The Social Security Amendment (New Deal) Regulations 1997

Amendment of Schedule 3 to the Income Support Regulations

16.—(1) Schedule 3 to the Income Support Regulations M1 (housing costs) shall be amended in accordance with the following paragraphs of this regulation.

(2) In paragraph 4 M2 , after sub-paragraph (4) there shall be inserted the following sub-paragraph—

“(4A) For the purposes of sub-paragraph (4), a person shall be treated as entitled to income support during any period when he or his partner was not so entitled because—

(a) that person or his partner was participating in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996; and

(b) in consequence of such participation that person or his partner was engaged in remunerative work or had an income in excess of the claimant’s applicable amount as prescribed in Part IV.”.

(3) In paragraph 14 M3 —

(a) in sub-paragraph (1), after head (e) there shall be inserted the following head—

“(ee) where the claimant—

(i) is a member of a couple or a polygamous marriage and the claimant’s partner was, immediately before the participation by any member of that couple or polygamous marriage in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996, in receipt of income support and his applicable amount included an amount for the couple or for the partners of the polygamous marriage; and

(ii) has, immediately after that participation in that programme, begun to receive income support as a result of an election under regulation 4(3) of the Social Security (Claims and Payments) Regulations 1987 by the members of the couple or polygamous marriage,

the claimant shall be treated as having been in receipt of income support for the same period as his partner had been or had been treated, for the purposes of this Schedule, as having been;”;

(b) after sub-paragraph (3) there shall be inserted the following sub-paragraph—

“(3ZA) For the purposes of this Schedule, a claimant who has ceased to be entitled to income support because—

(a) that claimant or his partner was participating in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996; and

(b) in consequence of such participation the claimant or his partner was engaged in remunerative work or had an income in excess of the claimant’s applicable amount as prescribed in Part IV,

shall be treated as if he had been in receipt of income support for the period during which he or his partner was participating in that programme.”;

(c) in sub-paragraph (3A), for the words “(1) and (3)" there shall be substituted the words “ (1), (3) and (3ZA) ”;

(d) after sub-paragraph (3A) there shall be inserted the following sub-paragraph—

“(3B) For the purposes of this Schedule, in determining whether a person is entitled to or to be treated as entitled to income support, entitlement to a contribution-based jobseeker’s allowance immediately before a period during which that person or his partner is participating in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996 shall be treated as entitlement to income support for the purposes of any requirement that a person is, or has been, entitled to income support for any period of time.”.

Marginal Citations

M1 Schedule 3 was substituted by S.I. 1995/1613.

M2 Paragraph 4 was amended by S.I. 1995/2927 and 1996/1944.

M3 Paragraph 14 was amended by S.I. 1995/2927 and 1996/206 and 1944.