Schedule 7 Applicable Amounts in Special Cases

Subject to paragraphs 2, 3 and 16, a person who has been a patient for a period of more than 6 weeks and who is—

a single claimant;

a lone parent;

£8·25 plus any amounts applicable to him under regulation 17(b), (c) or (e) or under regulation 17 (a) because of paragraph 8 or 14 of Schedule 2 (applicable amounts);

a member of a couple—

a member of a polygamous marriage—

A single claimant who has been a patient for a continuous period of more than 52 weeks, where—

the following conditions are satisfied—

those conditions ate not satisfied.

£8·25.

Subject to paragraph 16—

where the person is a member of a family and paragraph 1 applies to him and another member of the family who is a child or young person has been a patient for a period of more than 12 weeks.

the amount applicable to him under paragraph 1 except that the amount applicable under regulation 17(b) or 18(c) in respect of the child or young person referred to in column (1) of this paragraph shall be £8·25 instead of an amount determined in accordance with paragraph 2 of Schedule 2.

Subject to paragraph 16, a claimant who is a member of a family, where one or more members of that family is a patient and one or more members of that family temporarily enter into board and lodging accommodation within the meaning of regulation 20(2) (persons in board and lodging accommodation and hostels) in order to be near to the member who is a patient.

The amount applicable to the family in accordance with regulation 17 or 21 (applicable amounts or special cases), as the case may be, plus, except in a case to which any of paragraphs 12 to 15 of Schedule 5 applies, the weekly charge for the board and lodging accommodation calculated in accordance with paragraph 1(1)(a) of that Schedule except that no increase shall be included in respect of meals under paragraph 2 of that Schedule.

A claimant who is a member of a polygamous marriage, where one or more members of that marriage or any child or young person for whom any member of that marriage is treated as responsible for by virtue of regulation 15 (circumstances in which a person is to be treated as responsible or not responsible for another) temporarily enter into board and lodging accommodation within the meaning of regulation 20(2) in order to be near to the partner, child or young person who is a patient.

The amount applicable to the family in accordance with regulation 18 or 21, as the case maybe, plus, except in a case to which any of paragraphs 12 to 15 of Schedule 5 applies, the weekly charge for the board and lodging accommodation calculated in accordance with paragraph 1 (1)(a) of that Schedule except that no increase shall be included in respect of meals under paragraph 2 of that Schedule.

A claimant who is without accommodation.

The amount applicable to him under regulation 17(a) only.

A claimant who is a member of and fully maintained by a religious order.

Nil.

A person—

except where sub-paragraph (b) applies, who is a prisoner;

who is detained in custody pending trial or sentence following conviction by a court.

only such amount (if any) as may be applicable under regulation 17(e).

A claimant who is a member of a couple and who is temporarily separated from his partner where one of them is living in the home while the other member is—

Either—

not a patient but is resident in a nursing home;

resident in a home for persons in need;

in accommodation referred to in sub-paragraphs (a) and (b) of the definition of residential accommodation in regulation 21(3) (special cases);

resident in premises used for the rehabilitation of alcoholics or drug addicts;

attending a course of training or instruction provided or approved by the Department of Economic Development where the course requires him to live away from home; or

in probation or bail accommodation approved for the purpose by the Probation Board for Northern Ireland.

the amount applicable to him as a member of a couple under regulation 17; or

the aggregate of his applicable amount and that of his partner assessed under the provisions of these regulations as if each of them were a single claimant or a lone parent,

A claimant who is a member of a polygamous marriage and who is temporarily separated from a partner of his, where one of them is living in the home while the other member is—

Either—

not a patient but is resident in a nursing home;

resident in a home for persons in need;

in accommodation referred to in sub-paragraphs (a) and (b) of the definition of residential accommodation in regulation 21(3) (special cases);

resident in premises used for the rehabilitation of alcoholics or drug addicts;

attending a course of training or instruction provided or approved by the Department of Economic Development where the course requires him to live away from home; or

in probation or bail accommodation approved for the purpose by the Probation Board for Northern Ireland.

the amount applicable to the members of the polygamous marriage under regulation 18; or

the aggregate of the amount applicable for the members of the polygamous marriage who remain in the home under regulation 18 and the amount applicable in respect of those members not in the home calculated as if each of them were a single claimant or a lone parent,

A claimant who is a member of a couple and whose partner is temporarily not present in Northern Ireland.

For the first 4 weeks of that absence, the amount applicable to them as a couple under regulation 17 or 19 to 21, as the case may be, and thereafter the amount applicable to the claimant in Northern Ireland under regulation 17 or 19 to 21, as the case maybe, as if the claimant were a single claimant or as the case may he a lone parent.

A claimant who is a member of a polygamous marriage and who, or whose partner, is temporarily not present in Northern Ireland.

For the first 4 weeks of that absence, the amount applicable to them as members of a polygamous marriage under regulations 18 to 21, as the case may be, and thereafter the amount applicable to the claimant in Northern Ireland under regulations 18 to 21, as the case may be, as if the member not in Northern Ireland were not a member of the marriage.

a single claimant;

alone parent;

the amount specified in head (a) of this column;

one of a couple;

twice the amount specified in head (a) of this column;

a child or young person;

the appropriate amount in respect of him prescribed in paragraph 2 of Schedule 2;

a member of a polygamous marriage.

the amount specified in head (a) multiplied by the number of members of the polygamous marriage in, or only temporarily absent from, that accommodation.

A single claimant who has become a patient and whose residential accommodation was provided by and managed by the Department.

£8·25.

Where a person has to pay a retaining fee for accommodation which, but for his temporary absence from it, regulation 19 or 20 (persons in homes for persons in need and nursing homes or persons in board and lodging accommodation and hostels) would apply and—

The amount otherwise applicable to him under these regulations may be increased to take account of the retaining fee by an amount not exceeding 80 per cent. of the applicable amount referred to in paragraph 1(1)(a) of Schedule 4 (applicable amounts of persons in homes for persons in need and nursing homes) or paragraph 1(1)(a) of Schedule 5 (applicable amounts of persons in board and lodging accommodation and hostels), as the case maybe, and—

he is a person in accommodation referred to in sub-paragraphs (a) and (b) of the definition of residential accommodation in regulation 21(3) (special cases) and paragraph 13 does not apply to him by reason only that his stay in that accommodation has not become other than temporary;

in a case to which sub-paragraph (a) or (b) of column (1) applies, any such increase shall not be for a continuous period of more than 52 weeks;

he is a person to whom paragraphs 1 to 3 or 16 (patients) applies; or

he is absent for a period of at least one week from that accommodation being accommodation either in a home for persons in need or nursing home and he is not required to be available for employment.

in a case of a person to whom only sub-paragraph (c) of column (1) applies, any such increase shall not be for a continuous period of more than 4 weeks.

Except in relation to a person from abroad to whom regulation 70(3) (urgent cases) applies—

a person from abroad who is a single claimant;

a lone parent—

where he is not a person from abroad, but one or more members of his family are persons from abroad;

the amount applicable to him under regulation 17(a) plus, in respect of any members of his family not a person from abroad, any amounts applicable to him under regulation 17(b), (c) or (d) plus the amount applicable to him under regulation 17(e) or, as the case may be, regulation 19, 20 or 21;

a member of a couple—

where the claimant is a person from abroad but his partner is not such a person,

nil,

where the claimant and his partner are both persons from abroad;

nil;

where regulation 18 (polygamous marriages) applies and—

the claimant is a person from abroad, whether or not one or more of his partners are persons from abroad,

nil,

the claimant and all his partners are persons from abroad;

nil;

where any amount is applicable to the claimant under regulation 17(d) because of Part III of Schedule 2 because he or his partner satisfies the condition prescribed therein and he or his partner as the person so satisfying the condition is a person from abroad.

no amount shall be applicable under regulation 17(d) because of Part III of Schedule 2.

A claimant to whom regulation 19 or 20 applies immediately before he or a member of his family became a patient where—

continues to be liable to meet the weekly charge for the accommodation without reduction in respect of himself or that member of his family who is a patient,

continues to be liable to meet the weekly charge for the accommodation but at a reduced rate,

the amount which would be applicable under regulation 19 or 20, as the case maybe, having taken into account the reduced charge, as if the claimant or the member of the family who is a patient were resident in the accommodation to which regulation 19 or 20 applies,

is a single claimant and is likely to return to the accommodation, but has ceased to be liable to meet the weekly charge for that accommodation, or

the amount applicable to him (if any) under paragraph 2(2) of Schedule 4 or paragraph 2 of Schedule 5,as the case may be, plus the amount in respect of him as an allowance for personal expenses prescribed by either paragraph 12 of Schedule 4 or paragraph 11 of Schedule 5, as the case may be, as if he were residing in the accommodation to which regulation 19 or 20 applies, or

is a single claimant who ceases to be liable to meet the weekly charge for the accommodation and who is unlikely to return to that accommodation;

the amount which would be applicable to him under regulation 17;

he or his partner has been a patient for a period of more than 6 weeks and the patient is—

a lone parent,

where one or more children or young persons remain in the accommodation, the amount applicable to the family as if regulation 19 or 20, as the case may be, having taken into account any reduction in charge, continued to apply to all the members of the family except that where the lone parent is the patient no amount shall be applicable in respect of him under paragraph 2(2) of Schedule 4 or paragraph 2 of Schedule 5, as the case may be, and for the amount in respect of the allowance for personal expenses prescribed by either paragraph 12 of Schedule 4 or paragraph 11 of Schedule 5, as the case may be, there shall be substituted £8·25,

• where all the children or young persons are absent from the accommodation, £8·25 plus any amounts applicable to him under regulation 17(b), (c) or (d) plus (if appropriate) either the amount applicable under column (2) of paragraph 14(a) or the amount applicable under regulation 17(e), but not both,

• where one or more children or young persons are also patients and have been so for more than 12 weeks, in respect of those children and young persons remaining in the accommodation and the lone parent patient, the amount specified in case one of column (2) of sub-paragraph (b)(iii) save that the child or young person who has been a patient for more than 12 weeks shall be disregarded as a member of the family in assessing the amount applicable under regulation 19 or 20, as the case may be, and in respect of each such child or young person there shall be added £8·25,

one of a couple or polygamous marriage and one of that couple or marriage is not a patient or has been a patient for 6 weeks or less,

where the members of the family not patients remain in the accommodation, the amount applicable to the family as if regulation 19 or 20, as the case may be, having taken into account any reduction in charge, continued to apply to all the members of the family except that in respect of the member of the couple or polygamous marriage who has been a patient for more than 6 weeks no amount shall be applicable in respect of him under paragraph 2(2) of Schedule 4 or paragraph 2 of Schedule 5, as the case may be, and for the amount in respect of the allowance for personal expenses prescribed by either paragraph 12 of Schedule 4 or paragraph 11 of Schedule 5, as the case may be, there shall be substituted £8·25,

• where one or more children or young persons are also patients and have been so for more than 12 weeks, in respect of those children and young persons and the member of the couple or polygamous marriage remaining in the accommodation, the amount specified in case one of column (2) of sub-paragraph (b)(ii) save that the child or young person who has been a patient for more than 12 weeks shall be disregarded as a member of the family in assessing the amount applicable under regulation 19 or 20, as the case may be, and in respect of each such child or young person there shall be added £8·25,

one of a couple or polygamous marriage where all the members of that couple or marriage are patients and have been so for more than 6 weeks;

where there is no child or young person in the family, £8·25 in respect of each member of the couple or polygamous marriage plus either the amount prescribed in paragraph 14 in respect of any retaining fee for the accommodation he is liable to pay or the amount applicable under regulation 17(e) or 18(f), but not both,

• where there is a child or young person remaining in the accommodation, the amount which would be applicable in respect of the family as if regulation 19 or 20, as the case may be, having taken into account any reduction in charge continued to apply to all the members of the family except that in respect of a member of the couple or polygamous marriage no amount shall be applicable in respect of him under paragraph 2(2) of Schedule 4 or paragraph 2 of Schedule 5, as the case may be, and for the amount in respect of the allowance for personal expenses prescribed by either paragraph 12 of Schedule 4 or paragraph 11 of Schedule 5, as the case may be, in respect of that member there shall be substituted £8·25,

• where there is a child or young person in the family but no child or young person remains in the accommodation, the amount applicable under column (2) of paragraph 1(c) or (d), as the case may be, plus either the amount applicable under column (2) of paragraph 14(a) or the amount applicable under regulation 17(e) or 18(f), but not both,

• where one or more children or young persons are also patients and have been so for more than 12 weeks, in respect of those children and young persons and the member of the couple or polygamous marriage remaining in the accommodation and the lone parent patient, the amount specified in case 2 of column (2) of sub-paragraph (b)(iv) save that the child or young person who has been a patient for more than 12 weeks shall be disregarded as a member of the family in assessing the amount applicable under regulation 19 or 20, as the case may be, and in respect of each such child or young person there shall be added £8·25;

a child or young person who has been a patient for a period of more than 12 weeks.

the amount applicable under regulation 19 or 20, as the case may be, as if that child or young person was not a member of the family plus an amount of £8·25 in respect of that child or young person.

A claimant—

The amount only of the disability premium applicable under paragraph 11(b) of Schedule 2 and specified in paragraph 15(4)(b) of that Schedule.