Period over which payments other than periodical payments are to be taken into account
121.—(1) Subject to paragraph (2), the number of weeks over which a payment other than a periodical payment is to be taken into account shall be equal to the number (and any fraction shall be treated as a corresponding fraction of a week) obtained by dividing that payment [F1by—]
(a)[F1where the payment is in respect of the claimant or the claimant and any child or young person who is a member of the claimant’s family, the aggregate] [F1by the aggregate] of £2 and the amount of jobseeker’s allowance which would be payable had the payment not been made;
(b)[F2where the payment is in respect of one, or more than one, child or young person who is a member of the family, the lesser of the amount (or the aggregate of the amounts) prescribed under Schedule 1, in respect of—
(i)the personal allowance of the claimant and each such child or young person;
(ii)any family F3... premium;
[F4(iia)any enhanced disability premium in respect of such a child or young person;]
(iii)any disabled child premium in respect of such a child; and
(iv)any carer premium but only if that premium is payable because the claimant is in receipt, or is treated as being in receipt, of [F5carer’s allowance] by reason of the fact that he is caring for such a child or young person who is severely disabled,
and the aggregate of £2 and the amount of jobseeker’s allowance which would be payable had the payment not been made.]
(2) Where a liable relative makes a periodical payment and any other payment concurrently and the weekly amount of that periodical payment, as calculated in accordance with regulation 122 (calculation of the weekly amount of a liable relative payment), is less than—
(a)[F6in a case where the periodical payment is in respect of the claimant or the claimant and any child or young person who is a member of the claimant’s family], the aggregate of £2 and the amount of jobseeker’s allowance which would be payable had the payments not been made; [F7or]
(b)[F8in a case where the periodical payment is in respect of one or more than one child or young person who is a member of the family, the aggregate of the amounts prescribed in Schedule 1 in respect of each such child or young person and any family F9... premium,]
that other payment shall, subject to paragraph (3), be taken into account over a period of such number of weeks as is equal to the number obtained (and any fraction shall be treated as a corresponding fraction of a week) by dividing that payment by an amount equal to the extent of the difference between the amount [F10referred to in sub-paragraph (a) or (b), as the case may be] [F10as calculated under this paragraph] , and the weekly amount of the periodical payment.
(3) If–
(a)the liable relative ceases to make periodical payments, the balance (if any) of the other payment shall be taken into account over the number of weeks equal to the number obtained (and any fraction shall be treated as a corresponding fraction of a week) by dividing that balance by the amount referred to in [F11sub-paragraph (a) or (b), as the case may be, of] paragraph (1);
(b)the amount of any subsequent periodical payment varies, the balance (if any) of the other payment shall be taken into account over a period of such number of weeks as is equal to the number obtained (and any fraction shall be treated as a corresponding fraction of a week) by dividing that balance by an amount equal to the extent of the difference between the amount referred to in [F12sub-paragraph (a) or (b), as the case may be, of] paragraph (2), and the weekly amount of the subsequent periodical payment.
(4) The period under paragraph (1) or (2) shall begin on the date on which the payment is treated as paid under regulation 123, and under paragraph (3) shall begin on the first day of the benefit week in which the cessation or variation of the periodical payment occurred.
Textual Amendments
F1Words in reg. 121(1) substituted for words in reg. 121(1)(a) and word (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) of the amending S.I.) by The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 2 para. 15
F2Reg. 121(1)(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. 15(b)
F3Words in reg. 121(1)(b)(ii) omitted (with effect in accordance with reg. 1(3) of the amending S.I.) by virtue of The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1803), regs. 1(b), 43
F4Reg. 121(1)(b)(iia) inserted (9.4.2001) by The Social Security Amendment (Enhanced Disability Premium) Regulations 2000 (S.I. 2000/2629), regs. 1(c), 5(b)
F5Words in reg. 121 substituted (1.4.2003) by The Social Security (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/511), regs. 1, 3(4)(5)
F6Words in reg. 121(2) 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. 15(a)
F7Word in reg. 121(2) 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. 15(b)
F8Reg. 121(2)(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. 15(b)
F9Words in reg. 121(2)(b)(ii) omitted (with effect in accordance with reg. 1(3) of the amending S.I.) by virtue of The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1803), regs. 1(b), 43
F10Words in reg. 121(2) substituted (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) of the amending S.I.) by The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 2 para. 15(a)
F11Words in reg. 121(3)(a) 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. 15(c)
F12Words in reg. 121(3)(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. 15(c)