Modifications etc. (not altering text)
C1Sch. 2 para. 4A applied (with modifications) (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations 2008 (S.I. 2008/3195), regs. 1(2), 6(a) (with regs. 3, 7)
C2Sch. 2 para. 4A applied (with modifications) (5.1.2009) by The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations 2008 (S.I. 2008/3195), regs. 1(3), 11(b) (with reg. 8)
18.—(1) For the purpose of providing continuity between income support [F2or income-related employment and support allowance] and a jobseeker’s allowance—
(a)any housing costs which would, had the claimant been entitled to income support, have been existing housing costs and not new housing costs shall, notwithstanding the preceding provisions of this Schedule, be treated as existing housing costs, and any qualifications or limitations which would have applied to those costs had the award been an award of income support shall likewise apply to the costs in so far as they are met in jobseeker’s allowance;
(b)had the award of a jobseeker’s allowance been an award of income support and the housing costs which would then have been met would have included an additional amount met in accordance with paragraph 7 of Schedule 3 to the Income Support Regulations (add back), an amount equal to that additional amount shall be added to the housing costs to be met under this Schedule, but that amount shall be subject to the same qualifications and limitations as it would have been had the award been of income support; and
(c)for the purposes of any linking rule [F3or for determining whether any qualifying or other period is satisfied], any reference to a jobseeker’s allowance in this Schedule shall be taken also to include a reference to income support [F4or income-related employment and support allowance].
(2) Any loan which, had the claimant been entitled to income support and not a jobseeker’s allowance, would have been a qualifying loan for the purposes of Schedule 3 to the Income Support Regulations by virtue of regulation 3 of the Income Support (General) Amendment and Transitional Regulations 1995 F5 shall be treated also as a qualifying loan for the purposes of paragraph 14 or 15, as the case may be, of this Schedule; and for the purpose of determining whether a claimant would satisfy the provision of regulation 3(2) of those Regulations, a person in receipt of an income-based jobseeker’s allowance shall be treated as being in receipt of income support.
Textual Amendments
F1Words in Sch. 2 para. 18 heading 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)(g)(i)
F2Words in Sch. 2 para. 18(1) 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)(g)(ii)(aa)
F3Words in Sch. 2 para. 18(1)(c) inserted (7.10.1996) by The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 29(6)
F4Words in Sch. 2 para. 18(1)(c) 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)(g)(ii)(bb)
Modifications etc. (not altering text)
C3Sch. 2 para. 18(1)(a) applied (with modifications) (5.1.2009) by The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations 2008 (S.I. 2008/3195), regs. 1(3), 11(j) (with reg. 8)