{
  "url": "https://openlegislation.uk/employment-and-support-allowance-regulations-2008/schedule-5/part-1",
  "json_url": "https://openlegislation.uk/employment-and-support-allowance-regulations-2008/schedule-5/part-1.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": "schedule/5/part/1",
  "kind": "part",
  "number": "1",
  "heading": "Amounts prescribed for the purposes of section 4(2) of the Act",
  "text": "Claimants without accommodation\n1.\nA claimant who is without accommodation.\n1.\nThe amount applicable to the claimant under regulation 67(1)(a).\nMembers of religious orders\n2.\nA claimant who is a member of, and fully maintained by, a religious order.\n2.\nNil.\nPrisoners\n3.\nA claimant\n3.\n(a)\nexcept where sub-paragraph (b) applies, who is a prisoner;\n(a)\nNil;\n(b)\nwho is detained in custody pending trial or sentence following conviction by a court.\n(b)\nonly such amount, if any, as may be applicable under regulation 67(1)(c) and the amount of nil under regulation 67(3).\nSpecified cases of temporarily separated couples\n4.\nA claimant who is a member of a couple and who is temporarily separated from the claimant's partner where—\n4.\nEither—\n(a)\none member of the couple is—\n(a)\nthe amount applicable to the claimant as a member of a couple under regulation 67(1); or\n(i)\nnot a patient but is residing in a care home, an Abbeyfield Home or an independent hospital; or\n(ii)\nresident in premises used for the rehabilitation of alcoholics or drug addicts; or\n(iii)\nresident in accommodation provided under section 3 of and Part 2 of the Schedule to, the Polish Resettlement Act 1947 (provision of accommodation in camps); or\n(iv)\nparticipating in arrangements for training made under section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990 or attending a course at an employment rehabilitation centre established under that section of the 1973 Act, where the course requires the person to live away from the dwelling occupied as the home; or\n(v)\nin a probation or bail hostel approved for the purpose by the Secretary of State; and\n(b)\nthe other member of the couple is—\n(b)\nthe aggregate of the claimant's applicable amount and that of the claimant's partner assessed under the provisions of these Regulations as if each of them were a single claimant, a lone parent or a person who has no partner and who is responsible for and a member of the same household as a young person\nwhichever is the greater.\n(i)\nliving in the dwelling occupied as the home; or\n(ii)\na patient; or\n(iii)\nresiding in a care home, an Abbeyfield Home or an independent hospital.\nPolygamous marriages where one or more partners are temporarily separated\n5.\nA claimant who is a member of a polygamous marriage and who is temporarily separated from a partner, where one of them is living in the home where the other member is—\n5.\nEither—\n(a)\nnot a patient but is residing in a care home, an Abbeyfield Home or an independent hospital; or\n(a)\nthe amount applicable to the members of the polygamous marriage under regulation 68; or\n(b)\nresident in premises used for the rehabilitation of alcoholics or drug addicts; or\n(b)\nthe aggregate of the amount applicable for the members of the polygamous marriage who remain in the home under regulation 68 and the amount applicable in respect of those members not in the home calculated as if each of them were a single claimant, a lone parent or a person who has no partner and who is responsible for and a member of the same household as a young person\nwhichever is the greater.\n(c)\nattending a course of training or instruction provided or approved by the Secretary of State where the course requires the person to live away from home; or\n(d)\nin a probation or bail hostel approved for the purpose by the Secretary of State.\nCouple where one member is abroad\n6.\nSubject to paragraph 7, a claimant who is a member of a couple where one member of the couple is temporarily absent from the United Kingdom.\n6.\nFor the first 4 weeks of that absence, the amount applicable to them as a couple under regulation 67(1) or 69, as the case may be, and thereafter, the amount applicable to the claimant in Great Britain under regulation 67(1) or 69, as the case may be, as if the claimant were a single claimant, a lone parent, or as the case may be a person who has no partner and who is responsible for and a member of the same household as a young person.\nCouple or member of couple taking child or young person abroad for treatment\n7.—\n(1)\nA claimant who is a member of a couple where either—\n7.\nFor the first 26 weeks of that absence, the amount applicable to the claimant under regulation 67(1) or 69, as the case may be and, thereafter, if the claimant is in Great Britain the amount applicable to the claimant under regulation 67(1) or 69, as the case may be, as if the claimant were a single claimant, a lone parent, or as the case may be a person who has no partner and who is responsible for and a member of the same household as a young person.\n(a)\nthe claimant or the claimant's partner is; or\n(b)\nboth the claimant and the claimant's partner are,\nabsent from the United Kingdom in the circumstances specified in sub-paragraph (2).\n(2)\nFor the purposes of sub-paragraph (1) the specified circumstances are—\n(a)\nin respect of a claimant, those in regulation 153(1)(a), (b), (c)(ii), (d) and (e);\n(b)\nin respect of a claimant's partner, as if regulation 153(1)(a), (b), (c)(ii), (d) and (e) applied to that partner.\nPolygamous marriages where any member is abroad\n8.\nSubject to paragraph 9, a claimant who is a member of a polygamous marriage where one or more members of the marriage are temporarily absent from the United Kingdom.\n8.\nFor the first 4 weeks of that absence, the amount applicable to the claimant under regulation 68 and 69, as the case may be, and thereafter, if the claimant is in Great Britain the amount applicable to the claimant under regulations 68 and 69, as the case may be, as if any members of the polygamous marriage not in the United Kingdom were not a member of the marriage.\nPolygamous marriage: taking child or young person abroad for treatment\n9.—\n(1)\nA claimant who is a member of a polygamous marriage where one or more members of the marriage is absent from the United Kingdom in the circumstances specified in sub-paragraph (2).\n9.\nFor the first 26 weeks of that absence, the amount applicable to the claimant under regulations 68 and 69, as the case may be, and thereafter, if the claimant is in Great Britain the amount applicable to the claimant under regulations 68 and 69, as the case may be, as if any member of the polygamous marriage not in the United Kingdom were not a member of the marriage.\n(2)\nFor the purposes of sub-paragraph (1) the specified circumstances are—\n(a)\nin respect of a claimant, those in regulation 153(1)(a), (b), (c)(ii), (d) and (e);\n(b)\nin respect of a claimant's partner or partners, as the case may be, as if regulation 153(1)(a), (b), (c)(ii), (d) and (e) applied to that partner or those partners .\nPartner of a person subject to immigration control\n10.\n10.\n(a)\nA claimant who is the partner of a person subject to immigration control.\n(a)\nThe amount applicable in respect of the claimant only under regulation 67(1)(a) any amount which may be applicable to the claimant under regulation 67(1)(b) plus the amount applicable to the claimant under regulation 67(1)(c) or, as the case may be, regulation 69.\n(b)\nWhere regulation 68 (polygamous marriages) applies and the claimant is a person—\n(b)\nthe amount determined in accordance with that regulation or regulation 69 in respect of the claimant and any partners of the claimant who are not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act and to whom section 115 of that Act does not apply for the purposes of exclusion from entitlement to an income-related allowance.\n(i)\nwho is not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act; or\n(ii)\nto whom section 115 of that Act does not apply by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 ; and\n(iii)\nwho is a member of a couple and one or more of the person's partners is subject to immigration control within the meaning of section 115(9) of that Act and section 115 of that Act applies to that partner or those partners for the purposes of exclusion from entitlement to income-related allowance.\nPerson from abroad\n11.\nPerson from abroad.\n11.\nNil.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "1947 c. 19; amended by Schedule 4 of the Social Security Act 1980 (c. 30) and by S.I. 1951/674 and 1968/1699."
    },
    {
      "type": "F",
      "label": "F2",
      "text": "1990 c. 35."
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Sch. 5 Pt. 1 para. 4 substituted (31.10.2011) by The Social Security (Work-focused Interviews for Lone Parents and Partners) (Amendment) Regulations 2011 (S.I. 2011/2428), regs. 1, 5(6)(a)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in Sch. 5 Pt. 1 para. 5 substituted (31.10.2011) by The Social Security (Work-focused Interviews for Lone Parents and Partners) (Amendment) Regulations 2011 (S.I. 2011/2428), regs. 1, 5(6)(a)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in Sch. 5 Pt. 1 para. 6 substituted (31.10.2011) by The Social Security (Work-focused Interviews for Lone Parents and Partners) (Amendment) Regulations 2011 (S.I. 2011/2428), regs. 1, 5(6)(b)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in Sch. 5 Pt. 1 para. 7 substituted (31.10.2011) by The Social Security (Work-focused Interviews for Lone Parents and Partners) (Amendment) Regulations 2011 (S.I. 2011/2428), regs. 1, 5(6)(b)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Word in Sch. 5 para. 9(2)(b) substituted (27.10.2008) by The Employment and Support Allowance (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/2428), regs. 1(2), 15"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "S.I. 2000/636, the relevant amending instruments are S.I. 2002/2497 and S.I. 2003/2274."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2008/794/schedule/5/part/1",
    "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."
}