case may be and, thereafter, if the claimant is in Great Britain the amount applicable to the claimant under regulation 67(1) or 69, as the case may be, as if the claimant were a single claimant, a lone parent, or as the case may be a person who has no partner and who is responsible for and a member of the same household as a young person. For the first 26 weeks of that absence, the amount applicable to the claimant under regulation 67(1) or 69, as the case may be and, thereafter, if the claimant is in Great Britain the amount applicable to the claimant under regulation 67(1) or 69, as the case may be, as if the claimant were a single claimant, a lone parent, or as the case may be a person who has no partner and who is responsible for and a member of the same household as a young person. For the first 26 weeks of that absence, the amount applicable to the claimant under regulation 67(1) or 69, as the case may be and, thereafter, if the claimant is in Great Britain the amount applicable to the claimant under regulation 67(1) or 69, as the case may be, as if the claimant were a single claimant, a lone parent, or as the case may be a person who has no partner and who is responsible for and a member of the same household as a young person. For the first 26 weeks of that absence, the amount applicable to the claimant under regulation 67(1) or 69, as the case may be and, thereafter, if the claimant is in Great Britain the amount applicable to the claimant under regulation 67(1) or 69, as the case may be, as if the claimant were a single claimant, a lone parent, or as the case may be a person who has no partner and who is responsible for and a member of the same household as a young person.
(a) (a) the claimant or the claimant's partner is; or the claimant or the claimant's partner is; or the claimant or the claimant's partner is; or the claimant or the claimant's partner is; or
(b) (b) both the claimant and the claimant's partner are, both the claimant and the claimant's partner are, both the claimant and the claimant's partner are, both the claimant and the claimant's partner are,
absent from the United Kingdom in the circumstances specified in sub-paragraph (2). absent from the United Kingdom in the circumstances specified in sub-paragraph (2). absent from the United Kingdom in the circumstances specified in sub-paragraph (2). absent from the United Kingdom in the circumstances specified in sub-paragraph (2). absent from the United Kingdom in the circumstances specified in sub-paragraph (2). absent from the United Kingdom in the circumstances specified in sub-paragraph (2).
(2) (2) (2) (2) For the purposes of sub-paragraph (1) the specified circumstances are— For the purposes of sub-paragraph (1) the specified circumstances are— For the purposes of sub-paragraph (1) the specified circumstances are— For the purposes of sub-paragraph (1) the specified circumstances are— For the purposes of sub-paragraph (1) the specified circumstances are— For the purposes of sub-paragraph (1) the specified circumstances are—
(a) (a) in respect of a claimant, those in regulation 153(1)(a), (b), (c)(ii), (d) and (e); in respect of a claimant, those in regulation 153(1)(a), (b), (c)(ii), (d) and (e); in respect of a claimant, those in regulation 153(1)(a), (b), (c)(ii), (d) and (e); in respect of a claimant, those in regulation 153(1)(a), (b), (c)(ii), (d) and (e);
(b) (b) in respect of a claimant's partner, as if regulation 153(1)(a), (b), (c)(ii), (d) and (e) applied to that partner. in respect of a claimant's partner, as if regulation 153(1)(a), (b), (c)(ii), (d) and (e) applied to that partner. in respect of a claimant's partner, as if regulation 153(1)(a), (b), (c)(ii), (d) and (e) applied to that partner. in respect of a claimant's partner, as if regulation 153(1)(a), (b), (c)(ii), (d) and (e) applied to that partner.
Polygamous marriages where any member is abroad Polygamous marriages where any member is abroad Polygamous marriages where any member is abroad Polygamous marriages where any member is abroad Polygamous marriages where any member is abroad Polygamous marriages where any member is abroad Polygamous marriages where any member is abroad Polygamous marriages where any member is abroad Polygamous marriages where any member is abroad Polygamous marriages where any member is abroad Polygamous marriages where any member is abroad
8. Subject to paragraph 9, a claimant who is a member of a polygamous marriage where one or more members of the marriage are temporarily absent from the United Kingdom. Subject to paragraph 9, a claimant who is a member of a polygamous marriage where one or more members of the marriage are temporarily absent from the United Kingdom. Subject to paragraph 9, a claimant who is a member of a polygamous marriage where one or more members of the marriage are temporarily absent from the United Kingdom. Subject to paragraph 9, a claimant who is a member of a polygamous marriage where one or more members of the marriage are temporarily absent from the United Kingdom. Subject to paragraph 9, a claimant who is a member of a polygamous marriage where one or more members of the marriage are temporarily absent from the United Kingdom. Subject to paragraph 9, a claimant who is a member of a polygamous marriage where one or more members of the marriage are temporarily absent from the United Kingdom. Subject to paragraph 9, a claimant who is a member of a polygamous marriage where one or more members of the marriage are temporarily absent from the United Kingdom. Subject to paragraph 9, a claimant who is a member of a polygamous marriage where one or more members of the marriage are temporarily absent from the United Kingdom. Subject to paragraph 9, a claimant who is a member of a polygamous marriage where one or more members of the marriage are temporarily absent from the United Kingdom. Subject to paragraph 9, a claimant who is a member of a polygamous marriage where one or more members of the marriage are temporarily absent from the United Kingdom. 8. For the first 4 weeks of that absence, the amount applicable to the claimant under regulation 68 and 69, as the case may be, and thereafter, if the claimant is in Great Britain the amount applicable to the claimant under regulations 68 and 69, as the case may be, as if any members of the polygamous marriage not in the United Kingdom were not a member of the marriage. For the first 4 weeks of that absence, the amount applicable to the claimant under regulation 68 and 69, as the case may be, and thereafter, if the claimant is in Great Britain the amount applicable to the claimant under regulations 68 and 69, as the case may be, as if any members of the polygamous marriage not in the United Kingdom were not a member of the marriage. For the first 4 weeks of that absence, the amount applicable to the claimant under regulation 68 and 69, as the case may be, and thereafter, if the claimant is in Great Britain the amount applicable to the claimant under regulations 68 and 69, as the case may be, as if any members of the polygamous marriage not in the United Kingdom were not a member of the marriage. For the first 4 weeks of that absence, the amount applicable to the claimant under regulation 68 and 69, as the case may be, and thereafter, if the claimant is in Great Britain the amount applicable to the claimant under regulations 68 and 69, as the case may be, as if any members of the polygamous marriage not in the United Kingdom were not a member of the marriage. For the first 4 weeks of that absence, the amount applicable to the claimant under regulation 68 and 69, as the case may be, and thereafter, if the claimant is in Great Britain the amount applicable to the claimant under regulations 68 and 69, as the case may be, as if any members of the polygamous marriage not in the United Kingdom were not a member of the marriage. For the first 4 weeks of that absence, the amount applicable to the claimant under regulation 68 and 69, as the case may be, and thereafter, if the claimant is in Great Britain the amount applicable to the claimant under regulations 68 and 69, as the case may be, as if any members of the polygamous marriage not in the United Kingdom were not a member of the marriage. For the first 4 weeks of that absence, the amount applicable to the claimant under regulation 68 and 69, as the case may be, and thereafter, if the claimant is in Great Britain the amount applicable to the claimant under regulations 68 and 69, as the case may be, as if any members of the polygamous marriage not in the United Kingdom were not a member of the marriage.
Polygamous marriage: taking child or young person abroad for treatment Polygamous marriage: taking child or young person abroad for treatment Polygamous marriage: taking child or young person abroad for treatment Polygamous marriage: taking child or young person abroad for treatment Polygamous marriage: taking child or young person abroad for treatment Polygamous marriage: taking child or young person abroad for treatment Polygamous marriage: taking child or young person abroad for treatment Polygamous marriage: taking child or young person abroad for treatment Polygamous marriage: taking child or young person abroad for treatment Polygamous marriage: taking child or young person abroad for treatment Polygamous marriage: taking child or young person abroad for treatment
9.— (1) (1) (1) (1) A claimant who is a member of a polygamous marriage where one or more members of the marriage is absent from the United Kingdom in the circumstances specified in sub-paragraph (2). A claimant who is a member of a polygamous marriage where one or more members of the marriage is absent from the United Kingdom in the circumstances specified in sub-paragraph (2). A claimant who is a member of a polygamous marriage where one or more members of the marriage is absent from the United Kingdom in the circumstances specified in sub-paragraph (2). A claimant who is a member of a polygamous marriage where one or more members of the marriage is absent from the United Kingdom in the circumstances specified in sub-paragraph (2). A claimant who is a member of a polygamous marriage where one or more members of the marriage is absent from the United Kingdom in the circumstances specified in sub-paragraph (2). A claimant who is a member of a polygamous marriage where one or more members of the marriage is absent from the United Kingdom in the circumstances specified in sub-paragraph (2). 9. For the first 26 weeks of that absence, the amount applicable to the claimant under regulations 68 and 69, as the case may be, and thereafter, if the claimant is in Great Britain the amount applicable to the claimant under regulations 68 and 69, 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. For the first 26 weeks of that absence, the amount applicable to the claimant under regulations 68 and 69, as the case may be, and thereafter, if the claimant is in Great Britain the amount applicable to the claimant under regulations 68 and 69, 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. For the first 26 weeks of that absence, the amount applicable to the claimant under regulations 68 and 69, as the case may be, and thereafter, if the claimant is in Great Britain the amount applicable to the claimant under regulations 68 and 69, 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. For the first 26 weeks of that absence, the amount applicable to the claimant under regulations 68 and 69, as the case may be, and thereafter, if the claimant is in Great Britain the amount applicable to the claimant under regulations 68 and 69, 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. For the first 26 weeks of that absence, the amount applicable to the claimant under regulations 68 and 69, as the case may be, and thereafter, if the claimant is in Great Britain the amount applicable to the claimant under regulations 68 and 69, 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. For the first 26 weeks of that absence, the amount applicable to the claimant under regulations 68 and 69, as the case may be, and thereafter, if the claimant is in Great Britain the amount applicable to the claimant under regulations 68 and 69, 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. For the first 26 weeks of that absence, the amount applicable to the claimant under regulations 68 and 69, as the case may be, and thereafter, if the claimant is in Great Britain the amount applicable to the claimant under regulations 68 and 69, 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.
(2) (2) (2) (2) For the purposes of sub-paragraph (1) the specified circumstances are— For the purposes of sub-paragraph (1) the specified circumstances are— For the purposes of sub-paragraph (1) the specified circumstances are— For the purposes of sub-paragraph (1) the specified circumstances are— For the purposes of sub-paragraph (1) the specified circumstances are— For the purposes of sub-paragraph (1) the specified circumstances are—
(a) (a) (a) in respect of a claimant, those in regulation 153(1)(a), (b), (c)(ii), (d) and (e); in respect of a claimant, those in regulation 153(1)(a), (b), (c)(ii), (d) and (e); in respect of a claimant, those in regulation 153(1)(a), (b), (c)(ii), (d) and (e);
(b) (b) (b) in respect of a claimant's partner or partners, as the case may be, as if regulation 153(1)(a), (b), (c)(ii), (d) and (e) applied to that partner or those partners . in respect of a claimant's partner or partners, as the case may be, as if regulation 153(1)(a), (b), (c)(ii), (d) and (e) applied to that partner or those partners . in respect of a claimant's partner or partners, as the case may be, as if regulation 153(1)(a), (b), (c)(ii), (d) and (e) applied to that partner or those partners .
Partner of a person subject to immigration control Partner of a person subject to immigration control Partner of a person subject to immigration control Partner of a person subject to immigration control Partner of a person subject to immigration control Partner of a person subject to immigration control Partner of a person subject to immigration control Partner of a person subject to immigration control Partner of a person subject to immigration control Partner of a person subject to immigration control Partner of a person subject to immigration control
10. 10.
(a) (a) (a) A claimant who is the partner of a person subject to immigration control. A claimant who is the partner of a person subject to immigration control. A claimant who is the partner of a person subject to immigration control. (a) (a) The amount applicable in respect of the claimant only under regulation 67(1)(a) any amount which may be applicable to the claimant under regulation 67(1)(b) plus the amount applicable to the claimant under regulation 67(1)(c) or, as the case may be, regulation 69. The amount applicable in respect of the claimant only under regulation 67(1)(a) any amount which may be applicable to the claimant under regulation 67(1)(b) plus the amount applicable to the claimant under regulation 67(1)(c) or, as the case may be, regulation 69. The amount applicable in respect of the claimant only under regulation 67(1)(a) any amount which may be applicable to the claimant under regulation 67(1)(b) plus the amount applicable to the claimant under regulation 67(1)(c) or, as the case may be, regulation 69. The amount applicable in respect of the claimant only under regulation 67(1)(a) any amount which may be applicable to the claimant under regulation 67(1)(b) plus the amount applicable to the claimant under regulation 67(1)(c) or, as the case may be, regulation 69. The amount applicable in respect of the claimant only under regulation 67(1)(a) any amount which may be applicable to the claimant under regulation 67(1)(b) plus the amount applicable to the claimant under regulation 67(1)(c) or, as the case may be, regulation 69.
(b) (b) (b) Where regulation 68 (polygamous marriages) applies and the claimant is a person— Where regulation 68 (polygamous marriages) applies and the claimant is a person— Where regulation 68 (polygamous marriages) applies and the claimant is a person— (b) (b) the amount determined in accordance with that regulation or regulation 69 in respect of the claimant and any partners of the claimant who are not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act and to whom section 115 of that Act does not apply for the purposes of exclusion from entitlement to an income-related allowance. the amount determined in accordance with that regulation or regulation 69 in respect of the claimant and any partners of the claimant who are not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act and to whom section 115 of that Act does not apply for the purposes of exclusion from entitlement to an income-related allowance. the amount determined in accordance with that regulation or regulation 69 in respect of the claimant and any partners of the claimant who are not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act and to whom section 115 of that Act does not apply for the purposes of exclusion from entitlement to an income-related allowance. the amount determined in accordance with that regulation or regulation 69 in respect of the claimant and any partners of the claimant who are not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act and to whom section 115 of that Act does not apply for the purposes of exclusion from entitlement to an income-related allowance. the amount determined in accordance with that regulation or regulation 69 in respect of the claimant and any partners of the claimant who are not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act and to whom section 115 of that Act does not apply for the purposes of exclusion from entitlement to an income-related allowance.
(i) (i) who is not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act; or
(ii) (ii) to whom section 115 of that Act does not apply by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 ; and
(iii) (iii) who is a member of a couple and one or more of the person's partners is subject to immigration control within the meaning of section 115(9) of that Act and section 115 of that Act applies to that partner or those partners for the purposes of exclusion from entitlement to income-related allowance.
Person from abroad Person from abroad Person from abroad Person from abroad Person from abroad Person from abroad Person from abroad Person from abroad Person from abroad Person from abroad Person from abroad
11. 11. 11. Person from abroad. Person from abroad. Person from abroad. Person from abroad. Person from abroad. Person from abroad. Person from abroad. Person from abroad. 11. Nil. Nil. Nil. Nil. Nil. Nil. Nil.
Persons serving a sentence of imprisonment detained in hospital Persons serving a sentence of imprisonment detained in hospital Persons serving a sentence of imprisonment detained in hospital
--- --- --- --- ---
12. A person serving a sentence of imprisonment detained in hospital. A person serving a sentence of imprisonment detained in hospital. 12. The amount applicable under regulation 67(2) and the amount of nil under regulation 67(3).
(a) section 45A of the Mental Health Act 1983 (hospital and limitation directions) or section 59A of the Criminal Procedure (Scotland) Act 1995 (hospital directions); or
(b) section 47 of the Mental Health Act 1983 (removal to hospital of persons serving sentences of imprisonment, etc.) or section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (transfer of prisoners for treatment for mental disorder),
Claimants without accommodation Claimants without accommodation Claimants without accommodation Claimants without accommodation Claimants without accommodation Claimants without accommodation Claimants without accommodation Claimants without accommodation Claimants without accommodation Claimants without accommodation Claimants without accommodation Claimants without accommodation Claimants without accommodation Claimants without accommodation Claimants without accommodation Claimants without accommodation Claimants without accommodation Claimants without accommodation Claimants without accommodation
but not if the detention continues after the date which the Secretary of State certifies or Scottish Ministers certify would have been the earliest date on which the claimant could have been released in respect of, or from, the prison sentence if the claimant had not been detained in hospital. but not if the detention continues after the date which the Secretary of State certifies or Scottish Ministers certify would have been the earliest date on which the claimant could have been released in respect of, or from, the prison sentence if the claimant had not been detained in hospital.
Patients Patients
13. Subject to paragraph 12, a single claimant who has been a patient for a continuous period of more than 52 weeks or, where the claimant is one of a couple, each member of the couple has been a patient for a continuous period of more than 52 weeks. Subject to paragraph 12, a single claimant who has been a patient for a continuous period of more than 52 weeks or, where the claimant is one of a couple, each member of the couple has been a patient for a continuous period of more than 52 weeks. 13. The amounts applicable under regulation 67(1)(a), (c) and (2) and the amount of nil under regulation 67(3).
14. Person in hardship Person in hardship
A claimant who is a person in hardship. A claimant who is a person in hardship. 14. The amount to which the claimant is entitled under regulation 67(1)(a) and (2) or 68(1)(a) is to be reduced by 20%.

Housing costs

Editorial notes

303

Section 3(3) is cited for the power to prescribe a payment under paragraph (b) of the definition of “pension payment”.

304

Section 22 is cited insofar as it relates to paragraphs 1 to 3, 6, 7, 8(1), 9 and 10 of Schedule 2.

305

Section 24(1) is cited for the definition of “employment” and “employed”, “period of limited capability for work”, “prescribed”, “regulations” and “week”.

306

Paragraph 6(5) of Schedule 1 is cited for the definition of “couple”, “education” and “remunerative work”.

311

1996 c. 18. Sections 75A and 75B were inserted by section 3 of the Employment Act 2002 (c. 22).

313

S.I. 1983/686. Article 14 was substituted by S.I. 2001/420, article 15 was amended by S.I. 2001/420 and article 16 was amended by S.I. 1984/1675 and S.I. 2001/420.

316

1992 c. 4. Section 171(1) was amended by the Still-Birth (Definition) Act 1992 (c. 29), sections 2(1) and 4(2).

318

1972 c. 70. Section 173 was amended by the Local Government, Planning and Land Act 1980 (c. 65), section 24(1) and by the Local Government and Housing Act 1989(c. 42), section 194 and Schedule 11, paragraph 26 and S.I. 1977/1710, article 3(c). Section 177(1A) was inserted by the School Standards and Framework Act 1998 (c. 31), section 140(1) and Schedule 30, paragraph 3(3) and amended by the Education and Inspections Act 2006 (c. 40), sections 30 and 184 and Schedule 3, paragraph 1 and Schedule 18, Part 3. Section 177(2) was substituted by, and section 177(4) was amended by the Local Government and Housing Act 1989 (c. 42), section 194 and Schedule 11, paragraph 28(3) and (4), respectively.

319

1989 c. 42. Section 18(1) was amended by the Local Government Act 2000 (c. 22) (“the 2000 Act”), section 99(3) and (4). Section 18(1A) was inserted by the 2000 Act, section 99(3) and (4). Section 18(2A) was inserted by the 2000 Act, section 99(3) and (5). Section 18(3) was amended by the 2000 Act, section 99(3) and (6). Section 18(3A) to (3G) were inserted by the 2000 Act, section 99(3) and (7). Section 18(4) was amended by the 2000 Act, section 99(3) and (8). Section 18(5) was amended by the Police and Magistrates' Courts Act 1994 (c. 29), section 43 and Schedule 4, Part 1, paragraph 37 and the Education Act 1996 (c. 56), section 582(1) and Schedule 37, paragraph 97 and the 2000 Act, section 99(3) and (9).

320

2004 asp. 9.

323

1999 c. 8. Section 60(1) was amended by the National Health Service Reform and Health Care Professions Act 2002 (c. 17), section 26(9). Section 60(2) was amended by S.I. 2002/253, article 54(3) and Schedule 5, paragraph 16(a) and S.I. 2002/254, article 48(3) and Schedule 4, paragraph 8(a).

334

1993 c. 48. Section 1(1) was amended by the Pensions Act 2004 (c. 35), section 239(1) and (3), S.I. 1999/1820, article 4 and Schedule 2, Part 1, paragraph 113(a) and (b) and S.I. 2007/3014, regulation 2(b) and paragraph 1(a) of the Schedule.

336

1993 c. 48. Section 1(1) has been amended by the Pensions Act 2004 (c. 35), section 239(1), (2) and (3), S.I. 1999/1820, article 4 and Schedule 2, Part 1, paragraph 113(a) and (b) and S.I. 2007/3014, regulation 2(b) and paragraph 1(a) of the Schedule. Section 1(2) to (6) was inserted by the Pensions Act 2004 (c. 35), section 239(1) and (4).

337

1988 c. 1. Sections 620, 621 and 622 were repealed by the Finance Act 2004 (c. 12), section 326 and Schedule 42, Part 3.

351

1973 c. 50. Section 2 was substituted by the Employment Act 1988 (c. 19), section 25(1). Sections 2(3A) and (3B) were inserted by the Trade Union Reform and Employment Rights Act 1993 (c. 19) section 47(1) and apply to Scotland only.

352

1990 c. 35. Section 2(3) was amended by the Trade Union Reform and Employment Rights Act 1993, sections 47(2) and (4)(a) and 51 and Schedule 10. Section 2(4) was amended by the Trade Union Reform and Employment Rights Act 1993, section 47(2) and (4)(b). Section 2(6) was repealed by S.I. 1999/1820.

353

1993 c. 39. Section 23(2) was amended by S.I. 1996/3095, article 2 and S.I. 1999/1563, article 2(1) and (6). There are other amending instruments but none is relevant.

360

1991 c. 48. Section 3(6) was amended by the Child Support, Pensions and Social Security Act (c. 19), section 1(2)(a).

364

S.I. 1975/556. Regulation 9D was inserted by S.I.2001/573, regulation 2.

371

1972 c. 70. Subsection (1) was substituted by the Local Government and Housing Act 1989 (c. 42), section 194 and Schedule 11, paragraph 28(2). Subsection (1) was amended by the School Standards and Framework Act 1998, section 140(1) and (3), Schedule 30, paragraph 3(2) and Schedule 31.

372

1973 c. 65. Subsections 49(1)(b) and (f) were repealed by Schedule 7 of the Local Government (Scotland) Act 1975. Section 49(1A) was inserted by Local Government (Scotland) Act 1975. Section 49(1)(a) was repealed by regulation 2(4) of the Local Governance (Scotland) Act 2004 (Allowances and Expenses) Regulations 2007.

374

Section 126(1) was amended by paragraph 31 of Schedule 1 to the Incapacity Act 1994 (c. 18) and paragraph 31(a) and (b) of Schedule 2 to the Jobseekers Act 1995 (c. 18).

375

Section 124(1) was amended by paragraph 30(2) to (5) of Schedule 2 to the Jobseekers Act 1995 and by section 14 of and paragraphs 1, 2(1) and (2) of Part 1 of Schedule 2 to the State Pension Credit Act 2002 (c. 16).

376

Section 127(b) was amended by paragraph 44 of Schedule 24 to the Civil Partnership Act 2004 (c. 33).

378

1973 c. 50. Section 2 was substituted by section 25(1) of the Employment Act 1988. Subsections (4) and (6) of section 2 were repealed by section 29(4) of and Schedule 7 to the Employment Act 1989. Subsections (3A) and (3B) of section 2, which apply to Scotland only, inserted by the Trade Union Reform and Employment Rights Act 1993.

379

1990 c. 35. Section 2 amended by sections 47(4)(a) and (b) and 51 of and Schedule 10 to the Trade Union Reform and Employment Rights Act 1993. Section 2 also amended by articles 1(2) and 4 of and paragraph 100(2) of Schedule 2 to Scotland Act 1998 (Consequential Modifications) Order (No. 2) 1999.

380

1998 c. 14. Section 10 was amended by sections 18 and 26(3) of and by paragraph 23 of Schedule 7 to and by Schedule 10 to the Transfer of Functions Act 1999.

381

Section 16 was amended by paragraph 139(1) and (2) of Schedule 7 to the Social Security Act 1998 (c. 14).

387

2003 asp. 13.

389

Cmnd. 9171.

390

Cmnd. 3906.

392

Part 12ZB was inserted by section 4 of the Employment Act 2002 (c. 22) and amended by the Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), regulation 49(1) and paragraph 12 of Schedule 8.

395

Sections 34 and 70 were amended by the Employment Rights (Dispute Resolution) Act 1998 (c. 8), section 1(2)(a) and (b) and section 64 was amended by S.I. 1999/3232, regulation 41(1) and paragraph 2 of Schedule 9.

396

Section 112(3) was amended by the Employment Rights Act 1996, paragraph 51(4)(a) to (c) of Schedule 1.

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