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 following 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.
[F1(3) This paragraph applies to a person from abroad within the meaning of regulation 85(4) (special cases) who—
(a)is an asylum seeker; and
(b)holds a work permit or has written authorisation from the Secretary of State permitting him to work in the United Kingdom.]
[F1(4) For the purposes of this regulation, a person—
(a)is an asylum seeker when he submits on his arrival (other than on his re-entry) in the United Kingdom from a country outside the Common Travel Area, 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)becomes, while present in Great Britain, an asylum seeker when—
(i)the Secretary of State makes a declaration to the effect that the country of which he is a national is subject to such a fundamental change in circumstances that he would not normally order the return of a person to that country; and
(ii)he submits, within a period of 3 months from the day that declaration was made, a claim for asylum to the Secretary of State under the Convention relating to the Status of Refugees; and
(iii)his claim for asylum under that Convention is recorded by the Secretary of State as having been made; and
(c)ceases to be an asylum seeker—
(i)in the case of a claim for asylum which, on or after 5th February 1996, is recorded by the Secretary of State as having been determined (other than on appeal) or abandoned, on the date on which it is so recorded; or
(ii)in the case of a claim for asylum which is recorded as determined before 5th February 1996 and in respect of which there is either an appeal pending on 5th February 1996 or an appeal is made within the time limits specified in rule 5 of the Asylum Appeals (Procedure) Rules 1993, on the date on which that appeal is determined.]
[F1(5) In this Regulation—
“the Common Travel Area” means the United Kingdom, the Channel Islands, the Isle of Man and the Republic of Ireland collectively;
“the Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and the Protocol to that Convention;
“work permit” has the meaning it bears in the Immigration Act 1971 by virtue of section 33(1) of that Act.]
(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)[F2the Secretary of State] is satisfied that, unless the provisions of this Part are applied to the claimant, the claimant or his family will suffer hardship.
Textual Amendments
F1Reg. 147(3)-(5) substituted (7.10.1996) by The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), regs. 1(1), 10(2)
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 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 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 11(a) of Schedule 4 (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 11(b) to (e) of Schedule 4 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 4 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) (modifications in respect of children and young persons), 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 5 (applicable amounts in special cases) applicable to him;
(ii)the amount applicable under column (2) of paragraph 15(1)(d) of Schedule 5, 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) (modifications in respect of children and young persons), 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 5 (special cases) 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) (modifications in respect of children and young persons), would exceed £3,000;
(ii)any premium under Part II or III of Schedule 1; and
(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).
(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.
Modifications etc. (not altering text)
C1Reg. 148(1)(a)(ii) sum confirmed (6.4.1998 for specified purposes) by The Social Security Benefits Up-rating Order 1998 (S.I. 1998/470), arts. 1(2)(i), 24(2)
C2Reg. 148(1)(a)(ii) sum confirmed (with effect in accordance with art. 1(2)(j) of the amending S.I.) by The Social Security Benefits Up-rating Order 1999 (S.I. 1999/264), arts. 1(2)(j), 24(2)
C3Reg. 148(1)(b)(ii) sum confirmed (6.4.1998 for specified purposes) by The Social Security Benefits Up-rating Order 1998 (S.I. 1998/470), arts. 1(2)(i), 24(2)
C4Reg. 148(1)(b)(ii) sum confirmed (with effect in accordance with art. 1(2)(j) of the amending S.I.) by The Social Security Benefits Up-rating Order 1999 (S.I. 1999/264), arts. 1(2)(j), 24(2)
C5Reg. 148(1)(b)(iii) sum confirmed (6.4.1998 for specified purposes) by The Social Security Benefits Up-rating Order 1998 (S.I. 1998/470), arts. 1(2)(i), 24(2)
C6Reg. 148(1)(b)(iii) sum confirmed (with effect in accordance with art. 1(2)(j) of the amending S.I.) by The Social Security Benefits Up-rating Order 1999 (S.I. 1999/264), arts. 1(2)(j), 24(2)
C7Reg. 148(1)(c)(ii) sum confirmed (6.4.1998 for specified purposes) by The Social Security Benefits Up-rating Order 1998 (S.I. 1998/470), arts. 1(2)(i), 24(2)
C8Reg. 148(1)(c)(ii) sum confirmed (with effect in accordance with art. 1(2)(j) of the amending S.I.) by The Social Security Benefits Up-rating Order 1999 (S.I. 1999/264), arts. 1(2)(j), 24(2)
C9Reg. 148(1)(d)(i) sum confirmed (6.4.1998 for specified purposes) by The Social Security Benefits Up-rating Order 1998 (S.I. 1998/470), arts. 1(2)(i), 24(2)
C10Reg. 148(1)(d)(i) sum confirmed (with effect in accordance with art. 1(2)(j) of the amending S.I.) by The Social Security Benefits Up-rating Order 1999 (S.I. 1999/264), arts. 1(2)(j), 24(2)
149.—(1) The claimant’s income shall be calculated in accordance with Part VIII subject to the following modifications—
[F3(a)any income other than—
(i)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
(ii)income to which paragraph 5, 7 (but only to the extent that a concessionary payment would be due under that paragraph for any non-payment of income support under regulation 70 of these Regulations or of jobseeker’s allowance under regulation 147 of the Jobseeker’s Allowance Regulations 1996 (urgent cases)), 31, 39(2), (3) or (4), 40, 42, 52 or 57 of Schedule 9 (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 paragraph (2)(b) of regulation 147 (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 [F4consist] 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 or Part II of the Social Security and Housing Benefits Act 1982 F5 [F6or any arrears of benefit due under regulation 147 of these Regulations or regulation 70 of the Income Support Regulations (urgent cases)], 12, 14(b), 24 and 32 of Schedule 8 (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.
Textual Amendments
F3Reg. 149(1)(a) 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, 19(2)(a)
F4Word in reg. 149(2) substituted (7.10.1996) by virtue of The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), reg. 1(1), Sch. Pt. 2
F51982 c.24; Part II was repealed by the Social Security Act 1986 (c.50), section 86, Schedule 11.
F6Words in reg. 149(2) 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, 19(2)(b)