Part IIThe Jobseeker's Allowance

Entitlement

The income-based conditions5

1

The conditions referred to inF1 Article 3(2A)(b) are that the claimant—

a

has an income which does not exceed the applicable amount (determined in accordance with regulations under Article 6) or has no income;

b

is not entitled to income supportF2, state pension credit or an income-related employment and support allowance;

c

is not a member of a family one of whose members is entitled to income support;

d

is not a member of a family one of whose members is entitled to an income-based jobseeker's allowance;

F3dd

is not a member of aF4 couple the other member of which is entitled to state pension credit;

F5de

is not a member of a couple the other member of which is entitled to an income-related employment and support allowance;

e

is not a member of aF4 couple the other member of which is engaged in remunerative work; and

f

is a person—

i

who has reached the age of 18; or

ii

in respect of whom a direction under Article 18 is in force; or

iii

who has, in prescribed circumstances to be taken into account for a prescribed period, reached the age of 16 but not the age of 18.

2

Regulations may provide for one or both of the following conditions to be included in the income-based conditions, in the case of a person to whom paragraph (1)(f)(ii) or (iii) applies—

a

a condition that the claimant must register for employment;

b

a condition that the claimant must register for training.

3

In paragraph (1)(f)(iii) “period” includes—

a

a period fo a determinate length;

b

a period defined by reference to the happening of a future event; and

c

a period of a determinate length but subject to earlier determination upon the happening of a future event.

4

Regulations under paragraph (2) may, in particular, make provision by reference to persons designated by the Department for the purpose of the regulations.