The Jobseeker’s Allowance Regulations 1996

PART XI PART-WEEKS

Amount of a jobseeker’s allowance payable

150.—(1) Subject to the following provisions of this Part, the amount payable by way of an income-based jobseeker’s allowance in respect of part-week shall be calculated by applying the formula—

(a) where the claimant has no income–

; or

(b) where the claimant has an income–

where—

A is the claimant’s weekly applicable amount in the relevant week;

B is the amount of any jobseeker’s allowance, income support, maternity allowance, incapacity benefit[F1 , severe disablement allowance or employment and support allowance] payable to any member of the claimant’s family other than the claimant in respect of any day in the part-week;

I is the claimant’s weekly income in the relevant week less B;

N is the number of days in the part-week.

[F2 (1A) In relation to a joint-claim couple jointly claiming a joint-claim jobseeker’s allowance, paragraph (1) shall have effect as if the references to the claimant were references to the joint-claim couple.

(1B) Where a joint-claim couple become, or cease to be, a joint-claim couple on any day other than on the first day of a benefit week, the amount payable by way of a joint-claim jobseeker’s allowance in respect of that benefit week shall be calculated by applying the formula in paragraph (1).]

(2) Subject to the following provisions of this Part, the amount payable by way of a contribution-based jobseeker’s allowance in respect of a part-week shall be calculated by applying the formula—

where—X is the personal rate determined in accordance with section 4(1);

Y is the amount of any widow’s benefit, [F3 carer’s allowance ], training allowance and any increase in disablement pension payable in accordance with Part I of Schedule 7 to the Benefits Act (Unemployment Supplement) payable in respect of any day in the part-week;

N is the number of days in the part-week.

(3) In this Part–

“part-week" means an entitlement to a jobseeker’s allowance in respect of any period of less than a week;

“relevant week" means the period of 7 days determined in accordance with regulation 152.

Textual Amendments

F1 Words in reg. 150(1)(b) substituted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(20)

F2 Reg. 150(1A)(1B) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 48

F3 Words in reg. 150 substituted (1.4.2003) by The Social Security (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/511), regs. 1, 3(4)(5)

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

F4 151.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Reg. 151 omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), reg. 1, Sch. Pt. II para. 17

Relevant week

152.—(1) Where the part-week–

(a) is the whole period for which a jobseeker’s allowance is payable or occurs at the beginning of an award, the relevant week is the period of 7 days ending on the last day of that part-week; or

(b) occurs at the end of an award, the relevant week is the period of 7 days beginning on the first day of the part week; or

(c) occurs because a jobseeker’s allowance is not payable for any period in accordance with [F5 regulation 27A or] [F6 regulations made under section 17A or in accordance with] section 19 [F7 or 20A] of the Act (circumstances in which a jobseeker’s allowance is not payable), the relevant week is the 7 days ending immediately before the start of the next benefit week to commence for that claimant [F8 or the joint-claim couple].

(2) [F9 Except in a case to which paragraph (3) applies,] where a person has an award of a jobseeker’s allowance and his benefit week changes, for the purpose of calculating the amounts of a jobseeker’s allowance payable for the part-week beginning on the day after his last complete benefit week before the change and ending immediately before the change, the relevant week is the period of 7 days beginning on the day after the last complete benefit week.

[F10 (3) Where a joint-claim couple have an award of a joint-claim jobseeker’s allowance and their benefit week changes, for the purpose of calculating the amounts of a joint-claim jobseeker’s allowance payable for the part-week beginning on the day after their last complete benefit week before the change and ending immediately before the change, the relevant week is the period of 7 days beginning on the day after the last complete benefit week.]

Textual Amendments

F5 Words in reg. 152(1)(c) inserted (6.4.2010) by The Jobseeker’s Allowance (Sanctions for Failure to Attend) Regulations 2010 (S.I. 2010/509), regs. 1(2), 2(18)

F6 Words in reg. 152(1)(c) inserted (25.4.2011) by The Jobseeker’s Allowance (Mandatory Work Activity Scheme) Regulations 2011 (S.I. 2011/688), regs. 1, 16(g)

F7 Words in reg. 152(1)(c) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 50(a)(i)

F8 Words in reg. 152(1)(c) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 50(a)(ii)

F9 Words in reg. 152(2) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 50(b)

F10 Reg. 152(3) added (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 50(c)

Modifications etc. (not altering text)

C1 Reg. 152(1)(c) modified (22.11.2010) by The Jobseeker’s Allowance (Work for Your Benefit Pilot Scheme) Regulations 2010 (S.I. 2010/1222), regs. 1(2), 18(f)

Modification in the Calculation of Income

153.  For the purposes of regulation 150 (amount of jobseeker’s allowance payable for part-weeks) a claimant’s income and, in determining the amount payable by way of an income-based jobseeker’s allowance, the income of any person which the claimant is treated as possessing under section 12(4) [F11 , regulation 88(4) or 88ZA(3)], shall be calculated in accordance with Parts VIII, and, where applicable, IX and X subject to the following changes—

(a) any income which is due to be paid in the relevant week shall be treated as paid on the first day of that week;

(b) in determining the amount payable by way of an income-based jobseeker’s allowance, any jobseeker’s allowance, income support, maternity allowance, incapacity benefit or severe disablement allowance under the Benefits Act [F12 or employment and support allowance] payable in the relevant week but not in respect of any day in the part-week shall be disregarded;

(c) in determining the amount payable by way of a contribution-based jobseeker’s allowance, any widow’s benefit, [F13 carer’s allowance ], training allowance or any increase in disablement pension payable in accordance with Part I of Schedule 7 to the Benefits Act (Unemployment Supplement) which is payable in the relevant week but not in respect of any day in the part-week shall be disregarded;

(d) where the part-week occurs at the end of the claim, any income or any change in the amount of income of the same kind which is first payable within the relevant week but not on any day in the part-week shall be disregarded;

(e) where the part-week occurs immediately after a period in which a person was treated as engaged in remunerative work under regulation 52 (persons treated as engaged in remunerative work) any earnings which are taken into account for the purposes of determining that period shall be disregarded;

(f) where only part of the weekly amount of income is taken into account in the relevant week, the balance shall be disregarded.

Textual Amendments

F11 Words in reg. 153 substituted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 51

F12 Words in reg. 153(b) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(21)

F13 Words in reg. 153 substituted (1.4.2003) by The Social Security (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/511), regs. 1, 3(4)(5)

Reduction in certain cases

154.  The reduction to be made in accordance with Part IX (Hardship) in respect of an income based jobseeker’s allowance shall be an amount equal to one seventh of the reduction which would be made under that Part for a week multiplied by the number of days in the part-week.

Modification of section 15(2) of the Act

155.— [F14 (1)] In its application to an income-based jobseeker’s allowance [F15 but not a joint-claim jobseeker’s allowance] payable for a part-week, section 15(2)(d) shall have effect subject to the following modification—

“(d) any payment by way of an income-based jobseeker’s allowance for that period or any part of it which apart from this paragraph would be made to the claimant—

(i) shall not be made, if the amount of an income-based jobseeker’s allowance which would be payable for a period of less than a week is equal to or less than the proportion of the prescribed sum appropriate to the number of days in the part-week;

(ii) shall be at a rate equal to the difference between the amount which would be payable for a period of less than a week and the prescribed sum where that amount would be more than the prescribed sum.

[F16 (2) In its application to a joint-claim jobseeker’s allowance payable for a part-week, section 15(2)(d) shall have effect subject to the following modification—

“(d) any payment by way of a joint-claim jobseeker’s allowance for that period or any part of it which apart from this paragraph would be made to the nominated member for the purposes of section 3B—

(i) shall not be made, if the amount of joint-claim jobseeker’s allowance which would be payable for less than a week is equal to or less than the proportion of the prescribed sum appropriate to the number of days in the part-week;

(ii) shall be at a rate equal to the difference between the amount which would be payable for a period of less than a week and the prescribed sum where that amount would be more than the prescribed sum.””]

Textual Amendments

F14 Reg. 155(1): reg. 155 renumbered as reg. 155(1) (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 52

F15 Words in reg. 155(1) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 52(a)

F16 Reg. 155(2) added (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 52(b)