# The Income Support (General) Regulations (Northern Ireland) 1987, Regulation 21: Special cases


(1) Subject to regulation 22 (reductions in applicable amounts) in the case of a person to whom any paragraph in column (1) of Schedule 7 (applicable amounts in special cases) applies, the amount included in the claimant's weekly amount in respect of him shall be the amount prescribed in the corresponding paragraph in column (2) of that Schedule; but no amount shall be included in respect of a child or young person if the capital of that child or young person calculated in accordance with Part V in like manner as for the claimant, except where otherwise provided, would exceed £3,000.
(2) In Schedule 7, for the purposes of paragraph 1, 2, 3 or 16 (patients), where a person has been a patient for 2 or more distinct periods separated by one or more intervals each not exceeding 28 days, he shall be treated as having been a patient continuously for a period equal in duration to the total of those distinct periods.
(3) In Schedule 7—
“person from abroad” means a person, who—
(a) has a limited leave as defined in section 33(1) of the 1971 Act to enter or remain in the United Kingdom which was given in accordance with any provision of the immigration rules (as defined in that section) which refers to there being, or to there needing to be, no recourse to public funds or to there being no charge on public funds during that limited leave; but this sub-paragraph shall not apply to a person who is a national of a member State, a state which is a signatory to the European Convention on Social and Medical Assistance (done in Paris on 11th December 1953), the Channel Islands or the Isle of Man;
(b) having a limited leave (as defined in section 33(1) of the 1971 Act) to enter or remain in the United Kingdom, has remained without further leave under that Act beyond the time limited by the leave;
(c) is the subject of a deportation order being an order under section 5(1) of that Act (deportation) requiring him to leave and prohibiting him from entering the United Kingdom;
(d) is adjudged by the immigration authorities to be an illegal entrant (as defined in section 33(1) of that Act) who has not subsequently been given leave under that Act to enter or remain in the United Kingdom;
(e) has been allowed temporary admission to the United Kingdom by virtue of paragraph 21 of Schedule 2 to that Act;
(f) has been allowed temporary admission to the United Kingdom by the Secretary of State outside any provision of that Act; or
(g) has not had his immigration status determined by the Secretary of State;
“patient” means a person (other than a prisoner) who is regarded as receiving free in-patient treatment within the meaning of the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 1975;
''prisoner'' means a person who is detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court other than a person whose detention is under the provisions of the Mental Health (Northern Ireland) Order 1986;
“residential accommodation” means, subject to paragraph (4), accommodation for a person whose stay in the accommodation has become other than temporary which is accommodation provided—
(a) under Article 15 or 36 of the 1972 Order other than—
(i) such accommodation where full board is not available to the person, or
(ii) accommodation in premises registered under Article 35 of, and Schedule 5 to, that Order (registration of homes for persons in need) where the premises are used for the rehabilitation of alcoholics or drug addicts, or
(iii) a hostel within the meaning of regulation 20(2) (persons in board and lodging accommodation and hostels); or
(b) under Article 7 or 8 of the 1972 Order (prevention of illness, care and after-care and care of mothers and young children) by the Department other than—
(i) such accommodation where full board is not available to the person,
(ii) accommodation provided under the said Article 7 which is registered under Article 35 of, and Schedule 5 to, the 1972 Order (registration of homes for persons in need) where the premises are used for the rehabilitation of alcoholics or drug addicts, or
(iii) a hostel within the meaning of regulation 20(2) (persons in board and lodging accommodation and hostels).
(4) A person who would, but for this paragraph, be in residential accommodation within the meaning of paragraph (3) shall not be treated as being in residential accommodation if he is a person who is staying in a home for persons in need as defined in regulation 19(2) (persons in homes for persons in need and nursing homes) under the provisions referred to in sub-paragraph (b) of the definition of “residential accommodation” in paragraph (3) where—
(a) the weekly cost of such accommodation exceeds the maximum amount provided for under regulation 19 and paragraphs 6, 8, 9 and 10 of Schedule 4 (applicable amounts of persons in homes for persons in need and nursing homes) in respect of such accommodation; and
(b) the Department accepts responsibility for the making of arrangements for the provision of such accommodation for that person in the light of that person being entitled to such maximum amount as a person in a home for persons in need under and by virtue of that regulation, provided that in the case of a person over pensionable age the Department had accepted such responsibility for a period of not less than 2 years immediately before that person attained pensionable age.
(5) A claimant to whom paragraph 17 of Schedule 7 (disability premium) applies shall be entitled to income support for the period in respect of which that paragraph applies to him notwithstanding that his partner was also entitled to income support for that same period.

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Source: https://www.legislation.gov.uk/nisr/1987/459/regulation/21 (the official version)
Page: https://openlegislation.uk/income-support-general-regulations-northern-ireland-1987/regulation-21
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.