The Jobseeker’s Allowance Regulations 1996

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–

(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) [F2 the 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

F1 Reg. 147(3)-(5) substituted (7.10.1996) by The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), regs. 1(1), 10(2)

F2 Words in reg. 147(6)(b) substituted (18.10.1999) by The Social Security Act 1998 (Commencement No. 11, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/2860), art. 3(1), Sch. 12 para. 2