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The Jobseeker’s Allowance Regulations 1996
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- UK Statutory Instruments
- 1996 No. 207
- SCHEDULE 7
- Paragraph 22
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22.—(1) [F1Subject to sub-paragraphs (2) and (3) ], except where [F2regulation 103(6)(b) (provision of support under section 95 or 98 of the Immigration and Asylum Act including support provided by virtue of regulations made under Schedule 9 to that Act in the calculation of income other than earnings) or] regulation 105(10)(a)(i) (notional income) applies or in the case of a payment made—
(a)to a person who is, or would be, prevented from being entitled to a jobseeker’s allowance by section 14 (trade disputes); or
(b)to a member of the family of such a person where the payment is made by virtue of that person’s involvement in the trade dispute,
any income in kind.
(2) The exceptions under sub-paragraph (1) shall not apply where the income in kind [F3is a Grenfell Tower payment [F4, a child abuse payment or a Windrush payment] or] is received from the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Fund, the Eileen Trust [F5, MFET Limited] [F6, the Skipton Fund, the Caxton Foundation ][F7, the Scottish Infected Blood Support Scheme] [F8, an approved blood scheme] [F9, the London Emergencies Trust, the We Love Manchester Emergency Fund] [F10, the National Emergencies Trust] or the Independent Living [F11Fund (2006)].
[F12(3) The first exception under sub-paragraph (1) shall not apply where the claimant is the partner of a person subject to immigration control and whose partner is receiving support provided under section 95 or 98 of the Immigration and Asylum Act including support provided by virtue of regulations made under Schedule 9 to that Act and the income in kind is support provided in respect of essential living needs of the partner of the claimant and his dependants (if any) as is specified in regulations made under paragraph 3 of Schedule 8 to the Immigration and Asylum Act.]
[F13(4) The reference in sub-paragraph (1) to “income in kind” does not include a payment to a third party made in respect of the claimant which is used by the third party to provide benefits in kind to the claimant.]
Textual Amendments
F1Words in Sch. 7 para. 22(1) substituted (3.4.2000) by The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (S.I. 2000/636), regs. 1(2), reg. 4(9)(a)
F2Words in Sch. 7 para. 22(1) added (3.4.2000) by The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (S.I. 2000/636), regs. 1(2), 4(9)(b)
F3Words in Sch. 7 para. 22(2) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 3(11)(a)(i)
F4Words in Sch. 7 para. 22(2) inserted (1.1.2022) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2021 (S.I. 2021/1405), regs. 1, 3(7)(a)
F5Words in Sch. 7 para. 22(2) inserted (6.4.2010) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(1), 4(3)(f)
F6Words in Sch. 7 para. 22(2) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 10(9)
F7Words in Sch. 7 para. 22(2) inserted (3.4.2017) by The Social Security (Scottish Infected Blood Support Scheme) Regulations 2017 (S.I. 2017/329), regs. 1, 4(3)(e)
F8Words in Sch. 7 para. 22(2) inserted (23.10.2017) by The Social Security (Infected Blood and Thalidomide) Regulations 2017 (S.I. 2017/870), regs. 1, 3(3)(e)
F9Words in Sch. 7 para. 22(2) inserted (19.6.2017) by The Social Security (Emergency Funds) (Amendment) Regulations 2017 (S.I. 2017/689), regs. 1, 3(3)(e)
F10Words in Sch. 7 para. 22(2) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 3(11)(a)(ii)
F11Words in Sch. 7 para. 22(2) substituted (17.11.2008) by The Social Security (Miscellaneous Amendments) (No.6) Regulations 2008 (S.I. 2008/2767), regs. 1(2), 4(7)(e)
F12Sch. 7 para. 22(3) added (3.4.2000) by The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (S.I. 2000/636), regs. 1(2), 4(9)(c)
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