The Jobseeker’s Allowance Regulations 1996

Carer Premium

17.—(1) Subject to sub-paragraphs (3) and (4), the condition is that the claimant or his partner is, or both of them are, [F1 entitled to] invalid care allowance under section 70 of the Benefits Act.

(2) The claimant, his partner, or both of them, as the case may be, shall be treated for the purposes of sub-paragraph (1) as being [F2 entitled to] an invalid care allowance where—

(a) either or both of them would be in receipt of such an allowance but for any provision of the Social Security (Overlapping Benefits) Regulations 1979 F3 ; and

(b) the claim for that allowance was made on or after 1st October 1990; and

(c) the person or persons in respect of whose care the allowance has been claimed remains or remain in receipt of attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act.

[F4 (3) Where a carer premium is awarded but the person in respect of whom it has been awarded ceases to be entitled to an invalid care allowance, the condition for the award of the premium shall be treated as satisfied for a period of eight weeks from the date on which–

(a) where sub-paragraph (2) applies, the person in respect of whose care the invalid care allowance has been claimed ceased to be in receipt of the allowances referred to in paragraph (c) of that sub-paragraph;

(b) in any other case, that person ceased to be entitled to an invalid care allowance.]

[F4 (4) Where a person who has been entitled to an invalid care allowance ceases to be entitled to that allowance and makes a claim for a jobseeker’s allowance, the condition for the award of the carer premium shall be treated as satisfied for a period of eight weeks from the date on which–

(a) where sub-paragraph (2) applies, the person in respect of whose care the invalid care allowance has been claimed ceased to be in receipt of the allowances referred to in paragraph (c) of that sub-paragraph;

(b) in any other case, that person was last entitled to an invalid care allowance.]

Textual Amendments

F1 Words in Sch. 1 para. 17(1) substituted (3.4.2000) by The Social Security (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/681), regs. 1(1)(c), 4(3)(b)(i)

F2 Words in Sch. 1 para. 17(2) substituted (3.4.2000) by The Social Security (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/681), regs. 1(1)(c), 4(3)(b)(ii)

F3 S.I. 1979/597.

F4 Sch. 1 para. 17(3)(4) substituted (3.4.2000) by The Social Security (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/681), regs. 1(1)(c), 4(3)(b)(iii)