The Jobseeker’s Allowance Regulations 1996

Payments by way of Pensions

81.—(1) The deduction in respect of pension payments [F1 , PPF payments or FAS payments] from the amount which apart from this regulation would be payable to a claimant by way of a contribution-based jobseeker’s allowance for any week shall be a sum equal to the amount by which that payment exceeds or, as the case may be, the aggregate of those payments exceed £50 per [F2 benefit week].

[F3 (1A) Where pension payments[F1 , PPF payments or FAS payments] first begin to be made to a person for a period starting other than on the first day of a benefit week, the deduction referred to in paragraph (1) shall have effect from the beginning of that benefit week.

(1B) Where pension payments[F1 , PPF payments or FAS payments] are already in payment to a person and a change in the rate or payment takes effect in a week other than at the beginning of the benefit week, the deduction referred to in paragraph (1) shall have effect from the first day of that benefit week.]

(2) In determining the amount of any pension payments[F1 , PPF payments or FAS payments] for the purposes of paragraph (1), there shall be disregarded—

F4 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5 (c) any payments from a personal pension scheme, an occupational pension scheme or a public service pension scheme which are payable to him and which arose in accordance with the terms of such a scheme on the death of a person who was a member of the scheme in question][F6 ; and

(d) any PPF payments or FAS payments which are payable to him and which arose on the death of a person who had an entitlement to such payments.]

(3) Subject to the provisions of paragraph (2), where a pension payment[F7 , PPF payment or FAS payment], or an aggregate of such payments, as the case may be, is paid to a person for a period other than a week, such payments shall be treated as being made to that person by way of weekly pension payments[F8 , weekly PPF payments or weekly FAS payments] and the weekly amount shall be determined—

(a) where payment is made for a year, by dividing the total by 52;

(b) where payment is made for three months, by dividing the total by 13;

(c) where payment is made for a month, by multiplying the total by 12 and dividing the result by 52;

(d) where payment is made for two or more months, otherwise than for a year or for three months, by dividing the total by the number of months, multiplying the result by 12 and dividing the result of that multiplication by 52; or

(e) in any other case, by dividing the amount of the payment by the number of days in the period for which it is made and multiplying the result by 7.

Textual Amendments

F1 Words in reg. 81(1)(1A)(1B)(2) inserted (5.5.2006) by The Social Security (PPF Payments and FAS Payments) (Consequential Amendments) Regulations 2006 (S.I. 2006/1069), regs. 1(1), 5(a)

F2 Words in reg. 81(1) substituted (7.10.1996) by The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 19(2)

F3 Reg. 81(1A)(1B) inserted (7.10.1996) by The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 19(3)

F4 Reg. 81(2)(a)(b) omitted (7.10.1996) by virtue of The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 19(4)

F5 Reg. 81(2)(c) substituted (7.4.1997) by The Social Security (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/454), regs. 1(c), 2(9)

F6 Reg. 81(2)(d) and word inserted (5.5.2006) by The Social Security (PPF Payments and FAS Payments) (Consequential Amendments) Regulations 2006 (S.I. 2006/1069), regs. 1(1), 5(b)

F7 Words in reg. 81(3) inserted (5.5.2006) by The Social Security (PPF Payments and FAS Payments) (Consequential Amendments) Regulations 2006 (S.I. 2006/1069), regs. 1(1), 5(c)(i)

F8 Words in reg. 81(3) inserted (5.5.2006) by The Social Security (PPF Payments and FAS Payments) (Consequential Amendments) Regulations 2006 (S.I. 2006/1069), regs. 1(1), 5(c)(ii)