The Jobseeker’s Allowance (Transitional Provisions) Regulations 1996

Claimants subject to disqualification or reduction in benefit E+W+S

16.—(1) In the case of a person who on the relevant day was disqualified for receiving unemployment benefit in accordance with section 28 of the Benefits Act for a period which would not, but for the replacement of unemployment benefit with a jobseeker’s allowance, have expired on that day, the award of a contribution-based jobseeker’s allowance which arises under regulation 6 (Transition from Unemployment Benefit to a Jobseeker’s Allowance: further provisions) shall not be payable for the balance of that period.

(2) A period of disqualification for receiving unemployment benefit as referred to in paragraph (1) shall be treated as a period during which a contribution-based jobseeker’s allowance was not payable to the claimant under section 19 and days during that period shall be treated as days of entitlement to a contribution-based jobseeker’s allowance for the purposes of section 5(1).

(3) In the case of a person who on the relevant day was entitled to income support at a rate reduced in accordance with regulation 21A or 22 of the Income Support Regulations M1 , any award of an income-based jobseeker’s allowance which has effect in accordance with regulation 7 shall be payable at the rate appropriate under section 4(3), reduced by a sum equal to the amount by which the income support had been reduced and only the balance (if any) shall be payable.

(4) In the case of a person who on the relevant day had an award of income support and whose weekly applicable amount was reduced after the relevant day in accordance with regulation 21A of the Income Support Regulations—

(a) any award of an income-based jobseeker’s allowance shall be reduced by a sum equal to an amount by which the weekly applicable amount would have been reduced; and

(b) any denial of a jobseeker’s allowance in accordance with section 19 of the Act in respect of the period during which the weekly applicable amount would have been reduced shall be disregarded.

(5) The reduction mentioned in paragraph (3) or (4) shall end—

(a) in a case where the claimant was disqualified for receiving unemployment benefit and paragraph (1) applies, on the day after the day the balance of the period mentioned in that paragraph ends;

(b) where a claim for unemployment benefit by the claimant, or a question which arose in connection with his award of unemployment benefit, had not been determined on the relevant day, on the day that claim or question is determined in the claimant’s favour;

(c) except in a case which has already ended in accordance with sub-paragraph (a) or (b), on whichever day is the earlier of—

(i) the date the award of an income-based jobseeker’s allowance terminates; or

(ii) the benefit week which included 6th April 1997.

(6) In the case of a person to whom a jobseeker’s allowance is not payable in accordance with section 19 or paragraph (1) for a period ending before or during the benefit week which includes 6th April 1997—

(a) where the period during which a jobseeker’s allowance was not payable ends during a benefit week, any award of an income-based jobseeker’s allowance under section 20(4) or paragraph (3) shall end on the last day of the previous benefit week;

(b) where the period during which a jobseeker’s allowance was not payable ends on the last day of a benefit week, any award of an income-based jobseeker’s allowance under section 20(4) or paragraph (3) shall end on that day.

(7) For the purpose of determining in accordance with paragraph (5)(c)(i) whether an award has terminated, periods of entitlement to an income-based jobseeker’s allowance—

(a) separated by not more than 8 weeks shall link;

(b) separated by more than 8 weeks shall not link,

and in determining whether any particular periods of entitlement link, any period which is for the purposes of regulation 3(2) a linked period shall be disregarded.

Marginal Citations

M1 Regulation 21A was inserted by S.I. 1990/2324; the relevant amending instrument is S.I. 1993/315. Regulation 22 is amended by S.I. 1987/1969, 1988/663, 1989/43, 534, 1034, 1324, 1990/547, 1991/236, 1995/482.