The Social Security Amendment (Joint Claims) Regulations 2001

Amendment of the Jobseeker’s Allowance Regulations 1996

2.—(1) The Jobseeker’s Allowance Regulations 1996 M1 shall be amended in accordance with the following paragraphs of this regulation.

(2) In regulation 3A(1) (prescribed description of a joint-claim couple for the purposes of section 1(4)), after the words “where at least one member” there shall be inserted the words “ is aged 18 or over and ”.

(3) For regulation 3D(1)(c) (further circumstances in which a joint-claim couple may be entitled to a joint-claim jobseeker’s allowance), there shall be substituted the following sub-paragraph—

“(c) the other member satisfies the condition in section 1(2)(e) and (h) but is not required to satisfy the other conditions in section 1(2B)(b) M2 because, subject to paragraph (3), he is a person to whom any paragraph in Schedule A1 applies; and”.

(4) In regulation 3E(2) (entitlement of a member of a joint-claim couple to a jobseeker’s allowance without a claim being made jointly by the couple), in both sub-paragraphs (g) and (k), for the words “more than 16 hours” there shall be substituted the words “ 16 hours or more ”.

(5) At the end of regulation 47(4)(b)(ii) (jobseeking period), there shall be added the words “ or on which the claimant is a member of a joint-claim couple and a joint-claim jobseeker’s allowance is not payable or is reduced because he is subject to sanctions by virtue of section 20A ”.

(6) In Schedule A1 (categories of members of a joint-claim couple who are not required to satisfy the conditions in section 1(2B)(b))—

(a) in the heading, for “Regulation 3D(1)(c)(iii)” there shall be substituted “ Regulation 3D(1)(c) ”;

(b) for paragraph 2(1) and (2) there shall be substituted the following sub-paragraphs—

“2.— (1) A member—

(a) who, at the date of claim, is aged 16 or over but under 19 and is receiving full-time education for the purposes of section 142 of the Benefits Act;

(b) who, at the date of claim, is a full-time student; or

(c) to whom (a) or (b) does not apply but to whom sub-paragraph (1A) or (2) does apply.

(1A) This sub-paragraph applies to a member who—

(a) as at the date of claim—

(i) had applied to an educational establishment to commence a full-time course of study commencing from the beginning of the next academic term or, as the case may be, the next academic year after the date of claim and that application has not been rejected; or

(ii) had been allocated a place on a full-time course of study commencing from the beginning of the next academic term or, as the case may be, the next academic year; and

(b) is either—

(i) aged 16 or over but under 19 and is receiving full-time education for the purposes of section 142 of the Benefits Act; or

(ii) a full-time student.

(2) This sub-paragraph applies to a member who has applied to an educational establishment to commence a full-time course of study (other than a course of study beyond a first degree course or a comparable course)—

(a) within one month of—

(i) the last day of a previous course of study; or

(ii) the day on which the member received examination results relating to a previous course of study; and

(b) who is either—

(i) aged 16 or over but under 19 and is receiving full-time education for the purposes of section 142 of the Benefits Act; or

(ii) a full-time student.”.

(7) In the first column of paragraph 20M(4)(i) of Schedule 1 (applicable amounts), for “20I(3)” there shall be substituted “ 20I(4) ”.

Marginal Citations

M1 S.I. 1996/207; the relevant amending instrument is S.I. 2000/1978.

M2 Section 1(2B) was inserted by section 59 of, and Schedule 7 to, the Welfare Reform and Pensions Act 1999 (c. 30), paragraph 2(3).