Paragraph 4 Miscellaneous accommodation costs
England, Wales and Scotland
F1Where an award of income support F2, jobseeker’s allowance F3, state pension credit or employment and support allowance—
F4in the case of income support is made to a person F5residing in a care home, an Abbeyfield Home or an independent hospital as defined in regulation F62(1) of the Income Support Regulations F7or, F8in the case of jobseeker’s allowance regulation 1(3) of the Jobseeker’s Allowance Regulations F9or in the case of employment and support allowance, regulation 2(1) of the Employment and Support Allowance Regulations, or
in the case of income support, jobseeker’s allowance or employment and support allowance, is made to person who is in accommodation provided under section 3(1) of, and Part 2 of the Schedule to, the Polish Resettlement Act 1947 (provision by the Secretary of State of accommodation in camps); or
in the case of state pension credit, is made to a person residing in—
a care home as defined in regulation 1(2) of the State Pension Credit Regulations;
an independent hospital as defined in regulation 1(2) of those Regulations;
an establishment run by the Abbeyfield Society (including all bodies corporate or incorporate which are affiliated to the Society); or
accommodation provided under section 3(1) of, and Part 2 of the Schedule to, the Polish Resettlement Act 1947 where the person requires personal care,
(F11or to a person who is only temporarily absent from such accommodation) the F12Secretary of State may determine that an amount of the specified benefit shall be paid direct to the person or body to whom the charges in respect of that accommodation are payable F13hereafter in this paragraph referred to as “miscellaneous accommodation costs, but, F14except in a case where accommodation is provided under section 3(1) of, and Part II of the Schedule to, the Polish Resettlement Act 1947 or where the accommodation is F15run by a voluntary organisation either for purposes similar to the purposes for which resettlement units are provided or which provides facilities for alcoholics or drug addicts, only if the Secretary of State is satisfied that the beneficiary has failed to budget for the charges and that it is in the interests of the family.
Subject to sub-paragraphs (3) and (3A), the amount of any payment of income support, jobseeker’s allowanceF17, state pension credit or employment and support allowance to a third party determined under sub-paragraph (1) shall be—
in a case where the beneficiary is not in accommodation as specified in F18sub-paragraph (1)(c)(ii),
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
an amount equal to the award of income support, jobseeker’s allowance F20, guarantee credit or employment and support allowance payable to the claimant but excluding an amount, if any, which when added to any other income of the beneficiary as determined in accordance with regulation 28 of the Income Support Regulations, regulation 93 of the Jobseeker’s Allowance Regulations F21, regulation 90 of the Employment and Support Allowance Regulations or regulation 17 of the State Pension Credit Regulations will equal the amount prescribed in respect of personal expenses in sub-paragraph (2A); and
in any other case, the amount of the award of income support, jobseeker’s allowance F22, guarantee credit or employment and support allowance, excluding the amount allowed by sub-paragraph (2A) in respect of personal expenses.
The amount in respect of personal expenses where a beneficiary is in accommodation referred to in paragraphs 4(1)(a) F23, (b) or (c) shall be—
for a single person the sum of F24£33.55;
for a couple where both members of the couple are in such accommodation, £33.55 or each member;
for a member of a polygamous marriage where more than one member is in such accommodation, £33.55 for each member in such accommodation.
This sub-paragraph shall apply where an award is made of—
income support calculated in accordance with Part VII of the Income Support Regulations (calculation of income support for part-weeks); or
jobseeker’s allowance calculated in accordance with Part XI of the Jobseeker’s Allowance Regulations (part-weeks); F25...
state pension credit for a period of less than a week calculated under regulation 13A of the State Pension Credit Regulations (part-weeks), or a part week payment of state pension credit calculated otherwise; F26or
employment and support allowance for a period of less than a week calculated in accordance with Part 14 of the Employment and Support Allowance Regulations (periods of less than a week).
Where sub-paragraph (3) applies then the amount of any payment to a third party determined under sub-paragraph (1) shall be an amount calculated in accordance with sub-paragraph (2)(a) or (b) as appropriate except that in respect of—
the income of the beneficiary, if any; and
the amount allowed for personal expenses by sub-paragraph (2A) above,
the amount shall be the amount used in the calculation under the provisions listed in sub-paragraph (3)(a), (b) or (c), divided by 7 and multiplied by the number of days in the part-week and no payment shall be made to a third party where the Secretary of State certifies it would be impracticable to do so in that particular case.
Annotations
Textual amendments
- F1
Words in Sch. 9 para. 4(1) substituted (1.4.1993) by The Social Security Benefits (Amendments Consequential Upon the Introduction of Community Care) Regulations 1992 (S.I. 1992/3147), reg. 1(1), Sch. 1 para. 8(1)
- F2
Words in Sch. 9 para. 4(1) substituted (6.10.2003) by The Social Security (Third Party Deductions and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/2325), regs. 1, 2(2)(a)
- F3
Words in Sch. 9 para. 4(1) substituted (27.7.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 26(4)(a)(i)
- F4
Words in Sch. 9 para. 4(1)(a) inserted (6.10.2003) by The Social Security (Third Party Deductions and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/2325), regs. 1, 2(2)(b)(i)
- F5
Words in Sch. 9 para. 4(1)(a) substituted (24.10.2005) by The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), regs. 1, 13(3)(b)(i)(aa)
- F6
Word in Sch. 9 para. 4(1)(a) substituted (8.4.2002) by The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2002 (S.I. 2002/398), regs. 1, 2(3)(a)(i)
- F7
Words in Sch. 9 para. 4(1)(a) inserted (7.10.1996) by The Social Security (Claims and Payments) (Jobseekers Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/1460), regs. 1, 2(26)(d)(ii)
- F8
Words in Sch. 9 para. 4(1)(a) substituted (6.10.2003) by The Social Security (Third Party Deductions and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/2325), regs. 1, 2(2)(b)(ii)
- F9
Words in Sch. 9 para. 4(1)(a) inserted (27.7.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 26(4)(a)(ii)
- F10
Sch. 9 para. 4(1)(b)(c) substituted for Sch. 9 para. 4(1)(b) (29.10.2013) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013 (S.I. 2013/2536), regs. 1(1), 5(3)(a)
- F11
Words in Sch. 9 para. 4(1) substituted (6.10.2003) by The Social Security (Third Party Deductions and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/2325), regs. 1, 2(2)(d)(i)
- F12
Words in Sch. 9 para. 4(1) substituted (18.10.1999) by The Social Security Act 1998 (Commencement No. 11, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/2860), reg. 3(1), Sch. 3 para. 12(a)
- F13
Words in Sch. 9 para. 4(1) inserted (6.10.2003) by The Social Security (Third Party Deductions and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/2325), regs. 1, 2(2)(d)(ii)
- F14
Words in Sch. 9 para. 4(1) substituted (6.10.2003) by The Social Security (Third Party Deductions and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/2325), regs. 1, 2(2)(d)(iii)
- F15
Words in Sch. 9 para. 4(1) substituted (27.2.1989) by The Social Security (Claims and Payments and Payments on account, Overpayments and Recovery) Amendment Regulations 1989 (S.I. 1989/136), regs. 1(1), 2(7)(b)(i)(bb)
- F16
Sch. 9 para. 4(2)-(3A) substituted for Sch. 9 para. 4(2) (6.10.2003) by The Social Security (Third Party Deductions and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/2325), regs. 1, 2(2)(e)
- F17
Words in Sch. 9 para. 4(2) substituted (27.7.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 26(4)(b)(i)
- F18
Words in Sch. 9 para. 4(2)(a) substituted (29.10.2013) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013 (S.I. 2013/2536), regs. 1(1), 5(3)(b)
- F19
Sch. 9 para. 4(2)(a)(i)(ii)omitted (24.10.2005) by virtue of The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), regs. 1, 13(3)(b)(ii)
- F20
Words in Sch. 9 para. 4(2)(a) substituted (27.7.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 26(4)(b)(ii)(aa)
- F21
Words in Sch. 9 para. 4(2)(a) inserted (27.7.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 26(4)(b)(ii)(bb)
- F22
Words in Sch. 9 para. 4(2)(b) substituted (27.7.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 26(4)(b)(iii)
- F23
Words in Sch. 9 para. 4(2A) substituted (29.10.2013) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013 (S.I. 2013/2536), regs. 1(1), 5(3)(c)
- F24
Sum in Sch. 9 para. 4(2A) substituted (6.4.2026) by The Social Security Benefits Up-rating Regulations 2026 (S.I. 2026/218), regs. 1(1), 5
- F25
Word in Sch. 9 para. 4(3)(b) omitted (27.7.2008) by virtue of The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 26(4)(c)(i)
- F26
Sch. 9 para. 4(3)(d) and word added (27.7.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 26(4)(c)(ii)
- F27
Sch. 9 para. 4(4) inserted (27.2.1989) by The Social Security (Claims and Payments and Payments on account, Overpayments and Recovery) Amendment Regulations 1989 (S.I. 1989/136), regs. 1(1), 2(7)(b)(iii)
- F28
Words in Sch. 9 para. 4(4) substituted (6.10.2003) by The Social Security (Third Party Deductions and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/2325), regs. 1, 2(2)(f)
Notes on the whole SI
Textual amendments
- F1
Words in Instrument substituted (29.11.1999) by The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/3178), Sch. 6 para. 1 (with reg. 3(1)(b), Schs. 21-23)