The Jobseeker’s Allowance Regulations 1996

1. Introductory Text

2. PART I GENERAL

   1. 1. Citation, commencement and interpretation

   2. 2. Definition of non-dependant

   3. 2A. Disapplication of section 1(1A) of the Administration Act

   4. 3. Meanings of certain expressions used in the Jobseekers Act 1995

3. PART II JOBSEEKING

   1. Chapter I Interpretation

      1. 4. Interpretation of Parts II, IV and V

   2. Chapter II Availability for Employment

      1. 5. Exceptions to requirement to be available immediately: carers, voluntary workers, persons providing a service and persons under an obligation to provide notice

      2. 6. Employment of at least 40 hours per week

      3. 7. Restriction of hours for which a person is available to 40 hours per week

      4. 8. Other restrictions on availability

      5. 9. No restrictions on pay after six months

      6. 10. Reasonable prospects of employment

      7. 11. Part-time students

      8. 12. Volunteers

      9. 13. Additional restrictions on availability for certain groups

      10. 14. Circumstances in which a person is to be treated as available

      11. 15. Circumstances in which a person is not to be regarded as available

      12. 16. Further circumstances in which a person is to be treated as available: permitted period

      13. 17. Laid off and short-time workers

      14. 17A. Further circumstances in which a person is to be treated as available: full-time students participating in a qualifying course

   3. Chapter III Actively Seeking Employment

      1. 18. Steps to be taken by persons actively seeking employment

      2. 18A. Actively seeking employment in the period at the beginning of a claim

      3. 19. Circumstances in which a person is to be treated as actively seeking employment

      4. 20. Further circumstances in which a person is to be treated as actively seeking employment: permitted period

      5. 21. Further circumstances in which a person is to be treated as actively seeking employment: laid off and short-time workers

      6. 21A. Further circumstances in which a qualifying person is to be treated as actively seeking employment: full-time students participating in a qualifying course

      7. 22. Interpretation of certain expressions for the purposes of regulations 18(3)(f)(i) and 19(1)(d)

   4. Chapter IV Attendance, Information and Evidence

      1. 23. Attendance

      2. 24. Provision of information and evidence

      3. 25. Entitlement ceasing on a failure to comply

      4. 26. Time at which entitlement is to cease

      5. 27. Where entitlement is not to cease

      6. 28. Matters to be taken into account in determining whether a claimant has good cause for failing to comply with a notice under regulation 23

      7. 29. Matters to be taken into account in determining whether a claimant has good cause for failing to provide a signed declaration

      8. 30. Circumstances in which a claimant is to be regarded as having good cause for failing to comply with a notice under regulation 23

   5. Chapter V Jobseeker’s Agreement

      1. 31. Contents of Jobseeker’s Agreement

      2. 32. Back-dating of a Jobseeker’s Agreement ...

      3. 33. Notification of Determinations and Directions under Section 9

      4. 34. Jobseeker’s Agreement treated as having been made

      5. 35. Automatic Back-dating of Jobseeker’s Agreement

      6. 36. Jobseeker’s Agreement to remain in effect

      7. 37. Variation of Jobseeker’s Agreement

      8. 38. Direction to vary Agreement: time for compliance

      9. 39. Variation of Agreement: matters to be taken into account

      10. 40. Notification of Determinations and Directions under Section 10

      11. 41. Procedure for Reviews

      12. 42. Appeals to Social Security Appeal Tribunal

      13. 43. Direction of Social Security Appeal Tribunal: time limit for compliance

      14. 44. Appeals to the Commissioner

      15. 45. Appropriate person

4. PART III OTHER CONDITIONS OF ENTITLEMENT

   1. 46. Waiting Days

   2. 47. Jobseeking Period

   3. 47A. Jobseeking periods: periods of interruption of employment

   4. 48. Linking Periods

   5. 49. Persons approaching Retirement and the Jobseeking Period

   6. 50. Persons temporarily absent from Great Britain

   7. 51. Remunerative Work

   8. 52. Persons treated as engaged in remunerative work

   9. 53. Persons treated as not engaged in remunerative work

   10. 54. Relevant education

   11. 55. Short periods of sickness

   12. 56. Prescribed amount of earnings

5. PART IV YOUNG PERSONS

   1. 57. Interpretation of Part IV

   2. 58. Young persons to whom section 3(1)(f)(iii) applies

   3. 59. Young persons in the child benefit extension period

   4. 60. Young persons at the end of the child benefit extension period

   5. 61. Other young persons in prescribed circumstances

   6. 62. Registration

   7. 63. Reduced payments under section 17

   8. 64. Availability for employment

   9. 65. Active seeking

   10. 65A. Attendance, information and evidence

   11. 66. The jobseeker’s agreement

   12. 67. Sanctions

   13. 68. Reduced amount of allowance

6. PART V SANCTIONS

   1. 69. Prescribed period for purposes of section 19(2)

   2. 70. Sanctions of discretionary length

   3. 71. Voluntary Redundancy

   4. 72. Good Cause for the purposes of section 19(5)(a) and (6)(c) and (d)

   5. 73. Good Cause for the purposes of section 19(5)(b)

   6. 74. Person of prescribed description for the purpose of section 20(3)

   7. 74A. Person in receipt of a training allowance

   8. 75. Interpretation

7. PART VI MEMBERSHIP OF THE FAMILY

   1. 76. Persons of a prescribed description

   2. 77. Circumstances in which a person is to be treated as responsible or not responsible for another

   3. 78. Circumstances in which a person is to be treated as being or not being a member of the household

8. PART VII AMOUNTS

   1. 79. Weekly amounts of contribution-based jobseeker’s allowance

   2. 80. Deductions in respect of earnings

   3. 81. Payments by way of Pensions

   4. 82. Income-based jobseeker’s allowance

   5. 83. Applicable amounts

   6. 84. Polygamous Marriages

   7. 85. Special cases

   8. 86. Applicable amounts for persons in residential care and nursing homes

   9. 87. Transitional supplement to income-based jobseeker’s allowance

   10. 87A. Where the amount of a jobseeker’s allowance is less than...

9. PART VIII INCOME AND CAPITAL

   1. Chapter I General

      1. 88. Calculation of income and capital of members of claimant’s family and of a polygamous marriage

      2. 88A. Income of participants in the self-employment route of the Employment Option of the New Deal

      3. 89. Liable relative payments

      4. 90. Child support

      5. 91. Calculation of income and capital of full-time students

      6. 92. Rounding of fractions

   2. Chapter II Income

      1. 93. Calculation of income

      2. 94. Calculation of earnings derived from employed earner’s employment and income other than earnings

      3. 95. Calculation of earnings of self-employed earners

      4. 96. Date on which income is treated as paid

      5. 97. Calculation of weekly amount of income

   3. Chapter III Employed Earners

      1. 98. Earnings of employed earners

      2. 99. Calculation of net earnings of employed earners

   4. Chapter IV Self-Employed Earners

      1. 100. Earnings of self-employed earners

      2. 101. Calculation of net profit of self-employed earners

      3. 102. Deduction of tax and contributions for self-employed earners

   5. Chapter IVA Participants in the Self-Employment Route of the Employment Option of the New Deal

      1. 102A. Interpretation

      2. 102B. Treatment of gross receipts of participants in the self-employment route of the Employment Option of the New Deal

      3. 102C. Calculation of income of participants in the self-employment route of the Employment Option of the New Deal

      4. 102D. Deduction in respect of tax for participants in the self-employment route of the Employment Option of the New Deal

   6. Chapter V Other Income

      1. 103. Calculation of income other than earnings

      2. 104. Capital treated as income

      3. 105. Notional income

      4. 106. Modifications in respect of children and young persons

   7. Chapter VI Capital

      1. 107. Capital limit

      2. 108. Calculation of capital

      3. 109. Disregard of capital of child or young person

      4. 110. Income treated as capital

      5. 111. Calculation of capital in the United Kingdom

      6. 112. Calculation of capital outside the United Kingdom

      7. 113. Notional capital

      8. 114. Diminishing notional capital rule

      9. 115. Capital jointly held

      10. 116. Calculation of tariff income from capital

   8. Chapter VII Liable Relatives

      1. 117. Interpretation

      2. 118. Treatment of liable relative payments

      3. 119. Disregard of payments treated as not relevant income

      4. 120. Period over which periodical payments are to be taken into account

      5. 121. Period over which payments other than periodical payments are to be taken into account

      6. 122. Calculation of the weekly amount of a liable relative payment

      7. 123. Date on which a liable relative payment is to be treated as paid

      8. 124. Liable relative payments to be treated as capital

   9. Chapter VIII Child Support

      1. 125. Interpretation

      2. 126. Treatment of child support maintenance

      3. 127. Disregard of payments treated as not relevant income

      4. 128. Calculation of the weekly amount of child support maintenance

      5. 129. Date on which child support maintenance is to be treated as paid

   10. Chapter IX Students

       1. 130. Interpretation

       2. 131. Calculation of grant income

       3. 132. Calculation of covenant income where a contribution is assessed

       4. 133. Covenant income where no grant income or no contribution is assessed

       5. 134. Relationship with amounts to be disregarded under Schedule 7

       6. 135. Other amounts to be disregarded

       7. 136. Treatment of student loans

       8. 136A. Treatment of payments from access funds

       9. 137. Disregard of contribution

       10. 137A. Further disregard of student’s income

       11. 138. Income treated as capital

       12. 139. Disregard of changes occurring during summer vacation

10. PART IX HARDSHIP

    1. 140. Meaning of “person in hardship"

    2. 140A. Period when a person is not a person in hardship

    3. 141. Circumstances in which an income-based jobseeker’s allowance is payable to a person in hardship

    4. 142. Further circumstances in which an income-based jobseeker’s allowance is payable to a person in hardship

    5. 143. Conditions for hardship payments

    6. 144. Provision of information

    7. 145. Applicable amount in hardship cases

    8. 146. Payments made on account of suspended benefit

11. PART X URGENT CASES

    1. 147. Urgent cases

    2. 148. Applicable amount in urgent cases

    3. 149. Assessment of income and capital in urgent cases

12. PART XI PART-WEEKS

    1. 150. Amount of a jobseeker’s allowance payable

    2. 151. Amount of a jobseeker’s allowance payable where a person is in a residential care or nursing home

    3. 152. Relevant week

    4. 153. Modification in the Calculation of Income

    5. 154. Reduction in certain cases

    6. 155. Modification of section 15(2) of the Act

13. PART XII SPECIAL CATEGORIES SHARE FISHERMEN, PERSONS OUTSIDE GREAT BRITAIN AND MEMBERS OF THE FORCES

    1. Chapter I Share Fishermen

       1. 156. Interpretation

       2. 157. Special provisions in respect of share fishermen

       3. 158. Modifications of section 2

       4. 159. Modifications of sections 19 and 20

       5. 160. Modification of section 35

       6. 161. Additional conditions for payment of a jobseeker’s allowance

       7. 162. Remunerative work

       8. 163. Calculation of earnings

       9. 164. Amount payable

    2. Chapter II Persons Outside Great Britain

       1. 165. Amendment of the Social Security Benefit (Persons Abroad) Regulations

       2. 166. Amendment of the Social Security (Mariners’ Benefits) Regulations

       3. 167. Modification of contribution conditions for volunteer development workers

    3. Chapter III Members of the Forces

       1. 168. Amendment to the Social Security Benefit (Members of the Forces) Regulations

14. PART XIII MISCELLANEOUS

    1. Recovery of Maintenance

       1. 169. Recovery orders

    2. Training Allowance

       1. 170. Persons in receipt of a training allowance

    3. Trade Disputes

       1. 171. Trade disputes: exemptions from section 15 of the Act

       2. 172. Trade disputes: prescribed sum

15. Signature

16. SCHEDULES

    1. SCHEDULE 1

       APPLICABLE AMOUNTS

       1. PART 1 PERSONAL ALLOWANCES

          1. 1. The weekly amounts specified in column (2) below in respect...

          2. 2. (1) The weekly amounts specified in column (2) below in...

          3. 3. (1) The weekly amount for the purposes of regulations 83(c)...

       2. PART II FAMILY PREMIUM

          1. 4. (1) The weekly amount for the purposes of regulations 83(d)...

       3. PART III PREMIUMS

          1. 5. Except as provided in paragraph 6, the weekly premiums specified...

          2. 6. Subject to paragraph 7, where a claimant satisfies the conditions...

          3. 7. (1) The severe disability premium to which paragraph 15 applies...

          4. 8. (1) Subject to sub-paragraph (2) for the purposes of this...

          5. 9. Lone Parent Premium

          6. 10. Pensioner premium for persons over 60

          7. 11. Pensioner premium where claimant’s partner has attained the age of 75

          8. 12. Higher Pensioner Premium

          9. 13. Disability Premium

          10. 14. Additional Conditions for Higher Pensioner and Disability Premium

          11. 15. Severe Disability Premium

          12. 16. Disabled Child Premium

          13. 17. Carer Premium

          14. 18. Persons in receipt of concessionary payments

          15. 19. Person in receipt of benefit

       4. PART IV WEEKLY AMOUNTS OF PREMIUMS SPECIFIED IN PART III

       5. PART V ROUNDING OF FRACTIONS

          1. 21. Where an income-based jobseeker’s allowance is awarded for a period...

    2. SCHEDULE 2

       HOUSING COSTS

       1. 1. Housing Costs

       2. 2. Circumstances in which a person is liable to meet housing costs

       3. 3. Circumstances in which a person is to be treated as occupying a dwelling as his home

       4. 4. Housing costs not met

       5. 5. Apportionment of housing costs

       6. 6. Existing housing costs

       7. 7. New housing costs

       8. 8. General exclusions from paragraphs 6 and 7

       9. 9. The calculation for loans

       10. 10. General provisions applying to new and existing housing costs

       11. 11. The standard rate

       12. 12. Excessive Housing Costs

       13. 13. Linking rule

       14. 14. Loans on residential property

       15. 15. Loans for repairs and improvements to the dwelling occupied as the home

       16. 16. Other housing costs

       17. 17. Non-dependant deductions

       18. 18. Continuity with Income Support

       19. 19. Rounding of Fractions

    3. SCHEDULE 3

       THE GREATER LONDON AREA

       1. The area described in this Schedule comprises—

    4. SCHEDULE 4

       APPLICABLE AMOUNTS OF PERSONS IN RESIDENTIAL CARE AND NURSING HOMES

       1. 1. (1) Subject to sub-paragraph (2), the weekly applicable amount of...

       2. 2. (1) Where, in addition to the weekly charge for accommodation,...

       3. 3. Where any part of the weekly charge for the accommodation...

       4. 4. (1) Subject to paragraph 10 the maximum referred to in...

       5. 5. Residential care homes

       6. 6. Nursing homes

       7. 7. The appropriate amount applicable to a claimant in a residential...

       8. 8. (1) Where more than one amount would otherwise be applicable,...

       9. 9. (1) Where the accommodation provided for the claimant is a...

       10. 10. Circumstances in which the maximum is not to apply

       11. 11. Personal allowances

    5. SCHEDULE 5

       APPLICABLE AMOUNTS IN SPECIAL CASES

       1. Column (1) Column (2) Person other than claimant who is...

       2. 18. Rounding of fractions

    6. SCHEDULE 6

       SUMS TO BE DISREGARDED IN THE CALCULATION OF EARNINGS

       1. 1. In the case of a claimant who has been engaged...

       2. 2. In the case of a claimant who, before the date...

       3. 3. Any payment to which regulation 98(1)(f) applies—

       4. 4. In the case of a claimant who has been engaged...

       5. 5. (1) In a case to which this paragraph applies, £15;...

       6. 6. In a case where the claimant is a lone parent...

       7. 7. (1) In a case to which neither paragraph 5 or...

       8. 8. Where the carer premium is awarded in respect of a...

       9. 9. (1) In a case to which none of paragraphs 5...

       10. 10. Where the claimant is engaged in one or more employments...

       11. 11. Where the claimant is a member of a couple ...–...

       12. 12. In a case to which none of paragraphs 5 to...

       13. 13. Notwithstanding the foregoing provisions of this Schedule, where two or...

       14. 14. Any earnings derived from employment which are payable in a...

       15. 15. Where a payment of earnings is made in a currency...

       16. 16. Any earnings which are due to be paid before the...

       17. 17. Any earnings of a child or young person except earnings...

       18. 18. In the case of earnings of a child or young...

       19. 19. In the case of a claimant who–

       20. 20. In this Schedule “part-time employment" means employment in which the...

       21. 21. In paragraph 5(7)(b) “permitted period" means a period determined in...

    7. SCHEDULE 7

       SUMS TO BE DISREGARDED IN THE CALCULATION OF INCOME OTHER THAN EARNINGS

       1. 1. Any amount paid by way of tax on income which...

       2. 2. Any payment in respect of any expenses incurred by a...

       3. 3. In the case of employment as an employed earner, any...

       4. 4. In the case of a payment of statutory sick pay...

       5. 5. In the case of the payment of statutory sick pay...

       6. 6. Any housing benefit.

       7. 7. The mobility component of disability living allowance, or any mobility...

       8. 8. Any concessionary payment made to compensate for the non-payment of—...

       9. 9. Any mobility supplement or any payment intended to compensate for...

       10. 10. Any attendance allowance or the care component of disability living...

       11. 11. Any payment to the claimant as holder of the Victoria...

       12. 12. Any– education maintenance allowance payable by virtue of regulations made...

       13. 13. In the case of a claimant to whom regulation 11...

       14. 14. In the case of a claimant participating in arrangements for...

       15. 15. (1) Subject to sub-paragraph (3) and paragraphs 38, 39 and...

       16. 16. (1) Subject to the following provisions of this paragraph, in...

       17. 16A. (1) Subject to sub-paragraphs (2) and (3), where a claimant—...

       18. 17. Subject to paragraphs 38 and 39, £10 of any of...

       19. 18. Where a claimant receives income under an annuity purchased with...

       20. 19. Any payment made to the claimant by a person who...

       21. 20. Where the claimant occupies a dwelling as his home and...

       22. 21. Where the claimant occupies a dwelling as his home and...

       23. 22. (1) Subject to sub-paragraphs (2) and (3), except where regulation...

       24. 23. (1) Any income derived from capital to which the claimant...

       25. 24. Any income which is payable in a country outside the...

       26. 25. Where a payment of income is made in a currency...

       27. 26. (1) Any payment made to the claimant in respect of...

       28. 27. Any payment made by a local authority to the claimant...

       29. 28. Any payment made to the claimant or his partner for...

       30. 29. Except in the case of a person who is, or...

       31. 30. (1) Subject to sub-paragraph (2), any payment received under an...

       32. 31. (1) Except where paragraph 30 or 31A applies, and subject...

       33. 31A. (1) Subject to sub-paragraph (2), any payment received under an...

       34. 32. (1) Subject to sub-paragraphs (2) and (3), in the case...

       35. 33. Any social fund payment made pursuant to Part VIII of...

       36. 34. Any payment of income which under regulation 110 (income treated...

       37. 35. Any payment under Part X of the Benefits Act (pensioner’s...

       38. 36. In the case of a person who is, or would...

       39. 37. Any payment which is due to be paid before the...

       40. 38. The total of a claimant’s income or, if he is...

       41. 39. Notwithstanding paragraph 38, where two or more payments of the...

       42. 40. Any resettlement benefit which is paid to the claimant by...

       43. 41. (1) Any payment made under the Macfarlane Trust, the Macfarlane...

       44. 42. Any payment made by the Secretary of State to compensate...

       45. 43. Any payment made to a juror or a witness in...

       46. 44. Any community charge benefit.

       47. 45. Any payment in consequence of a reduction of a personal...

       48. 46. Any special war widows payment made under—

       49. 47. (1) Any payment or repayment made– (a) as respects England...

       50. 48. Any payment made under regulation 9 to 11 or 13...

       51. 49. Any payment made either by the Secretary of State for...

       52. 50. Any payment (other than a training allowance) made, whether by...

       53. 51. Any council tax benefit.

       54. 52. Where the claimant is in receipt of any benefit under...

       55. 53. Any supplementary pension under article 29(1A) of the Naval, Military...

       56. 54. In the case of a pension awarded at the supplementary...

       57. 55. (1) Any payment which is– (a) made under any of...

       58. 56. Any payment made under the Community Care (Direct Payments) Act...

       59. 57. (1) Subject to paragraph 58, any Career Development Loan paid...

       60. 58. Any Career Development Loan paid to the claimant pursuant to...

       61. 59. (1) Any payment specified in sub-paragraph (2) to a claimant...

       62. 60. Any mandatory top-up payment made to a person pursuant to...

       63. 61. Any discretionary payment to meet, or to help to meet,...

       64. 62. (1) Subject to sub-paragraph (2), in the case of a...

       65. 63. (1) Subject to sub-paragraph (2), any discretionary payment made pursuant...

       66. 64. Any payment which falls to be treated as notional income...

       67. 65. Any child care expenses reimbursed to the claimant in respect...

       68. 66. Any top-up payment made to a person (“the participant”) pursuant...

       69. 67. (1) Any payment of a sports award except to the...

       70. 68. Where the amount of a subsistence allowance paid to a...

       71. 69. In the case of a claimant participating in an employment...

    8. SCHEDULE 8

       CAPITAL TO BE DISREGARDED

       1. 1. The dwelling occupied as the home but, notwithstanding regulation 88,...

       2. 2. Any premises acquired for occupation by the claimant which he...

       3. 3. Any sum directly attributable to the proceeds of sale of...

       4. 4. Any premises occupied in whole or in part by—

       5. 5. Where a claimant has ceased to occupy what was formerly...

       6. 6. Any premises where the claimant is taking reasonable steps to...

       7. 7. Any premises which the claimant intends to occupy as his...

       8. 8. Any premises which the claimant intends to occupy as his...

       9. 9. Any grant made to the claimant in accordance with a...

       10. 10. Any future interest in property of any kind, other than...

       11. 11. (1) The assets of any business owned in whole or...

       12. 12. Any arrears of, or any concessionary payment made to compensate...

       13. 13. Any sum— (a) paid to the claimant in consequence of...

       14. 14. Any sum— (a) deposited with a housing association as defined...

       15. 15. Any personal possessions except those which have or had been...

       16. 16. The value of the right to receive any income under...

       17. 17. Where the funds of a trust are derived from a...

       18. 18. The value of the right to receive any income under...

       19. 19. The value of the right to receive any income which...

       20. 20. The surrender value of any policy of life insurance.

       21. 21. Where any payment of capital falls to be made by...

       22. 22. Except in the case of a person who is, or...

       23. 23. Any social fund payment made pursuant to Part VIII of...

       24. 24. Any refund of tax which falls to be deducted under...

       25. 25. Any capital which under regulation 104, 106(1) or 136 (capital...

       26. 26. Where a payment of capital is made in a currency...

       27. 27. (1) Any payment made under the Macfarlane Trust, the Macfarlane...

       28. 28. The value of the right to receive an occupational or...

       29. 29. The value of any funds held under a personal pension...

       30. 30. The value of the right to receive any rent except...

       31. 31. Any payment in kind made by a charity or under...

       32. 32. £200 of any payment or, if the payment is less...

       33. 33. Any payment made by the Secretary of State to compensate...

       34. 34. Any payment made to a juror or a witness in...

       35. 35. Any payment in consequence of a reduction of a personal...

       36. 36. (1) Any payment or repayment made– (a) as respects England...

       37. 37. Any payment made under regulation 9 to 11 or 13...

       38. 38. Any payment made either by the Secretary of State for...

       39. 39. Any arrears of special war widows payment which is disregarded...

       40. 40. Any payment (other than a training allowance, or a training...

       41. 41. Any payment made by a local authority under section 3...

       42. 42. Any sum of capital administered on behalf of a person...

       43. 43. Any sum of capital administered on behalf of a person...

       44. 44. Any payment to the claimant as holder of the Victoria...

       45. 45. Any mandatory top-up payment made to a person pursuant to...

       46. 46. Any discretionary payment to meet, or to help to meet,...

       47. 47. In the case of a person who is receiving, or...

       48. 48. Any discretionary payment made pursuant to section 2 of the...

       49. 49. Any child care expenses reimbursed to the claimant in respect...

       50. 50. Any top-up payment made to a person (“the participant”) pursuant...

       51. 51. (1) Any payment of a sports award for a period...

       52. 52. Any education maintenance allowance payable by virtue of regulations made...

       53. 53. In the case of a claimant participating in an employment...

       54. 54. Any arrears of subsistence allowance paid as a lump sum...

       55. 55. Any payment made to a person under regulation 11 of...

17. Explanatory Note