| Column (1) |
Column (2) |
Person other than claimant who is a patient
1.[106] Subject to paragraphs 2, 15 and 17, a person who has been a patient for more than six weeks and who is -
(a) a member of a couple and the other member is the claimant, or |
1. (a) the applicable amount for a couple under regulation 83 reduced by £12.95; |
(b) a member of a polygamous marriage and the claimant is a member of the marriage but not a patient. |
(b) the applicable amount under regulation 84 (polygamous marriages) reduced by £12.95 in respect of each member who is a patient. |
| 2. (a) A claimant who is not a patient and who is a member of a family of which another member is a child or young person who has been a patient for a period of more than 12 weeks; or |
2. (a) The amount applicable to him under regulation 83 or 84 except that the amount applicable under regulation 83(b) or 84(1)(c) in respect of the child or young person referred to in Column (1) of this paragraph shall be £12.95 instead of an amount determined in accordance with paragraph 2 of Schedule 1; or |
(b) where the person is a member of a family and paragraph 1 applies to him and another member of the family who is a child or young person has been a patient for a period of more than 12 weeks. |
(b) the amount applicable to him under paragraph 1 except that the amount applicable under regulation 83(b) or 84(1)(c) in respect of the child or young person referred to in Column (1) of this paragraph shall be £12.95 instead of an amount determined in accordance with paragraph 2 of Schedule 1. |
Single claimants temporarily in local authority accommodation
7. A single claimant who is temporarily in accommodation provided by a local authority of a kind specified in the definition of residential accommodation in regulation 85 (special cases). |
7.[107] £64.70 of which £14.45 is for personal expenses plus any amounts applicable under regulation 83(f) and 87(2) and (3). |
Couples and members of polygamous marriages where one member is or all are temporarily in local authority accommodation
8. - (1) A claimant who is a member of a couple and temporarily separated from his partner where one of them is living in the home while the other is in accommodation provided by a local authority of a kind specified in the definition of residential accommodation in regulation 85 (special cases). |
8 - (1)[108] The aggregate of the amount applicable for the member who remains in the home calculated as if he were a single claimant under regulation 83, 85 or 86 and in respect of the other member £64.70 of which £14.45 is for personal expenses. |
| (2) A claimant who is a member of a polygamous marriage and who is temporarily separated from a partner of his where one is, or some are, living in the home while one is, or some are, in accommodation referred to in sub-paragraph (1). |
(2) The aggregate of the amount applicable, for the members of the polygamous marriage who remain in the home, under regulation 84 and in respect of each member not in the home £64.70 of which £14.45 is for personal expenses. |
| (3) A claimant who is a member of a couple or a member of a polygamous marriage where both members of that couple or all the members of that marriage are in accommodation referred to in sub-paragraph (1). |
(3) For each member of that couple or marriage £64.70 of which £14.45 is for personal expenses plus, if appropriate, the amount applicable under regulation 83(f), 84(1)(g) and 87(2) and (3). |
Lone parents who are in residential accommodation temporarily
9. A claimant who is a lone parent who has entered residential accommodation temporarily. |
9.[109] £64.70 of which £14.45 is for personal expenses, plus -
(a) in respect of each child or young person who is a member of his family, the amount in respect of him prescribed in paragraph 2(a), (b), (c) or (d) of Schedule 1 or under this Schedule as appropriate; and
(b) any amount which would be applicable to the claimant if he were not temporarily living away from the dwelling occupied as his home, under regulation 83(d) or (f) or under regulation 87(2) or (3). |
Persons in residential accommodation
15. - (1)[110] Subject to sub-paragraph (2), a person in or only temporarily absent from residential accommodation who is - |
15. ‐
(1) Any amount applicable under regulation 87(2) and (3), plus‐ |
|
(a) £64.70 of which £14.45 is for personal expenses; |
|
(b) the amount specified in sub-paragraph (a) of this column; |
|
(c) twice the amount specified in sub-paragraph (a) of this column; |
(d) a child or young person; |
(d) the appropriate amount in respect of him prescribed in paragraph 2 of Schedule 1 (applicable amounts); |
(e) a member of a polygamous marriage. |
(e) the amount specified in sub-paragraph (a) of this column multiplied by the number of members of the polygamous marriage in or only temporarily absent from that accommodation. |
| (2) A single claimant who has become a patient and whose residential accommodation was provided by and managed by a local authority. |
(2) Any amount applicable under regulation 87(2) and (3), plus £14.45. |
Persons in residential care or nursing homes who become patients
17. (a)[111] A claimant to whom regulation 86 (persons in residential care or nursing homes) applies immediately before he or a member of his family became a patient where -
(a) he has been a patient for not more than 2 weeks or any member of his family has been a patient for not more than six weeks and the claimant -
(i) continues to be liable to meet the weekly charge for the accommodation without reduction in respect of himself or that member of his family who is a patient; |
17. (a)
(i) the amount which would be applicable under regulation 86 as if the claimant or the member of the family who is a patient were resident in the accommodation to which regulation 86 applies; |
(ii) continues to be liable to meet the weekly charge for the accommodation but at a reduced rate;
|
(ii) the amount which would be applicable under regulation 86 having taken into account the reduced charge, as if the claimant or the member of the family who is a patient were resident in the accommodation to which regulation 86 applies;
|
(iii) is a single claimant who has been a patient for not more than 2 weeks and is likely to return to the accommodation, but has ceased to be liable to meet the weekly charge for that accommodation; or
|
(iii) the amount applicable to him (if any) under paragraph 2(2) of Schedule 4 (meal allowances) plus the amount in respect of him as an allowance for personal expenses under paragraph 11 of Schedule 4 as if he were residing in the accommodation to which regulation 86 applies plus any amount applicable under regulation 87(3);
|
(iv) is a single claimant who has been a patient for not more than 2 weeks and who ceases to be liable to meet the weekly charge for the accommodation, and who is unlikely to return to the accommodation;
|
(iv) the amount which would be applicable to him under regulation 83;
|
(b) the claimant is one of a couple or polygamous marriage and either -
(i) the claimant is not a patient and the other member of the couple or one or more members of the marriage has been a patient for a period of more than 6 weeks; or |
(b) where -
(i) the members of the family not patients remain in the accommodation, the amount applicable to the family as if regulation 86 having taken into account any reduction in charge, continued to apply to all the members of the family except that in respect of the member of the couple or polygamous marriage who has been a patient for more than six weeks no amount shall be applicable in respect of him under paragraph 2(2) of Schedule 4 and for the amount in respect of the allowance for personal expenses prescribed by paragraph 11 of Schedule 4 there shall be substituted the amount of £16.20; |
(ii) the claimant is a patient but has not been a patient for more than 2 weeks and the other member of the couple or one or more members of the marriage has been a patient for more than 6 weeks;
|
(ii) one or more children or young persons are also patients and have been so for more than 12 weeks, in respect of those children and young persons and the member of the couple or polygamous marriage remaining in the accommodation the amount specified in column (2) of sub-paragraph (b)(i) save that the child or young person who has been a patient for more than 12 weeks shall be disregarded as a member of the family in assessing the amount applicable under regulation 86 and in respect of each such child or young person there shall be added the amount of £12.95;
|
(c) a child or young person who has been a patient for a period of more than 12 weeks. |
(c) the amount applicable under regulation 85 as if the child or young person was not a member of the family plus an amount of £12.95 in respect of that child or young person. |
| Provision in Jobseeker's Allowance Regulations |
Specified Sum |
| Regulation 145(1)[112] |
Weekly applicable amount to be reduced by a sum equivalent to 40 per cent. or, as the case may be, 20 per cent. of the specified amount. |
| Regulation 148(1)(a)(i) |
90 per cent. of the amount applicable or, as the case may be, of the reduced applicable amount. |
| Regulation 148(1)(b)(i) |
90 per cent. of the amount of the allowance for personal expenses or, as the case may be, of the reduced amount. |
| Regulation 148(1)(c)(i) |
98 per cent. of the applicable amount for persons in residential accommodation. |
| Regulation 148(1)(d) |
90 per cent. of the applicable amount. |
| Schedule 2, paragraph 5(3) |
The relevant fraction of the applicable amount is the amount calculated by the formula
|
| Schedule 2, paragraph 6(1)(b) |
Half the amount which would fall to be met by applying the provisions of sub-paragraph (a). |
| Schedule 2, paragraph 6(1)(c) |
Nil. |
| Schedule 2, paragraph 7(1)(b) |
Nil. |
| Schedule 2, paragraph 9(1) |
The weekly amount of housing costs is the amount calculated by the formula
|
| Schedule 2, paragraph 10(4) |
£100,000. |
| Schedule 2, paragraph 10(6)(a) |
The alternative appropriate amount shall be calculated using the formula
P × Q |
| Schedule 2, paragraph 10(10) |
The qualifying portion of a loan shall be determined by the formula
|
| Schedule 2, paragraph 11(2) and (3)[113] |
5. per cent. |
EXPLANATORY NOTE
(This note is not part of the Order)
This Order is made as a consequence of a review under section 150 of the Social Security Administration Act 1992 ("the Administration Act") and includes details of the sums mentioned in that section.
Part I of the Order relates to the citation, commencement and interpretation.
Part II of the Order relates to non-income related benefits other than jobseeker's allowance.
Article 3 and Schedule 1 alter the benefits and increases of benefits (except over 80 age addition) specified in Parts I, III, IV and V of Schedule 4 to the Social Security Contributions and Benefits Act 1992 ("the Contributions and Benefits Act").
Article 4 increases the rates and amounts of certain pensions and allowances under the Contributions and Benefits Act.
Article 5 increases the sums payable as part of a Category A or Category B retirement pension under sections 15(1) and 17(2) and (3) of the Pension Schemes Act 1993 ("the Pension Schemes Act") on account of increases in guaranteed minimum pensions.
Article 6 specifies the dates from which the sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act are altered.
Article 7 increases the rates of certain workmen's compensation and industrial injuries benefits in respect of employment before 5th July 1948.
Article 8 specifies earnings limits for child dependency increases.
Article 9 increases the weekly rate of statutory sick pay.
Article 10 increases the lower rate of statutory maternity pay.
Article 11 increases the rate of graduated retirement benefit.
Article 12 increases the rates of disability living allowance.
Article 13 increases the weekly rates of child benefit, except the rate payable in respect of an only, elder or eldest child of a lone parent.
Article 14 increases the weekly rates of age addition to long-term incapacity benefit.
Article 15 increases the weekly rates of transitional invalidity allowance in long-term incapacity benefit cases.
Part III of the Order relates to family credit, disability working allowance, income support, housing benefit and council tax benefit.
Article 16 and Schedule 2 specify the applicable amount for family credit and the amount of the credits for an adult, child or young person which determines a family's maximum family credit.
Article 17 and Schedule 3 specify the applicable amount for disability working allowance and the amount of allowance for an adult, child or young person which determines the appropriate maximum disability working allowance.
Article 18 states the sums relevant to the applicable amount for the purposes of income support. Article 18(3) and Schedule 4 set out the personal allowances; article 18(4) and (5) and Schedule 5 set out the premiums; article 18(7) and Schedule 6 set out the amounts relevant to beneficiaries in residential care and nursing homes; article 18(8) and Schedule 7 set out the amounts relevant to special cases; and article 18(9) and Schedule 8 set out other miscellaneous amounts.
Article 19 provides for the percentage increase of sums payable by way of special transitional additions to income support.
Article 20 states the sum by which any income support of a person involved in a trade dispute is reduced.
Article 21 states the sums relevant to the applicable amount for the purposes of housing benefit. Article 21(6) and Schedule 9 set out the personal allowances and article 21(8) and (9) and Schedule 10 set out the premiums.
Article 22 states the sums relevant to the applicable amount for the purposes of council tax benefit. Article 22(5) and Schedule 11 set out the personal allowances and article 22(6) and (7) and Schedule 12 set out the premiums.
Part IV of the Order relates to jobseeker's allowance.
Article 23 increases the age-related amounts of contribution-based jobseeker's allowance.
Article 24 states the sums relevant to the applicable amount for the purposes of income-based jobseeker's allowance. Article 24(3) and Schedule 13 set out the personal allowances; article 24(4) and (5) and Schedule 14 set out the premiums; article 24(7) and Schedule 15 set out the amounts relevant to beneficiaries in residential care and nursing homes; article 24(8) and Schedule 16 set out the amounts relevant to special cases; and article 24(9) and Schedule 17 set out other miscellaneous amounts.
Article 25 states the sum by which any jobseeker's allowance of a person involved in a trade dispute is reduced.
Part V of the Order relates to transitional provisions and revocation.
Article 26 contains transitional provisions relating to family credit and disability working allowance.
Article 27 revokes the previous Order (the Social Security Benefits Up-rating Order 1997, S.I. 1997/543).
In accordance with section 150(8) of the Administration Act, a copy of the report of the Government Actuary (Cm. 3860) giving his opinion on the likely effect on the National Insurance Fund of the making of this Order was laid before Parliament with the draft Order.
An assessment of the cost to business of applying the statutory sick pay and statutory maternity pay provisions of this Order has been placed in the library of both Houses of Parliament. Copies can be obtained by post from the Department of Social Security, IMB3, 6th Floor, Adelphi, 1-11 John Adam Street, London WC2N 6HT.
Notes
[106]
Relevant amending instrument is S.I. 1996/1516.back
[107]
Relevant amending instrument is S.I. 1996/2538.back
[108]
Relevant amending instrument is S.I. 1996/1516.back
[109]
Relevant amending instrument is S.I. 1996/1803.back
[110]
Relevant amending instrument is S.I. 1996/1516.back
[111]
Relevant amending instruments are S.I. 1996/1516 and 1517.back
[112]
Relevant amending instrument is S.I. 1996/1516.back
[113]
Relevant amending instrument is S.I. 1996/1517.back
ISBN
0 11 065599 0
