The Jobseeker’s Allowance Regulations 1996

[F1 [F2 Previous entitlement to income support[F3 , income-related employment and support allowance] or state pension credit]

1A.— (1) Where a claimant or his partner was in receipt of or was treated as being in receipt of income support [F4 or income-related employment and support allowance] not more than 12 weeks before one of them becomes entitled to income-based jobseeker’s allowance or, where the claimant or his partner is a person to whom paragraph 13(2) or (10) (linking rules) refers, not more than 26 weeks before becoming so entitled and—

(a) the applicable amount for income support [F4 or income-related employment and support allowance] included an amount in respect of housing costs under [F5 paragraphs 15 to 17] of Schedule 3 to the Income Support Regulations [F6 or paragraphs 16 to 18 of Schedule 6 to the Employment and Support Allowance Regulations]; and

(b) the circumstances affecting the calculation of those housing costs remain unchanged since the last calculation of those costs,

the applicable amount in respect of housing costs for income-based jobseeker’s allowance shall be the applicable amount in respect of those costs current when entitlement to income support [F4 or income-related employment and support allowance] was last determined.

[F7 (1ZA) Where a claimant or his partner was in receipt of state pension credit not more than 12 weeks before one of them becomes entitled to income-based jobseeker’s allowance or, where the claimant or his partner is a person to whom paragraph 13(2) or (10) (linking rules) refers, not more than 26 weeks before becoming so entitled, and—

(a) the appropriate minimum guarantee included an amount in respect of housing costs under paragraphs 11 to 13 of Schedule II to the State Pension Credit Regulations 2002; and

(b) the circumstances affecting the calculation of those housing costs remain unchanged since the last calculation of those costs,

the applicable amount in respect of housing costs for income-based jobseekers allowance shall be the amount applicable in respect of those costs current when entitlement to state pension credit was last determined.]

[F8 (1A) Where either member of a joint-claim couple was in receipt of or treated as being in receipt of income support [F4 or income-related employment and support allowance] not more than 12 weeks before the couple becomes entitled to a joint-claim jobseeker’s allowance, or, where either member is a person to whom paragraph 13(2) or (10) (linking rules) refers, not more than 26 weeks before becoming so entitled and—

(a) the applicable amount for income support [F4 or income-related employment and support allowance] included an amount in respect of housing costs under paragraph 15 or 16 of Schedule 3 to the Income Support Regulations [F9 or paragraphs 16 or 17 of schedule 6 to the Employment and Support Allowance Regulations]; and

(b) the circumstances affecting the calculation of those housing costs remain unchanged since the last calculation of those costs,

the applicable amount in respect of housing costs for joint-claim jobseeker’s allowance shall be the applicable amount in respect of those costs current when entitlement to income support [F4 or income-related employment and support allowance] was last determined.]

[F10 (1B) Where either member of a joint-claim couple was in receipt of state pension credit not more than 12 weeks before the couple becomes entitled to a joint-claim jobseeker’s allowance, or, where either member is a person to whom paragraph 13(2) or (10) (linking rules) refers, not more than 26 weeks before becoming so entitled, and—

(a) the appropriate minimum guarantee included an amount in respect of housing costs under paragraphs 11 to 13 of Schedule II to the State Pension Credit Regulations 2002; and

(b) the circumstances affecting the calculation of those housing costs remain unchanged since the last calculation of those costs,

the applicable amount in respect of housing costs for joint-claim jobseeker’s allowance shall be the amount applicable in respect of those costs current when entitlement to state pension credit was last determined.]

(2) Where, in the period since housing costs were last calculated for income support [F4 or income-related employment and support allowance] [F11 or (as the case may be) state pension credit], there has been a change of circumstances, other than a reduction in the amount of an outstanding loan, which increases or reduces those costs, the amount to be met under this Schedule shall, for the purposes of the claim for income-based jobseeker’s allowance, be recalculated so as to take account of that change.]

Textual Amendments

F1 Sch. 2 para. 1A inserted (22.10.1997) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 1997 (S.I. 1997/2305), regs. 1, 3(2)(a)

F2 Sch. 2 para. 1A heading substituted (17.12.2007) by The Social Security (Housing Costs and Miscellaneous Amendments) Regulations 2007 (S.I. 2007/3183), regs. 1, 4(2)(a)(i)

F3 Words in Sch. 2 para. 1A heading inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(25)(b)(i)

F4 Words in Sch. 2 para. 1A inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(25)(b)(ii)

F5 Words in Sch. 2 para. 1A(1)(a) substituted (17.12.2007) by The Social Security (Housing Costs and Miscellaneous Amendments) Regulations 2007 (S.I. 2007/3183), regs. 1, 4(2)(a)(ii)

F6 Words in Sch. 2 para. 1A(1)(a) added (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(25)(b)(iii)

F7 Sch. 2 para. 1A(1ZA) added (17.12.2007) by The Social Security (Housing Costs and Miscellaneous Amendments) Regulations 2007 (S.I. 2007/3183), regs. 1, 4(2)(a)(iii)

F8 Sch. 2 para. 1A(1A) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 54(2)

F9 Words in Sch. 2 para. 1A(1A)(a) added (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(25)(b)(iv)

F10 Sch. 2 para. 1A(1B) added (17.12.2007) by The Social Security (Housing Costs and Miscellaneous Amendments) Regulations 2007 (S.I. 2007/3183), regs. 1, 4(2)(a)(iv)

F11 Words in Sch. 2 para. 1A(2) inserted (17.12.2007) by The Social Security (Housing Costs and Miscellaneous Amendments) Regulations 2007 (S.I. 2007/3183), regs. 1, 4(2)(a)(v)