{
  "url": "https://openlegislation.uk/social-security-claims-and-payments-regulations-1987/schedule-9/paragraph-4",
  "json_url": "https://openlegislation.uk/social-security-claims-and-payments-regulations-1987/schedule-9/paragraph-4.json",
  "legislation": "uksi/1987/1968",
  "legislation_title": "The Social Security (Claims and Payments) Regulations 1987",
  "legislation_url": "https://openlegislation.uk/social-security-claims-and-payments-regulations-1987",
  "path": "schedule/9/paragraph/4",
  "kind": "paragraph",
  "number": "4",
  "heading": "Miscellaneous accommodation costs",
  "text": "(1) Where an award of income support , jobseeker’s allowance , state pension credit or employment and support allowance—\n(a) in the case of income support is made to a person residing in a care home, an Abbeyfield Home or an independent hospital as defined in regulation 2(1) of the Income Support Regulations or, in the case of jobseeker’s allowance regulation 1(3) of the Jobseeker’s Allowance Regulations or in the case of employment and support allowance, regulation 2(1) of the Employment and Support Allowance Regulations, or\n(b) 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\n(c) in the case of state pension credit, is made to a person residing in—\n(i) a care home as defined in regulation 1(2) of the State Pension Credit Regulations;\n(ii) an independent hospital as defined in regulation 1(2) of those Regulations;\n(iii) an establishment run by the Abbeyfield Society (including all bodies corporate or incorporate which are affiliated to the Society); or\n(iv) 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,\n(or to a person who is only temporarily absent from such accommodation) the Secretary 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 hereafter in this paragraph referred to as “miscellaneous accommodation costs, but, except 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 run 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.\n(2) Subject to sub-paragraphs (3) and (3A), the amount of any payment of income support, jobseeker’s allowance, state pension credit or employment and support allowance to a third party determined under sub-paragraph (1) shall be—\n(a) in a case where the beneficiary is not in accommodation as specified in sub-paragraph (1)(c)(ii),\n(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\nan amount equal to the award of income support, jobseeker’s allowance , 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 , 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\n(b) in any other case, the amount of the award of income support, jobseeker’s allowance , guarantee credit or employment and support allowance, excluding the amount allowed by sub-paragraph (2A) in respect of personal expenses.\n(2A) The amount in respect of personal expenses where a beneficiary is in accommodation referred to in paragraphs 4(1)(a) , (b) or (c) shall be—\n(a) for a single person the sum of £33.55;\n(b) for a couple where both members of the couple are in such accommodation, £33.55 or each member;\n(c) for a member of a polygamous marriage where more than one member is in such accommodation, £33.55 for each member in such accommodation.\n(3) This sub-paragraph shall apply where an award is made of—\n(a) income support calculated in accordance with Part VII of the Income Support Regulations (calculation of income support for part-weeks); or\n(b) jobseeker’s allowance calculated in accordance with Part XI of the Jobseeker’s Allowance Regulations (part-weeks); ...\n(c) 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; or\n(d) 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).\n(3A) 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—\n(a) the income of the beneficiary, if any; and\n(b) the amount allowed for personal expenses by sub-paragraph (2A) above,\nthe 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.\n(4) Where the amount calculated under sub-paragraphs (2) or (3A) is such that paragraph 2(2) would operate to prevent any payment under this paragraph being made the amount shall be adjusted so that 10 pence of the award is payable to the beneficiary.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F12",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F13",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F14",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F15",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F16",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F17",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F18",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F19",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F20",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F21",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F22",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F23",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F24",
      "text": "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"
    },
    {
      "type": "F",
      "label": "F25",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F26",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F27",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F28",
      "text": "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)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1987/1968/schedule/9/paragraph/4",
    "retrieved_at": "2026-10-29T16:17:50.477745+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}