The Jobseeker’s Allowance Regulations 1996

Linking rule

13.—(1) Subject to sub-paragraph (2) for the [F1 purposes] of this Schedule–

(a) a person shall be treated as being in receipt of a jobseeker’s allowance during the following periods—

(i) any period in respect of which it was subsequently held, on appeal or review, that he was so entitled to a jobseeker’s allowance; and

(ii) any period of 12 weeks or less in respect of which he was not in receipt of a jobseeker’s allowance and which fell immediately between periods in respect of which F2 ...;

[F3 (aa) he was, or was treated as being, in receipt of a jobseeker’s allowance,

(bb) he was treated as entitled to a jobseeker’s allowance for the purposes of sub-paragraphs (5), (6) and (7), or

(cc) (i) above applies;]

(b) a person shall be treated as not being in receipt of a jobseeker’s allowance during any period other than a period to which (a)(ii) above applies in respect of which it is subsequently held on appeal or review that he was not so entitled;

(c) where–

(i) the claimant was a member of a couple or a polygamous marriage; and

(ii) his partner was, in respect of a past period, in receipt of a jobseeker’s allowance for himself and the claimant; and

(iii) the claimant is no longer a member of that couple or polygamous marriage; and

(iv) the claimant made his claim for a jobseeker’s allowance within twelve weeks of ceasing to be a member of that couple or polygamous marriage,

he shall be treated as having been in receipt of a jobseeker’s allowance for the same period as his former partner had been or had been treated, for the purposes of this Schedule, as having been;

(d) where the claimant’s partner’s applicable amount was determined in accordance with paragraph 1(1) (single claimant) or paragraph 1(2) (lone parent) of Schedule 1 (applicable amounts) in respect of a past period, provided that the claim was made within twelve weeks of the claimant and his partner becoming one of a couple or polygamous marriage, the claimant shall be treated as having been in receipt of a jobseeker’s allowance for the same period as his partner had been or had been treated, for the purposes of this Schedule, as having been;

(e) where the claimant is a member of a couple or a polygamous marriage and his partner was, in respect of a past period, in receipt of a jobseeker’s allowance for himself and the claimant, and the claimant has begun to receive a jobseeker’s allowance as a result of an election by the members of the couple or polygamous marriage, he shall be treated as having been in receipt of a jobseeker’s allowance for the same period as his partner had been or had been treated, for the purposes of this Schedule, as having been;

[F4 (ee) where the claimant—

(i) is a member of a couple or a polygamous marriage and the claimant’s partner was, immediately before the participation by any member of that couple or polygamous marriage in an employment programme specified in regulation 75(1)(a)(ii), in receipt of income-based jobseeker’s allowance and his applicable amount included an amount for the couple or for the partners of the polygamous marriage; and

(ii) has, immediately after that participation in that programme, begun to receive income-based jobseeker’s allowance as a result of an election under regulation 4(3B) of the Claims and Payments Regulations by the members of the couple or polygamous marriage,

the claimant shall be treated as having been in receipt of a jobseeker’s allowance for the same period as his partner had been or had been treated, for the purposes of this Schedule, as having been;]

(f) where–

(i) the claimant was a member of a family of a person (not being a former partner) entitled to a jobseeker’s allowance and at least one other member of that family was a child or young person; and

(ii) the claimant becomes a member of another family which includes that child or young person; and

(iii) the claimant made his claim for a jobseeker’s allowance within 12 weeks of the date on which the person entitled to a jobseeker’s allowance mentioned in head(i) above ceased to be so entitled,

the claimant shall be treated as being in receipt of a jobseeker’s allowance for the same period as that person had been or had been treated, for the purposes of this Schedule, as having been.

(2) Where a claimant, with the care of a child, has ceased to be in receipt of a jobseeker’s allowance in consequence of the payment of child support maintenance under the Child Support Act 1991 F5 and immediately before ceasing to be so in receipt an amount determined in accordance with paragraph 6(1)(a)(i) or paragraph 7(l)(a)(i) was applicable to him, then—

(a) if the child support maintenance assessment concerned is terminated or replaced on review by a lower assessment in consequence of the coming into force on or after 18th April 1995 of regulations made under the Child Support Act 1991; or

(b) where the child support maintenance assessment concerned is an interim maintenance assessment and, in circumstances other than those referred to in head (a), it is terminated or replaced after termination by another interim maintenance assessment or by a maintenance assessment made in accordance with Part I of Schedule 1 to the Child Support Act 1991, in either case of a lower amount than the assessment concerned,

sub-paragraph (1)(a)(ii) shall apply to him as if for the words “any period of 12 weeks or less" there were substituted the words “ any period of 26 weeks or less ”.

[F6 (3) For the purposes of this Schedule, where a claimant has ceased to be entitled to a jobseeker’s allowance because he or his partner is participating in arrangements for training made under section 2 of the Employment and Training Act 1973 or attending a course at an employment rehabilitation centre established under that section, he shall be treated as if he had been in receipt of a jobseeker’s allowance for the period during which he or his partner was participating in such a course.]

[F7 (3A) For the purposes of this Schedule, a claimant who has ceased to be entitled to a jobseeker’s allowance because—

(a) that claimant or his partner was participating in an employment programme specified in regulation 75(1)(a)(ii), and

(b) in consequence of such participation the claimant or his partner was engaged in renumerative work or failed to satisfy the condition specified either in section 2(1)(c) or in section 3(1)(a),

shall be treated as if he had been in receipt of a jobseeker’s allowance for the period during which he or his partner was participating in that programme.]

(4) Where, for the purposes of sub-paragraphs [F8 (1), (3) and (3A) ], a person is treated as being in receipt of a jobseeker’s allowance, for a certain period, he shall [F9 , subject to sub-paragraph (4A),] be treated as being entitled to a jobseeker’s allowance for the same period.

(4A) [F10 Where the appropriate amount of a loan exceeds the amount specified in paragraph 10(4), sub-paragraph (4) shall not apply except–

(a) or the purposes of paragraph 6(1) or 7(1); or

(b) where a person has ceased to be in receipt of a jobseeker’s allowance for a period of 52 weeks or less because he or his partner is a welfare to work beneficiary.]

(5) For the purposes of this Schedule, sub-paragraph (6) applies where a person is not entitled to an income-based jobseeker’s allowance by reason only that he has—

(a) capital exceeding £8,000; or

(b) income exceeding the applicable amount which applies in his case; or

[F11 (bb) a personal rate of contribution-based jobseeker’s allowance that is equal to, or exceeds, the applicable amount in his case; or]

(c) both capital exceeding £8,000 and income exceeding the applicable amount which applies in his case.

(6) A person to whom sub-paragraph (5) applies shall be treated as entitled to a jobseeker’s allowance throughout any period of not more than 39 weeks which comprises only days—

(a) on which he is entitled to a contribution-based jobseeker’s allowance, statutory sick pay or incapacity benefit; or

(b) on which he is, although not entitled to any of the benefits mentioned in head (a) above, entitled to be credited with earnings equal to the lower earnings limit for the time being in force in accordance with [F12 regulation 8A or 8B of the Social Security (Credits) Regulations 1975].

(7) Subject to sub-paragraph (8), a person to whom sub-paragraph (5) applies and who is either a person to whom regulation 13(4) applies (persons with caring responsibilities) or a lone parent shall, for the purposes of this Schedule, be treated as entitled to a jobseeker’s allowance throughout any period of not more than 39 weeks following the refusal of a claim for a jobseeker’s allowance made by or on behalf of that person.

(8) Sub-paragraph (7) shall not apply in relation to a person mentioned in that sub-paragraph who, during the period referred to in that sub-paragraph—

(a) is engaged in, or is treated as engaged in, remunerative work or whose partner is engaged in, or is treated as engaged in, remunerative work;

(b) is treated as not available for employment by virtue of regulation 15(a) (circumstances in which students are not treated as available for employment);

(c) is temporarily absent from Great Britain, other than in the circumstances specified in regulation 50 (temporary absence from Great Britain).

(9) In a case where–

(a) sub-paragraphs (6) and (7) apply solely by virtue of sub-paragraph (5)(b), and

(b) the claimant’s income includes payments under a policy taken out to insure against the risk that the policy holder is unable to meet any loan or payment which qualifies under paragraphs 14 to 16,

sub-paragraphs (6) and (7) shall have effect as if for the words “throughout any period of not more than 39 weeks" there are substituted the words “ throughout any period that payments are made in accordance with the terms of the policy ”.

(10) This sub-paragraph applies–

(a) to a person who claims a jobseeker’s allowance, or in respect of whom a jobseeker’s allowance is claimed, and who—

(i) received payments under a policy of insurance taken out to insure against loss of employment, and those payments are exhausted; and

(ii) had a previous award of a jobseeker’s allowance where the applicable amount included an amount by way of housing costs; and

(b) where the period in respect of which the previous award of a jobseeker’s allowance was payable ended not more than 26 weeks before the date the claim was made.

(11) Where sub-paragraph (10) applies, in determining–

(a) for the purposes of paragraph 6(1) whether a person has been entitled to a jobseeker’s allowance for a continuous period of 26 weeks or more; or

(b) for the purposes of paragraph 7(1) whether a claimant has been entitled to a jobseeker’s allowance for a continuous period of 39 weeks or more,

any week falling between the date of the termination of the previous award and the date of the new claim shall be ignored.

[F13 (12) Where the claimant’s partner to whom this paragraph applies is a welfare to work beneficiary, sub-paragraphs (1)(a)(ii), (1)(d) and (1)(f)(iii) shall apply to him as if for the words “twelve weeks" there were substituted the words “52 weeks".]

Textual Amendments

F1 Word in Sch. 2 para. 13(1) substituted (7.10.1996) by The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), reg. 1(1), Sch. Pt. 2

F2 Words in Sch. 2 para. 13(1)(a)(ii) omitted (7.10.1996) by virtue of The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 29(4)

F3 Sch. 2 para. 13(1)(a)(ii), (aa)-(cc) inserted (7.10.1996) by The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 29(4)

F4 Sch. 2 para. 13(1)(ee) inserted (5.1.1998) by The Social Security Amendment (New Deal) Regulations 1997 (S.I. 1997/2863), regs. 1(1), 13(3)(a)

F5 1991 c.48.

F6 Sch. 2 para. 13(3) substituted (7.4.1997) by The Social Security and Child Support (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/827), regs. 1(1), 4(2)

F7 Sch. 2 para. 13(3A) inserted (5.1.1998) by The Social Security Amendment (New Deal) Regulations 1997 (S.I. 1997/2863), regs. 1(1), 13(3)(b)

F8 Words in Sch. 2 para. 13(4) substituted (5.1.1998) by The Social Security Amendment (New Deal) Regulations 1997 (S.I. 1997/2863), regs. 1(1), 13(3)(c)

F9 Words in Sch. 2 para. 13(4) inserted (2.8.1999) by The Income Support (General) and Jobseeker’s Allowance Amendment Regulations 1999 (S.I. 1999/1921), regs. 1, 2(2)(a)

F10 Sch. 2 para. 13(4A) inserted (2.8.1999) by The Income Support (General) and Jobseeker’s Allowance Amendment Regulations 1999 (S.I. 1999/1921), regs. 1, 2(2)(b)

F11 Sch. 2 para. 13(5)(bb) inserted (28.10.1996) by The Social Security and Child Support (Jobseeker’s Allowance) (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/2538), regs. 1, 2(12)(b)

F12 Words in Sch. 2 para. 13(6)(b) substituted (5.4.1999) by The Social Security Benefits (Miscellaneous Amendments) Regulations 1999 (S.I. 1999/714), reg. 2(2)(a)

F13 Sch. 2 para. 13(12) added (5.10.1998) by The Social Security (Welfare to Work) Regulations 1998 (S.I. 1998/2231), regs. 1, 14(4)