[F1PART IAJOINT-CLAIM COUPLES

Textual Amendments

Entitlement of a new joint-claim couple to a jobseeker’s allowance

3C.—(1) Paragraph (2) shall apply where a couple become a joint-claim couple because the child, or all the children, for which they were responsible have—

(a)died;

(b)ceased to be a child or children for whom they are responsible; or

(c)reached the age of 16 and are [F2not qualifying young persons within the meaning of section 142 of the Benefits Act (child and qualifying young person)].

(2) In a case to which this paragraph applies—

(a)any claim made by either member of that couple for a jobseeker’s allowance may be treated as a claim made by both members of the couple;

(b)any award of an income-based jobseeker’s allowance, or a replacement award, in respect of either member of that couple may be terminated and may be replaced by a new award in respect of the couple,

where the conditions specified in paragraph (3) have been complied with.

(3) The conditions specified in this paragraph are that the Secretary of State—

(a)has sufficient evidence to decide whether a new award should be made; and

(b)is informed as to which member of the couple is to be the nominated member for the purposes of section 3B.

(4) The claim by both members of the joint-claim couple for a jobseeker’s allowance referred to in paragraph (2)(a) shall be treated as made on the date on which the claim by a member of that couple was treated as made in accordance with regulation 6 of the Claims and Payments Regulations.

(5) For the purposes of paragraphs 6 and 7 of Schedule 2 (housing costs), any award of an income-based jobseeker’s allowance which related to the day before the day on which the relevant event specified in paragraph (1) occurred and any new award referred to in paragraph (2)(b) shall be treated as a continuous award of an income-based jobseeker’s allowance.

(6) In this regulation, “new award” shall have the meaning ascribed to it by paragraph 9C of Schedule 1 to the Act.]

Textual Amendments