The Jobseeker’s Allowance Regulations 1996

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

142.—(1) This regulation applies to a person in hardship who falls within paragraph (2) but not paragraph (1) of regulation 140 and is subject to the provisions of regulations 143 and 144.

(2) A person in hardship shall be treated as entitled to an income-based jobseeker’s allowance for a period commencing on whichever is the later of—

[F1 (a) in a case where regulation 46(1) applies, the 15th day of the jobseeking period; or]

F2 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) the day the claimant complies with the requirements of regulation 143,

and ending on the day before the claim is determined where [F3 the sole reason for the delay] in determining the claim is that a question arises as to whether the claimant satisfies any of the conditions of entitlement specified in section 1(2)(a) to (c) [F4 provided he satisfies the conditions of entitlement specified in paragraph (d)(ii) of subsection (2) of section 1.]

(3) An income-based jobseeker’s allowance shall be payable subject to paragraph (4) to a person in hardship even though payment to him of a jobseeker’s allowance has been suspended in accordance with regulations made by virtue of [F5 section 21 of the Social Security Act 1998] (suspension of benefit) on the ground that a doubt has arisen as to whether he satisfies the requirements of section 1(2)(a) to (c) but the allowance shall be payable only if and for so long as the claimant satisfies the other conditions of entitlement to an income-based jobseeker’s allowance.

(4) An income-based jobseeker’s allowance shall not be payable in respect of the first 14 days of the period of suspension.

(5) An income-based jobseeker’s allowance shall be payable to a person in hardship even though section 19 (circumstances in which a jobseeker’s allowance is not payable) prevents payment of a jobseeker’s allowance to him, but the allowance—

(a) shall not be payable under this paragraph in respect of the first 14 days of the period to which section 19 applies; and

(b) shall be payable thereafter only where the conditions of entitlement to an income-based jobseeker’s allowance are satisfied.

Textual Amendments

F1 Reg. 142(2)(a)(b) substituted (7.10.1996) by The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 27

F2 Reg. 142(2)(b) omitted (28.10.1996) by virtue of The Social Security and Child Support (Jobseeker’s Allowance) (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/2538), regs. 1, 2(10)(b)

F3 Words in reg. 142(2) substituted (28.10.1996) by The Social Security and Child Support (Jobseeker’s Allowance) (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/2538), regs. 1, 2(10)(c)

F4 Words in reg. 142(2) added (28.10.1996) by The Social Security and Child Support (Jobseeker’s Allowance) (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/2538), regs. 1, 2(10)(c)

F5 Words in reg. 142(3) 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), art. 3(1), Sch. 12 para. 9