[F1PART X URGENT CASES

Textual Amendments

F1Pt. X revoked in part (for specified purposes and with effect in accordance with reg. 1(3) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2009 (S.I. 2009/3228), reg. 2(1)(b) (with reg. 2(2)-(4))

Urgent cases

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–

[F2(a)a claimant to whom paragraph (2A) applies (persons not excluded from income-based jobseeker’s allowance under section 115 of the Immigration and Asylum Act);]

(b)a claimant to whom paragraph (6) (certain persons whose income is not readily available to them) applies.

[F3(2A) This paragraph applies to a person not excluded from entitlement to income-based jobseeker’s allowance under section 115 of the Immigration and Asylum Act by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 except for a person to whom paragraphs 3 and 4 of Part I to the Schedule to those Regulations applies.]

F4(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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)[F5the 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

Applicable amount in urgent cases

148.—(1) For the purposes of calculating any entitlement to an income-based jobseeker’s allowance [F6but not a joint-claim jobseeker’s allowance] under this Part—

(a)except in a case to which sub-paragraph F7... (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)[F8the 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 [F9II 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);

F10(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vi)the amount of any protected sum which may be applicable to him in accordance with regulation 87(2);

F11(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)except where sub-paragraph F7...(c) applies, in the case of a person to whom any paragraph, other than [F13paragraph 13A] 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)[F14any 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 [F15II 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).

F16(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F17(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.]

Textual Amendments

F7Words in reg. 148 omitted (8.4.2002) by S.I. 2001/3767 Sch. Pt. 2 para. 15(za)(bb) (as inserted by The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2002 (S.I. 2002/398), regs. 1, 4(3)(a))

F8Reg. 148(1)(a)(ii) 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. 19(a)

F9Words in reg. 148(1)(a)(iii) 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. 19(b)

F14Reg. 148(1)(d)(i) 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. 19(a)

F15Words in reg. 148(1)(d)(ii) 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. 19(b)

Modifications etc. (not altering text)

C1Reg. 148(1)(a)(i) sum confirmed (with effect in accordance with art. 1(2)(j)(ii) (3)(a) 6 of the amending S.I.) by The Social Security Benefits Up-rating Order 2009 (S.I. 2009/497), arts. 1(2)(j)(ii), 24(8), Sch. 16

C2Reg. 148(1)(a)(ii) sum confirmed (with effect in accordance with art. 1(2)(j)(ii) (3)(a) 6 of the amending S.I.) by The Social Security Benefits Up-rating Order 2009 (S.I. 2009/497), arts. 1(2)(j)(ii), 24(2)(a)

C3Reg. 148(1)(d) sum confirmed (with effect in accordance with art. 1(2)(j)(ii) (3)(a) 6 of the amending S.I.) by The Social Security Benefits Up-rating Order 2009 (S.I. 2009/497), arts. 1(2)(j)(ii), 24(8), Sch. 16

C4Reg. 148(1)(d)(i) sum confirmed (with effect in accordance with art. 1(2)(j)(ii) (3)(a) 6 of the amending S.I.) by The Social Security Benefits Up-rating Order 2009 (S.I. 2009/497), arts. 1(2)(j)(ii), 24(2)(a)

[F18Applicable amount in urgent cases: joint-claim couples

148A.—(1) For the purpose of calculating any entitlement to a joint-claim jobseeker’s allowance under this Part—

(a)except in a case to which sub-paragraph F19...(c) or (d) applies, a joint-claim couple’s weekly applicable amount shall[F20, subject to paragraph (1A),] be the aggregate of—

(i)90 per cent. of the amount applicable (reduced where appropriate in accordance with regulation 146G (applicable amount in hardship cases for joint-claim couples)) in respect of the couple under paragraph 1(3) of Schedule 1 or, as the case may be, the amount applicable in respect of them under regulation 86B (joint-claim couples: polygamous marriages);

(ii)the amount, if applicable, specified in Part IVA of Schedule 1 (premiums);

(iii)any amounts applicable under regulation 86A(d) or, as the case may be, 86B(e) (housing costs); and

F21(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)except where sub-paragraph F19...(c) applies, in the case of a member of a joint-claim couple to whom any paragraph of Schedule 5A (applicable amounts of joint-claim couples in special cases) applies, the amount shall be 90 per cent. of the amount applicable in column (2) of that Schedule in respect of the joint-claim couple plus, if applicable—

(i)any premium under Part IVA of Schedule 1;

(ii)any amounts applicable under regulation 86A(d) or, as the case may be, 86B(e) (housing costs).

F24(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where the calculation of a joint-claim couple’s applicable amount under this regulation results in a fraction of a penny that fraction shall be treated as a penny.]

Textual Amendments

F19Words in reg. 148A omitted (8.4.2002) by S.I. 2001/3767 Sch. Pt. 2 para. 16(za)(bb) (as inserted by The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2002 (S.I. 2002/398), regs. 1, 4(3)(b))

Modifications etc. (not altering text)

C5Reg. 148A(1)(a)(i) sum confirmed (with effect in accordance with art. 1(2)(j)(ii) (3)(a) 6 of the amending S.I.) by The Social Security Benefits Up-rating Order 2009 (S.I. 2009/497), arts. 1(2)(j)(ii), 24(8), Sch. 16

C6Reg. 148A(1)(d) sum confirmed (with effect in accordance with art. 1(2)(j)(ii) (3)(a) 6 of the amending S.I.) by The Social Security Benefits Up-rating Order 2009 (S.I. 2009/497), arts. 1(2)(j)(ii), 24(8), Sch. 16

Assessment of income and capital in urgent cases

149.—(1) The claimant’s income shall be calculated in accordance with Part VIII subject to the following modifications—

[F25(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 [F26Fund (2006)]; 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 [F27or of employment and support allowance under regulation 164 of the Employment and Support Allowance Regulations] 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 [F28consist] 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 F29F30... [F31or 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

F25Reg. 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)

F31Words 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)