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The Jobseeker’s Allowance Regulations 1996

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[F1Regulations 85 and 85A]

SCHEDULE 5 APPLICABLE AMOUNTS IN SPECIAL CASES

Textual Amendments

Modifications etc. (not altering text)

C1Sch. 5: sums confirmed (for specified purposes and with effect in accordance with art. 1(2)(k)(ii) of the amending S.I.) by The Social Security Benefits Up-rating Order 2008 (S.I. 2008/632), arts. 1(2)(k)(ii), 24(8), Sch. 17

C2Sch. 5 para. 14: sum maintained (coming into force in accordance with art. 1(2)(j)(ii) of the amending S.I.) by The Social Security Benefits Up-rating Order 2013 (S.I. 2013/574), art. 1(2)(j)(ii), Sch. 12

C3Sch. 5 para. 14: sum maintained (coming into force in accordance with art. 1(2)(h) of the amending S.I.) by The Social Security Benefits Up-rating Order 2014 (S.I. 2014/516), arts. 1(2)(h), 19(1)(8), Sch. 12

C4Sch. 5 para. 14: sum maintained (coming into force in accordance with art. 1(2)(h) of the amending S.I.) by The Social Security Benefits Up-rating Order 2015 (S.I. 2015/457), arts. 1(2)(h), 19(1)(8), Sch. 12

Column (1)Column (2)

F2...

1.

F3...

F3...

[F4Claimant who is a patient]

1A .

F5...

1A.

F5...

2.—(a) F6...

2.—(a) F6...

F7. . .F7. . .

Claimants Without Accommodation

3.

A claimant who is without accommodation.

3.

The amount applicable to him under regulation 83(a) (personal allowance) only.

Members of Religious Orders

4.

A claimant who is a member of and fully maintained by a religious order.

4.

Nil

Specified Cases of Temporarily Separated Couples

5.

A claimant who is a member of a couple and who is temporarily separated from his partner, where—

(a) one member of the couple is–

([F8i) not a patient but is residing in a care home, an Abbeyfield Home or an independent hospital, or ]

(iii) resident in premises used for the rehabilitation of alcoholics or drug addicts, or

(iv) resident in accommodation provided under section 3 of and Part II of the Schedule to, the Polish Resettlement Act 1947 (provision of accommodation in camps)F9,

(v) or participating in arrangements for training made under section 2 of the Employment and Training Act 1973 F10, or section 2 of the Enterprise and New Towns (Scotland) Act 1990 F11 or participating in an employment rehabilitation programme established under that section of the Act of 1973, where the course requires him to live away from the dwelling occupied as the home, or

(vi) in a probation or bail hostel approved for the purpose by the Secretary of State, and

(b) the other member of the couple is–

(i) living in the dwelling occupied as the home, or

(ii) a patient, or

[F12(iii) residing in a care home, an Abbeyfield Home or an independent hospital.]

5.

Either—

(a) the amount applicable to him as a member of a couple under regulation 83; or

(b) the aggregate of his applicable amount and that of his partner assessed under the provisions of these Regulations as if each of them were a single claimant, or a lone parent, whichever is the greater.

Polygamous Marriages where one or more partners are temporarily separated

6.

A claimant who is a member of a polygamous marriage and who is temporarily separated from a partner of his, where one of them is living in the home while the other member is—

([F13a) not a patient but is residing in a care home, an Abbeyfield Home or an independent hospital, or]

(c) resident in premises used for the rehabilitation of alcoholics or drug addicts; or

(d) attending a course of training or instruction provided or approved by the Secretary of State where the course requires him to live away from home; or

(e) in a probation or bail hostel approved for the purpose by the Secretary of State.

6.

Either—

(a) the amount applicable to the members of the polygamous marriage under regulation 84; or

(b) the aggregate of the amount applicable for the members of the polygamous marriage who remain in the home under regulation 84 and the amount applicable in respect of those members not in the home calculated as if each of them were a single claimant, or a lone parent, whichever is the greater.

Single claimants temporarily in local authority accommodation

7.

F14...

7.

F14. . .

Couples and members of polygamous marriages where one member is or all are temporarily in local authority accommodation

8.

F15...

F15. . .

A claimant who is a lone parent who has entered residential accommodation temporarily.

9.

F16...

9.

F16...

Couples where one member is absent from the United Kingdom

10.[F17—(1)] Subject to paragraph 11, a claimant who is a member of a couple and whose partner is temporarily absent from the United Kingdom.

[F18(2) A claimant who is a member of a joint-claim couple and whose partner is temporarily absent from the United Kingdom—

(a) in the circumstances prescribed in regulation 50(6A);

(b) in any other circumstances.]

10.

10.[F17—(1)] For the first four weeks of that absence, the amount applicable to them as a couple under regulation 83F19... as the case may be and thereafter the amount applicable to the claimant in Great Britain under regulation 83F19... as the case may be as if the claimant were a single claimant or, as the case may be, a lone parent.

[F20(2)

(a) For the first four weeks of that absence, the amount applicable to them as a couple under regulation 83 F19... and thereafter the amount applicable to the claimant in Great Britain under regulation 83F19... as if the claimant were a single claimant;

(b) The amount which would be applicable to the claimant under regulation 83F19... if that claimant was a single claimant for the period commencing on the date of claim and ending on the day after the day on which the partner returns to the United Kingdom.]

Couple or member of couple taking child or young person abroad for treatment

11.—(1) A claimant who is a member of a couple where either–

(a) he or his partner is, or

(b) both he and his partner are absent from [F21United Kingdom] in the circumstances specified in sub— paragraph (2),

(2) For the purpose of sub-paragraph (1), the specified circumstances are–

(a) the claimant is absent from the United Kingdom but is treated as [F22available for and actively seeking] employment in accordance with regulations 14(1) and 19(1);

(b) the claimant’s partner is absent from the United Kingdom and regulation 50(5) would have applied to him if he had claimed a jobseeker’s allowance.

11. For the first 8 weeks of that absence, the amount applicable to the claimant under regulation 83F23..., as the case may be, and, thereafter, if the claimant is in Great Britain the amount applicable to him under regulation 83F23..., as the case may be, as if the claimant were a single claimant, or, as the case may be, a lone parent.

Polygamous marriages where any member is abroad

12. Subject to paragraph 13 a claimant who is a member of a polygamous marriage where—

(a) he or one of his partners is, or

(b) he and one or more of his partners are, or

(c) two or more of his partners are,temporarily absent from the United Kingdom;

12. For the first four weeks of that absence, the amount applicable to the claimant under regulations 84 to 87, as the case may be, and thereafter, if the claimant is in Great Britain the amount applicable to him under regulations 84 to 87, as the case may be, as if any member of the polygamous marriage not in the United Kingdom were not a member of the marriage.

Polygamous marriage: taking child or young person abroad for treatment

13.—(1) A claimant who is a member of a polygamous marriage where–

(a) he or one of his partners is,

(b) he and one of his partners are, or

(c) [F21two or more of his partners are, absent from the United Kingdom in the circumstances specified in sub-paragraph (2).]

(2) For the purposes of sub-paragraph (1) the specified circumstances are–

(a) in respect of the claimant, F24... he is absent from the United Kingdom but is treated as available for and actively seeking employment in accordance with regulations 14(1) and 19(1); or

[F25(b)] one or more of the members of the polygamous marriage is absent from the United Kingdom and regulation 50(5) would have applied to the absent partner [F21 if he had claimed a jobseeker’s allowance ]

[F26had claimed a jobseeker’s allowance.]

13. For the first 8 weeks of that absence, the amount applicable to the claimant under regulations 84 to 87, as the case may be, and thereafter, if the claimant is in Great Britain the amount applicable to him under regulations 84 to 87, as the case may be, as if any member of the polygamous marriage not in the United Kingdom were not a member of the marriage.

[F27 Partner of a person subject to immigration control

13A.—(a) A claimant who is the partner of a person subject to immigration control.

(b)Where regulation 84 (polygamous marriages) applies and the claimant is a person–

(i)who is not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act; or

(ii)to whom section 115 of that Act does not apply by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000; and

(iii)who is a member of a couple and one or more of his partners is subject to immigration control within the meaning of section 115(9) of that Act and section 115 of that Act applies to her for the purposes of exclusion from entitlement to income-based jobseeker’s allowance.]

13A

[F28the amount applicable in respect of the claimant only under regulation 83(a), plus any amount which may be applicable to him under regulation 83(e) or (f) plus the amount applicable to him under regulation 87(2) or (3) or, as the case may be, regulation 85;]

[F28the amount determined in accordance with that regulation or regulation 85 in respect of the claimant and any partners of his who are not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act and to whom section 115 of that Act does not apply for the purposes of exclusion from entitlement to jobseeker’s allowance;]

Persons from Abroad

14. [F29person from abroad]

14.—(a) Nil

Persons in residential accommodation

15.

F30...

15.

F30. . .

Persons temporarily absent from a hostel, residential care or nursing home

16.

F31...

16.

F31. . .

Persons in residential care or nursing homes who become patients

17.

F31...

17.

F31. . .

[F32Joint-claim couples where a claim is made other than jointly by both members

17A.

A joint claim couple and one member—

(a) is a person to whom regulation 3E(2)(a) applies;

(b) is a person to whom regulation 3E(2)(b) applies.]

[F3317A.

(a) The amount which would be applicable to the claimant under regulation 83 F34... if that claimant was a single claimant for the period commencing on the day on which the member of the couple who is not the claimant fails to attend at the time and place specified by the Secretary of State for the purposes of regulation 6 of the Claims and Payments Regulations and ending on the day on which that member does so attend;

(b) The amount which would be applicable to the claimant under regulation 83 F34... if that claimant was a single claimant.]

Textual Amendments

F2Sch. 5 para. 1 heading omitted (for specified purposes and with effect in accordance with reg. 1(d) of the amending S.I.) by virtue of The Social Security (Hospital In-Patients) Regulations 2005 (S.I. 2005/3360), reg. 6(5)(a)

F3Sch. 5 para. 1 omitted (for specified purposes and with effect in accordance with reg. 1(d) of the amending S.I.) by virtue of The Social Security (Hospital In-Patients) Regulations 2005 (S.I. 2005/3360), reg. 6(5)(a)

F4Sch. 5 heading inserted (for specified purposes and with effect in accordance with reg. 1(d) of the amending S.I.) by The Social Security (Hospital In-Patients) Regulations 2005 (S.I. 2005/3360), reg. 6(5)(b)(i)

F5Words in Sch. 5 omitted (coming into force in accordance with reg. 1(6) of the amending S.I.) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(6), 3(9)(b)

F6Words in Sch. 5 omitted (with application in accordance with reg. 1(5) of the amending S.I.) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(3), 3(9)(c)

F7Words in Sch. 5 omitted (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) of the amending S.I.) by virtue of The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 2 para. 21(a)

F8Sch. 5 para. 5(a)(i) substituted for Sch. 5 para. 5(a)(i)(ii) (24.10.2005) by The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 2 para. 10(a)(i)

F91947 c.19; amended by Schedule 4 of the Social Security Act 1980 (c.30) and by S.I. 1951/174 and 1968/1699.

F101973 c.50; section 2 was substituted by the Employment Act 1988 (c.19), section 25(1).

F12Sch. 5 para. 5(b)(iii) substituted for Sch. 5 para. 5(b)(iii)(iv) (24.10.2005) by The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 2 para. 10(a)(ii)

F17Sch. 5 para. 10(1): Sch. 5 para. 10 renumbered as Sch. 5 para. 10(1) (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 56(a)

F28Words in Sch. 5 substituted (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) of the amending S.I.) by The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 2 para. 21(c)

F32Words in Sch. 5 para. 17A inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 56(b)(i)

F33Words in Sch. 5 para. 17A inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 56(b)(ii)

Modifications etc. (not altering text)

C5Sch. 5 para. 14: sum confirmed (coming into force in accordance with art. 1(2)(l)(ii) of the amending S.I.) by The Social Security Benefits Up-rating Order 2012 (S.I. 2012/780), arts. 1(2)(l)(ii), 25(8), Sch. 16

C6Sch. 5 para. 4: sum maintained (coming into force in accordance with art. 1(2)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(k), 24(1)(8), Sch. 12

C7Sch. 5 para. 14: sum maintained (coming into force in accordance with art. 1(2)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(k), 24(1)(8), Sch. 12

Rounding of fractions

18.  Where any calculation under this Schedule or as a result of a jobseeker’s allowance being awarded for a period less than one complete benefit week results in a fraction of a penny that fraction shall be treated as a penny.

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