8

1

This Part applies on and after 5th January 2010 to a person (“C”) who—

a

claims a relevant benefit after 4th January 2009; and

b

satisfies any of the following conditions.

2

The first condition is that Part 2 applied to C at any time.

3

The second condition is that this Part (as it has effect on and after 5th January 2010) applied to C in relation to a previous award.

4

The third condition is that—

a

neither C nor C’s partner has been awarded a relevant benefit as the result of an earlier claim (whether the award was made before or on or after 5th January 2009);

b

neither C nor C’s partner is in receipt of state pension credit before the date on which C’s claim is made or treated as made; and

c

C does not fall to be treated under a linking rule as being in continuous receipt of the benefit to which C’s claim relates in respect of a period which begins on or before 4th January 2009 and which ends immediately before the date on which C’s claim is made or is treated as made.

5

The fourth condition is that—

a

C is not in receipt of a relevant benefit immediately before the date on which a claim made by C after 4th January 2009 is made or treated as made;

b

neither C nor C’s partner is in receipt of state pension credit before that claim is made or treated as made;

c

C or C’s partner was awarded a relevant benefit as the result of a claim made or treated as made before that claim; and

d

C does not fall to be treated under a linking rule as being in continuous receipt of a relevant benefit during the period which falls immediately between the date on which a claim to which this provision relates is made or treated as made and the last period to occur before that date in respect of which C was in receipt of a relevant benefit (whether as a single person or as a member of a couple or polygamous marriage).

6

The fifth condition is that—

a

C or C’s partner is in receipt of state pension credit before the date on which any claim for a relevant benefit made by C or C’s partner after 4th January 2009 is made or treated as made; and

b

none of the following provisions apply in relation to any such claim—

i

paragraph 3(2) (previous entitlement to other income-related benefits) of Schedule 6 (housing costs) to the Employment and Support Allowance Regulations8;

ii

paragraph 1A(1A) (previous entitlement to income-based jobseeker’s allowance, income-related employment and support allowance or state pension credit) of Schedule 3 (housing costs) to the Income Support Regulations9;

iii

paragraph 1A(1ZA) or (1B) (previous entitlement to income support, income-related employment and support allowance or state pension credit) of Schedule 2 (housing costs) to the Jobseeker’s Allowance Regulations10.

7

In this regulation—

• a “linking rule” means a provision of—

  1. a

     paragraph 15 (linking rule) of Schedule 6 (housing costs) to the Employment and Support Allowance Regulations,

  2. b

     paragraph 14 (linking rule) of Schedule 3 (housing costs) to the Income Support Regulations, or (as the case may be)

  3. c

     paragraph 13 (linking rule) of Schedule 2 (housing costs) to the Jobseeker’s Allowance Regulations;

• “partner” has the same meaning as in regulation 1(3) (citation, commencement and interpretation) of the Jobseeker’s Allowance Regulations11.