The Jobseeker’s Allowance Regulations 1996

Applicable amount in urgent cases

148.—(1) For the purposes of calculating any entitlement to an income-based jobseeker’s allowance [F1 but not a joint-claim jobseeker’s allowance] under this Part—

(a) except in a case to which sub-paragraph F2 ... (c) or (d) applies, a claimant’s weekly applicable amount shall be the aggregate of—

(i) 90 per cent. of the amount applicable (reduced where appropriate in accordance with regulation 145 (applicable amount in hardship cases)) in respect of himself or, if he is a member of a couple or of a polygamous marriage, of the amount applicable in respect of both of them under paragraph 1(1), (2) or (3) of Schedule 1 or, as the case may be, the amount applicable in respect of them under regulation 84 (polygamous marriages);

(ii) the amount applicable under paragraph 2 of Schedule 1 in respect of any child or young person who is a member of his family except a child or young person whose capital, if calculated in accordance with Part VIII in like manner as for the claimant, except as provided in regulation 106(1) (modifications in respect of children and young persons), would exceed £3,000;

(iii) the amount, if applicable, specified in Part II or III of Schedule 1 (premiums);

(iv) any amounts applicable under regulation 83(f) or, as the case may be, 84(1)(g) (housing costs);

(v) the amount, if applicable, specified in paragraph 3 of Schedule 1; and

(vi) the amount of any protected sum which may be applicable to him in accordance with regulation 87(2);

F3 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) where the claimant is resident in residential accommodation, his weekly applicable amount shall[F4 , subject to paragraph (1A),] be the aggregate of—

(i) 98 per cent. of the amount referred to in column (2) of paragraph 15(1)(a) to (c) and (e) of Schedule 5 (applicable amounts in special cases) applicable to him;

(ii) the amount applicable under column (2) of paragraph 15(1)(d) of Schedule 5, in respect of any child or young person who is a member of the family, except a child or young person whose capital, if calculated in accordance with Part VIII in like manner as for the claimant, except as provided in regulation 106(1) (modifications in respect of children and young persons), would exceed £3,000;

(d) except where sub-paragraph F2 ...(c) applies, in the case of a person to whom any paragraph, other than [F5 paragraph 13A] in column (1) of Schedule 5 (special cases) applies, the amount shall be 90 per cent. of the amount applicable in column 2 of that Schedule in respect of the claimant and partner (if any), plus, if applicable—

(i) any amount in respect of a child or young person who is a member of the family except a child or young person whose capital, if calculated in accordance with Part VIII in like manner as for the claimant, except as provided in regulation 106(1) (modifications in respect of children and young persons), would exceed £3,000;

(ii) any premium under Part II or III of Schedule 1; and

(iii) any amounts applicable under regulation 83(f) or, as the case may be, 84(1)(g); and

(iv) the amount of the protected sum which may be applicable to him in accordance with regulation 87(2).

[F6 (1A) Paragraph (1)(c) shall only apply where the claimant was resident in residential accommodation on 7th April 2002 and shall only continue to apply to that claimant after that date for so long as he continues to be resident in such accommodation.]

[F6 (2) Where the calculation of a claimant’s applicable amount under this regulation results in a fraction of a penny that fraction shall be treated as a penny.]

Textual Amendments

F1 Words in reg. 148(1) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 46

F2 Words in reg. 148 omitted (8.4.2002) by S.I. 2001/3767 Sch. Pt. 2 para. 15(za)(bb) (as inserted by The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2002 (S.I. 2002/398), regs. 1, 4(3)(a))

F3 Reg. 148(1)(b) omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), Sch. Pt. 2 para. 15(a)

F4 Words in reg. 148(1)(c) inserted (8.4.2002) by The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), Sch. Pt. 2 para. 15(b)

F5 Words in reg. 148(1)(d) substituted (3.4.2000) by The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (S.I. 2000/636), regs. 1(2), reg. 4(6)

F6 Reg. 148(1A) inserted (8.4.2002) by The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), Sch. Pt. 2 para. 15(c)

Modifications etc. (not altering text)

C1 Reg. 148 applied (temp. from 28.11.2000 until 27.11.2001) by The Social Security (New Deal Pilot) Regulations 2000 (S.I. 2000/3134), regs. 1(1)(b), 10(1) (with reg. 19)

C2 Reg. 148(1)(a)(i) sum confirmed (8.4.2002 for specified purposes and with application in accordance with art. 1(2)(h)(5)) by The Social Security Benefits Up-rating Order 2002 (S.I. 2002/668), arts. 1(2)(h), 22(11), Sch. 15

C3 Reg. 148(1)(a)(ii) sum confirmed (8.4.2002 for specified purposes and with application in accordance with art. 1(2)(h)(5)) by The Social Security Benefits Up-rating Order 2002 (S.I. 2002/668), arts. 1(2)(h), 22(2)(a)

C4 Reg. 148(1)(c)(i) sum confirmed (8.4.2002 for specified purposes and with application in accordance with art. 1(2)(h)(5)) by The Social Security Benefits Up-rating Order 2002 (S.I. 2002/668), arts. 1(2)(h), 22(11), Sch. 15

C5 Reg. 148(1)(c)(ii) sum confirmed (8.4.2002 for specified purposes and with application in accordance with art. 1(2)(h)(5)) by The Social Security Benefits Up-rating Order 2002 (S.I. 2002/668), arts. 1(2)(h), 22(2)(a)

C6 Reg. 148(1)(d) sum confirmed (8.4.2002 for specified purposes and with application in accordance with art. 1(2)(h)(5)) by The Social Security Benefits Up-rating Order 2002 (S.I. 2002/668), arts. 1(2)(h), 22(11), Sch. 15

C7 Reg. 148(1)(d)(i) sum confirmed (8.4.2002 for specified purposes and with application in accordance with art. 1(2)(h)(5)) by The Social Security Benefits Up Rating Order 2002 (S.I. 2002/668), arts. 1(2)(h), 22(2)(a)