The Jobseeker’s Allowance Regulations 1996

Changes over time for: Paragraph 5

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Point in time view as at 15/07/2011.

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There are currently no known outstanding effects for the The Jobseeker’s Allowance Regulations 1996, Paragraph 5.

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5.—(1) In a case to which this paragraph applies, £15; but notwithstanding regulation 88 (calculation of income and capital of members of claimant’s family and of a polygamous marriage), if this paragraph applies to a claimant it shall not apply to his partner except where, and to the extent that, the earnings of the claimant which are to be disregarded under this paragraph are less than [F1£20].

(2) This paragraph applies where the claimant’s applicable amount includes, or but for his being an in-patientF2... F3... would include, an amount by way of a disability premium under Schedule 1 (applicable amounts).

(3) This paragraph applies where–

(a)the claimant is a member of a couple, and–

(i)his applicable amount would include an amount by way of the disability premium under Schedule 1 but for the higher pensioner premium under that Schedule being applicable; or

(ii)had he not been an in-patient F4... F5... his applicable amount would include the higher pensioner premium under that Schedule and had that been the case he would also satisfy the condition in (i) above; and

(b)he or his partner [F6has not attained the qualifying age for state pension credit] and at least one is engaged in part-time employment.

(4) This paragraph applies where–

(a)the claimant’s applicable amount includes, or but for his being an in-patient F7...F8... would include, an amount by way of the higher pensioner premium under Schedule 1; and

(b)the claimant or, if he is a member of a couple, either he or his partner has attained [F9the qualifying age for state pension credit]; and

(c)immediately before attaining that age he or, as the case may be, he or his partner was engaged in part-time employment and the claimant was entitled by virtue of sub-paragraph (2) or (3) to a disregard of [F1£20]; and

(d)he or, as the case may be, he or his partner has continued in part-time employment.

F10(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) For the purposes of this paragraph–

(a)except where head (b) or (c) applies, no account shall be taken of any period not exceeding eight consecutive weeks occurring—

(i)on or after the date on which the claimant or, if he is a member of a couple, he or his partner attained [F11the qualifying age for state pension credit] during which either was or both were not engaged in part-time employment or the claimant was not entitled to a jobseeker’s allowance[F12, income support or an employment and support allowance]; or

(ii)immediately after the date on which the claimant or his partner ceased to participate in arrangements for training made under section 2 of the Employment and Training Act 1973 F13 or section 2 of the Enterprise and New Towns (Scotland) Act 1990 F14 or to participate in an employment rehabilitation programme established under that section of the 1973 Act;

(b)in a case where the claimant has ceased to be entitled to a jobseeker’s allowance[F12, income support or an employment and support allowance] because he, or if he is a member of a couple, he or his partner becomes engaged in remunerative work, no account shall be taken of any period, during which he was not entitled to a jobseeker’s allowance[F12, income support or an employment and support allowance], not exceeding the permitted period, occurring on or after the date on which the claimant or, as the case may be, his partner attained [F15the qualifying age for state pension credit];

(c)no account shall be taken of any period occurring on or after the date on which the claimant or, if he is a member of a couple, he or his partner attained [F16the qualifying age for state pension credit] during which the claimant was not entitled to a jobseeker’s allowance[F12, income support or an employment and support allowance] because he or his partner was participating in arrangements for training made under section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990 or participating in an employment rehabilitation programme established under that section of the 1973 Act;

Textual Amendments

F1Word in Sch. 6 para. 5 substituted (1.4.2001 for specified purposes, 2.4.2001 for specified purposes, 9.4.2001 in so far as not already in force) by The Social Security Amendment (Capital Limitsand Earnings Disregards) Regulations 2000 (S.I. 2000/2545), regs. 1(1)(a)(ii)(b)(c), 3, Sch. para. 3(b)(i) (with reg. 4)

F2Words in Sch. 6 para. 5(2) omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), Sch. Pt. 2 para. 22(a)

F3Words in Sch. 6 para. 5(2) omitted (24.10.2005) by virtue of The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 2 para. 12

F4Words in Sch. 6 para. 5(3)(a)(ii) omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), Sch. Pt. 2 para. 22(a)

F5Words in Sch. 6 para. 5(3)(a)(ii) omitted (24.10.2005) by virtue of The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 2 para. 12

F6Words in Sch. 6 para. 5(3)(b) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 15(2)(a)

F7Words in Sch. 6 para. 5(4)(a) omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), Sch. Pt. 2 para. 22(a)

F8Words in Sch. 6 para. 5(4)(a) omitted (24.10.2005) by virtue of The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 2 para. 12

F9Words in Sch. 6 para. 5(4)(b) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 15(2)(b)

F10Sch. 6 para. 5(5)(6) revoked (3.4.2000) by The Social Security (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/681), regs. 1(1)(c), 12(b)

F11Words in Sch. 6 para. 5(7)(a)(i) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 15(2)(b)