The Income Support (General) Regulations 1987

• “college of further education" means a college of further education within the meaning of Part I of the Further and Higher Education (Scotland) Act 1992;

• “contribution” means— any contribution in respect of the income of a student or any person which the Secretary of State, the Scottish Ministers or an education authority takes into account in ascertaining the amount of a student's grant or student loan; orany sums, which in determining the amount of a student's allowance or bursary in Scotland under the Education (Scotland) Act 1980, the Scottish Ministers or education authority takes into account being sums which the Scottish Ministers or education authority consider that it is reasonable for the following persons to contribute towards the holder's expenses—the holder of the allowance or bursary;the holder's parents;the holder's parent's spouse, civil partner or a person ordinarily living with the holder's parent as if he or she were the spouse or civil partner of that parent; orthe holder's spouse or civil partner;

• “course of advanced education" means— a course leading to a postgraduate degree or comparable qualification, a first degree or comparable qualification, a diploma of higher education or a higher national diploma; orany other course which is of a standard above advanced GNVQ or equivalent, including a course which is of a standard above a general certificate of education (advanced level), a Scottish national qualification (higher or advanced higher);

• “covenant income” means the income ... payable to a student under a Deed of Covenant by a person whose income is, or is likely to be, taken into account in assessing the student's grant or award;

• “education authority” means a government department, a local authority as defined in section 579 of the Education Act 1996 (interpretation), a local education authority as defined in section 123 of the Local Government (Scotland) Act 1973, an education and library board established under Article 3 of the Education and Libraries (Northern Ireland) Order 1986, any body which is a research council for the purposes of the Science and Technology Act 1965 or any analogous government department, authority, board or body, of the Channel Islands, Isle of Man or any other country outside Great Britain.

• ...

• “full-time course of advanced education" means a course of advanced education which is...— ... a full-time course of study which is not funded in whole or in part by the Secretary of State under section 14 of the Education Act 2002 or under section 100 of the Apprenticeships, Skills, Children and Learning Act 2009 or by the Welsh Ministers or a full-time course of study which is not funded in whole or in part by the Scottish Ministers at a college of further education or a full-time course of study which is a course of higher education and is funded in whole or in part by the Scottish Ministers; a course of study which is funded in whole or in part by the Secretary of State under section 14 of the Education Act 2002 or under section 100 of the Apprenticeships, Skills, Children and Learning Act 2009 or by the Welsh Ministers if it involves more than 16 guided learning hours per week for the student in question, according to the number of guided learning hours per week for that student set out— in the case of a course funded by the Secretary of State ..., in the student’s learning agreement signed on behalf of the establishment which is funded by the Secretary of State for the delivery of that course; or in the case of a course funded by the Welsh Ministers, in a document signed on behalf of the establishment which is funded by that Council for the delivery of that course; or... a course of study (not being higher education) which is funded in whole or in part by the Scottish Ministers at a college of further education if it involves—more than 16 hours per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff according to the number of hours set out in a document signed on behalf of the college; or16 hours or less per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff and it involves additional hours using structured learning packages supported by the teaching staff where the combined total of hours exceeds 21 per week, according to the number of hours set out in a document signed on behalf of the college;

• “full-time course of study" means a full-time course of study which— is not funded in whole or in part by the Secretary of State under section 14 of the Education Act 2002 or under section 100 of the Apprenticeships, Skills, Children and Learning Act 2009 or by the Welsh Ministers or a full-time course of study which is not funded in whole or in part by the Scottish Ministers at a college of further education or a full-time course of study which is a course of higher education and is funded in whole or in part by the Scottish Ministers; a course of study which is funded in whole or in part by the Secretary of State under section 14 of the Education Act 2002 or under section 100 of the Apprenticeships, Skills, Children and Learning Act 2009 or by the Welsh Ministers if it involves more than 16 guided learning hours per week for the student in question, according to the number of guided learning hours per week for that student set out— in the case of a course funded by the Secretary of State ..., in the student’s learning agreement signed on behalf of the establishment which is funded by the Secretary of State for the delivery of that course; or in the case of a course funded by the Welsh Ministers, in a document signed on behalf of the establishment which is funded by that Council for the delivery of that course; oris not higher education and is funded in whole or in part by the Scottish Ministers at a college of further education if it involves—more than 16 hours per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff according to the number of hours set out in a document signed on behalf of the college; or16 hours or less per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff and it involves additional hours using structured learning packages supported by the teaching staff where the combined total of hours exceeds 21 per week, according to the number of hours set out in a document signed on behalf of the college;

• “full-time student" means a person who is not a qualifying young person or child within the meaning of section 142 of the Contributions and Benefits Act (child and qualifying young person) and who is— aged less than 19 and is attending or undertaking a full-time course of advanced education;aged 19 or over but under pensionable age and is attending or undertaking a full-time course of study at an educational establishment; oron a sandwich course;

• “grant" (except in the definition of “access funds") means any kind of educational grant or award and includes any scholarship, studentship, exhibition, allowance or bursary but does not include a payment from access funds or any payment to which paragraph 11 of Schedule 9 or paragraph 63 of Schedule 10 applies;

• “grant income” means—any income by way of a grant;in the case of a student other than one to whom sub-paragraph (c) refers, any contribution which has been assessed whether or not it has been paid;in the case of a student to whom paragraph 1, 2, ... 11 , ... or 15A of Schedule 1B applies (lone parent, disabled student or persons in education), any contribution which has been assessed and which has been paid;and any such contribution which is paid by way of a covenant shall be treated as part of the student's grant income.

• “higher education" means higher education within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992;

• “last day of the course” means the date on which the last day of the final academic term falls in respect of the course in which the student is enrolled;

• “period of study” means—in the case of a course of study for one year or less, the period beginning with the start of the course and ending with the last day of the course;in the case of a course of study for more than one year, in the first or, as the case may be, any subsequent year of the course, other than the final year of the course, the period beginning with the start of the course or, as the case may be, that year's start and ending with either— the day before the start of the next year of the course in a case where the student’s grant or loan is assessed at a rate appropriate to his studying throughout the year or, if he does not have a grant or loan, where a loan would have been assessed at such a rate had he had one; or in any other case the day before the start of the normal summer vacation appropriate to his course; in the final year of a course of study of more than one year, the period beginning with that year’s start and ending with the last day of the course;

• “periods of experience” means periods of work experience which form part of a sandwich course;

• “postgraduate loan” means a loan to a student undertaking a postgraduate master’s degree course or a postgraduate doctoral degree course pursuant to regulations made under section 22 of the Teaching and Higher Education Act 1998;

• “sandwich course” has the meaning prescribed in regulation 2(9) of the Education (Student Support) Regulations 2008, regulation 4(2) of the Education (Student Loans) (Scotland) Regulations 2007, regulation 2(8) of the Education (Student Support) Regulations (Northern Ireland) 2007;

• “standard maintenance grant" means— except where paragraph (b) or (c) applies, in the case of a student attending or undertaking a course of study at the University of London or an establishment within the area comprising the City of London and the Metropolitan Police District, the amount specified for the time being in paragraph 2(2)(a) of Schedule 2 to the Education (Mandatory Awards) Regulations 1995 (“the 1995 Regulations") for such a student;except where paragraph (c) applies, in the case of a student residing at his parent’s home, the amount specified in paragraph 3(2) thereof; in the case of a student receiving an allowance or bursary under the Education (Scotland) Act 1980, the amount of money specified as the “standard maintenance allowance” for the relevant year appropriate for the student set out in the Student Support in Scotland Guide issued by the Student Awards Agency for Scotland, or its nearest equivalent in the case of a bursary provided by a college of further education or a local education authority...; in any other case, the amount specified in paragraph 2(2) of Schedule 2 to the 1995 Regulations other than in sub-paragraph (a) or (b) thereof;

• “student" means a person, other than a person in receipt of a training allowance, who is attending or undertaking a course of study at an educational establishment;

• “student loan" means a loan towards a student’s maintenance pursuant to any regulations made under section 22 of the Teaching and Higher Education Act 1998, section 73 of the Education (Scotland) Act 1980 or Article 3 of the Education (Student Support) (Northern Ireland) Order 1998 and shall include, in Scotland, a young student’s bursary paid under regulation 4(1)(c) of the Students’ Allowances (Scotland) Regulations 1999;

• ...

• (2) For the purposes of the definition of “full-time student" in paragraph (1), a person shall be regarded as attending or, as the case may be, undertaking a full-time course of study, a full-time course of advanced education or as being on a sandwich course—

• (a) subject to paragraph (3), in the case of a person attending or undertaking a part of a modular course which would be a full-time course of study for the purposes of this Part, for the period beginning on the day on which that part of the course starts and ending—

• (i) on the last day on which he is registered with the educational establishment as attending or undertaking that part as a full-time course of study; or

• (ii) on such earlier date (if any) as he finally abandons the course or is dismissed from it;

• (b) in any other case, throughout the period beginning on the date on which he starts attending or undertaking the course and ending on the last day of the course or on such earlier date (if any) as he finally abandons it or is dismissed from it.

• (3) For the purpose of sub-paragraph (a) of paragraph (2), the period referred to in that sub-paragraph shall include—

• (a) where a person has failed examinations or has failed to successfully complete a module relating to a period when he was attending or undertaking a part of the course as a full-time course of study, any period in respect of which he attends or undertakes the course for the purpose of retaking those examinations or that module;

• (b) any period of vacation within the period specified in that paragraph or immediately following that period except where the person has registered with the educational establishment to attend or undertake the final module in the course and the vacation immediately follows the last day on which he is required to attend or undertake the course.

• (4) In paragraph (2), “modular course" means a course of study which consists of two or more modules, the successful completion of a specified number of which is required before a person is considered by the educational establishment to have completed the course.

Calculation of grant income

62

• (1) The amount of a student's grant income to be taken into account shall, subject to paragraphs (2) and (2A), be the whole of his grant income.

• (2) There shall be disregarded from the amount of a student's grant income any payment—

• (a) intended to meet tuition fees or examination fees;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) intended to meet additional expenditure incurred by a disabled student in respect of his attendance on a course;

• (d) intended to meet additional expenditure connected with term time residential study away from the student's educational establishment;

• (e) on account of the student maintaining a home at a place other than that at which he resides while attending his course but only to the extent that his rent ... is not met by housing benefit;

• (f) on account of any other person but only if that person is residing outside of the United Kingdom and there is no applicable amount in respect of him;

• (g) intended to meet the cost of books and equipment... ...;

• (h) intended to meet travel expenses incurred as a result of his attendance on the course.

• (i) intended for the maintenance ... of a child dependant.

• (j) intended for the child care costs of a child dependant.

• (k) of higher education bursary for care leavers made under Part III of the Children Act 1989 or Part 6 of the Social Services and Well-being (Wales) Act 2014.

• (2A) Where a student does not have a student loan or a postgraduate ... loan and is not treated as possessing a student loan or a postgraduate ... loan, there shall be excluded from the student’s grant income—

• (a) the sum of £303 per academic year in respect of travel costs; and

• (b) the sum of £390 per academic year towards the costs of books and equipment,

whether or not any such costs are incurred.

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

• (3) Subject to paragraph (3B), a student’s grant income except any amount intended for the maintenance of adult dependants under Part III of Schedule 2 to the Education (Mandatory Awards) Regulations 1999 or intended for an older student under Part IV of that Schedule, shall be apportioned—

• (a) subject to paragraph (4), in a case where it is attributable to the period of study, equally between the weeks in the period beginning with the benefit week, the first day of which coincides with, or immediately follows, the first day of the period of study and ending with the benefit week, the last day of which coincides with, or immediately precedes, the last day of the period of study;

• (b) in any other case, equally between the weeks in the period beginning with the benefit week, the first day of which coincides with, or immediately follows, the first day of the period for which it is payable and ending with the benefit week, the last day of which coincides with, or immediately precedes, the last day of the period for which it is payable.

• (3A) Any grant in respect of dependants an adult dependant paid under section 63(6) of the Health Services and Public Health Act 1968 (grants in respect of the provision of instruction to officers of hospital authorities) and any amount intended for the maintenance of dependants an adult dependant ... under the provisions referred to in paragraph (3) shall be apportioned equally over a period of 52 weeks or, if there are 53 benefit weeks (including part-weeks) in the year, 53.

• (3B) In a case where a student is in receipt of a student loan or where he could have acquired a student loan by taking reasonable steps but had not done so, any amount intended for the maintenance of dependants an adult dependant under provisions other than those referred to in paragraph (3) shall be apportioned over the same period as the student’s loan is apportioned or, as the case may be, would have been apportioned.

• (4) In the case of a student on a sandwich course, any periods of experience within the period of study shall be excluded and the student's grant income shall be apportioned equally between the weeks in the period beginning with the benefit week, the first day of which immediately follows the last day of the period of experience and ending with the benefit week, the last day of which coincides with, or immediately precedes, the last day of the period of study.

Calculation of covenant income where a contribution is assessed

63

• (1) Where a student is in receipt of income by way of a grant during a period of study and a contribution has been assessed, the amount of his covenant income to be taken into account for that period and any summer vacation immediately following shall be the whole amount of his covenant income less, subject to paragraph (3), the amount of the contribution.

• (2) The weekly amount of the student's covenant income shall be determined—

• (a) by dividing the amount of income which falls to be taken into account under paragraph (1) by 52 or, if there are 53 benefit weeks (including part weeks) in the year, 53; and

• (b) by disregarding from the resulting amount, £5.

• (3) For the purposes of paragraph (1), the contribution shall be treated as increased by the amount, if any, by which the amount excluded under regulation 62(2)(h) (calculation of grant income) falls short of the amount for the time being specified in paragraph 7(4)(i) of Schedule 2 to the Education (Mandatory Awards) Regulations 1991 (travel expenditure).

Covenant income where no grant income or no contribution is assessed

64

• (1) Where a student is not in receipt of income by way of a grant the amount of his covenant income shall be calculated as follows—

• (a) any sums intended for any expenditure specified in regulation 62(2)(a) to (f), (calculation of grant income) necessary as a result of his attendance on the course, shall be disregarded;

• (b) any covenant income, up to the amount of the standard maintenance grant, which is not so disregarded, shall be apportioned equally between the weeks of the period of study and there shall be disregarded from the covenant income to be so apportioned the amount which would have been disregarded under regulation 62(2)(g) and (h) and (2A) (calculation of grant income) had the student been in receipt of the standard maintenance grant;

• (c) the balance, if any, shall be divided by 52 or, if there are 53 benefit weeks (including part weeks) in the year, 53 and treated as weekly income of which £5 shall be disregarded.

• (2) Where a student is in receipt of income by way of a grant and no contribution has been assessed, the amount of his covenant income shall be calculated in accordance with sub-paragraphs (a) to (c) of paragraph (1), except that—

• (a) the value of the standard maintenance grant shall be abated by the amount of his grant income less an amount equal to the amount of any sums disregarded under regulation 62(2)(a) to (f); and

• (b) the amount to be disregarded under paragraph (1)(b) shall be abated by an amount equal to the amount of any sums disregarded under regulation 62(2)(g) and (h) and (2A).

Relationship with amounts to be disregarded under Schedule 9

65

No part of a student's covenant income or grant income shall be disregarded under paragraph 15 of Schedule 9 (charitable and voluntary payments) ....

Other amounts to be disregarded

66

• (1) For the purposes of ascertaining income other than grant income, covenant income and loans treated as income in accordance with regulation 66A, any amounts intended for any expenditure specified in regulation 62(2) (calculation of grant income) necessary as a result of his attendance on the course shall be disregarded but only if, and to the extent that, the necessary expenditure exceeds or is likely to exceed the amount of the sums disregarded under regulation 62(2) and (2A), 63(3), 64(1)(a) or (b) and 66A(5) (calculation of grant income, covenant income and treatment of student loans) on like expenditure.

• (2) Where a claim is made in respect of any period in the normal summer vacation and any income is payable under a Deed of Covenant which commences or takes effect after the first day of that vacation, that income shall be disregarded.

Disregard of contribution

67

Where the claimant or his partner is a student and, for the purposes of assessing a contribution to the student’s grant or student loan, the other partner’s income has been taken into account, an amount equal to that contribution shall be disregarded for the purposes of assessing that other partner’s income.

Income treated as capital

68

• (1) Any amount by way of a refund of tax deducted from a student's income shall be treated as capital.

• (2) An amount paid from access funds as a single lump sum shall be treated as capital.

• (3) An amount paid from access funds as a single lump sum which is intended and used for an item other than food, ordinary clothing or footwear ..., household fuel, rent for which housing benefit is payable or any housing costs to the extent that they are met under regulation 17(1)(e) or 18(1)(f) (housing costs) ..., of a single claimant or, as the case may be, of any other member of his familyhis partner, or which is used for an item other than any council tax or water charges for which that claimant or member is liablepartner is liable shall be disregarded as capital but only for a period of 52 weeks from the date of the payment.

• (4) In paragraph (3) “ordinary clothing or footwear” means clothing or footwear for normal daily use, but it does not include—

• (a) school uniforms, or

• (b) clothing or footwear used solely for sporting activities.

Disregard of changes occurring during summer vacation

69

In calculating a student's income there shall be disregarded any change in the standard maintenance grant occurring in the recognised summer vacation appropriate to the student's course, if that vacation does not form part of his period of study, from the date on which the change occurred up to the end of that vacation.

PART VI — URGENT CASES

Urgent cases

70

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

Applicable amounts in urgent cases

71

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

Assessment of income and capital in urgent cases

72

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

SCHEDULE 1 — PERSONS NOT REQUIRED TO BE AVAILABLE FOR EMPLOYMENT

Lone parents

1

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

Single persons looking after foster children

2

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

Persons temporarily looking after another person

3

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

Persons caring for another person

4

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

Persons incapable of work

5

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

Disabled workers

6

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

Disabled students

7

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

Blind persons

8

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

Pregnancy

9

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

Persons in education

10

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

Training allowances

11

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

Open University students

12

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

Persons within 10 years of pensionable age

13

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

Persons aged 60

14

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

Allowances under the Job Release Act 1977

15

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

Refugees

16

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

Persons required to attend court

17

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

Discharged prisoners

18

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

Persons affected by a trade dispute

19

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

Persons from abroad

20

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

Persons in custody

21

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

SCHEDULE 2 — APPLICABLE AMOUNTS

PART I — personal allowances

1

The weekly amounts specified in column (2) below in respect of each person or couple specified in column (1) shall be the weekly amounts specified for the purposes of regulations 17(a) and 18(a) and (b) (applicable amounts and polygamous marriages).

Column (1)	Column (2)
Person or Couple	Amount
1 Single claimant aged—
a less than 18;	1 a £19·40;
b not less than 18 but less than 25;	b £26·05;
c not less than 25. c £33·40.
2 Lone parent aged—
a less than 18;	2 a £19·40;
b not less than 18.	b £33·40.
3 Couple—
a where both members are aged less than 18;	3 a £38·80;
b where at least one member is aged not less than 18.	b £51·45.

2

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

Column (1)	Column (2)
Child or Young Person	Amount
Person aged—
a less than 11;	a £10·75;
b not less than 11 but less than 16;	b £16·10;
c not less than 16 but less than 18;	c £19·40;
d not less than 18.	d £26·05.

PART II — family premium

3

The weekly amount for the purposes of regulations 17(c) and 18(d) in respect of a family of which at least one member is a child or young person shall be £6·15.

PART III — premiums

4

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

5

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

6

• (1) The severe disability premium to which paragraph 13 applies may be applicable in addition to either the higher pensioner premium to which paragraph 10 applies or the disability premium to which paragraph 11 applies.

• (2) The disabled child premium to which paragraph 14 applies may be applicable in addition to any other premium which may apply under this Schedule.

7

• (1) Subject to sub-paragraph (2) for the purposes of this Part of this Schedule, once a premium is applicable to claimant under this Part, a person shall 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, he 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 he 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, he would be in receipt of that benefit.

• (2) For the purposes of the carer premium under paragraph 14ZA, a person shall be treated as being in receipt of 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 attendance allowance , pension age disability payment , ... the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act , 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 , the care component of child disability payment at the highest or middle rate prescribed in accordance with the regulation 11(5) of the DACYP Regulations or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act , 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 armed forces independence payment.

Lone Parent Premium

8

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

Pensioner Premium

9

The condition is that the claimant has a partner aged not less than the qualifying age for state pension credit but less than 75.

Higher Pensioner Premium

10

• (1) Subject to sub-paragraph (6), the condition is that—

• (a) the claimant’s partner is aged not less than 80; or

• (b) the claimant’s partner is aged less than 80 but not less than the qualifying age for state pension credit and either—

• (i) the additional condition specified in paragraph 12(1)(a), (c) (d) , (e) or (f) is satisfied; or

• (ii) the claimant was entitled to, or was treated as being in receipt of, income support and—

• (aa) the disability premium was or, as the case may be, would have been, applicable to him in respect of a benefit week within eight weeks of the day his partner attained the qualifying age for state pension credit; and

• (bb) he has, subject to sub-paragraph (3), remained continuously entitled to income support since his partner attained the qualifying age for state pension credit.

• (3) For the purposes of this paragraph and paragraph 12—

• (a) once the higher pensioner premium is applicable to a claimant, if he then ceases, for a period of eight weeks or less, to be entitled to or treated as entitled to income support, he shall, on becoming re-entitled to income support, thereafter be treated as having been continuously entitled thereto;

• (b) in so far as sub-paragraph (1)(b)(ii) is concerned, if a claimant ceases to be entitled to or treated as entitled to income support for a period not exceeding eight weeks which includes the day his partner attained the qualifying age for state pension credit, he shall, on becoming re-entitled to income support, thereafter be treated as having been continuously entitled thereto.

• (4) In the case of a claimant who is a welfare to work beneficiary, references in sub-paragraphs (1)(b)(ii)... and (3)(b) to a period of 8 weeks shall be treated as references to a period of 104 weeks.

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

• (6) The condition is not satisfied if the claimant’s partner to whom sub-paragraph (1) refers is a long-term patient.

Disability Premium

11

• (1) Subject to sub-paragraph (2), the condition is that—

• (a) where the claimant is a single claimant or a lone parent,... the additional condition specified in paragraph 12 is satisfied; or

• (b) where the claimant has a partner, either—

• (i) the claimant satisfies the additional condition specified in paragraph 12(1)(a), (b), (c) , (d) or (f) ; or

• (ii) his partner has not attained the qualifying age for state pension credit and the additional condition specified in paragraph 12(1)(a), (c) (d) , (e) or (f) is satisfied by his partner.

• (2) The condition is not satisfied if—

• (a) the claimant is a single claimant or a lone parent and (in either case) is a long-term patient;

• (b) the claimant is a member of a couple or polygamous marriage and each member of the couple or polygamous marriage is a long-term patient; or

• (c) the claimant is a member of a couple or a polygamous marriage and a member of that couple or polygamous marriage is—

• (i) a long-term patient; and

• (ii) the only member of the couple or polygamous marriage to whom sub-paragraph (1)(b) refers.

Disability Premiums

12

• (1) Subject to sub-paragraph (2) and paragraph 7 the additional condition referred to in paragraphs 10 and 11 is that either—

• (a) the claimant or, as the case may be, his partner—

• (i) is in receipt of one or more of the following benefits: attendance allowance , pension age disability payment, disability living allowance , Scottish adult disability living allowance, armed forces independence payment, personal independence payment, adult disability payment, the disability element or the severe disability element of working tax credit as specified in regulation 20(1)(b) and (f) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002, mobility supplement, long-term incapacity benefit under Part II of the Contributions and Benefits Act or severe disablement allowance under Part III of that Act but, in the case of long-term incapacity benefit or severe disablement allowance only where it is paid in respect of him; or

• (ii) is provided by the Secretary of State with an invalid carriage or other vehicle under section 5(2) of the National Health Service Act 1977 (other services) or, in Scotland, under section 46 of the National Health Service (Scotland) Act 1978 (provision of vehicles) or receives payments by way of grant from the Secretary of State under paragraph 2 of Schedule 2 to that 1977 Act (additional provisions as to vehicles) or, in Scotland, under that section 46; or

• (iii) is certified as severely sight impaired or blind by a consultant ophthalmologist; or

• (b) the claimant—

• (i) is entitled to statutory sick pay or is, or is treated as, incapable of work, in accordance with the provisions of Part XIIA of the Contributions and Benefits Act and the regulations made thereunder (incapacity for work), and

• (ii) has been so entitled or so incapable, or has been treated as so incapable, for a continuous period of not less than—

• (aa) 196 days in the case of a claimant who is terminally ill within the meaning of section 30B(4) of the Contributions and Benefits Act; or

• (bb) subject to paragraph 2A of Schedule 7, 364 days in any other case;

and for these purposes any two or more periods of entitlement or incapacity separated by a break of not more than 56 days shall be treated as one continuous period; or; and

• (c) the claimant’s partner was in receipt of long-term incapacity benefit under Part II of the Contributions and Benefits Act when entitlement to that benefit ceased on account of the payment of a retirement pension under that Act or a state pension under Part 1 of the Pensions Act 2014 and—

• (i) the claimant has since remained continuously entitled to income support;

• (ii) the higher pensioner premium or disability premium has been applicable to the claimant; and

• (iii) the partner is still alive;

• (d) except where paragraph 2A ... of Schedule 7 (patients) applies, the claimant or, as the case may be, his partner was in receipt of attendance allowance , disability living allowance , personal independence payment or adult disability payment —

• (i) but payment of that benefit has been suspended under the Social Security (Attendance Allowance) Regulations 1991 , the Social Security (Disability Living Allowance) Regulations 1991 or regulations made under section 86(1) (hospital in-patients) of the 2012 Act or otherwise abated as a consequence of the claimant or his partner becoming a patient within the meaning of regulation 21(3); and

• (ii) a higher pensioner premium or disability premium has been applicable to the claimant; or

• (e) except where paragraph 2A of Schedule 7 (patients) applies, the claimant or, as the case may be, the claimant’s partner was in receipt of pension age disability payment—

• (i) but no amount is payable in accordance with regulation 20 (effect of admission to hospital on ongoing entitlement to pension age disability payment) of the Disability Assistance for Older People (Scotland) Regulations 2024; and

• (ii) a higher pensioner premium or disability premium has been applicable to the claimant; or

• (f) except where paragraph 2A of Schedule 7 (patients) applies, the claimant or, as the case may be, the claimant’s partner was in receipt of Scottish adult disability living allowance—

• (i) but no amount is payable in accordance with regulation 23 of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance), and

• (ii) a higher pensioner premium or disability premium has been applicable to the claimant.

• (1A) In the case of a claimant who is a welfare to work beneficiary, the reference in sub-paragraph (1)(b) to a period of 56 days shall be treated as a reference to a period of 104 weeks.

• (2) For the purposes of sub-paragraph (1)(a)(iii), a person who has ceased to be certified as severely sight impaired or blind on regaining his eyesight shall nevertheless be treated as severely sight impaired or blind, as the case may be, and as satisfying the additional condition set out in that sub-paragraph for a period of 28 weeks following the date on which he ceased to be so certified.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) For the purpose of sub-paragraph (1)(c) and (d), once the higher pensioner premium is applicable to the claimant by virtue of his satisfying the condition specified in that provision, if he then ceases, for a period of eight weeks or less, to be entitled to income support, he shall on again becoming so entitled to income support, immediately thereafter be treated as satisfying the condition in sub-paragraph (1)(c) and (d).

• (5) For the purposes of sub-paragraph (1)(b), once the disability premium is applicable to a claimant by virtue of his satisfying the additional condition specified in that provision, he shall continue to be treated as satisfying that condition for any period spent by him in undertaking a course of training provided under section 2 of the Employment and Training Act 1973 or for any period during which he is in receipt of a training allowance.

• (6) For the purposes of sub-paragraph (1)(a)(i) and (c), a reference to a person in receipt of long-term incapacity benefit includes a person in receipt of short-term incapacity benefit at a rate equal to the long-term rate by virtue of section 30B(4)(a) of the Contributions and Benefits Act (short-term incapacity benefit for a person who is terminally ill), or who would be or would have been in receipt of short-term incapacity benefit at such a rate but for the fact that the rate of short-term incapacity benefit already payable to him is or was equal to or greater than the long-term rate.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

• (1) The condition is that the claimant is a severely disabled person.

• (2) For the purposes of sub-paragraph (1), a claimant shall be treated as being a severely disabled person if, and only if—

• (a) in the case of a single claimant , a lone parent or a claimant who is treated as having no partner in consequence of sub-paragraph (2A)—

• (i) he is in receipt of attendance allowance , ... the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act , 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 or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act , 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 armed forces independence payment, and

• (ii) subject to sub-paragraph (3), he has no non-dependants aged 18 or over normally residing with him or with whom he is normally residing, and

• (iii) no person is entitled to, and in receipt of, a carer’s allowance under section 70 of the Contributions and Benefits Act or carer support payment or has an award of universal credit which includes the carer element in respect of caring for him;

• (b) in the case of a claimant who has a partner—

• (i) he is in receipt of attendance allowance , pension age disability payment , ... the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act , 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 or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act , 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 armed forces independence payment; and

• (ii) his partner is also in receipt of such an allowance or, if he is a member of a polygamous marriage, all the partners of that marriage are in receipt thereof; and

• (iii) subject to sub-paragraph (3), he has no non-dependants aged 18 or over normally residing with him or with whom he is normally residing,

and, either a person is entitled to, and in receipt of, a carer’s allowance or carer support payment or has an award of universal credit which includes the carer element in respect of caring for only one of the couple or, in the case of a polygamous marriage, for one or more but not all the partners of the marriage or, as the case may be, no person is entitled to, and in receipt of, such an allowance or payment or has such an award of universal credit in respect of caring for either member of the couple or any partner of the polygamous marriage.

• (2A) Where a claimant has a partner who does not satisfy the condition in sub-paragraph (2)(b)(ii), and that partner is severely sight impaired or blind or treated as severely sight impaired or blind within the meaning of paragraph 12(1)(a)(iii) and (2), that partner shall be treated for the purposes of sub-paragraph (2) as if he were not a partner of the claimant.

• (3) For the purposes of sub-paragraph (2)(a)(ii) and (2)(b)(iii) no account shall be taken of—

• (a) a person receiving attendance allowance , pension age disability payment , ... the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act , 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 or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act , 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 armed forces independence payment; or

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) subject to sub-paragraph (4), a person who joins the claimant's household for the first time in order to care for the claimant or his partner and immediately before so joining the claimant or his partner was treated as a severely disabled person; or

• (d) a person who is severely sight impaired or blind or treated as severely sight impaired or blind within the meaning of paragraph 12(1)(a)(iii) and (2).

• (3A) For the purposes of sub-paragraph (2)(b) a person shall be treated...—

• (a) as being in receipt of attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act if he would, but for his being a patient for a period exceeding 28 days, be so in receipt;

• (b) as being entitled to and in receipt of a carer’s allowance or carer support payment or having an award of universal credit which includes the carer element if he would, but for the person for whom he was caring being a patient in hospital for a period exceeding 28 days, be so entitled and in receipt of carer’s allowance or carer support payment or have such an award of universal credit;

• (c) as being in receipt of the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act if he would, but for a suspension of benefit in accordance with regulations under section 86(1) (hospital in-patients) of the 2012 Act, be so in receipt;

• (d) as being in receipt of 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, if they would, but for regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of those Regulations, be so in receipt;

• (e) as being in receipt of pension age disability payment if they would, but for regulation 20 (effect of admission to hospital on ongoing entitlement to pension age disability payment) of the Disability Assistance for Older People (Scotland) Regulations 2024, be so in receipt;

• (f) as being in receipt of 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, if they would, but for regulation 23 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of those Regulations, be so in receipt.

• (3ZA) For the purposes of sub-paragraph (2)(a)(iii) and (2)(b), no account shall be taken of an award of carer’s allowance , carer support payment or universal credit which includes the carer element to the extent that payment of such an award is back-dated for a period before the date on which the award is first paid.

• (4) Sub-paragraph (3)(c) shall apply only for the first 12 weeks following the date on which the person to whom that provision applies first joins the claimant's household.

• (5) In sub-paragraph (2)(a)(iii) and (b), references to a person being in receipt of a carer’s allowance or as having an award of universal credit which includes the carer element shall include references to a person who would have been in receipt of that allowance or had such an award but for the application of a restriction under section 6B or 7 of the Social Security Fraud Act 2001 (loss of benefit provisions).

• (6) For the purposes of this paragraph, a person has an award of universal credit which includes the carer element if the person has an award of universal credit which includes an amount which is the carer element under regulation 29 of the Universal Credit Regulations 2013.

Disabled Child Premium

14

• (1) Subject to sub-paragraph (2), the condition is that where the child or young person for whom the claimant or a partner of his is responsible and who is a member of the claimant’s household is—

• (a) in receipt of disability living allowance or is no longer in receipt of that allowance because he is a patient provided that the child or young person continues to be a member of the family; ...

• (aa) in receipt of child disability payment;

• (b) severely sight impaired or blind or treated as severely sight impaired or blind within the meaning of paragraph 12(1)(a)(iii) and (2); or

• (c) a child or young person in respect of whom section 145A of the Contributions and Benefits Act (entitlement after death of child or qualifying young person) applies for the purposes of entitlement to child benefit but only for the period prescribed under that section, and in respect of whom a disabled child premium was included in the claimant’s applicable amount immediately before the death of that child or young person, or ceased to be included in the claimant’s applicable amount because of that child or young person’s death; or

• (d) a young person who is in receipt of personal independence payment or who would, but for regulations made under section 86(1) (hospital in-patients) of the 2012 Act, be so in receipt provided that the young person continues to be a member of the family; or

• (da) a young person who is in receipt of adult disability payment or who would, but for regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability Assistance for Working Age People (Scotland) Regulations 2022, be so in receipt provided that the young person continues to be a member of the family; or

• (e) in receipt of armed forces independence payment.

• (2) The condition in sub-paragraph (1)(a) , (aa) , (b), (d) , (da) or (e) is not satisfied in respect of a child or young person—

• (a) whose capital, if calculated in accordance with Part 5 of these Regulations in like manner as for the claimant, except as provided in regulation 44(1), would exceed £3,000; or

• (b) who is a long-term patient.

PART IV — Weekly amounts of premiums specified in part III

15

PART V — rounding of fractions

16

Where income support is awarded for a period which is not a complete benefit week and the applicable amount in respect of that period results in an amount which includes a fraction of a penny that fraction shall be treated as a penny.

SCHEDULE 3 — HOUSING COSTS

Eligible Housing Costs

1

• (1) Subject to the following provisions of this Schedule, the housing costs applicable to claimant are those costs—

• (a) which he or, where he is a member of a family, he or any member of that family is, in accordance with paragraph 2, liable to meet in respect of the dwelling occupied as the home which he or any other member of his family is treated as occupying, and

• (b) which qualify under paragraph 17.

• (2) In this Schedule—

“housing costs" means those costs to which sub-paragraph (1) refers;

...

...

...

• (3) For the purposes of this Schedule a disabled person is a person—

• (a) in respect of whom a disability premium, a disabled child premium, a pensioner premium for persons aged 75 or over or a higher pensioner premium is included in his applicable amount or the applicable amount of a person living with him; or

• (b) ... who, had he in fact been entitled to income support, would have had included in his applicable amount a disability premium, a disabled child premium, a pensioner premium for persons aged 75 or over or a higher pensioner premium ; or

• (c) who is disabled or severely disabled for the purposes of section 9(6) (maximum rate) of the Tax Credits Act 2002.

• (d) who–

• (i) is in receipt of an employment and support allowance which includes an amount under section 2(2) ... or 4(4) ... of the Welfare Reform Act (component) or is a member of the work-related activity group ...; or

• (ii) would be entitled to an employment and support allowance..., but for the application of section 1A of that Act (duration of contributory allowance); or

• (e) who is entitled to an award of universal credit and has limited capability for work or limited capability for work and work-related activity as construed in accordance with regulations 39 and 40 of the Universal Credit Regulations 2013.

• (4) For the purposes of sub-paragraph (3), a person shall not cease to be a disabled person on account of his being disqualified for receiving benefit or treated as capable of work by virtue of the operation of section l71E of the Contributions and Benefits Act (incapacity for work, disqualification etc.) or disqualified for receiving employment and support allowance or treated as not having limited capability for work in accordance with regulations made under section 18 of the Welfare Reform Act (disqualification).

Basic condition of entitlement to housing costs

2

• (1) A person is liable to meet housing costs where—

• (a) the liability falls upon him or his partner but not where the liability is to a member of the same household as the person on whom the liability falls;

• (b) because the person liable to meet the housing costs is not meeting them, the claimant as to meet those costs in order to continue to live in the dwelling occupied as the home and it is reasonable in all the circumstances to treat the claimant as liable to meet those costs;

• (c) he in practice shares the housing costs with other members of the household none of whom are close relatives either of the claimant or his partner, and

• (i) one or more of those members is liable to meet those costs, and

• (ii) it is reasonable in the circumstances to treat him as sharing responsibility.

• (2) Where any one or more, but not all, members of the claimant’s family are affected by a trade dispute, the housing costs shall be treated as wholly the responsibility of those members of the family not so affected.

Circumstances in which a person is treated as responsible for housing costs

3

• (1) Subject to the following provisions of this paragraph, a person shall be treated as occupying as his home the dwelling normally occupied as his home by himself or, if he is a member of a family, by himself and his family and he shall not be treated as occupying any other dwelling as his home.

• (2) In determining whether a dwelling is the dwelling normally occupied as the claimant’s home for the purposes of sub-paragraph (1) regard shall be had to any other dwelling occupied by the claimant or by him and his family whether or not that other dwelling is in Great Britain.

• (3) Subject to sub-paragraph (4), where a single claimant or a lone parent is a full-time student or is on a training course and is liable to make payments (including payments of mortgage interest or, in Scotland, payments under heritable securities or, in either case, analogous payments) in respect of either (but not both) the dwelling which he occupies for the purpose of attending his course of study or his training course or, as the case may be, the dwelling which he occupies when not attending his course, he shall be treated as occupying as his home the dwelling in respect of which he is liable to make payments.

• (4) A full-time student shall not be treated as occupying a dwelling as his home for any week of absence from it, other than an absence occasioned by the need to enter hospital for treatment, outside the period of study, if the main purpose of his occupation during the period of study would be to facilitate attendance on his course.

• (5) Where a claimant has been required to move into temporary accommodation by reason of essential repairs being carried out to the dwelling normally occupied as his home and he is liable to make payments (including payments of mortgage interest or, in Scotland, payments under heritable securities or, in either case, analogous payments) in respect of either (but not both) the dwelling normally occupied or the temporary accommodation, he shall be treated as occupying as his home the dwelling in respect of which he is liable to make those payments.

• (6) Where a person is liable to make payments in respect of two (but not more than two) dwellings, he shall be treated as occupying both dwellings as his home only—

• (a) where he has left and remains absent from the former dwelling occupied as the home through fear of violence in that dwelling or by a former member of his family and it reasonable that housing costs should be met in respect of both his former dwelling and his present dwelling occupied as the home; or

• (b) in the case of a couple or a member of a polygamous marriage where a partner is a full-time student or is on a training course and it is unavoidable that he or they should occupy two separate dwellings and reasonable that housing costs should be met in respect of both dwellings; or

• (c) in the case where a person has moved into a new dwelling occupied as the home, except where sub-paragraph (5) applies, for a period not exceeding four benefit weeks from the first day of the benefit week in which the move occurs if his liability to make payments in respect of two dwellings is unavoidable.

• (7) Where—

• (a) a person has moved into a dwelling and was liable to make payments in respect of that dwelling before moving in; and

• (b) he had claimed income support before moving in and either that claim has not yet been determined or it has been determined but an amount has not been included under this Schedule and if the claim has been refused a further claim has been made within four weeks of the date on which the claimant moved into the new dwelling occupied as the home; and

• (c) the delay in moving into the dwelling in respect of which there was liability to make payments before moving in was reasonable and—

• (i) that delay was necessary in order to adapt the dwelling to meet the disablement needs of the claimant or any member of his family; or

• (ii) the move was delayed pending local welfare provision or the outcome of an application under Part 8 of the Contributions and Benefits Act for a social fund payment to meet a need arising out of the move or in connection with setting up the home in the dwelling, and—

• (aa) a member of the claimant’s family is aged five or under,

• (bb) the claimant’s applicable amount includes a premium under paragraph 9, 9A, 10, 11, 13 or 14 of Schedule 2 (applicable amounts), or

• (cc) a child tax credit is paid for a member of the claimant’s family who is disabled or severely disabled for the purposes of section 9(6) (maximum rate) of the Tax Credits Act 2002; or

• (iii) the person became liable to make payments in respect of the dwelling while he was a patient or was in residential accommodation,

he shall be treated as occupying the dwelling as his home for any period not exceeding four weeks immediately prior to the date on which he moved into the dwelling and in respect of which he was liable to make payments.

• (8) This sub-paragraph applies to a person who enters residential accommodation—

• (a) for the purpose of ascertaining whether the accommodation suits his needs; and

• (b) with the intention of returning to the dwelling which he normally occupies as his home should, in the event, the residential accommodation prove not to suit his needs,

and while in the accommodation, the part of the dwelling which he normally occupies as his home is not let, or as the case may be, sub-let to another person.

• (9) A person to whom sub-paragraph (8) applies shall be treated as occupying the dwelling he normally occupies as his home during any period (commencing with the day he enters the accommodation) not exceeding l3 weeks in which the person is resident in the accommodation, but only in so far as the total absence from the dwelling does not exceed 52 weeks.

• (10) A person, other than a person to whom sub-paragraph (11) applies, shall be treated as occupying a dwelling as his home throughout any period of absence not exceeding 13 weeks, if, and only if—

• (a) he intends to return to occupy the dwelling as his home; and

• (b) the part of the dwelling normally occupied by him has not been let or, as the case may be, sub-let to another person; and

• (c) the period of absence is unlikely to exceed 13 weeks.

• (11) This sub-paragraph applies to a person whose absence from the dwelling he normally occupies as his home is temporary and—

• (a) he intends to return to occupy the dwelling as his home; and

• (b) while the part of the dwelling which is normally occupied by him has not been let or, as the case may be, sub-let; and

• (c) he is—

• (i) detained in custody on remand pending trial or, as a condition of bail, required to reside—

• (aa) in a dwelling, other than the dwelling he occupies as his home; or

• (bb) in premises approved under section 13 of the Offender Management Act 2007,

or, detained pending sentence upon conviction, or

• (ii) resident in a hospital or similar institution as a patient, or

• (iii) undergoing or, as the case may be, his partner or his dependent child is undergoing, in the United Kingdom or elsewhere, medical treatment, or medically approved convalescence, in accommodation other than residential accommodation, or

• (iv) following, in the United Kingdom or elsewhere, a training course, or

• (v) undertaking medically approved care of a person residing in the United Kingdom or elsewhere, or

• (vi) undertaking the care of a child whose parent or guardian is temporarily absent from the dwelling normally occupied by that parent or guardian for the purpose of receiving medically approved care or medical treatment, or

• (vii) a person who is, whether in the United Kingdom or elsewhere, receiving medically approved care provided in accommodation other than residential accommodation, or

• (viii) a full-time student to whom sub-paragraph (3) or (6)(b) does not apply, or

• (ix) a person other than a person to whom sub-paragraph (8) applies, who is receiving care provided in residential accommodation; or

• (x) a person to whom sub-paragraph (6)(a) does not apply and who has left the dwelling he occupies as his home through fear of violence in that dwelling, or by a person who was formerly a member of his family; and

• (d) the period of his absence is unlikely to exceed a period of 52 weeks or, in exceptional circumstances, is unlikely substantially to exceed that period.

• (12) A person to whom sub-paragraph (11) applies is to be treated as occupying the dwelling he normally occupies as his home during any period of absence not exceeding 52 weeks beginning with the first day of that absence.

• (13) In this paragraph—

• (a) “medically approved" means certified by a medical practitioner;

• (b) “patient" means a person who is undergoing medical or other treatment as an inpatient in a hospital or similar institution;

• (ba) “period of study” has the meaning given in regulation 61(1) (interpretation);

• (c) “residential accommodation” means accommodation which is a care home, an Abbeyfield Home or an an independent hospital;

• (d) “training course" means such a course of training or instruction provided wholly or partly by or on behalf of or in pursuance of arrangements made with, or approved by or on behalf of, Skills Development Scotland, Scottish Enterprise, Highlands and Islands Enterprise, a government department or the Secretary of State.

Circumstances in which a person is or is not to be treated as occupying a dwelling as his home

4

• (1) No amount may be met under the provisions of this Schedule—

• (a) in respect of housing benefit expenditure; or

• (b) where the claimant is living in care home, an Abbeyfield Home or an independent hospital except where he is living in such a home or hospital during a temporary absence from the dwelling he occupies as his home and in so far as they relate to temporary absences, the provisions of paragraph 3(8) to (12) apply to him during that absence.

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

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

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

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Circumstances in which no amount of housing costs may be met

5

• (1) Where the dwelling occupied as the home is a composite hereditament and—

• (a) before 1st April 1990 for the purposes of section 48(5) of the General Rate Act 1967 (reduction of rates on dwellings), it appeared to a rating authority or it was determined in pursuance of subsection (6) of section 48 of that Act that the hereditament, including the dwelling occupied as the home, was a mixed hereditament and that only a proportion of the rateable value of the hereditament was attributable to use for the purpose of a private dwelling; or

• (b) in Scotland, before 1st April 1989 an assessor acting pursuant to section 45(1) of the Water (Scotland) Act 1980 (provision as to valuation roll) has apportioned the net annual value of the premises including the dwelling occupied as the home between she part occupied as a dwelling and the remainder,

the amounts applicable under this Schedule shall be such proportion of the amounts applicable in respect of the hereditament or premises as a whole as is equal to the proportion of the rateable value of the hereditament attributable to the part of the hereditament used for the purposes of a private tenancy or, in Scotland, the proportion of the net annual value of the premises apportioned to the part occupied as a dwelling house.

• (2) Subject to sub-paragraph (1) and the following provisions of this paragraph, where the dwelling occupied as the home is a composite hereditament, the amount applicable under this Schedule shall be the relevant fraction of the amount which would otherwise be applicable under this Schedule in respect of the dwelling occupied as the home.

• (3) For the purposes of sub-paragraph (2), the relevant fraction shall be obtained in accordance with the formula—

$$AA+B$where— “A" is the current market value of the claimant’s interest in that part of the composite hereditament which is domestic property within the meaning of section 66 of the Act of 1988;“B" is the current market value of the claimant’s interest in that part of the composite hereditament which is not domestic property within that section.$

• (4) In this paragraph—

“composite hereditament" means—

• (a) as respects England and Wales, any hereditament which is shown as a composite hereditament in a local non-domestic rating list;

• (b) as respects Scotland, any lands and heritages entered in the valuation roll which are part residential subjects within the meaning of section 26(1) of the Act of 1987;

“local non-domestic rating list" means a list compiled and maintained under section 41(1) of the Act of 1988;

“local non-domestic rating list” means—

• (a) as respects England, a list compiled and maintained undersection 41(1)of theAct of 1988;

• (b) as respects Wales, a list compiled and maintained undersection 41ZA of theAct of 1988;

“the Act of 1987" means the Abolition of Domestic Rates Etc.(Scotland) Act 1987;

“the Act of 1988" means the Local Government Finance Act 1988.

• (5) Where responsibility for expenditure which relates to housing costs met under this Schedule is shared, the amounts applicable shall be calculated by reference to the appropriate proportion of that expenditure for which the claimant is responsible.

Apportionment of housing costs

6

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

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

7

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

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

8

• (1) Subject to the provisions of this Schedule, the ... housing costs to be met in any particular case are—

• (a) where the claimant has been entitled to income support for a continuous period of 39 weeks or more, an amount—

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ii) equal to any payments which qualify under paragraph 17(1)(a) to (c);

• (b) in any other case, nil.

• (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

Other housing costs

9

• (1) Paragraph 8 shall not apply where—

• (a) the claimant’s partner has attained the qualifying age for state pension credit;

• (b) the housing costs are payments—

• (i) under a co-ownership agreement;

• (ii) under or relating to a tenancy or licence of a Crown tenant; or

• (iii) where the dwelling occupied as the home is a tent, in respect of the tent and the site on which it stands.

• (2) In a case falling within sub-paragraph (1), the housing costs to be met are—

• (a) where head (a) of sub-paragraph (1) applies, an amount—

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ii) equal to the payments which qualify under paragraph 17;

• (b) where head (b) of sub-paragraph (1) applies, an amount equal to the payments which qualify under paragraph 17(1)(d) to (f).

Restriction on meeting housing costs under this Schedule

10

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

Non-dependant deductions

11

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

Rounding of fractions

12

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

SCHEDULE 4

PART I — applicable amounts of persons in residential care and nursing homes

1

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

2

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

3

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

4

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

5

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

Residential care homes

6

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

Nursing homes

7

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

8

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

9

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

10

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

11

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

Circumstances in which the maximum is not to apply

12

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

Personal allowances

13

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

PART II — persons to whom regulation 19 does not apply

14

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

15

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

16

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

17

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

SCHEDULE 5

...

1

• (1) Subject to sub-paragraph (2), the weekly applicable amount of a claimant to whom regulation 20 applies shall be the aggregate of—

• (a) subject to paragraph 3, the weekly charge for the accommodation including all meals and services provided for him or, if he is a member of a family, for him and his family increased where appropriate in accordance with paragraph 2 but, except in a case to which paragraph 10 applies, subject to the maximum determined in accordance with paragraph 5; and

• (b) a weekly amount for personal expenses for him and, if he is a member of a family, for each member of his family, subject to sub-paragraph (3), determined in accordance with paragraph 11; and

• (c) where he is only temporarily in such accommodation any amount applicable under regulation 17(1)(e) or 18(1)(f) (housing costs) in respect of the dwelling normally occupied as the home; and

• (d) any amount determined in accordance with regulation 17(1)(f) or 18(1)(g) (applicable amounts).

• (2) No amount shall be included in respect of any child or young person who is a member of the claimant's family if the capital of that child or young person calculated in accordance with Part V in like manner as for the claimant, except where otherwise provided, would exceed £3,000.

• (3) No amount shall be included for personal expenses for a partner aged less than 18 other than one to whom regulation 13A applies or one who is the subject of a direction under section 20(4A) of the Act.

2

Where the weekly charge for accommodation does not include the provision of all meals, it shall, for the purpose of paragraph 1 (1) (a) be increased in respect of the claimant or, if he is a member of a family, in respect of each member of his family by the following amount—

• (a) if the meals can be purchased within the ... hostel, the amount equal to the actual cost of the meals, calculated on a weekly basis; or

• (b) if the meals cannot be so purchased, the amount calculated on a weekly basis—

• (i) for breakfast, at a daily rate of £1.10;

• (ii) for a midday meal, at a daily rate of £1.55;

• (iii) for an evening meal, at a daily rate of £1.55; except that, if some or all of the meals are normally provided free of charge or at a reduced rate, the amount shall be reduced to take account of the lower charge or reduction.

3

Where any part of the weekly charge for the accommodation is met by housing benefit, an amount equal to the part so met shall be deducted from the amount calculated in accordance with paragraph 1 (1) (a).

4

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

5

Subject to paragraphs 6 and 7, the maximum referred to in paragraph 1(1)(a) shall be—

• (a) in the case of a single claimant £70.00 per week;

• (b) where the claimant is a member of a family, in respect of each member of the family aged under 11, 1½ times the amount specified in paragraph 2(a) of Schedule 2, and in respect of each other member of the family, £70.00 per week.

6

The maximum amount applicable in respect of a member of the family aged under 11 calculated in the manner referred to in paragraph 5 (b) (i) shall be rounded to the nearest multiple of 5p by treating an odd amount of 2.5p or more as 5p and by disregarding an odd amount of less than 2.5p.

7

Except as provided by paragraph 9, the maximum amount specified in paragraph 5 shall be increased by any excess of the actual charge made to the claimant or, if he is a member of a family, made in respect of the family, increased where appropriate in accordance with paragraph 2, up to £17.50 in a case to which paragraph 8 applies or, if the claimant is one of a couple and paragraph 8 (a) or (c) (i) or (ii) applies, up to £35.00.

8

The increase referred to in paragraph 7 shall apply in the case of—

• (a) a claimant who has attained a pensionable age or, if one of a couple or polygamous marriage either member of that couple or any member of that marriage is aged 65 or over;

• (b) a claimant or any other member of the family who is infirm by reason of physical or mental disability;

• (c) a claimant in respect of whom one or more of the following conditions are satisfied:—

• (i) he or his partner is a person suffering from a mental disorder within the meaning of the Mental Health Act 1983 or the Mental Health (Scotland) Act 1984 in respect of whom a local social services authority has, under section 21 of, and paragraph 2 of Schedule 8 to, the National Health Service Act 1977 (prevention, care and after-care), made arrangements for the provision of residential accommodation in a private household or in premises which are not required to be registered under the Registered Homes Act 1984 ;

• (ii) he or his partner is a person who is resident in premises which are used for the rehabilitation of alcoholics or drug addicts and is so resident for the purposes of such rehabilitation.

9

Only one increase under paragraph 7 shall be applicable in respect of the claimant or any member of his family and the amount payable by virtue of that paragraph in respect of a claimant and his partner shall not exceed £35.00 and, if the claimant or any of his family who are ... in a hostel is in receipt of an attendance allowance the increase shall only be payable to the extent that the excess of the actual charge for ... the hostel over the maximum amount is more than the amount of the attendance allowance in payment but only up to the amount specified for the time being as the higher rate of attendance allowance for the purposes of section 35 (3) of the Social Security Act.

10

• (1) Where the claimant satisfies the conditions in sub-paragraph (2), the maximum referred to in paragraph 1 (1) (a) shall not apply for a period of 13 weeks or, if alternative accommodation is found earlier, such lesser period following date of claim except to the extent that the claimant is able to meet out of income disregarded for the purposes of Part V the balance of the actual charge, increased where appropriate in accordance with paragraph 2, for the ... hostel accommodation over the maximum.

• (2) For the purposes of sub-paragraph (1) the conditions are that—

• (a) the claimant has lived in the same accommodation for more than 12 months; and

• (b) he was able to afford the charges in respect of that accommodation when he took up residence; and

• (c) having regard to the availability of ... hostels and to the circumstances mentioned in paragraph 10 (7) (b) of Schedule 3 (housing costs), it is reasonable for the maximum referred to in paragraph 5 not to apply for the said period in order to allow the claimant to find alternative accommodation; and

• (d) he is not a person who is being accommodated—

• (i) by a housing authority under Part III of the Housing Act 1985 (housing the homeless), or

• (ii) by a local authority under section 1 of the Child Care Act 1980 (duty of local authorities to promote welfare of children), or, in Scotland, section 12 of the Social Work (Scotland) Act 1968 (general welfare); and

• (e) he is seeking alternative accommodation and intends to leave his present accommodation once alternative accommodation is found.

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

PART II — persons to whom regulation 20 and part i of this schedule is not to apply

12

A claimant or, if he is a member of a family, the claimant and the members of his family where the accommodation and meals (if any) of the claimant or, as the case may be, the claimant and the members of his family are provided in whole or in part by a close relative of his or of any member of his family, or other than on a commercial basis.

13

A person who is on holiday and during a period which has not continued for more than 13 weeks is absent from the home or from a hospital or similar institution in which he is normally a patient.

14

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

15

A person aged 16 or over but under 19 who is in the care of a local authority under the provisions of a relevant enactment, except where he is personally liable to pay the cost of his accommodation and maintenance direct to someone other than a local authority.

16

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

17

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

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

SCHEDULE 6 — BOARD AND LODGING AREAS

...

PART II — london south region