OpenLegislation

Regulation 10 PatientsI1

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Where a person is a patient and has been a patient for a period of more than 6 weeks—

(a)

in the case of a single claimant, his applicable amount shall be F1£14.05;

(b)

in the case of a lone parent, his applicable amount shall be £14.05 plus any amount applicable to him under F2regulation 8(b) or (c) or (d) (applicable amounts) by virtue of his satisfying the condition specified in paragraph 8 or 15 of Schedule 1;

(c)

in the case of a married or unmarried couple—

(i)

where the other member is not a patient, or, if a patient, has not been a patient for more than six weeks, his or, if he is not the claimant, the claimant’s applicable amount shall be the amount applicable under regulation 8 (applicable amounts) reduced by F3£11.20,

(ii)

where the other member is also a patient and has been a patient for more than six weeks, his or, as the case may be, the claimant’s applicable amount shall be F4£28.10 plus any amounts applicable under regulation 8(b) or (c) or (d) by virtue of his satisfying the condition specified in paragraph 15 of Schedule 1;

(d)

if he is polygamously married—

(i)

where at least one member of the polygamous marriage is not a patient, or, if a patient, has not been a patient for more than six weeks, the applicable amount under regulation 9 (polygamous marriages) shall be reduced by F5£11.20 in respect of each member who is a patient and has been a patient for more than 6 weeks;

(ii)

where all members of a polygamous marriage are patients and have been patients for more than six weeks, the applicable amount shall be F6£14.05 in respect of each member plus any amounts applicable under regulation 9(c) or (d) or (e) by virtue of his satisfying the condition specified in paragraph 15 of Schedule 1.

(2)

In paragraph (1), “patient” means a person (other than a person who is serving a sentence of imprisonment or detention in a youth custody institution) who is regarded as receiving free in-patient treatment within the meaning of the Social Security (Hospital InPatients) Regulations 1975f1.

(3)

For the purposes of calculating the period of 6 weeks referred to in paragraph (1), where a person has been maintained free of charge while undergoing medical or other treatment as an in-patient in a hospital or similar institution for two or more distinct periods separated by one or more intervals each not exceeding 28 days, he shall be treated as having been so maintained for a period equal in duration to the total of those distinct periods.

Annotations

Textual amendments

F1

Sum in Reg. 10(1)(a)(b) substituted (1.4.1993) by The Social Security Benefits Up-rating Order 1993 (S.I. 1993/349), arts. 1(2)(a), 20(1)(3)

F2

Words in reg. 10(1)(b) substituted (1.4.1993 immediately after art. 20 of S.I. 1993/349 comes into force) by The Council Tax Benefit (General) Amendment Regulations 1993 (S.I. 1993/688), regs. 1(1), 3

F3

Sum in Reg. 10(1)(c)(i) substituted (1.4.1993) by The Social Security Benefits Up-rating Order 1993 (S.I. 1993/349), arts. 1(2)(a), 20(1)(3)

F4

Sum in Reg. 10(1)(c)(ii) substituted (1.4.1993) by The Social Security Benefits Up-rating Order 1993 (S.I. 1993/349), arts. 1(2)(a), 20(1)(3)

F5

Sum in Reg. 10(1)(d)(i) substituted (1.4.1993) by The Social Security Benefits Up-rating Order 1993 (S.I. 1993/349), arts. 1(2)(a), 20(1)(3)

F6

Sum in Reg. 10(1)(d)(ii) substituted (1.4.1993) by The Social Security Benefits Up-rating Order 1993 (S.I. 1993/349), arts. 1(2)(a), 20(1)(3)

Commencement

I1

Reg. 10 in force at 1.4.1993, see reg. 1(b)

Footnotes

f1

S.I. 1975/555; relevant amending instrument is S.I. 1987/1683.