# The Employment and Support Allowance Regulations 2008, Regulation 163: Applicable amounts in urgent cases


For the purposes of calculating any entitlement to an income-related allowance under this Part—
(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—
(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);
(ii) the amount, if applicable, specified in Part 2 of Schedule 4 (premiums);
(iii) the amount, if applicable, specified in Part 4 of Schedule 4 (components); and
(iv) any amounts applicable under regulation 67(1)(c) or, as the case may be, 68(1)(d) (housing costs);
(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—
(i) 90% of the amount applicable in column 2 of that Schedule in respect of the claimant and partner (if any);
(ii) the amount, if applicable, specified in Part 2 of Schedule 4;
(iii) the amount, if applicable, specified in Part 4 of Schedule 4; and
(iv) any amounts applicable under regulation 67(1)(c) or, as the case may be, 68(1)(d); or
(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—
(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);
(ii) the amount, if applicable, specified in Part 2 of Schedule 4 (premiums); and
(iii) any amounts applicable under regulation 67(1)(c) or, as the case may be, 68(1)(d).

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Source: https://www.legislation.gov.uk/uksi/2008/794/regulation/163 (the official version)
Page: https://openlegislation.uk/employment-and-support-allowance-regulations-2008/regulation-163
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

