Part I The Jobseeker’s Allowance
Entitlement
I14 Amount payable by way of a jobseeker’s allowance.
C11
In the case of a contribution-based jobseeker’s allowance, the amount payable in respect of a claimant (“his personal rate”) shall be calculated by—
a
determining the age-related amount applicable to him; and
b
making prescribed deductions in respect of earnings and pension payments.
2
The age-related amount applicable to a claimant, for the purposes of subsection (1)(a), shall be determined in accordance with regulations.
3
In the case of an income-based jobseeker’s allowance F1(other than a joint-claim jobseeker’s allowance), the amount payable shall be—
a
if a claimant has no income, the applicable amount;
b
if a claimant has an income, the amount by which the applicable amount exceeds his income.
F23A
In the case of a joint-claim jobseeker’s allowance, the amount payable in respect of a joint-claim couple shall be—
a
if the couple have no income, the applicable amount;
b
if the couple have an income, the amount by which the applicable amount exceeds the couple’s income.
4
Except in prescribed circumstances, a jobseeker’s allowance shall not be payable where the amount otherwise payable would be less than a prescribed minimum.
C25
The applicable amount shall be such amount or the aggregate of such amounts as may be determined in accordance with regulations.
6
Where a claimant F3is entitled to both a contribution-based jobseeker’s allowance and an income-based jobseeker’s allowance but has no income, the amount payable F4by way of a jobseeker’s allowance shall be—
a
the applicable amount, if that is greater than his personal rate; and
b
his personal rate, if it is not.
7
Where the amount payable to a claimant to whom subsection (6) applies is the applicable amount, the amount payable to him by way of a jobseeker’s allowance shall be taken to consist of two elements—
a
one being an amount equal to his personal rate; and
b
the other being an amount equal to the excess of the applicable amount over his personal rate.
8
Where a claimant F3is entitled to both a contribution-based jobseeker’s allowance and an income-based jobseeker’s allowance, the amount payable F4by way of a jobseeker’s allowance shall be—
a
the amount by which the applicable amount exceeds his income, if the amount of that excess is greater than his personal rate; and
b
his personal rate, if it is not.
9
Where the amount payable to a claimant to whom subsection (8) applies is the amount by which the applicable amount exceeds his income, the amount payable to him by way of a jobseeker’s allowance shall be taken to consist of two elements—
a
one being an amount equal to his personal rate; and
b
the other being an amount equal to the amount by which the difference between the applicable amount and his income exceeds his personal rate.
10
The element of a jobseeker’s allowance mentioned in subsection (7)(a) and that mentioned in subsection (9)(a) shall be treated, for the purpose of identifying the source of the allowance, as attributable to the claimant’s entitlement to a contribution-based jobseeker’s allowance.
11
The element of a jobseeker’s allowance mentioned in subsection (7)(b) and that mentioned in subsection (9)(b) shall be treated, for the purpose of identifying the source of the allowance, as attributable to the claimant’s entitlement to an income-based jobseeker’s allowance.
F511A
In subsections (6) to (11) “claimant" does not include—
a
a joint-claim couple, or
b
a member of such a couple (other than a person to whom regulations under section 1(2C) apply);
but section 4A, which contains corresponding provisions relating to joint-claim couples, applies instead.
12
Regulations under subsection (5) may provide that, in prescribed cases, an applicable amount is to be nil.