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17.—(1) Where—
(a)the qualifying benefit is income support and the person entitled to the qualifying benefit has attained the day immediately preceding his 60th birthday; or
(b)the qualifying benefit is a jobseeker’s allowance and the person entitled to the qualifying benefit has attained the day immediately preceding pensionable age,
and in either case the person is within the bonus period, he shall, notwithstanding that the requirement specified in paragraph (2) is not satisfied in his case, be entitled to a bonus.
(2) The requirement specified in this paragraph is that entitlement to the bonus has not arisen because—
(a)the person has not claimed the bonus;
(b)the work condition is not satisfied; or
(c)the person has not claimed the bonus and the work condition is not satisfied.
(3) [F2In the case of a person who is entitled to a bonus in accordance with paragraph (1)—
(a)the bonus period and the period of entitlement to a qualifying benefit shall end on the date he attained the age of 60, or as the case may be, pensionable age, whichever is the later, provided that that date is not after 24th October 2004;
(b)where that date would be after 24th October 2004 the bonus period and period of entitlement to a qualifying benefit shall be treated as ending on 24th October 2004.]
[F2(4) Where a person who ceases to be entitled to a jobseeker’s allowance after attaining the age of 60 becomes entitled to [F3state pension credit] within 12 weeks of ceasing to be entitled to a jobseeker’s allowance, or after an intervening period as provided for in regulation 2, he shall be entitled to a bonus in accordance with paragraph (1)(a) on the day he claims [F3state pension credit], and notwithstanding paragraph (3) his bonus period shall be treated as ending on the day he claims [F3state pension credit].
(5) Where, 12 weeks before attaining—
(a)the age of 60, the person ceased to be entitled to income support; or
(b)pensionable age, the person ceased to be entitled to a jobseeker’s allowance,
but failed to satisfy any one of the conditions specified in regulation 7, he shall, if he makes a claim for a bonus in the period of 12 weeks after he attains that age, be entitled to the bonus notwithstanding his failure to satisfy any of those conditions.
(6) Where a person to whom paragraph (5) applies becomes entitled to [F4state pension credit] within the period of 12 weeks after he attains the age of 60, or, as the case may be, pensionable age, or after an intervening period as provided for in regulation 2, he shall be entitled to a bonus notwithstanding his failure to satisfy any one of the conditions specified in regulation 7.
(7) The amount of any bonus to which a person may be entitled in accordance with this regulation shall be calculated in accordance with regulation 8.
[F5(8) In this regulation, “state pension credit” means the benefit of that name payable under the State Pension Credit Act 2002.]]]
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)
F2Words in reg. 1 substituted (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. 10(3) (with reg. 10)
F3Words in reg. 17(4) substituted (6.10.2003) by The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) (No. 2) Regulations 2002 (S.I. 2002/3197), regs. 1(1)(b), 7(2)(a)
F4Words in reg. 17(6) substituted (6.10.2003) by The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) (No. 2) Regulations 2002 (S.I. 2002/3197), regs. 1(1)(b), 7(2)(a)
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