LegalizeThe Employment and Support Allowance Regulations 2008
| (1) | (1) | (2) | (2) | |
|---|---|---|---|---|
| Person or Couple | Person or Couple | Amount | Amount | |
| (1)Single claimant— | (1)Single claimant— | (1) | (1) | |
| (a) | who satisfies the conditions set out in section 2(2) or 4(4) of the Act or who is a member of the work-related activity group; | (a) | £74.70; | |
| (b) | aged not less than 25; | (b) | £74.70; | |
| (c) | aged less than 25. | (c) | £59.20; | |
| (2)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— | (2)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— | (2) | (2) | |
| (a) | who satisfies the conditions set out in section 4(4) of the Act or who is a member of the work-related activity group and satisfies the conditions set out in Part 2 of Schedule 1 to the Act; | (a) | £74.70; | |
| (b) | aged not less than 18; | (b) | £74.70; | |
| (c) | aged less than 18. | (c) | £59.20; | |
| (3)Couple— | (3)Couple— | (3) | (3) | |
| (a) | where both members are aged not less than 18; | (a) | £117.40; | |
| (b) | where one member is aged not less than 18 and the other member is a person under 18 who— | (b) | £117.40; | |
| (i) | if that other member had not been a member of a couple, would satisfy the requirements for entitlement to income support other than the requirement to make a claim for it; or | |||
| (ii) | if that other member had not been a member of a couple, would satisfy the requirements for entitlement to an income-related allowance; or | |||
| (iii) | satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); or | |||
| (iv) | is the subject of a direction under section 16 of that Act (persons under 18: severe hardship); | |||
| (c) | where the claimant satisfies the conditions set out in section 4(4) of the Act or the claimant is a member of the work-related activity group and satisfies the conditions set out in Part 2 of Schedule 1 to the Act and both members are aged less than 18 and— | (c) | £117.40; | |
| (i) | at least one of them is treated as responsible for a child; or | |||
| (ii) | had they not been members of a couple, each would have qualified for an income-related allowance; or | |||
| (iii) | had they not been members of a couple the claimant’s partner would satisfy the requirements for entitlement to income support other than the requirement to make a claim for it; or | |||
| (iv) | the claimant’s partner satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); or | |||
| (v) | there is in force in respect of the claimant’s partner a direction under section 16 of that Act (persons under 18: severe hardship); | |||
| (d) | where both members are aged less than 18 and— | (d) | £89.45; | |
| (i) | at least one of them is treated as responsible for a child; or | |||
| (ii) | had they not been members of a couple, each would have qualified for an income-related allowance; or | |||
| (iii) | had they not been members of a couple the claimant’s partner satisfies the requirements for entitlement to income support other than a requirement to make a claim for it; or | |||
| (iv) | the claimant’s partner satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); or | |||
| (v) | there is in force in respect of the claimant’s partner a direction under section 16 of that Act (persons under 18: severe hardship); | |||
| (e) | where the claimant is aged not less than 25 and the claimant’s partner is a person under 18 who— | (e) | £74.70; | |
| (i) | would not qualify for an income-related allowance if the person were not a member of a couple; | |||
| (ii) | would not qualify for income support if the person were not a member of a couple; | |||
| (iii) | does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); and | |||
| (iv) | is not the subject of a direction under section 16 of that Act (persons under 18: severe hardship); | |||
| (f) | where the claimant satisfies the conditions set out in section 4(4) of the Act or the claimant is a member of the work-related activity group and satisfies the conditions set out in Part 2 of Schedule 1 to the Act and the claimant’s partner is a person under 18 who— | (f) | £74.70; | |
| (i) | would not qualify for an income-related allowance if the person were not a member of a couple; | |||
| (ii) | would not qualify for income support if the person were not a member of a couple; | |||
| (iii) | does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); and | |||
| (iv) | is not the subject of a direction under section 16 of that Act (persons under 18: severe hardship); | |||
| (g) | where the claimant satisfies the conditions set out in section 4(4) of the Act or the claimant is a member of the work-related activity group and satisfies the conditions set out in Part 2 of Schedule 1 to the Act and both members are aged less than 18 and paragraph (c) does not apply; | (g) | £74.70; | |
| (h) | where the claimant is aged not less than 18 but less than 25 and the claimant’s partner is a person under 18 who— | (h) | £59.20; | |
| (i) | would not qualify for an income-related allowance if the person were not a member of a couple; | |||
| (ii) | would not qualify for income support if the person were not a member of a couple; | |||
| (iii) | does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); and | |||
| (iv) | is not the subject of a direction under section 16 of that Act (persons under 18: severe hardship); | |||
| (i) | where both members are aged less than 18 and paragraph (d) does not apply. | (i) | £59.20. | |
| (1) | (1) | (1) | (2) | (2) |
| Person or Couple | Person or Couple | Person or Couple | Amount | Amount |
| (1)Single claimant— | (1)Single claimant— | (1)Single claimant— | (1) | (1) |
| (a) | who satisfies the conditions set out in section 2(2) or (3) or 4(4) or (5) of the Act; | who satisfies the conditions set out in section 2(2) or (3) or 4(4) or (5) of the Act; | (a) | £74.70; |
| (b) | aged not less than 25; | aged not less than 25; | (b) | £74.70; |
| (c) | aged less than 25. | aged less than 25. | (c) | £59.20; |
| (2)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— | (2)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— | (2)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— | (2) | (2) |
| (a) | who satisfies the conditions set out in section 4(4) or (5) of the Act; | who satisfies the conditions set out in section 4(4) or (5) of the Act; | (a) | £74.70; |
| (b) | aged not less than 18; | aged not less than 18; | (b) | £74.70; |
| (c) | aged less than 18. | aged less than 18. | (c) | £59.20; |
| (3)Couple— | (3)Couple— | (3)Couple— | (3) | |
| (a) | where both members are aged not less than 18; | where both members are aged not less than 18; | (a) | £117.40; |
| (b) | where one member is aged not less than 18 and the other member is a person under 18 who— | where one member is aged not less than 18 and the other member is a person under 18 who— | (b) | £117.40; |
| (i) | (i) | if that other member had not been a member of a couple, would satisfy the requirements for entitlement to income support other than the requirement to make a claim for it; or | ||
| (ii) | (ii) | if that other member had not been a member of a couple, would satisfy the requirements for entitlement to an income-related allowance; or | ||
| (iii) | (iii) | satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); or | ||
| (iv) | (iv) | is the subject of a direction under section 16 of that Act (persons under 18: severe hardship); | ||
| (c) | where the claimant satisfies the conditions set out in section 4(4) or (5) of the Act and both members are aged less than 18 and— | where the claimant satisfies the conditions set out in section 4(4) or (5) of the Act and both members are aged less than 18 and— | (c) | £117.40; |
| (i) | (i) | at least one of them is treated as responsible for a child; or | ||
| (ii) | (ii) | had they not been members of a couple, each would have qualified for an income-related allowance; or | ||
| (iii) | (iii) | had they not been members of a couple the claimant’s partner would satisfy the requirements for entitlement to income support other than the requirement to make a claim for it; or | ||
| (iv) | (iv) | the claimant’s partner satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); or | ||
| (v) | (v) | there is in force in respect of the claimant’s partner a direction under section 16 of that Act (persons under 18: severe hardship); | ||
| (d) | where both members are aged less than 18 and— | where both members are aged less than 18 and— | (d) | £89.45; |
| (i) | (i) | at least one of them is treated as responsible for a child; or | ||
| (ii) | (ii) | had they not been members of a couple, each would have qualified for an income-related allowance; or | ||
| (iii) | (iii) | had they not been members of a couple the claimant’s partner satisfies the requirements for entitlement to income support other than a requirement to make a claim for it; or | ||
| (iv) | (iv) | the claimant’s partner satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); or | ||
| (v) | (v) | there is in force in respect of the claimant’s partner a direction under section 16 of that Act (persons under 18: severe hardship); | ||
| (e) | where the claimant is aged not less than 25 and the claimant’s partner is a person under 18 who— | where the claimant is aged not less than 25 and the claimant’s partner is a person under 18 who— | (e) | £74.70; |
| (i) | (i) | would not qualify for an income-related allowance if the person were not a member of a couple; | ||
| (ii) | (ii) | would not qualify for income support if the person were not a member of a couple; | ||
| (iii) | (iii) | does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); and | ||
| (iv) | (iv) | is not the subject of a direction under section 16 of that Act (persons under 18: severe hardship); | ||
| (f) | where the claimant satisfies the conditions set out in section 4(4) or (5) of the Act and the claimant’s partner is a person under 18 who— | where the claimant satisfies the conditions set out in section 4(4) or (5) of the Act and the claimant’s partner is a person under 18 who— | (f) | £74.70; |
| (i) | (i) | would not qualify for an income-related allowance if the person were not a member of a couple; | ||
| (ii) | (ii) | would not qualify for income support if the person were not a member of a couple; | ||
| (iii) | (iii) | does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); and | ||
| (iv) | (iv) | is not the subject of a direction under section 16 of that Act (persons under 18: severe hardship); | ||
| (g) | where the claimant satisfies the conditions set out in section 4(4) or (5) of the Act and both members are aged less than 18 and paragraph (c) does not apply; | where the claimant satisfies the conditions set out in section 4(4) or (5) of the Act and both members are aged less than 18 and paragraph (c) does not apply; | (g) | £74.70; |
| (h) | where the claimant is aged not less than 18 but less than 25 and the claimant’s partner is a person under 18 who— | where the claimant is aged not less than 18 but less than 25 and the claimant’s partner is a person under 18 who— | (h) | £58.90; |
| (i) | (i) | would not qualify for an income-related allowance if the person were not a member of a couple; | ||
| (ii) | (ii) | would not qualify for income support if the person were not a member of a couple; | ||
| (iii) | (iii) | does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); and | ||
| (iv) | (iv) | is not the subject of a direction under section 16 of that Act (persons under 18: severe hardship); | ||
| (i) | where both members are aged less than 18 and paragraph (d) does not apply. | where both members are aged less than 18 and paragraph (d) does not apply. | (i) | £59.20. |
2
Except as provided in paragraph 4, the weekly premiums specified in Part 3 of this Schedule are, for the purposes of regulation 67(1)(b) and 68(1)(c), to be applicable to a claimant who satisfies the condition specified in paragraphs 5 to 8 in respect of that premium.
3
An enhanced disability premium in respect of a person is not applicable in addition to a pensioner premium.
4
- (1) For the purposes of this Part of this Schedule, once a premium is applicable to a claimant under this Part, a person is to be treated as being in receipt of any benefit—
- (a) in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations 1979 applies, for any period during which, apart from the provisions of those Regulations, the person would be in receipt of that benefit; ...
- (b) for any period spent by a person in undertaking a course of training or instruction provided or approved by the Secretary of State under section 2 of the Employment and Training Act 1973, or by Skills Development Scotland, Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990 , or for any period during which the person is in receipt of a training allowance and
- (c) in the case of carer support payment, for any period during which, apart from regulation 16 of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023, the person would be in receipt of that benefit.
- (2) For the purposes of the carer premium under paragraph 8, a claimant is to be treated as being in receipt of a carer’s allowance by virtue of sub-paragraph (1)(a) or carer support payment by virtue of sub-paragraph (1)(c) only if and for so long as the person in respect of whose care the allowance or payment has been claimed remains in receipt of—
- (a) attendance allowance;
- (aa) pension age disability payment;
- (b) the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act; ...
- (ba) the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;
- (c) the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act; ...
- (ca) the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022; or
- (d) armed forces independence payment.
| 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), | |||||||||||||||||
| 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
[^c1918823]: Section 3(3) is cited for the power to prescribe a payment under paragraph (b) of the definition of “pension payment”.
[^c1918824]: Section 22 is cited insofar as it relates to paragraphs 1 to 3, 6, 7, 8(1), 9 and 10 of Schedule 2.
[^c1918825]: Section 24(1) is cited for the definition of “employment” and “employed”, “period of limited capability for work”, “prescribed”, “regulations” and “week”.
[^c1918826]: Paragraph 6(5) of Schedule 1 is cited for the definition of “couple”, “education” and “remunerative work”.
[^c1918827]: 2007 c. 5.
[^c1918828]: 1992 c. 5.
[^c1918829]: 1998 c. 14.
[^c1918831]: 2007 c. 5.
[^c1918832]: 1996 c. 18. Sections 75A and 75B were inserted by section 3 of the Employment Act 2002 (c. 22).
[^c1918833]: 2004 c. 32.
[^c1918834]: 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.
[^c1918835]: 2000 c. 14.
[^c1918837]: 1992 c. 37.
[^c1918838]: 1992 c. 4. Section 171(1) was amended by the Still-Birth (Definition) Act 1992 (c. 29), sections 2(1) and 4(2).
[^c1918839]: 1994 c. 39.
[^c1918840]: 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.
[^c1918841]: 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).
[^c1918842]: 2004 asp. 9.
[^c1918843]: 1999 c. 30.
[^c1918844]: S.I. 2005/439.
[^c1918845]: 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).
[^c1918846]: 2006 c. 41.
[^c1918847]: 2006 c. 42.
[^c1918848]: 1985 c. 69.
[^c1918849]: S.I. 2006/213.
[^c1918850]: 1999 c. 33.
[^c1918851]: S.I. 1987/1967.
[^c1918853]: S.I. 1996/1207.
[^c1918854]: S.I. 1976/615.
[^c1918855]: S.I. 2006/606.
[^c1918856]: S.I. 1983/686.
[^c1918857]: 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.
[^c1918858]: 2005 c. 26.
[^c1918859]: 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).
[^c1918860]: 1988 c. 1. Sections 620, 621 and 622 were repealed by the Finance Act 2004 (c. 12), section 326 and Schedule 42, Part 3.
[^c1918861]: 2004 c. 12.
[^c1918869]: 1955 c. 18.
[^c1918870]: 1955 c. 19.
[^c1918871]: 1957 c. 53.
[^c1918872]: 1958 c. 40.
[^c1918873]: 1968 c. 49.
[^c1918874]: 1969 c. 46.
[^c1918875]: 1969 c. 54.
[^c1918876]: 1973 c. 18.
[^c1918877]: 1978 c. 22.
[^c1918879]: 1986 c. 55.
[^c1918880]: 1989 c. 41.
[^c1918881]: 2002 c. 38.
[^c1918882]: 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.
[^c1918883]: 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.
[^c1918884]: 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.
[^c1918886]: 2002 c. 21.
[^c1918887]: 2003 c. 1.
[^c1918888]: 1991 c. 56.
[^c1918889]: 1994 c. 39.
[^c1918890]: 1971 c. 80.
[^c1918891]: 2000 c. 35.
[^c1918892]: 1991 c. 48. Section 3(6) was amended by the Child Support, Pensions and Social Security Act (c. 19), section 1(2)(a).
[^c1918893]: 2000 c. 19.
[^c1918895]: S.I. 1999/991.
[^c1918896]: S.I. 2002/2005.
[^c1918897]: S.I. 1975/556. Regulation 9D was inserted by S.I.2001/573, regulation 2.
[^c1918898]: 1971 c. 77.
[^c1918899]: S.I. 2007/176.
[^c1918900]: S.S.I. 2007/154.
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