The Jobseeker’s Allowance Regulations 1996

[F1 Entitlement of a member of a joint-claim couple to a jobseeker’s allowance without a claim being made jointly by the couple

3E.— (1) A member of a joint-claim couple is entitled to a jobseeker’s allowance if, without making a claim jointly for that allowance with the other member of the couple—

(a) he satisfies the conditions set out in section 1(2) (a) to (c) and (e) to (i);

(b) he satisfies the conditions set out in section 3; and

(c) the other member of that couple fails to meet the conditions of entitlement set out in section 1(2B)(b) and is a person to whom paragraph (2) applies.

(2) This paragraph applies to a member of a joint-claim couple—

(a) who has failed to attend at the time and place specified by the employment officer for the purposes of regulation 6 of the Claims and Payments Regulations;

(b) in respect of whom it has been determined by the Secretary of State that the conditions in section 1(2)(a) to (c) have not been satisfied but only for so long as it has been so determined in respect of that member;

(c) who is temporarily absent from Great Britain;

(d) who is a person from abroad as defined for the purposes of regulation [F2 85A] and Schedule 5;

(e) who is subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act;

(f) who is over pensionable age;

(g) who is engaged, or has agreed to be engaged, in remunerative work for [F3 16 hours or more] per week but less than 24 hours per week;

(h) who has claimed a maternity allowance payable in accordance with section 35 of the Benefits Act or who has claimed statutory maternity pay payable in accordance with Part XII of that Act;

(i) who is or has been pregnant and to whom sub-paragraph (h) does not apply but only for the period commencing 11 weeks before the expected week of confinement and ending [F4 twenty eight weeks after the date on which the pregnancy ends];

(j) in respect of whom there is an Order in Council under section 179 of the Administration Act giving effect to a reciprocal agreement which, for the purposes of jobseeker’s allowance, has effect as if a payment made by another country is to be treated as a payment of a jobseeker’s allowance; F5 ...

(k) who is in receipt of statutory sick pay and who, immediately before he became incapable of work, was engaged in remunerative work for [F6 16 hours or more] per week [F7 or

[F7 (1) where the other member was entitled to an income-based jobseeker’s allowance on [F8 24th February 2008], save that this sub-paragraph shall apply only until the day on which he is required to attend at a place specified by an employment officer in a notification given or sent to him.]]]

Textual Amendments

F1 Pt. 1A inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), regs. 1(1), 2(2)

F2 Word in reg. 3E(2)(d) substituted (2.4.2007) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(2), 3(3)

F3 Words in reg. 3E(2)(g) substituted (19.3.2001) by The Social Security Amendment (Joint Claims) Regulations 2001 (S.I. 2001/518), regs. 1(2), 2(4)

F4 Words in reg. 3E(2)(i) substituted (6.4.2010) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(1), 4(4)

F5 Word in reg. 3E(2)(j) omitted (28.10.2002) by virtue of The Jobseeker’s Allowance (Joint Claims) Amendment Regulations 2002 (S.I. 2002/1701), regs. 1, 2(b)(i)

F6 Words in reg. 3E(2)(k) substituted (19.3.2001) by The Social Security Amendment (Joint Claims) Regulations 2001 (S.I. 2001/518), regs. 1(2), 2(4)

F7 Reg. 3E(2)(l) and word added (28.10.2002) by The Jobseeker’s Allowance (Joint Claims) Amendment Regulations 2002 (S.I. 2002/1701), regs. 1, 2(b)(ii)

F8 Words in reg. 3E(2)(l) substituted (25.2.2008) by The Jobseeker’s Allowance (Joint Claims) Amendment Regulations 2008 (S.I. 2008/13), regs. 1, 2(3)