The Jobseeker’s Allowance Regulations 1996

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There are currently no known outstanding effects for the The Jobseeker’s Allowance Regulations 1996, Paragraph 3.

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[F1Member caring for another person

3. A member (the carer)—

(a)who is regularly and substantially engaged in caring for another person if—

(i)the person being cared for is in receipt of attendance allowance [F2, pension age disability paymen] [F3, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act [F4, the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations] [F5, armed forces independence payment] [F6,] the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act] [F7or the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022]; or

(ii)the person being cared for has claimed attendance allowance [F8or pension age disability payment] but only for the period up to the date of determination of that claim, or the period of 26 weeks from the date of that claim, whichever date is the earlier; or

(iii)the person being cared for has claimed attendance allowance in accordance with section 65(6)(a) of the Benefits Act (claims in advance of entitlement), an award has been made in respect of that claim under section 65(6)(b) of that Act and, where the period for which the award is payable has begun, that person is in receipt of the allowance;

[F9(iiia)the person being cared for has claimed pension age disability payment, the claim is treated as made at a later date in accordance with regulation 27(2) (when an application is to be treated as made) of the Disability Assistance for Older People (Scotland) Regulations 2024, an award has been made in respect of that claim and, where the period for which the award is payable has begun, that person is in receipt of the payment; or]

(iv)the person being cared for has claimed entitlement to a disability living allowance [F10, child disability payment] [F11, armed forces independence payment] [F12[F13,] personal independence payment] [F14or adult disability payment] but only for the period up to the date of determination of that claim, or the period of 26 weeks from the date of that claim, whichever date is the earlier; or

(v)the person being cared for has claimed entitlement to the care component of a disability living allowance in accordance with regulation 13A of the Claims and Payments Regulations (advance claims and awards), an award at the highest or middle rate has been made in respect of that claim and, where the period for which the award is payable has begun, that person is in receipt of the allowance; F15...

[F16(va)the person being cared for (“P”) has claimed entitlement to the care component of child disability payment in accordance with regulation 24 (when an application is to be treated as made and beginning of entitlement to assistance) of the DACYP Regulations, an award at the highest or middle rate has been made in respect of P’s claim, and where the period for which the award is payable has begun, P is in receipt of that payment;]

[F17(vi)the person being cared for has claimed entitlement to the daily living component of personal independence payment in accordance with regulation 33 of the Universal Credit etc. Claims and Payments Regulations (advance claim for and award of personal independence payment), an award of the standard or enhanced rate of the daily living component has been made in respect of that claim and, where the period for which the award is payable has begun, that person is in receipt of that payment;] F18...

[F19(via)the person being cared for has claimed entitlement to the daily living component of adult disability payment in accordance with regulation 35 (when an application is to be treated as made and beginning of entitlement to assistance) of the Disability Assistance for Working Age People (Scotland) Regulations 2022, an award of the standard or enhanced rate of the daily living component has been made in respect of that claim and, where the period for which the award is payable has begun, that person is in receipt of that payment; or]

[F20(vii)the person being cared for has claimed entitlement to armed forces independence payment and an award has been made in respect of that claim and, where the period for which the award is payable has begun, that person is in receipt of that payment;]

(b)who is engaged in caring for another person and who is both entitled to, and in receipt of, [F21a] [F21carer’s allowance] [F22or carer support payment].]