The Jobseeker’s Allowance Regulations 1996

Waiting Days

46.—(1) Paragraph 4 of Schedule 1 to the Act shall not apply in a case where–

(a) a person’s entitlement to a jobseeker’s allowance commences within 12 weeks of an entitlement of his to income support, incapacity benefit[F1 , employment and support allowance] or [F2 carer’s allowance] coming to an end; or

(b) a claim for a jobseeker’s allowance falls to be determined by reference to section 3(1)(f)(ii) (persons under the age of 18)[F3 ; or]

[F4 (c) a joint-claim couple are entitled to a joint-claim jobseeker’s allowance in respect of themselves and that paragraph of that Schedule has already applied to one member of that couple in respect of a jobseeking period which is linked to a jobseeking period relating to that member which has commenced by virtue of his having claimed a jobseeker’s allowance as a member of that couple;

(d) a joint-claim couple have claimed a jobseeker’s allowance jointly within 12 weeks of either member of that couple being entitled to a jobseeker’s allowance, income support, incapacity benefit[F5 , employment and support allowance] or [F2 carer’s allowance];

(e) a member of a joint-claim couple is both in receipt of a training allowance and the nominated member for the purposes of section 3B.]

(2) In the case of a person to whom paragraph 4 of Schedule 1 to the Act applies, the number of days is [F6 7].

Textual Amendments

F1 Words in reg. 46(1)(a) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(6)(a)

F2 Words in reg. 46 substituted (1.4.2003) by The Social Security (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/511), regs. 1, 3(4)(5)

F3 Word in reg. 46(1)(b) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 10(a)

F4 Reg. 46(1)(c)-(e) added (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 10(b)

F5 Words in reg. 46(1)(d) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(6)(b)

F6 Word in reg. 46(2) substituted (5.4.1999) by The Jobseeker’s Allowance (Amendment) Regulations 1998 (S.I. 1998/71), regs. 1(1), 2 (with reg. 4)