The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011

Amendments to the Social Security (Claims and Payments) Regulations 1987

8.  Paragraph 1 of Schedule 9 to the Social Security (Claims and Payments) Regulations 1987(1) (deductions from benefit and direct payment to third parties) is amended as follows—

(a) in sub-paragraph (1)–

(i) in the definition of “contribution-based jobseeker’s allowance” before “means” insert “(except where used in sub-paragraph (2)(b))”, and

(ii) in the definition of “contributory employment and support allowance” before “means” insert “(except where used in sub-paragraph (3)(b))”;

(b) for sub-paragraph (2)(b) substitute–

“(b) contribution-based jobseeker’s allowance where—

(i) both income-based jobseeker’s allowance and contribution-based jobseeker’s allowance are in payment and the income-based jobseeker’s allowance alone is insufficient for the purposes of this Schedule; or

(ii) if there was no entitlement to contribution-based jobseeker’s allowance, there would be entitlement to income-based jobseeker’s allowance at the same rate.”; and

(c) for sub-paragraph (3)(b) substitute–

“(b) contributory employment and support allowance where—

(i) both income-related employment and support allowance and contributory employment and support allowance are in payment and the income-related employment and support allowance alone is insufficient for the purposes of this Schedule; or

(ii) if there was no entitlement to a contributory employment and support allowance, there would be entitlement to income-related employment and support allowance at the same rate.”.

(1)

S.I. 1987/1968. Paragraph 1 was amended by S.I. 1996/1460, S.I. 1996/2344 and S.I. 2008/1554 and by other instruments, but not in a way material to these Regulations.