OpenLegislation

Regulation 21 Amendment of Schedule 7 to the General RegulationsI1

England, Wales and Scotland

In Schedule 7 to the General Regulations (applicable amounts in special cases)f1

F1(a)

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

F2(b)

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

(c)

in paragraph 10A, in column (2), for the reference “or (f)” there shall be substituted the reference “(f) or (g)”;

(d)

in paragraph 10B(3), in column (2), for the reference “17(1)(e) or 18(f)” there shall be substituted the reference “17(1)(e), (f) or (g) or 18(1)(f), (g) or (h)”;

(e)

in paragraph 10C, in column (2), for the words from “personal expenses plus” to the end there shall be substituted the following words—

“

personal expenses, plus—

  1. (a)

    in respect of each child or young person who is a member of his family, the amount in respect of him prescribed in paragraph 2(a), (b), (c) or (d), of Schedule 2 or under this Schedule as appropriate; and

  2. (b)

    any amount which would be applicable to the claimant if he were not temporarily living away from the dwelling occupied as his home, under regulation 17(1)(c), (e), (f) or (g), or (d) in so far as that amount relates to the lone parent premium under paragraph 8 of Schedule 2.

”;

(f)

in paragraph 10D, in column (2), for the reference “paragraph 1(1)(a) and (c)” there shall be substituted the reference “paragraph 1(1)(a), (b) and (c)”;

(g)

in paragraph 11, in column (1), at the beginning there shall be inserted the words “Subject to paragraph 11A,”;

(h)

after paragraph 11 there shall be inserted the following paragraph—

“

Couple or member of couple taking child or young person abroad for treatment
11A

A claimant who is a member of a couple where either—

(a)

he or his partner is, or,

(b)

both he and his partner are

absent from the United Kingdom in circumstances specified in regulation 4(3)(a)to(d).

11A

For the first 8 weeks of that absence, the amount applicable to the claimant under regulation 17(1), 19 or 21, as the case may be, and, thereafter, if the claimant is in Great Britain the amount applicable to him under regulation 17(1), 19 or 21, as the case may be, as if the claimant were a single claimant, or, as the case may be, a lone parent.

”;

(i)

for paragraph 12, there shall be substituted the following paragraph—

“

Polygamous marriages where any member is abroad
12

Subject to paragraph 12A, a claimant who is a member of a polygamous marriage where—

(a)

he or one of his partners is, or

(b)

he and one or more of his partners, are or

(c)

two or more of his partners are,

temporarily absent from the United Kingdom;

12

For the first four weeks of that absence, the amount applicable to the claimant under regulations 18 to 21, as the case may be, and thereafter, if the claimant is in Great Britain the amount applicable to him under regulations 18 to 21, 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.

”;

(j)

after paragraph 12 there shall be inserted the following paragraph—

“

Polygamous marriage: taking child or young person abroad for treatment
12A

A claimant who is a member of a polygamous marriage where—

(a)

he or one of his partners is,

(b)

he and one or more of his partners, are or

(c)

two or more of his partners are,

absent from the United Kingdom in circumstances specified in regulation 4(3)(a) to (d).

12A

For the first 8 weeks of that absence, the amount applicable to the claimant under regulations 18 to 21, as the case may be, and thereafter, if the claimant is in Great Britain the amount applicable to him under regulations 18 to 21, 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.

”;

(k)

in paragraph 1—

(i)

in sub-paragraph (1), in column (2), for the reference “17(1)(f) or 18(1)(g)” there shall be substituted the reference “17(1)(f) or (g) or 18(1)(g)or(h)”;

(ii)

in sub-paragraph (2), in column (2), for the reference “£8.70” there shall be substituted the words “Any amount applicable under regulation 17(1)(f) or (g), plus £9.40.”.

Annotations

Textual amendments

F1

Reg. 21(a) revoked (10.4.2006 for specified purposes) by The Social Security (Hospital In-Patients) Regulations 2005 (S.I. 2005/3360), regs. 1(e), 9(2), Sch.

F2

Reg. 21(b) revoked (10.4.2006 for specified purposes) by The Social Security (Hospital In-Patients) Regulations 2005 (S.I. 2005/3360), regs. 1(e), 9(2), Sch.

Commencement

I1

Reg. 21 in force at 9.4.1990, see reg. 1(1)(b)(2)(3)

Footnotes

f1

See S.I. 1988/663, 2022, 1989/1678