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The Jobseeker’s Allowance Regulations 1996

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Changes over time for: Paragraph 12

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Version Superseded: 14/04/2008

Status:

Point in time view as at 02/10/2006.

Changes to legislation:

There are currently no known outstanding effects for the The Jobseeker’s Allowance Regulations 1996, Paragraph 12. Help about Changes to Legislation

12.  [F1—(1) Subject to sub-paragraph (2),] Any arrears of, or any concessionary payment made to compensate for arrears due to the non-payment of—

(a)any payment specified in paragraph 7, 9 or 10 of Schedule 7 (other income to be disregarded);

(b)a jobseeker’s allowance or an income-related benefit under Part VII of the Benefits Act[F2, working families' tax credit under section 128 of that Act, disabled person’s tax credit under section 129 of that Act, child tax credit, working tax credit];

F3(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4(d)any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001,]

but only for a period of 52 weeks from the date of receipt of the arrears or the concessionary payment.

[F5(2) In a case where the total of any arrears and, if appropriate, any concessionary payment referred to in sub-paragraph (1) relating to any one of the specified payments, benefits or allowances amounts to £5,000 or more (referred to in this sub-paragraph and in sub-paragraph (3) as the “relevant sum”) and is—

(a)paid in order to rectify, or to compensate for, an official error as defined in regulation 1(3) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999, and

(b)received by the claimant in full on or after 14th October 2001,

sub-paragraph (1) shall have effect in relation to such arrears or concessionary payment either for a period of 52 weeks from the date of receipt, or, if the relevant sum is received in its entirety during the award of an income-based jobseeker’s allowance, for the remainder of that award if that is a longer period.

(3) For the purposes of sub-paragraph (2), “the award of an income-based jobseeker’s allowance” means—

(a)the award either of an income-based jobseeker’s allowance or of income support in which the relevant sum (or first part thereof where it is paid in more than one instalment) is received, and

(b)where that award is followed by one or more further awards which in each case may be either of an income-based jobseeker’s allowance or of income support and which, or each of which, begins immediately after the end of the previous award, such further awards until the end of the last such award, provided that for any such further awards the claimant—

(i)is the person who received the relevant sum, or

(ii)is the partner of the person who received the relevant sum, or was that person’s partner at the date of his death, or

(iii)in the case of a joint-claim jobseeker’s allowance, is a joint-claim couple either member or both members of which received the relevant sum.]

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