SCHEDULES

[F1SCHEDULE 6ASUMS TO BE DISREGARDED IN THE CALCULATION OF EARNINGS OF MEMBERS OF JOINT-CLAIM COUPLES

Textual Amendments

1.—(1) In a case to which this paragraph applies, [F2£20]; but notwithstanding regulation 88ZA (calculation of income and capital of members of a joint-claim couple), if this paragraph applies to one member of a joint-claim couple, it shall not apply to the other member except where, and to the extent that, the earnings of the member which are to be disregarded under this paragraph are less than [F2£20].

(2) This paragraph applies where the joint-claim couple’s applicable amount includes, or but for one member being an in-patientF3... or in residential accommodation would include, an amount by way of a disability premium under Schedule 1 (applicable amounts).

(3) This paragraph applies where—

(a)the joint-claim couple’s applicable amount would include—

(i)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 a member of that couple not been an in-patientF4... or in residential accommodation, the higher pensioner premium under that Schedule and had that been the case, the joint-claim couple would also satisfy the condition in (i) above; and

(b)either member is under the age of 60 and at least one is engaged in part-time employment.

(4) This paragraph applies where—

(a)the joint-claim couple’s applicable amount includes, or but for a member being an in-patientF5... or in residential accommodation would include, an amount by way of the higher pensioner premium under Schedule 1; and

(b)either member has attained the age of 60; and

(c)immediately before attaining that age either, or as the case may be both, members were engaged in part-time employment and the joint-claimant was entitled by virtue of sub-paragraph (2) or (3) to a disregard of [F2£20]; and

(d)either, or as the case may be both, members have continued in part-time employment.

(5) For the purposes of this paragraph—

(a)except where paragraph (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 either member attained the age of 60 during which either member was, or both members were, not engaged in part-time employment or either member was, or both members were, not entitled to a jobseeker’s allowance or income support; or

(ii)immediately after the date on which either member ceased to participate 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 ceased to participate in an employment rehabilitation programme established under that section of the 1973 Act;

(b)in a case where either or both members have ceased to be entitled to a jobseeker’s allowance or income support because either member becomes engaged in remunerative work, no account shall be taken of any period during which either or both members were not entitled to a jobseeker’s allowance or income support, not exceeding the permitted period, occurring on or after the date on which either member attained the age of 60;

(c)no account shall be taken of any period occurring on or after the date on which either member attained the age of 60 during which either or both members were not entitled to a jobseeker’s allowance or income support because either or both members were 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

F2Word in Sch. 6A para. 1 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(c)(i)