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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—

[F1(a)in the case of a person who has not attained the age of 25, [F2£58.90 ]per week;]

(c)in the case of a person who has attained the age of 25, [F3£74.35 ]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

F2Sum in Reg. 79(1)(a) substituted (coming into force in accordance with art. 1(3)(j) of the amending S.I.) by The Social Security Benefits Up-rating Order 2020 (S.I. 2020/234), arts. 1(3)(j), 26(a)

F3Sum in Reg. 79(1)(c) substituted (coming into force in accordance with arts. 1(3)(j)(5), 7 of the amending S.I.) by The Social Security Benefits Up-rating Order 2020 (S.I. 2020/234), arts. 1(3)(j), 26(b)

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[F5, PPF payments or FAS 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 [F6benefit week].

[F7(1A) Where pension payments[F5, PPF payments or FAS 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[F5, PPF payments or FAS 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[F5, PPF payments or FAS payments] for the purposes of paragraph (1), there shall be disregarded—

F8(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9(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][F10; and

(d)any PPF payments or FAS payments which are payable to him and which arose on the death of a person who had an entitlement to such payments.]

(3) Subject to the provisions of paragraph (2), where a pension payment[F11, PPF payment or FAS 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[F12, weekly PPF payments or weekly FAS 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

[F13Income-based jobseeker’s allowance

82.—(1) Regulations 83 to [F1485] 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 [F1586C] only apply in the case of a joint-claim jobseeker’s allowance.]

Textual Amendments

Applicable amounts

83.  F16F17F17Except in the case of a claimant to whom regulation 84, 85 ... ... (applicable amounts in other 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)[F18an 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);]

F19(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)[F20where 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 [F21housing costs as prescribed] in that Schedule.

Textual Amendments

F18Reg. 83(b) omitted (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) of the amending S.I.) by virtue of The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 2 para. 2(a)

F20Reg. 83(d) omitted (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) of the amending S.I.) by virtue of The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 2 para. 2(a)

F21Words in reg. 83(f) substituted (with effect in accordance with regs. 19-21 of the amending S.I.) by The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 3(a)

Modifications etc. (not altering text)

C1Reg. 83(b): sum confirmed (coming into force in accordance with art. 1(3)(j) of the amending S.I.) by The Social Security Benefits Up-rating Order 2020 (S.I. 2020/234), arts. 1(3)(j), 27(2)(a)

Polygamous Marriages

84.—(1) F22F22F23Except in the case of a claimant to whom regulation 83, [F24or 85] ... (applicable amounts in special cases ...) ... 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 [F25sub-paragraphs (3)(e)] and (1)(e) of paragraph 1 of Schedule 1 in respect of each of his other partners;

(c)[F26an 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);]

F27(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)[F28if 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 [F29housing costs as 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

F26Reg. 84(1)(c) omitted (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) of the amending S.I.) by virtue of The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 2 para. 3(a)

F28Reg. 84(1)(e) omitted (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) of the amending S.I.) by virtue of The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 2 para. 3(a)

F29Words in reg. 84(1)(g) substituted (with effect in accordance with regs. 19-21 of the amending S.I.) by The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 3(b)

Modifications etc. (not altering text)

C2Reg. 84(1)(c): sum confirmed (coming into force in accordance with art. 1(3)(j) of the amending S.I.) by The Social Security Benefits Up-rating Order 2020 (S.I. 2020/234), arts. 1(3)(j), 27(2)(a)

Special cases

85.—(1) [F30In] 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 [F31but excluding an amount for a child or young person whose [F32capital, 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)].

F33(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F34(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F35(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) [F36In this regulation] and Schedule 5–

[F37“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 [F38the member's] partner is subject to immigration control within the meaning of section 115(9) of that Act and section 115 of that Act applies to [F39the partner] for the purposes of exclusion from entitlement to jobseeker’s allowance;.]

[F40“person from abroad” has the meaning given in regulation 85A;]

“patient" means a person (other than a prisoner) who is regarded as receiving free in-patient treatment within the meaning of [F41regulation 2(4) and (5) of the Social Security (Hospital In-Patients) Regulations 2005];

“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 [F42who is detained in hospital under the provisions of the Mental Health Act 1983, or, in Scotland, under the provisions of the [F43[F44Mental Health (Scotland) Act 1984] [F44Mental Health (Care and Treatment) (Scotland) Act 2003]] [F43Mental Health (Care and Treatment) (Scotland) Act 2003] or the Criminal Procedure (Scotland) Act 1995,]

F45...

F46(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F46(4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F47(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F47(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F31Words in reg. 85(1) omitted (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) of the amending S.I.) by virtue of The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 2 para. 4(a)

F35Reg. 85(3) omitted (for specified purposes and with effect in accordance with reg. 1(d) of the amending S.I.) by virtue of The Social Security (Hospital In-Patients) Regulations 2005 (S.I. 2005/3360), reg. 6(2)(a)

F41Words in reg. 85(4) substituted (for specified purposes and with effect in accordance with reg. 1(d) of the amending S.I.) by The Social Security (Hospital In-Patients) Regulations 2005 (S.I. 2005/3360), reg. 6(2)(b)

F42Words 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)

C3Reg. 85(1): sum confirmed (coming into force in accordance with art. 1(3)(j) of the amending S.I.) by The Social Security Benefits Up-rating Order 2020 (S.I. 2020/234), arts. 1(3)(j), 27(2)(a)

[F48Special cases: supplemental – persons from abroad

85A.—(1) “Person from abroad” means, subject to the following provisions of this regulation, a claimant who is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland.

[F49(2) No claimant shall be treated as habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland unless—

(a)[F50subject to the exceptions in paragraph (2A),] the claimant has been living in any of those places for the past three months; and

(b)the claimant has a right to reside in any of those places, other than a right to reside which falls within paragraph (3) [F51or (3A)].]

[F52(2A) The exceptions are where the claimant has at any time during the period referred to in paragraph (2)(a)—

(a)paid either Class 1 or Class 2 contributions by virtue of regulation 114, 118, 146 or 147 of the Social Security (Contributions) Regulations 2001or by virtue of an Order in Council having effect under section 179 of the Social Security Administration Act 1992; or

(b)been a Crown servant posted to perform overseas the duties of a Crown servant; or

(c)been a member of Her Majesty’s forces posted to perform overseas the duties of a member of Her Majesty’s forces.]

(3) A right to reside falls within this paragraph if it is one which exists by virtue of, or in accordance with, one or more of the following—

(a)regulation 13 of the [F53Immigration (European Economic Area) Regulations 2016] ; [F54or] F55...

[F56(aa)regulation 16 of those Regulations, but only in a case where the right exists under that regulation because the claimant satisfies the criteria in paragraph (5) of that regulation;]

F57(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F57(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F58(3A) A right to reside falls within this paragraph if it exists by virtue of a claimant having been granted limited leave to enter, or remain in, the United Kingdom under the Immigration Act 1971 by virtue of—

(a)Appendix EU to the immigration rules made under section 3(2) of that Act; F59...

(b)being a person with a Zambrano right to reside as defined in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of that Act [F60; or]

(c)having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act.]

[F61(3B) Paragraph (3A)(a) does not apply to a person who—

(a)has a right to reside granted by virtue of being a family member of a relevant person of Northern Ireland; and

(b)would have a right to reside under the Immigration (European Economic Area) Regulations 2016 if the relevant person of Northern Ireland were an EEA national, provided that the right to reside does not fall within paragraph (3A).]

(4) A claimant is not a person from abroad if he is—

[F62(za)a qualified person for the purposes of regulation 6 of the [F63Immigration (European Economic Area) Regulations 2016] as a worker or a self-employed person;

(zb)a family member of a person referred to in sub-paragraph (za) F64...;

(zc)a person who has a right to reside permanently in the United Kingdom by virtue of regulation 15(1)(c), (d) or (e) of those Regulations;]

[F65(zd)a family member of a relevant person of Northern Ireland, with a right to reside which falls within paragraph (3A)(a), provided that the relevant person of Northern Ireland falls within sub-paragraph (za), or would do so but for the fact that they are not an EEA national;]

[F66(ze)a frontier worker within the meaning of regulation 3 of the Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020;

(zf)a family member, of a person referred to in sub-paragraph (ze), who has been granted limited leave to enter, or remain in, the United Kingdom by virtue of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971;]

(g)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;

[F67(h)a person who has been granted leave or who is deemed to have been granted leave outside the rules made under section 3(2) of the Immigration Act 1971 where that leave is—

(i)discretionary leave to enter or remain in the United Kingdom;

(ii)leave to remain under the Destitution Domestic Violence concession; or

(iii)leave deemed to have been granted by virtue of regulation 3 of the Displaced Persons (Temporary Protection) Regulations 2005;]

[F68(hh)a person who has humanitarian protection granted under those rules;] [F69or]

(i)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; F70...

F71(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F71(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F72(5) In this regulation—

“EEA national” has the meaning given in regulation 2(1) of the Immigration (European Economic Area) Regulations 2016;

“family member” has the meaning given in regulation 7(1)(a), (b) or (c) of the Immigration (European Economic Area) Regulations 2016 except that regulation 7(4) of those Regulations does not apply for the purposes of paragraphs (3B) and (4)(zd);

“relevant person of Northern Ireland” has the meaning given in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971.]

[F73(6) In this regulation references to the Immigration (European Economic Area) Regulations 2016 are to be read with Schedule 4 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020(Consequential, Saving, Transitional and Transitory Provisions) Regulations 2020.]

Textual Amendments

F59Word in reg. 85A(3A)(a) omitted (31.12.2020 immediately after IP completion day) by virtue of The Immigration (Citizens' Rights etc.) (EU Exit) Regulations 2020 (S.I. 2020/1372), regs., 1(3)(d), 10(2)(a)

Modifications etc. (not altering text)

Applicable amounts for persons in residential care and nursing homes

F7486.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F75Applicable amounts for joint-claim couples

86A.  Except in the case of a joint-claim couple where regulation 86B (polygamous marriages) [F76or 86C] (special cases) F77... F78... 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;

F79(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 [F80housing costs as prescribed] in that Schedule.

Textual Amendments

F80Words in reg. 86A(d) substituted (with effect in accordance with regs. 19-21 of the amending S.I.) by The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 3(c)

Modifications etc. (not altering text)

C6Regs. 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 [F76or 86C] (special cases) F77... F81... 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;

F82(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 [F83housing costs as prescribed] in that Schedule.

Textual Amendments

F83Words in reg. 86B(e) substituted (with effect in accordance with regs. 19-21 of the amending S.I.) by The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 3(d)

Modifications etc. (not altering text)

C6Regs. 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) [F84Where] 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).

F85(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F86(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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

F86Reg. 86C(3) omitted (for specified purposes and with effect in accordance with reg. 1(d) of the amending S.I.) by virtue of The Social Security (Hospital In-Patients) Regulations 2005 (S.I. 2005/3360), reg. 6(3)

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

F8786D.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 1987F88, 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 F89 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 RegulationsF90, 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.

F91(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F91(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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) [F92For 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 [F93is not payable] to the claimant in the circumstances mentioned in [F94section 19(2)(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) [F95Paragraph (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 [F96section 19(2)(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

F88S.I. 1987/1969; the relevant amending instruments are S.I. 1988/521 and 1989/1626.

F89The relevant amending instruments are S.I. 1988/1445 and 1989/534.

F90The relevant amending instrument is S.I. 1988/910.

F91Reg. 87(4)(5) omitted (with effect in accordance with regs. 19-21 of the amending S.I.) by virtue of The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 3(e)

[F9787A.  Where the amount of a jobseeker’s allowance is less than 10 pence a week that allowance shall not be payable.]

Textual Amendments