The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996

Occupational pensions

32.  In Schedule 7 to the Jobseeker’s Allowance Regulations (sums to be disregarded in the calculation of income other than earnings) after paragraph 16 the following paragraph shall be inserted—

“16A.— (1) Subject to sub-paragraphs (2) and (3), where a claimant—

(a) is a person to whom Schedule 4 (applicable amounts of persons in residential care and nursing homes) or paragraph 16 or 17 of Schedule 5 (applicable amounts in special cases) applies;

(b) is not residing with his spouse; and

(c) has at least 50 per cent. of any occupational pension of his being paid to, or in respect of, his spouse for that spouse’s maintenance, an amount equal to 50 per cent. of the pension or pensions concerned.

(2) Where a claimant is entitled to more than one occupational pension, those pensions shall be aggregated for the purposes of sub-paragraph (1).

(3) This paragraph shall not have effect in respect of that part of any occupational pension to which a spouse is legally entitled whether under a court order or not.”.