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PART VII AMOUNTS

Weekly amounts of contribution-based jobseeker’s allowance

79.—(1) In the case of a contribution-based jobseeker’s allowance, the age-related amount applicable to a claimant for the purposes of section 4(1)(a) shall be—

(a)in the case of a person who has not attained the age of 18, [F1£32.90] per week;

(b)in the case of a person who has attained the age of 18 but not the age of 25, [F2£43.25] per week;

(c)in the case of a person who has attained the age of 25, [F3£54.65] per week.

(2) Where the amount of any contribution-based jobseeker’s allowance would, but for this paragraph, include a fraction of one penny, that fraction shall be treated as one penny.

Textual Amendments

F1Word in reg. 79(1)(a) substituted (7.4.2003 for specified purposes and with effect in accordance with art. 1(2)(i)) by The Social Security Benefits Up-rating Order 2003 (S.I. 2003/526), arts. 1(2)(i), 22(a)

F2Word in reg. 79(1)(b) substituted (7.4.2003 for specified purposes and with effect in accordance with art. 1(2)(i)) by The Social Security Benefits Up-rating Order 2003 (S.I. 2003/526), arts. 1(2)(i), 22(b)

F3Word in reg. 79(1)(c) substituted (7.4.2003 for specified purposes and with effect in accordance with art. 1(2)(i)) by The Social Security Benefits Up-rating Order 2003 (S.I. 2003/526), arts. 1(2)(i), 22(c)

Deductions in respect of earnings

80.—(1) The deduction in respect of earnings which falls to be made in accordance with section 4(1)(b) from the amount which, apart from this regulation, would be payable by way of a contribution-based jobseeker’s allowance for any [F4benefit week] is an amount equal to the weekly amount of the claimant’s earnings calculated in accordance with Part VIII (income and capital).

(2) For the avoidance of doubt, in calculating the amount of earnings for the purposes of this regulation, only the claimant’s earnings shall be taken into account.

Textual Amendments

Payments by way of Pensions

81.—(1) The deduction in respect of pension payments from the amount which apart from this regulation would be payable to a claimant by way of a contribution-based jobseeker’s allowance for any week shall be a sum equal to the amount by which that payment exceeds or, as the case may be, the aggregate of those payments exceed £50 per [F5benefit week].

[F6(1A) Where pension payments first begin to be made to a person for a period starting other than on the first day of a benefit week, the deduction referred to in paragraph (1) shall have effect from the beginning of that benefit week.

(1B) Where pension payments are already in payment to a person and a change in the rate or payment takes effect in a week other than at the beginning of the benefit week, the deduction referred to in paragraph (1) shall have effect from the first day of that benefit week.]

(2) In determining the amount of any pension payments for the purposes of paragraph (1), there shall be disregarded—

F7(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F8(c)any payments from a personal pension scheme, an occupational pension scheme or a public service pension scheme which are payable to him and which arose in accordance with the terms of such a scheme on the death of a person who was a member of the scheme in question.]

(3) Subject to the provisions of paragraph (2), where a pension payment, or an aggregate of such payments, as the case may be, is paid to a person for a period other than a week, such payments shall be treated as being made to that person by way of weekly pension payments and the weekly amount shall be determined—

(a)where payment is made for a year, by dividing the total by 52;

(b)where payment is made for three months, by dividing the total by 13;

(c)where payment is made for a month, by multiplying the total by 12 and dividing the result by 52;

(d)where payment is made for two or more months, otherwise than for a year or for three months, by dividing the total by the number of months, multiplying the result by 12 and dividing the result of that multiplication by 52; or

(e)in any other case, by dividing the amount of the payment by the number of days in the period for which it is made and multiplying the result by 7.

Textual Amendments

[F9Income-based jobseeker’s allowance

82.—(1) Regulations 83 to [F1085] and 87 apply in the case of an income-based jobseeker’s allowance but not a joint-claim jobseeker’s allowance.

(2) Regulations 86A to [F1186C] only apply in the case of a joint-claim jobseeker’s allowance.]

Textual Amendments

Applicable amounts

83.  F12Except in the case of a claimant to whom regulation 84 , 85 ... or Part X (applicable amounts in other cases and urgent cases) applies, a claimant’s weekly applicable amount shall be the aggregate of such of the following amounts as may apply in his case—

(a)an amount in respect of himself or if he is a member of a couple, an amount in respect of both of them, determined in accordance with sub-paragraph (1), (2) or (3), as the case may be, of paragraph 1 of Schedule 1;

(b)an amount determined in accordance with paragraph 2 of Schedule 1 in respect of any child or young person who is a member of his family, excluding a child or young person whose capital, if calculated in accordance with Part VIII in like manner as for the claimant would exceed £3,000, but including a child whose capital falls to be treated as income in accordance with regulation 106 (1) (modification in respect of children and young persons);

F13(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)where he is a member of a family of which at least one member is a child or young person, an amount determined in accordance with Part II of Schedule 1 (family premium);

(e)the amount of any premiums which may be applicable to him, determined in accordance with Parts III and IV of Schedule 1 (premiums); and

(f)any amounts determined in accordance with Schedule 2 (housing costs) which may be applicable to him in respect of mortgage interest payments or such other housing costs as are prescribed in that Schedule.

Textual Amendments

Modifications etc. (not altering text)

C1Regs. 83-86 applied (temp. from 28.11.2000 until 27.11.2001) by The Social Security (New Deal Pilot) Regulations 2000 (S.I. 2000/3134), regs. 1(1)(b), 10(1) (with reg. 19)

C2Reg. 83(b) sum confirmed (7.4.2003 for specified purposes and with effect in accordance with art. 1(2)(i)) by The Social Security Benefits Up-rating Order 2003 (S.I. 2003/526), arts. 1(2)(i), 23(2)(a)

Polygamous Marriages

84.—(1) F14F14Except in the case of a claimant to whom regulation 83, [F15or 85] ... (applicable amounts in special cases...) or Part X or paragraph (2) applies, where a claimant is a member of a polygamous marriage his weekly applicable amount shall be the aggregate of such of the following amounts as may apply in his case—

(a)the highest amount applicable to him and one of his partners determined in accordance with sub-paragraph (3) of paragraph 1 of Schedule 1 as if he and that partner were a couple;

(b)an amount equal to the difference between the amounts specified in [F16sub-paragraphs (3)(e)] and (1)(e) of paragraph 1 of Schedule 1 in respect of each of his other partners;

(c)an amount determined in accordance with paragraph 2 of Schedule 1 (applicable amounts) in respect of any child or young person for whom he or a partner of his is responsible and who is a member of the same household except a child or young person whose capital, if calculated in accordance with Part VIII in like manner as for the claimant, would exceed £3,000, but including a child whose capital falls to be treated as income in accordance with regulation 106 (1) (modification in respect of children and young persons);

F17(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)if he or another partner of the polygamous marriage is responsible for a child or young person who is a member of the same household, the amount specified in Part II of Schedule 1 (family premium);

(f)the amount of any premiums which may be applicable to him determined in accordance with Parts III and IV of Schedule 1 (premiums); and

(g)any amounts determined in accordance with Schedule 2 (housing costs) which may be applicable to him in respect of mortgage interest payments or such other housing costs as are prescribed in that Schedule.

(2) In the case of a partner who is aged less than 18 the amount which applies in respect of that partner shall be Nil unless that partner—

(a)is treated as responsible for a child; or

(b)is a person who, had he not been a member of a polygamous marriage, would have qualified for a jobseeker’s allowance by virtue of section 3(1)(f)(ii) or section 3(1)(f)(iii) and the regulations made thereunder (jobseeker’s allowance for persons aged 16 or 17).

Textual Amendments

Modifications etc. (not altering text)

C1Regs. 83-86 applied (temp. from 28.11.2000 until 27.11.2001) by The Social Security (New Deal Pilot) Regulations 2000 (S.I. 2000/3134), regs. 1(1)(b), 10(1) (with reg. 19)

C3Reg. 84(1)(c) sum confirmed (7.4.2003 for specified purposes and with effect in accordance with art. 1(2)(i)) by The Social Security Benefits Up-rating Order 2003 (S.I. 2003/526), arts. 1(2)(i), 23(2)(a)

Special cases

85.—(1) [F18Subject to paragraph (2A),] in the case of a person to whom any paragraph in column (1) of Schedule 5 applies (applicable amounts in special cases) the amount included in the claimant’s weekly applicable amount in respect of him shall be the amount prescribed in the corresponding paragraph in column (2) of that Schedule but excluding an amount for a child or young person whose [F19capital, if calculated] in accordance with Part VIII in like manner as for the claimant, would exceed £3,000, but including an amount for a child or young person whose capital falls to be treated as income in accordance with regulation 106 (1) (modification in respect of children and young persons).

(2) Except where the amount prescribed in Schedule 5 in respect of a person to whom paragraph (1) applies includes an amount applicable under regulation 83(e) or 84(1)(f) a person to whom paragraph (1) applies shall be treated as not falling within the conditions specified in paragraph 15 of Schedule 1 (severe disability premium).

F20(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In Schedule 5, for the purposes of paragraphs 1, 2 and 17 (persons in residential care or nursing homes who become patients), where a person has been a patient for two or more distinct periods separated by one or more intervals each not exceeding 28 days, he shall be treated as having been a patient continuously for a period equal in duration to the total of those distinct periods.

(4) [F21Subject to paragraph (4A),] In this regulation and Schedule 5–

[F22“partner of a person subject to immigration control" means a person–

(i)

who is not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act; or

(ii)

to whom section 115 of that Act does not apply by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000; and

(iii)

who is a member of a couple and his partner is subject to immigration control within the meaning of section 115(9) of that Act and section 115 of that Act applies to her for the purposes of exclusion from entitlement to jobseeker’s allowance;.]

[F23...]

“person from abroad" F24... means a claimant who is not habitually resident in the [F25the Channel Islands, the Isle of Man or the Republic of Ireland,] but for this purpose, no claimant shall be treated as not habitually resident in the United Kingdom who is—

(a)a worker for the purposes of Council Regulation (EEC) No. 1612/68 or (EEC) No. 1251/70 or a person with a right to reside in the United Kingdom pursuant to Council Directive No. 68/360/EEC or No. 73/148/EEC; or

(b)a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951, as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967; or

(c)a person who has been granted exceptional leave [F26to enter the United Kingdom by an immigration officer within the meaning of the Immigration Act 1971, or] to remain in the United Kingdom by the Secretary of State[F27; or

(d)a person who is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act and who is in the United Kingdom as a result of his deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom;]

“patient" means a person (other than a prisoner) who is regarded as receiving free in-patient treatment within the meaning of the Social Security (Hospital In-Patients) Regulations 1975;

“prisoner" means a person who—

(a)is detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court; or

(b)is on temporary release in accordance with the provisions of the Prison Act 1952 or the Prisons (Scotland) Act 1989,

other than a person [F28who is detained in hospital under the provisions of the Mental Health Act 1983 , or, in Scotland, under the provisions of the Mental Health (Scotland) Act 1984 or the Criminal Procedure (Scotland) Act 1995,]

“residential accommodation" means, subject to the following provisions of this regulation, accommodation provided by a local authority in a home owned or managed by that or another local authority—

(a)under sections 21 to 24 of the National Assistance Act 1948 (provision of accommodation); or

(b)in Scotland, under section 13B or 59 of the Social Work (Scotland) Act 1968 (provision of residential and other establishments); or

(c)under section 7 of the Mental Health (Scotland) Act 1984 (functions of local authorities),

where the accommodation is provided for a person whose stay in that accommodation has become other than temporary.

[F29(4A) In paragraph (4) “person from abroad” does not include any person in Great Britain who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption.]

[F30(5) A person shall continue to be treated as being in residential accommodation within the meaning of paragraph (4) if—

(a)he is in, or only temporarily absent from, such residential accommodation, and the same accommodation subsequently becomes a residential care home for so long as he remains in that accommodation; or

(b)on 31st March 1993 he was in, or only temporarily absent from, accommodation of a kind mentioned in regulation 21(3B) to (3E) of the Income Support Regulations.]

(6) A person who would, but for this paragraph, be in residential accommodation within the meaning of paragraph (4) shall be treated as not being in residential accommodation where—

(a)he is under the age of 18 and in the care of a local authority under Part II or III of the Social Work (Scotland) Act 1968 (promotion of social welfare of children in need of care); or

(b)except where he is a person to whom paragraph (5)(b) applies, he is in accommodation where—

(i)no cooked or prepared food is made available to him in consequence solely of his paying the charge for the accommodation or any other charge which he is required to pay as a condition of occupying the accommodation, or both of those charges, or

(ii)such food is actually made available for his consumption on payment of a further charge or charges.

Textual Amendments

F26Words in reg. 85(4) inserted (coming into force in accordance with reg. 1(2)(3)(4)(5)(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/563), regs. 1, 18(3)(4)(d)

F28Words in reg. 85(4) substituted (coming into force in accordance with reg. 1(2)(3)(4)(5)(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/563), regs. 1, 8(1)(2)(d)

Modifications etc. (not altering text)

C1Regs. 83-86 applied (temp. from 28.11.2000 until 27.11.2001) by The Social Security (New Deal Pilot) Regulations 2000 (S.I. 2000/3134), regs. 1(1)(b), 10(1) (with reg. 19)

C4Reg. 85(1) sum confirmed (7.4.2003 for specified purposes and with effect in accordance with art. 1(2)(i)) by The Social Security Benefits Up-rating Order 2003 (S.I. 2003/526), arts. 1(2)(i), 23(2)(a)

Applicable amounts for persons in residential care and nursing homes

F3186.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F32Applicable amounts for joint-claim couples

86A.  Except in the case of a joint-claim couple where regulation 86B (polygamous marriages) [F33or 86C] (special cases) F34... or Part X (urgent cases) applies, the applicable amount of a joint-claim couple who are jointly claiming a jobseeker’s allowance shall be the aggregate of such of the following amounts as may apply in their case—

(a)an amount in respect of the joint-claim couple determined in accordance with sub-paragraph (3) of paragraph 1 of Schedule 1;

F35(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the amount of any premiums which may be applicable to either or both members of the joint-claim couple, determined in accordance with Parts IVA and IVB of Schedule 1 (premiums); and

(d)any amounts determined in accordance with Schedule 2 (housing costs) which may be applicable to the joint-claim couple in respect of mortgage interest payments or such other housing costs as are prescribed in that Schedule.

Textual Amendments

Modifications etc. (not altering text)

C5Regs. 86A-86D applied (temp. from 28.11.2000 until 27.11.2001) by The Social Security (New Deal Pilot) Regulations 2000 (S.I. 2000/3134), regs. 1(1)(b), 10(2) (with reg. 19)

Applicable amounts for joint-claim couples: polygamous marriages

86B.  Except in the case of a joint-claim couple where regulation 86A [F33or 86C] (special cases) F34... or Part X (urgent cases) applies, the applicable amount of a joint-claim couple who are jointly claiming a jobseeker’s allowance where either or both members of that couple are members of a polygamous marriage, shall be the aggregate of such of the following amounts as may apply in their case—

(a)the highest amount applicable to a member of the joint-claim couple and one other member of that marriage determined in accordance with sub-paragraph (3) of paragraph 1 of Schedule 1 as if those members were a couple;

(b)an amount equal to the difference between the amounts specified in sub-paragraphs (3)(e) and (1)(e) of paragraph 1 of Schedule 1 in respect of each of the other members of the polygamous marriage who are members of that household;

F36(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)the amount of any premiums which may be applicable to a member of the joint-claim couple determined in accordance with Parts IVA and IVB of Schedule 1 (premiums); and

(e)any amounts determined in accordance with Schedule 2 (housing costs) which may be applicable to the joint-claim couple in respect of mortgate interest payments or such other housing costs as are prescribed in that Schedule.

Textual Amendments

Modifications etc. (not altering text)

C5Regs. 86A-86D applied (temp. from 28.11.2000 until 27.11.2001) by The Social Security (New Deal Pilot) Regulations 2000 (S.I. 2000/3134), regs. 1(1)(b), 10(2) (with reg. 19)

Joint-claim couples: special cases

86C.—(1) [F37Subject to paragraph (2A),] where a member of a joint-claim couple is a person to whom any paragraph in column (1) of Schedule 5A applies (applicable amounts in special cases for joint-claim couples), the amount included in the joint-claim couple’s weekly applicable amount shall be the amount prescribed in the corresponding paragraph in column (2) of that Schedule.

(2) Except where the amount prescribed in Schedule 5A in respect of a joint-claim couple includes an amount applicable under regulation 86A(c) or 86B(d), a person to whom paragraph (1) applies shall be treated as not falling within the conditions specified in paragraph 20I of Schedule 1 (severe disability premium).

[F38(2A) An amount shall only be applicable under paragraph 6 or 9 of Schedule 5A where an amount was applicable to a joint-claim couple under either of those paragraphs on 7th April 2002 and shall only continue to be applicable to that couple after that date for so long as the relevant conditions in column (1) of that Schedule continue to apply to that couple.]

(3) In Schedule 5A, for the purposes of paragraphs 1 and 11 (persons in residential care or nursing home who become patients), where a person has been a patient for two or more distinct periods separated by one or more intervals each not exceeding 28 days, he shall be treated as having been a patient continuously for a period equal in duration to the total of those distinct periods.

(4) Expressions used in this regulation and in Schedule 5A shall have the same meaning as those expressions have for the purposes of regulation 85 and Schedule 5 save that for the purposes of this regulation and of Schedule 5A, the definition of “person from abroad” in regulation 85(4) shall have effect as if after the words “a claimant” there were inserted the words “,other than a member of a joint-claim couple who is not the nominated member for the purposes of section 3B,”.]

Textual Amendments

Modifications etc. (not altering text)

C5Regs. 86A-86D applied (temp. from 28.11.2000 until 27.11.2001) by The Social Security (New Deal Pilot) Regulations 2000 (S.I. 2000/3134), regs. 1(1)(b), 10(2) (with reg. 19)

Applicable amount for a joint-claim couple where a number is in residential care or a nursing home

F3986D.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Transitional supplement to income-based jobseeker’s allowance

87.—(1) In the case of a person who, before 7th October 1996 was entitled to a special transitional addition or transitional addition in accordance with the Income Support (Transitional) Regulations 1987F40, the amount of any income-based jobseeker’s allowance payable to him shall be increased by an amount equal to those additions, but the increase shall continue to be payable only for so long as the claimant continues to satisfy the requirements imposed in those Regulations for payment of the addition.

(2) A claimant’s weekly applicable amount shall include an amount (the “protected sum") equal to any protected sum which would have been applicable in his case under regulation 17(1)(g) or 18(1)(h) of, and Schedules 3A and 3B to, the Income Support Regulations F41 had he been entitled to income support and not a jobseeker’s allowance.

(3) In the case of any person who had he been entitled to income support and not a jobseeker’s allowance, would in any week have had a higher applicable amount, in accordance with regulation 17(2) to (6A) of the Income Support RegulationsF42, than the amount applicable to him in accordance with regulation 82 or, as the case may be, 83 then that amount shall be substituted for the applicable amount determined under that regulation.

(4) Paragraph (5) applies to a person who, had he been entitled to income support and not a jobseeker’s allowance, would have been a person to whom any of the following transitional or savings provisions would have applied—

(a)the Income Support (General) Amendment No.3 Regulations 1993 F43 (“the 1993 Regulations"), regulation 4;

(b)the Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1995 (“the 1995 Regulations")F44, regulation 28.

(5) Where this paragraph applies, the amount of housing costs applicable in the particular case shall be determined as if, in Schedule 2—

(a)in a case to which regulation 4(1) of the 1993 Regulations would have applied, paragraph 10(4) to (9) was omitted;

(b)in a case to which regulation 4(4) of the 1993 Regulations would have applied, in [F45paragraph 10(4)] for the reference to £100,000 there was substituted a reference to £150,000; and

(c)in a case to which the 1995 Regulations apply, in [F46paragraph 10(4)] for the reference to £100,000 there was substituted a reference to £125,000.

(6) In determining for the purposes of this regulation whether, if the claimant were entitled to income support—

(a)an amount would be applicable;

(b)an amount would be payable; or

(c)if an amount was payable, the rate at which it would be payable,

any requirement that the person be entitled to income support, or to income support for any period of time, shall be treated as if the reference to income support included also a reference to an income-based jobseeker’s allowance.

(7) [F47For the purposes of applying paragraph (1), regulation 2A of the Income Support (Transitional) Regulations, and for the purposes of paragraph (6), regulation 3A of the Income Support Regulations shall have effect in accordance with the following sub-paragraphs—]

(a)as if in paragraph (1)(a), after the words “permitted period", there was included the words “subject to paragraph 2A"; and

(b)with the addition after paragraph (1) of the following paragraphs–

“(2A) Subject to paragraph (2B) where the claimant or his partner has ceased to be engaged in remunerative work, the permitted period shall be 8 weeks if—

(a)a jobseeker’s allowance [F48is not payable] to the claimant in the circumstances mentioned in section 19(6)(a) or (b) of the Jobseekers Act 1995 (employment left voluntarily or lost through misconduct); or

(b)the claimant or his partner has ceased to be engaged in that work within 4 weeks of beginning it; or

(c)at any time during the period of 13 weeks immediately preceding the beginning of that work, the person who has ceased to be engaged in it—

(i)was engaged in remunerative work; or

(ii)was in relevant education; or

(iii)was a student.

(2B) [F49Paragraph (2A)(b) or (2A)(c)] shall not apply in the case of a person who, by virtue of regulation 74 of the Jobseeker’s Allowance Regulations 1996, is a person to whom section 19(6)(b) of the Jobseekers Act 1995 does not apply.

(2C) In this regulation, “remunerative work" means remunerative work for the purposes of the Jobseekers Act 1995.”

Textual Amendments

F40S.I. 1987/1969; the relevant amending instruments are S.I. 1988/521 and 1989/1626.

F41The relevant amending instruments are S.I. 1988/1445 and 1989/534.

F42The relevant amending instrument is S.I. 1988/910.

[F5087A.  Where the amount of a jobseeker’s allowance is less than 10 pence a week that allowance shall not be payable.]

Textual Amendments