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The Jobseeker’s Allowance Regulations 1996

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Higher Pensioner Premium

12.—(1) [F1Subject to sub-paragraph (5), the] condition is that–

(a)the claimant is a single claimant or lone parent who has attained [F2the qualifying age for state pension credit] and either—

(i)satisfies one of the additional conditions specified in paragraph 14(1)(a), (c), [F3(ca), (cb),] (e), (f) [F4, (fa)] or (h); or

(ii)was entitled to either income support or income-based jobseeker’s allowance[F5, or was treated as being entitled to either of those benefits and the disability premium was or, as the case may be, would have been,] applicable to him in respect of a benefit week within 8 weeks of [F6the date he attained the qualifying age for state pension credit] and he has, subject to sub-paragraph (2), remained continuously entitled to one of those benefits since attaining that age; or

(b)the claimant has a partner and–

(i)the partner has attained the age of 80; or

(ii)the partner has attained [F2the qualifying age for state pension credit] but not the age of 80, and the additional conditions specified in paragraph 14 are satisfied in respect of him; or

(c)the claimant–

(i)has attained [F2the qualifying age for state pension credit];

[F7(ii)satisfies the requirements of either sub-head (i) or (ii) of paragraph 12(1)(a); and]

(iii)has a partner.

(2) For the purposes of this paragraph and paragraph 14–

(a)once the higher pensioner premium is applicable to a claimant, if he then ceases, for a period of eight weeks or less, to be entitled to either income support or income based jobseeker’s allowance, [F8or ceases to be treated as entitled to either of those benefits] he shall, on becoming re-entitled to either of those benefits, thereafter be treated as having been continuously entitled thereto;

(b)in so far as sub-paragraphs (1)(a)(ii) and (1)(c)(ii) are concerned, if a claimant ceases to be entitled to either income support or an income-based jobseeker’s allowance [F8or ceases to be treated as entitled to either of those benefits] for a period not exceeding eight weeks which includes [F9the date he attained the qualifying age for state pension credit], he shall, on becoming re-entitled to either of those benefits, thereafter be treated as having been continuously entitled thereto.

[F10(3) In this paragraph where a claimant’s partner is a welfare to work beneficiary, sub-paragraphs (1)(a)(ii) and (2)(b) shall apply to him as if for the words “8 weeks" there were substituted the words “[F11104 weeks]".]

[F12(4) For the purposes of this paragraph, a claimant shall be treated as having been entitled to income support or to an income-based jobseeker’s allowance throughout any period which comprises only days on which he was participating in an employment zone programme and was not entitled to–

(a)income support because, as a consequence of his participation in that programme, he was engaged in remunerative work or had income in excess of the claimant’s applicable amount as prescribed in Part IV of the Income Support Regulations; or

(b)a jobseeker’s allowance because, as a consequence of his participation in that programme, he was engaged in remunerative work or failed to satisfy the condition specified in section 2(1)(c) or in section 3(1)(a).]

[F13(5) The condition is not satisfied if—

(a)the claimant is a single claimant or a lone parent and (in either case) is a long-term patient;

(b)the claimant is a member of a couple or polygamous marriage and each member of the couple or polygamous marriage is a long-term patient; or

(c)the claimant is a member of a couple or a polygamous marriage and a member of that couple or polygamous marriage is—

(i)a long-term patient; and

(ii)the only member of the couple or polygamous marriage to whom sub-paragraph (1)(b) or (c) refers.]

Textual Amendments

F1Words in Sch. 1 para. 12(1) substituted (coming into force in accordance with reg. 1(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 3(8)(b)(i)

F8Words in Sch. 1 para. 12(2)(a)(b) inserted (3.4.2000) by The Social Security Amendment (Employment Zones) Regulations 2000 (S.I. 2000/724), regs. 1(1), 4(4)(c)(ii)

F13Sch. 1 para. 12(5) inserted (coming into force in accordance with reg. 1(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 3(8)(b)(ii)

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