The Social Security (Miscellaneous Amendments) (No. 4) Regulations 1997

Amendment of the Jobseeker’s Allowance Regulations 1996

3.—(1) The Jobseeker’s Allowance Regulations 1996(1) shall be amended in accordance with the following paragraph.

(2) In Schedule 2 (housing costs)—

(a) after paragraph 1 the following paragraph shall be inserted—

“Previous entitlement to income support

1A.— (1) Where a claimant or his partner was in receipt of or was treated as being in receipt of income support not more than 12 weeks before one of them becomes entitled to income-based jobseeker’s allowance or, where the claimant or his partner is a person to whom paragraph 13(2) or (10) (linking rules) refers, not more than 26 weeks before becoming so entitled and—

(a) the applicable amount for income support included an amount in respect of housing costs under paragraph 15 or 16 of Schedule 3 to the Income Support Regulations; and

(b) the circumstances affecting the calculation of those housing costs remain unchanged since the last calculation of those costs,

the applicable amount in respect of housing costs for income-based jobseeker’s allowance shall be the applicable amount in respect of those costs current when entitlement to income support was last determined.

(2) Where, in the period since housing costs were last calculated for income support, there has been a change of circumstances, other than a reduction in the amount of an outstanding loan, which increases or reduces those costs, the amount to be met under this Schedule shall, for the purposes of the claim for income-based jobseeker’s allowance, be recalculated so as to take account of that change.”;

(b) in paragraph 6(2) (existing housing costs) after the words “sub-paragraph (1)” there shall be inserted the words “and subject to sub-paragraph (3)”;

(c) after paragraph 6(2) the following sub-paragraph shall be added—

“(3) Where a claimant or his partner ceases to be in receipt of or treated as being in receipt of income support and one of them becomes entitled to income-based jobseeker’s allowance in a case to which paragraph 1A applies, the eligible capital for the time being owing shall be recalculated on each anniversary of the date on which the housing costs were first met for whichever of the benefits concerned the claimant or his partner was first entitled.”;

(d) in paragraph 7(2) (new housing costs) after the words “sub-paragraph (1)” there shall be inserted the words “and subject to sub-paragraph (2A)”;

(e) after paragraph 7(2) the following sub-paragraph shall be inserted—

“(2A) Where a claimant or his partner ceases to be in receipt of or treated as being in receipt of income support and one of them becomes entitled to income-based jobseeker’s allowance in a case to which paragraph 1A applies, the eligible capital for the time being owing shall be recalculated on each anniversary of the date on which the housing costs were first met for whichever of the benefits concerned the claimant or his partner was first entitled.”.

(1)

S.I. 1996/207 to which there are amendments which are not relevant to these Regulations.