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3B.—(1) Where a joint-claim couple cease to be a joint-claim couple because they become, or are treated as, responsible for one or more children—
(a)any claim made by both members of that couple for a jobseeker’s allowance may be treated as a claim for a jobseeker’s allowance made by either member of that couple;
(b)any award of a joint-claim jobseeker’s allowance in respect of that couple may be terminated and may be replaced by a replacement award,
where the conditions specified in paragraph (2) have been complied with.
(2) The conditions specified in this paragraph are that a member of the couple—
(a)provides such evidence as the Secretary of State may require confirming that the couple are responsible for one or more children; and
(b)advises the Secretary of State as to which member of the couple is to be the claimant.
(3) The claim by a member of the couple for a jobseeker’s allowance referred to in paragraph (1)(a) shall be treated as made on the date on which he and his partner were treated as having claimed a jobseeker’s allowance as a joint-claim couple as determined in accordance with regulation 6 of the Claims and Payments Regulations.
(4) In this regulation, “replacement award” shall have the meaning ascribed to it by paragraph 9A of Schedule 1 to the Act.]
Textual Amendments
F1Pt. 1A inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), regs. 1(1), 2(2)
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