Paragraph 35 I1

After regulation 86 there shall be inserted the following regulations—

“Applicable amounts for joint-claim couples

86A

Except in the case of a joint-claim couple where regulation 86B(polygamous marriages), 86C (special cases) or 86D (members of joint-claim couples in residential care and nursing homes) or Part X (urgent cases) applies, the applicable amount of a joint-claim couple who are jointly claiming a jobseeker’s allowance shall be the aggregate of such of the following amounts as may apply in their case—

(a)

an amount in respect of the joint-claim couple determined in accordance with paragraph 1(3) of Schedule 1;

(b)

an amount in respect of either or both members of the joint-claim couple determined in accordance with paragraph 3 of Schedule 1 (residential allowance);

(c)

the amount of any premiums which may be applicable to either or both members of the joint-claim couple, determined in accordance with Parts IVA and IVB of Schedule 1 (premiums), and

(d)

any amounts determined in accordance with Schedule 2 (housing costs) which may be applicable to the joint-claim couple in respect of mortgage interest payments or such other housing costs as are prescribed in that Schedule.

Applicable amounts for joint-claim couples: polygamous marriages

86B

Except in the case of a joint-claim couple where regulation 86A (applicable amounts for joint-claim couples), 86C (special cases) or 86D (members of joint-claim couples in residential care and nursing homes) or Part X (urgent cases) applies, the applicable amount of a joint-claim couple who are jointly claiming a jobseeker’s allowance where either or both members of that couple are members of a polygamous marriage, shall be the aggregate of such of the following amounts as may apply in their case—

(a)

the highest amount applicable to a member of the joint-claim couple and one other member of that marriage determined in accordance with paragraph 1(3) of Schedule 1 as if those members were a couple;

(b)

an amount equal to the difference between the amounts specified in paragraph 1(1)(e) and (3)(e) of Schedule 1 in respect of each of the other members of the polygamous marriage who are members of that household;

(c)

an amount, whether in respect of a member of the joint-claim couple or any member of his household aged 16 or over, determined in accordance with paragraph 3 of Schedule 1 (residential allowance);

(d)

the amount of any premiums which may be applicable to a member of the joint-claim couple determined in accordance with Parts IVA and IVB of Schedule 1 (premiums), and

(e)

any amounts determined in accordance with Schedule 2 (housing costs) which may be applicable to the joint-claim couple in respect of mortgage interest payments or such other housing costs as are prescribed in that Schedule.

Joint-claim couples: special cases

86C

(1)

Where a member of a joint-claim couple is a person to whom any paragraph in column (1) of Schedule 4A (applicable amounts in special cases for joint-claim couples) applies, the amount included in the joint-claim couple’s weekly applicable amount shall be the amount prescribed in the corresponding paragraph in column (2) of that Schedule.

(2)

Except where the amount prescribed in Schedule 4A in respect of a joint-claim couple includes an amount applicable under regulation 86A(c) or 86B(d), a person to whom paragraph (1) applies shall be treated as not falling within the conditions specified in paragraph 20I^f1 of Schedule 1 (severe disability premium).

(3)

In Schedule 4A, for the purposes of paragraphs 1 and 11 (persons in a residential care or nursing home who become 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.

(4)

Expressions used in this regulation and in Schedule 4A shall have the same meaning as those expressions have for the purposes of regulation 85 (special cases) and Schedule 4 (applicable amounts in special cases) save that for the purposes of this regulation and of Schedule 4A, the definition of “person from abroad” in regulation 85(4)^f2 shall have effect as if after “a claimant” there were inserted “, other than a member of a joint-claim couple who is not the nominated member for the purposes of Article 5B^f3 of the Order (joint-claim couples: the nominated member)”.

Applicable amount for a joint-claim couple where a member is in a residential care or nursing home

86D

(1)

Where either or both members of a joint-claim couple have a preserved right and that member or those members live in a residential care or nursing home, the weekly applicable amount of the joint-claim couple shall, except in a case to which regulation 86C (joint-claim couples: special cases) applies, be calculated in accordance with Schedule 3A.

(2)

A member of a joint-claim couple has a preserved right for the purposes of this regulation if he satisfies the requirements for a preserved right under regulation 19 of, and Schedule 4 to, the Income Support Regulations.

(3)

Expressions used in Schedule 3A shall have the same meaning as those expressions have for the purposes of Schedule 3.

(4)

Regulation 86(5) shall have effect for the purposes of this regulation as if for “a person resident in those premises shall be determined under Schedule 4” there were substituted “a joint-claim couple where either or both members of the couple are resident in those premises shall be determined under Schedule 3A.”.”