The Jobseeker’s Allowance Regulations (Northern Ireland) 1996

Part X Urgent Cases

Urgent cases

147.—(1) In a case to which this regulation applies, a claimant’s weekly applicable amount and his income and capital shall be calculated for the purposes of an income-based jobseeker’s allowance in accordance with the provisions of this Part.

(2) This regulation applies in accordance with the following provisions to—

(a) a claimant to whom paragraph (3) (certain persons from abroad) applies;

(b) a claimant to whom paragraph (6) (certain persons whose income is not readily available to them) applies.

(3) This paragraph applies to a person from abroad within the meaning of regulation 85(4) (special cases) who—

(a) having, during any one period of limited leave of a kind referred to in paragraph (a) of that definition (including any period as extended), supported himself without recourse to public funds other than any such recourse by reason of the previous application of this sub-paragraph, is temporarily without funds during that period of leave because remittances to him from abroad have been disrupted provided that there is a reasonable expectation that his supply of funds will be resumed;

(b) is an asylum seeker for the purposes of paragraph (4);

(c) is awaiting the outcome of an appeal made under Part II of the 1971 Act (including any period for which the appeal is treated as pending under section 33(4) of that Act);

(d) is a person to whom paragraph (c) of that definition applies but whose removal from the United Kingdom has been deferred in writing by the Secretary of State;

(e) is a person, other than someone to whom paragraph (c) of that definition applies, who has been granted permission to remain in the United Kingdom pending the removal of a person to whom sub-paragraph (d) applies;

(f) is a person who has no or no further right of appeal under the 1971 Act but has been allowed to remain in the United Kingdom while an application so to remain is, or representations on his behalf are, being considered by the Secretary of State;

(g) is a person to whom paragraph (d) of that definition applies and who has been allowed to remain in the United Kingdom with the consent in writing of the Secretary of State;

(h) is a person to whom paragraph (e), (f) or (g) of that definition applies and whose applicable amount, but for this sub-paragraph, would if calculated in accordance with regulation 85 (special cases) be nil;

(i) is a person other than one to whom sub-paragraph (d) applies who is subject to a direction for his removal from the United Kingdom, but whose removal has been deferred in writing by the Secretary of State.

(4) For the purposes of this paragraph, a person—

(a) becomes an asylum seeker when he has submitted a claim for asylum to the Secretary of State that it would be contrary to the United Kingdom’s obligations under the Convention for him to be removed from, or required to leave, the United Kingdom and that claim is recorded by the Secretary of State as having been made, or

(b) ceases to be an asylum seeker when his claim is recorded by the Secretary of State as having been finally determined or abandoned.

(5) In this regulation “the Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and the Protocol to that Convention.

(6) This paragraph shall only apply to a person who is treated as possessing income by virtue of regulation 105(6) and (7) (notional income) where the income he is treated as possessing is not readily available to him, and—

(a) the amount of jobseeker’s allowance payable to him otherwise than under this Part is less than the amount of a jobseeker’s allowance payable to him under this Part, and

(b) the adjudication officer is satisfied that, unless the provisions of this Part are applied to the claimant, the claimant or his family will suffer hardship.

Applicable amount in urgent cases

148.—(1) For the purposes of calculating any entitlement to an income-based jobseeker’s allowance under this Part—

(a) except in a case to which sub-paragraph (b), (c) or (d) applies, a claimant’s weekly applicable amount shall be the aggregate of—

(i) 90 per cent. of the amount applicable (reduced where appropriate in accordance with regulation 145 (applicable amount in hardship cases)) in respect of himself or, if he is a member of a couple or of a polygamous marriage, of the amount applicable in respect of both of them under paragraph 1(1), (2) or (3) of Schedule 1 (applicable amounts) or, as the case may be, the amount applicable in respect of them under regulation 84 (polygamous marriages);

(ii) the amount applicable under paragraph 2 of Schedule 1 in respect of any child or young person who is a member of his family except a child or young person whose capital, if calculated in accordance with Part VIII (income and capital) in like manner as for the claimant, except as provided in regulation 106(1) (modifications in respect of children and young persons), would exceed £3,000;

(iii) the amount, if applicable, specified in Part II or III of Schedule 1 (premiums);

(iv) any amounts applicable under regulation 83(f) or, as the case may be, 84(1)(g) (housing costs);

(v) the amount, if applicable, specified in paragraph 3 of Schedule 1, and

(vi) the amount of any protected sum which may be applicable to him in accordance with regulation 87(2);

(b) where the claimant is a resident in a residential care home or a nursing home and has a preserved right, his weekly applicable amount shall be the aggregate of—

(i) 90 per cent. of the amount of the allowance for personal expenses prescribed in paragraph 10(a) of Schedule 3 (applicable amounts of persons in residential care and nursing homes), or, if he is a member of a couple or of a polygamous marriage, of the amount applicable in respect of both or all of them; and where regulation 145 (applicable amount in hardship cases) applies, the reference in this head to 90 per cent. of the amount so reduced shall be construed as a reference to 90 per cent. of the relevant amount under that regulation reduced by the percentage specified in paragraph (1) or (2), as the case may be, of that regulation;

(ii) the amount applicable under paragraph 10(b) to (e) of Schedule 3 in respect of any child or young person who is a member of his family except a child or young person whose capital, if calculated in accordance with Part VIII in like manner as for the claimant, except as provided in regulation 106(1) (modifications in respect of children and young persons), would exceed £3,000;

(iii) the amount in respect of the weekly charge for his accommodation calculated in accordance with regulation 86 and Schedule 3 except any amount in respect of a child or young person who is a member of the family and whose capital, if calculated in accordance with Part VIII in like manner as for the claimant, except as provided in regulation 106(1), would exceed £3,000;

(c) where the claimant is resident in residential accommodation, his weekly applicable amount shall be the aggregate of—

(i) 98 per cent. of the amount referred to in column (2) of paragraph 15(1)(a) to (c) and (e) of Schedule 4 (applicable amounts in special cases) applicable to him;

(ii) the amount applicable under column (2) of paragraph 15(1)(d) of Schedule 4, in respect of any child or young person who is a member of the family, except a child or young person whose capital, if calculated in accordance with Part VIII in like manner as for the claimant, except as provided in regulation 106(1), would exceed £3,000;

(d) except where sub-paragraph (b) or (c) applies, in the case of a person to whom any paragraph, other than paragraph 14 in column (1) of Schedule 4 applies, the amount shall be 90 per cent. of the amount applicable in column (2) of that Schedule in respect of the claimant and partner (if any), plus, if applicable—

(i) any amount in respect of a child or young person who is a member of the family except a child or young person whose capital, if calculated in accordance with Part VIII in like manner as for the claimant, except as provided in regulation 106(1), would exceed £3,000;

(ii) any premium under Part II or III of Schedule 1;

(iii) any amounts applicable under regulation 83(f) or, as the case may be, 84(1)(g), and

(iv) the amount of the protected sum which may be applicable to him in accordance with regulation 87(2) (transitional supplement to income-based jobseeker’s allowance).

(2) Where the calculation of a claimant’s applicable amount under this regulation results in a fraction of a penny that fraction shall be treated as a penny.

Assessment of income and capital in urgent cases

149.—(1) The claimant’s income shall be calculated in accordance with Part VIII subject to the following modifications—

(a) any income, other than a payment of income or income in kind made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust, the Fund, the Eileen Trust or the Independent Living Funds or income to which paragraph 6, 41(2), (3) or (4) or 42 of Schedule 6 (disregard of income other than earnings) applies, possessed or treated as possessed by him shall be taken into account in full notwithstanding any provision in that Part disregarding the whole or any part of that income;

(b) any income to which regulation 116 (calculation of tariff income from capital) applies shall be disregarded;

(c) income treated as capital by virtue of regulation 110(1), (2), (3) and (9) (income treated as capital) shall be taken into account as income;

(d) in a case to which regulation 147(2)(b) (urgent cases) applies, any income to which regulation 105(6) and (7) (notional income) applies shall be disregarded.

(2) The claimant’s capital calculated in accordance with Part VIII, but including any capital referred to in paragraphs 3, and to the extent that such assets as are referred to in paragraph 11 consist of liquid assets, 11 and, except to the extent that the arrears referred to in paragraph 12 consist of arrears of housing benefit payable under Part VII of the Benefits Act, 12, 14(b), 24 and 32 of Schedule 7 (capital to be disregarded) shall be taken into account in full and the amount of a jobseeker’s allowance which would, but for this paragraph, be payable under this regulation, shall be payable only to the extent that it exceeds the amount of that capital.