The Jobseeker’s Allowance Regulations 1996

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Changes over time for: Section 85

Version Superseded: 08/04/2024

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Status:

Point in time view as at 10/04/2023. This version of this provision has been superseded.

Changes to legislation:

The Jobseeker’s Allowance Regulations 1996, Section 85 is up to date with all changes known to be in force on or before 08 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Special cases

85.—(1) [F1In] the case of a person to whom any paragraph in column (1) of Schedule 5 applies (applicable amounts in special cases) the amount included in the claimant’s weekly applicable amount in respect of him shall be the amount prescribed in the corresponding paragraph in column (2) of that Schedule [F2but excluding an amount for a child or young person whose [F3capital, if calculated] in accordance with Part VIII in like manner as for the claimant, would exceed £3,000, but including an amount for a child or young person whose capital falls to be treated as income in accordance with regulation 106 (1) (modification in respect of children and young persons)].

F4(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) [F7In this regulation] and Schedule 5–

[F8“partner of a person subject to immigration control" means a person–

(i)

who is not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act; or

(ii)

to whom section 115 of that Act does not apply by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000; and

(iii)

who is a member of a couple and [F9the member's] partner is subject to immigration control within the meaning of section 115(9) of that Act and section 115 of that Act applies to [F10the partner] for the purposes of exclusion from entitlement to jobseeker’s allowance;.]

[F11“person from abroad” has the meaning given in regulation 85A;]

“patient" means a person (other than a prisoner) who is regarded as receiving free in-patient treatment within the meaning of [F12regulation 2(4) and (5) of the Social Security (Hospital In-Patients) Regulations 2005];

“prisoner" means a person who—

(a)is detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court; or

(b)is on temporary release in accordance with the provisions of the Prison Act 1952 or the Prisons (Scotland) Act 1989,

other than a person [F13who is detained in hospital under the provisions of the Mental Health Act 1983, or, in Scotland, under the provisions of the [F14[F15Mental Health (Scotland) Act 1984] [F15Mental Health (Care and Treatment) (Scotland) Act 2003]] [F14Mental Health (Care and Treatment) (Scotland) Act 2003] or the Criminal Procedure (Scotland) Act 1995,]