The Social Security and Child Support (Jobseeker’s Allowance) (Consequential Amendments) Regulations 1996

Amendment of the Social Security Benefit (Dependency) Regulations 1977

12.—(1) The Social Security Benefit (Dependency) Regulations 1977 M1 shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 2(1)(a) (provisions as to maintenance for the purposes of increase of benefit in respect of dependants) M2 the words “unemployed, or" shall be omitted.

(3) In regulation 3 (allocation of contributions for spouse or children) M3 —

(a) in paragraph (1) the words “44(1)(a)," shall be omitted;

(b) in paragraph (5) for the words “sections 44(1)(a) and" there shall be substituted the word “section".

(4) In regulation 8 in paragraph (2) for the words “the amount specified in paragraph 1 of Part I of Schedule 4 to the Contributions and Benefits Act" and in paragraphs (3) and (4) for the words “the amount specified in paragraph 1 of Part I of Schedule 4 to that Act" in each place in which those words occur, there shall be substituted, subject ot paragraph (5), the words “the amount for the time being specified in regulation 79(1)(c) of the Jobseeker’s Allowance Regulations 1996 M4 (age related amount for a claimant who has attained the age of 25).".

(5) Where the amount for the time being specified in regulation 79(1)(c) of the Jobseeker’s Allowance Regulations 1996 is less than the amount specified in paragraph 1 of Part I of Schedule 4 to the Benefits Act as in force on 6th October 1996, paragraph (4) above shall have effect as if the words substituted by that paragraph were “£48.25".

(6) Paragraph (4) above shall apply in a particular case only for so long as the amount substituted by that paragraph is greater than the amount specified in regulation 79(1)(c) of the 1996 Regulations.

(7) In regulation 10 (increase of benefit for person having care of child)—

(a) in paragraph (1) M5 the words “of unemployment benefit or" shall be omitted, and

(b) in paragraph (2)(b)(ii) M6 the words “unemployed or" shall be omitted.

(8) In regulation 11 (contribution to maintenance of adult dependant)—

(a) in paragraph (1) M7 —

(i) the words “(1) and" shall be omitted;

(ii) the words “unemployment benefit or" in each place where they occur shall be omitted;

(b) at the end of the regulation there shall be added the following paragraph—

“(4) Where a person has been entitled to an addition to a contribution-based jobseeker’s allowance under regulation 9(4) of the Jobseeker’s Allowance (Transitional Provisions) Regulations 1995 M8 by virtue of having satisfied the requirements for an increase of unemployment benefit referred to in paragraphs (2), (2A) or (3), he shall be treated for the purposes of those paragraphs as if he had been entitled to an increase of unemployment benefit.”.

Marginal Citations

M1 S.I. 1977/343.

M2 Relevant amending instrument is S.I. 1989/1642.

M3 Relevant amending instruments are S.I. 1983/1001, 1984/1699, 1985/1305 and 1994/2945.

M4 S.I. 1996/207.

M5 Relevant amending instruments are S.I. 1983/186, 1984/1698 and 1994/2945.

M6 Relevant amending instruments are S.I. 1984/1698 and 1989/1642.

M7 Relevant amending instruments are S.I. 1983/1001, 1984/1698 and 1994/2945.

M8 S.I. 1995/3276.