{
  "url": "https://openlegislation.uk/employment-and-support-allowance-regulations-2008/regulation-163",
  "json_url": "https://openlegislation.uk/employment-and-support-allowance-regulations-2008/regulation-163.json",
  "legislation": "uksi/2008/794",
  "legislation_title": "The Employment and Support Allowance Regulations 2008",
  "legislation_url": "https://openlegislation.uk/employment-and-support-allowance-regulations-2008",
  "path": "regulation/163",
  "kind": "regulation",
  "number": "163",
  "heading": "Applicable amounts in urgent cases",
  "text": "For the purposes of calculating any entitlement to an income-related allowance under this Part—\n(a) except in a case to which sub-paragraph (b) or (c) applies, a claimant's weekly applicable amount is to be the aggregate of—\n(i) 90% of the amount applicable in respect of himself or herself or, if the claimant is a member of a couple or of a polygamous marriage, of the amount applicable in respect of both of them under paragraph 1(1), (2) or (3) of Schedule 4 or, as the case may be, the amount applicable in respect of them under regulation 68 (polygamous marriages);\n(ii) the amount, if applicable, specified in Part 2 of Schedule 4 (premiums);\n(iii) the amount, if applicable, specified in Part 4 of Schedule 4 (components); and\n(iv) any amounts applicable under regulation 67(1)(c) or, as the case may be, 68(1)(d) (housing costs);\n(b) in the case of a claimant to whom any paragraph of Schedule 5 (special cases) applies, the applicable amount is to be the aggregate of—\n(i) 90% of the amount applicable in column 2 of that Schedule in respect of the claimant and partner (if any);\n(ii) the amount, if applicable, specified in Part 2 of Schedule 4;\n(iii) the amount, if applicable, specified in Part 4 of Schedule 4; and\n(iv) any amounts applicable under regulation 67(1)(c) or, as the case may be, 68(1)(d); or\n(c) in the case of a claimant to whom regulation 162(2) applies, where that claimant is appealing to an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998, against a decision which embodies a determination that the claimant does not have limited capability for work, the applicable amount is to be the aggregate of—\n(i) 90% of the amount applicable in respect of himself or herself or, if the claimant is a member of a couple or of a polygamous marriage, of the amount applicable in respect of both of them under paragraph 1(1), (2) or (3) of Schedule 4 or, as the case may be, the amount applicable in respect of them under regulation 68 (polygamous marriages);\n(ii) the amount, if applicable, specified in Part 2 of Schedule 4 (premiums); and\n(iii) any amounts applicable under regulation 67(1)(c) or, as the case may be, 68(1)(d).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Pt. 13 revoked in part (for specified purposes and with effect in accordance with reg. 1(3) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2009 (S.I. 2009/3228), reg. 2(1)(d) (with reg. 2(2)-(4))"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "Reg. 163(a)(i) modified (with effect in accordance with art. 1(2)(l) (3)(a) 6 of the amending S.I.) by The Social Security Benefits Up-rating Order 2009 (S.I. 2009/497), arts. 1(2)(l), 27(6), Sch. 20"
    },
    {
      "type": "C",
      "label": "C2",
      "text": "Reg. 163(b)(i) modified (with effect in accordance with art. 1(2)(l) (3)(a) 6 of the amending S.I.) by The Social Security Benefits Up-rating Order 2009 (S.I. 2009/497), arts. 1(2)(l), 27(6), Sch. 20"
    },
    {
      "type": "C",
      "label": "C3",
      "text": "Reg. 163(c)(i) modified (with effect in accordance with art. 1(2)(l) (3)(a) 6 of the amending S.I.) by The Social Security Benefits Up-rating Order 2009 (S.I. 2009/497), arts. 1(2)(l), 27(6), Sch. 20"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2008/794/regulation/163",
    "retrieved_at": "2026-11-06T03:37:55.280707+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}