The Social Security (Miscellaneous Amendments) Regulations 2001

Amendment of the Jobseeker’s Allowance Regulations 1996

12.  In the Jobseeker’s Allowance Regulations 1996(1)—

(a) in regulation 52 (persons treated as engaged in remunerative work)(2), paragraphs (4) to (6) shall be omitted;

(b) in paragraph 13 of Schedule 2(3) (housing costs: linking rules)—

(i) in sub-paragraph (1)—

(aa) in head (a)(ii), after the words “12 weeks or less” there shall be inserted the words “or, as the case may be, 52 weeks or less,”;

(bb) in head (c)(iv), after the words “twelve weeks” there shall be inserted the words “or, as the case may be, 52 weeks,”;

(cc) in head (d), after the words “twelve weeks” there shall be inserted the words “or, as the case may be, 52 weeks,”;

(dd) in head (f)(iii), after the words “12 weeks” there shall be inserted the words “or, as the case may be, 52 weeks,”;

(ii) in sub-paragraph (12), after “(1)(a)(ii),” there shall be inserted “(1)(c)(iv),”;

(iii) after sub-paragraph (12) there shall be added the following sub-paragraphs—

“(13) For the purposes of sub-paragraph (1)(a)(ii), (1)(c)(iv), (1)(d) and (1)(f)(iii), the relevant period shall be—

(a) 52 weeks in the case of a person to whom sub-paragraph (14) applies;

(b) subject to sub-paragraph (12), 12 weeks in any other case.

(14) This sub-paragraph applies, subject to sub-paragraph (15), in the case of a person who, on or after 9th April 2001, has ceased to be entitled to a jobseeker’s allowance because he or his partner or, where that person is a member of a joint-claim couple, the other member of that couple—

(a) has commenced employment as an employed earner or as a self-employed earner or has increased the hours in which he is engaged in such employment;

(b) is taking active steps to establish himself in employment as an employed earner or as a self-employed earner under any scheme for assisting persons to become so employed which is mentioned in regulation 19(1)(r)(i) to (iii); or

(c) is participating in—

(i) a New Deal option;

(ii) an employment zone programme;

(iii) the self-employment route,

and, as a consequence, he or his partner was engaged in remunerative work or failed to satisfy the conditions specified in section 2(1)(c) or 3(1)(a) or the joint-claim couple of which he was a member failed to satisfy the condition in section 3A(1)(a).

(15) Sub-paragraph (14) shall only apply to the extent that immediately before the day on which the person ceased to be entitled to an income-based jobseeker’s allowance or the joint-claim couple of which he was a member ceased to be entitled to a joint-claim jobseeker’s allowance, his housing costs were being met in accordance with paragraph 6(1)(a) or 7(1)(a) or would have been so met but for any non-dependant deduction under paragraph 17.”.

(1)

S.I. 1996/207.

(2)

Regulation 52(4) to (6) was inserted by S.I. 1999/2556.

(3)

Paragraph 13 of Schedule 2 was amended by S.I. 1996/1517, 1997/2863 and 1998/2231.