[F1 Couples who separate where the partner has earningsE+W+S
11.—(1) This regulation applies where—
(a)a person who is in receipt of a qualifying benefit other than a contribution-based jobseeker’s allowance has a partner;
(b)the partner has earnings; and
(c)he and the partner separate (“the separated partner").
(2) From the date of separation, any part of the bonus which, in accordance with regulation 8(1)(b) accrued by virtue of the separated partner’s earnings shall, except to the extent specified in paragraph (4) or where paragraph (6) applies, accrue to that partner or in accordance with paragraph (5) (partners who form a new relationship) and not to the other member of the couple.
(3) The amount which shall accrue to the separated partner in accordance with paragraph (2) (referred to in this regulation as “the accrued bonus") shall be the aggregate of the weekly amounts determined in accordance with the formula—
where—
A is the earnings of the separated partner in the benefit week in question in respect of which he has earnings in that part of the bonus period which falls before the date of separation;
B is the total of the earnings of both members of the couple, or in the case of a polygamous marriage, all the members of the marriage, in that week in that part of the bonus period which falls before the date of separation; and
C is the amount of the bonus calculated in respect of that week which would have been payable had it been payable on the day before the couple, or some or all of the members of a polygamous marriage, separated in respect of the earnings of both, or, as the case may be, all of them.
(4) In paragraph (3), no account shall be taken at A and B of the earnings of a partner which were taken into account for the purposes of a qualifying benefit before the person became a member of a couple; and the amount of the bonus payable in respect of those earnings shall continue to be determined in accordance with regulation 8.
(5) Where the separated partner becomes the partner of another recipient (“the new partner") of a qualifying benefit within 12 weeks of the date of separation, then the new partner shall have the same rights to the accrued bonus as the person who was formerly the partner would have had on the day before the separation had the bonus been payable on that day.
(6) Where the conditions for entitlement to a bonus, other than the need to make a claim, are fulfilled before the date of separation, but the claim for the bonus is made after the date of separation, the bonus shall be payable to the person entitled to the qualifying benefit before those conditions were fulfilled and no part of it shall be payable to the separated partner.]
Textual Amendments
F1Instrument revoked (25.10.2004) by The Social Security (Back to Work Bonus and Lone Parent Run-on) (Amendment and Revocation) Regulations 2003 (S.I. 2003/1589), reg. 8 (with reg. 10)