The Jobseeker’s Allowance Regulations 1996

[^key-089d75a7d0ec8468bdb214bbe8fb9db9]: Sch. 1 para. 20H(1)(h)(v) and word inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 7(7)(f)(v)

[^key-d2db9256f69660fefd7f863477c9cf1f]: Word in Sch. 1 para. 20H(1)(h) substituted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 7(7)(f)(vi)

[^key-92e8fd832801fb23e4ce18d1a6bfc99f]: Words in Sch. 1 para. 20I(1)(a) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 7(7)(g)(i)

[^key-c3d8d70a2ded595a532e4b0b0740170f]: Words in Sch. 1 para. 20I(3)(a) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 7(7)(g)(i)

[^key-aee91acd4291c3584fe6715da3eb94c6]: Sch. 1 para. 20I(4)(e) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 7(7)(g)(ii)

[^key-a4a48bdcdc7b9514c0befaffe519649d]: Word in Sch. 1 para. 20IA(1) omitted (21.3.2025) by virtue of The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 7(7)(h)(i)

[^key-d82ca7e9044c352f882e04dc69c844f2]: Sch. 1 para. 20IA(1)(aa) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 7(7)(h)(ii)

[^key-973910c5c2bf578768ebc3a356c2927f]: Sch. 2 para. 17(6)(b)(iib) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 7(8)(a)

[^key-2e2ca8f72c40c29d0dddf052f4e54cc7]: Words in Sch. 2 para. 17(8)(a) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 7(8)(b)

[^key-6128b80f892f39ceb04810af5a88fc93]: Words in reg. 1(3) inserted (6.4.2025) by The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025 (S.I. 2025/201), regs. 1(2), 6(2)

[^key-5bc866abb4aeb5de12d24ef787aca446]: Words in reg. 15(1)(bc) inserted (6.4.2025) by The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025 (S.I. 2025/201), regs. 1(2), 6(3)(a)

[^key-55e37aadddea6d08d7fccd5d7878665b]: Words in reg. 15(1)(bc) substituted (6.4.2025) by The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025 (S.I. 2025/201), regs. 1(2), 6(3)(b)

[^key-4e73c97222f63cac6521e12c3d016166]: Words in reg. 52(1) inserted (6.4.2025) by The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025 (S.I. 2025/201), regs. 1(2), 6(4)

[^key-2c1cd0081cbb820aaa609edfcbedf449]: Words in reg. 98(2)(c) inserted (6.4.2025) by The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025 (S.I. 2025/201), regs. 1(2), 6(5)

[^key-27ee45ca105b42f5ba26cf763fe66492]: Words in Sch. 7 para. 4 inserted (6.4.2025) by The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025 (S.I. 2025/201), regs. 1(2), 6(6)(a)

[^key-8bc75e1900ea38052380e9d1ff120bad]: Words in Sch. 7 para. 4 inserted (6.4.2025) by The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025 (S.I. 2025/201), regs. 1(2), 6(6)(b)

[^key-13d8f81d3fb5e24233aff3a21cef1266]: Reg. 50(5A) inserted (18.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025 (S.I. 2025/884), regs. 1(1), 5(2)(c)

[^key-934bf8fee62c9e8e36c1a6bde3905936]: Reg. 50(6E) inserted (18.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025 (S.I. 2025/884), regs. 1(1), 5(2)(d)

[^key-66ffc71c015b9a5782e6ed90043d2887]: Word in reg. 50(1)(b) substituted for full stop (18.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025 (S.I. 2025/884), regs. 1(1), 5(2)(a)

[^key-2ccdde33b393f0065c7c1359cf0fc09c]: Reg. 50(1)(c) inserted (18.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025 (S.I. 2025/884), regs. 1(1), 5(2)(b)

[^key-bbe62a330619e9c98967670cb634aca4]: Words in reg. 1(3) inserted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment) (No. 2) Regulations 2025 (S.I. 2025/778), regs. 1(1), 3(2)(a)

[^key-f7059494cf72aae9c194c8dcaf111d42]: Words in reg. 1(3) substituted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment) (No. 2) Regulations 2025 (S.I. 2025/778), regs. 1(1), 3(2)(b)

[^key-48e1fa1dd694ad860fec3f889e052667]: Reg. 105(10A)(ag) inserted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment) (No. 2) Regulations 2025 (S.I. 2025/778), regs. 1(1), 3(3)

[^key-f098c71677391b4880903b2d96fc2c5a]: Reg. 110(10)(ag) inserted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment) (No. 2) Regulations 2025 (S.I. 2025/778), regs. 1(1), 3(4)

[^key-876716780aafea719506560c7d03ca22]: Reg. 113(3B)(g) inserted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment) (No. 2) Regulations 2025 (S.I. 2025/778), regs. 1(1), 3(5)

[^key-8a3ef3bbd734edbdd0f379cb2bb0f136]: Sch. 7 para. 41(1A)(f) inserted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment) (No. 2) Regulations 2025 (S.I. 2025/778), regs. 1(1), 3(7)(a)

[^key-50c0eafb9dc4bf5c8074a905f6eb99e6]: Words in Sch. 7 para. 41(2)-(6) substituted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment) (No. 2) Regulations 2025 (S.I. 2025/778), regs. 1(1), 3(7)(b)

[^key-706b6eec7992574e19a357018af538bc]: Words in Sch. 8 para. 27(1A) substituted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment) (No. 2) Regulations 2025 (S.I. 2025/778), regs. 1(1), 3(8)(a)

[^key-8ed2f6bff94ae7f63e85b7dec8e734b9]: Words in Sch. 8 para. 27(6) substituted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment) (No. 2) Regulations 2025 (S.I. 2025/778), regs. 1(1), 3(8)(b)

[^key-e1cca111c59e446248e222fd14b7a3e1]: Words in Sch. 8 para. 27(2)-(5) substituted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment) (No. 2) Regulations 2025 (S.I. 2025/778), regs. 1(1), 3(8)(b)

[^key-ea96dd8f6dbe700c638f993e49ac2fcb]: Words in Sch. 2 para. 17(8)(b) substituted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment) (No. 2) Regulations 2025 (S.I. 2025/778), regs. 1(1), 3(6)

[^key-08f0883a1e794cc40002d101faac01b9]: Sch. 7 paras. 84, 85 inserted (15.3.2026) by The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026 (S.I. 2026/246), arts. 1(2), 12(4)

[^key-0c0813746ee65ea4fa4fc881deefd937]: Words in reg. 1(3) substituted (15.3.2026) by The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026 (S.I. 2026/246), arts. 1(2), 12(2)

[^key-8e328a23049e2df19b193afc6cb44b1c]: Sch. 1 para. 17(5) inserted (15.3.2026) by The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026 (S.I. 2026/246), arts. 1(2), 12(3)(a)(iv)

[^key-3b57c472e5c01b88401a22f91b191c28]: Words in Sch. 1 para. 17(1) substituted (15.3.2026) by The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026 (S.I. 2026/246), arts. 1(2), 12(3)(a)(i)

[^key-9d8ed7c5f1dad033d83caf5226c1be32]: Words in Sch. 1 para. 17(3) substituted (15.3.2026) by The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026 (S.I. 2026/246), arts. 1(2), 12(3)(a)(ii)

[^key-b9e69bf4bd32112f8e7adfee47778ea0]: Words in Sch. 1 para. 17(4) substituted (15.3.2026) by The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026 (S.I. 2026/246), arts. 1(2), 12(3)(a)(iii)

[^key-cf21e5d13cd5e180f12e9b952e033729]: Words in Sch. 8 para. 12(1)(a) substituted (15.3.2026) by The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026 (S.I. 2026/246), arts. 1(2), 12(5)(a)

[^key-8c3852d2321c3aaadb0f3f6f072bf1d0]: Sch. 8 para. 12(1)(g) inserted (15.3.2026) by The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026 (S.I. 2026/246), arts. 1(2), 12(5)(b)

[^key-0eb3d1f57538ace15dfb18e861e56bd5]: Words in Sch. 1 para. 20J(1) substituted (15.3.2026) by The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026 (S.I. 2026/246), arts. 1(2), 12(3)(b)(i)

[^key-59a3008f89686fea06223d6cc7fcd3ba]: Words in Sch. 1 para. 20J(3) substituted (15.3.2026) by The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026 (S.I. 2026/246), arts. 1(2), 12(3)(b)(ii)

[^key-914f09f479e08c940df99dbd43461866]: Sch. 1 para. 20J(5) inserted (15.3.2026) by The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026 (S.I. 2026/246), arts. 1(2), 12(3)(b)(iv)

[^key-1480d43da3120c62a2e5c067b898988e]: Words in Sch. 1 para. 20J(4) substituted (15.3.2026) by The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026 (S.I. 2026/246), arts. 1(2), 12(3)(b)(iii)

[^key-d39d30721b171104fd30b65a97ec2a3d]: Reg. 83(b): sum confirmed (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(i), 26(2)(a)

[^key-031a6424e38bd6dbe932ad3a8116043b]: Reg. 84(1)(c): sum confirmed (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(i), 26(2)(a)

[^key-fa89d5787c5b851a59b1cb9caca2fca7]: Reg. 85(1): sum confirmed (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(i), 26(2)(a)

[^key-d3cdea7b79d6ecc21b2c13da02c1cfb6]: Sch. 1 para. 16(2)(a): sum confirmed (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(i), 26(2)(b)

[^key-8630b99a9c2d7f533bbbed165abc1f73]: Sch. 1 para. 15A(2)(a): sum confirmed (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(i), 26(2)(b)

[^key-b82d54564fc34948de54d7f69be6346f]: Sch. 1 Pt. 4B table substituted (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(i), 26(6), Sch. 10

[^key-fc1bae4926a7d02ef6546ab3c05285e4]: Sch. 1 Pt. IV table substituted (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(i), 26(5), Sch. 9

[^key-7964d5e8a343b0b54784ea5530e9e096]: Sum in Reg. 79(1)(a) substituted (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(i), 25(a)

[^key-1fa6c4ad2996afb29fde0ad7cbc59931]: Sum in Reg. 79(1)(c) substituted (coming into force in accordance with arts. 1(3)(i)(5), 7 of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(i), 25(b)

[^key-22cd9bc96da615eafb9a14118be1b233]: Sum in Reg. 172 substituted (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(i), 27

[^key-0669d09c470be2c33a84770abc424c0f]: Sch. 1 para. 1 table substituted (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(i), 26(3)(a), Sch. 8

[^key-c27e1594e49ca765ea1e0cd2e17573e6]: Sum in Sch. 1 para. 2(1)(a) substituted (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(i), 26(3)(b)

[^key-8d105cd8b140fdbb25208fe8211a2ef7]: Sum in Sch. 1 para. 2(1)(b) substituted (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(i), 26(3)(b)

[^key-0287d7e4f756eb3c2732a819fcff52f9]: Sum in Sch. 1 para. 4(1)(a) substituted (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(i), 26(4)(a)

[^key-487c521fbce213b541041592ddd25a8c]: Sum in Sch. 1 para. 4(1)(b) substituted (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(i), 26(4)(b)

[^key-256e6e3302976ce78da89f8fab0f5dd4]: Sum in Sch. 2 para. 17(1)(a) substituted (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(i), 26(7)(a)

[^key-63f3cbfa3c22ab284f504a44082dea44]: Sum in Sch. 2 para. 17(1)(b) substituted (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(i), 26(7)(b)

[^key-91d42ec04aa114886a12e22214b827a9]: Sum in Sch. 2 para. 17(2)(a) substituted (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(i), 26(7)(c)

[^key-ed4403543056644f19fe63f1d7c2907e]: Sum in Sch. 2 para. 17(2)(b) substituted (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(i), 26(7)(d)(i)

[^key-8b85cd29ec696acde79eecba95361d27]: Sum in Sch. 2 para. 17(2)(b) substituted (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(i), 26(7)(d)(ii)

[^key-a82e8cb4efd6dfd8915142460430c4c1]: Sum in Sch. 2 para. 17(2)(b) substituted (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(i), 26(7)(d)(iii)

[^key-b64ecef08416af2a73a6ec144fd17a8e]: Sum in Sch. 2 para. 17(2)(c) substituted (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(i), 26(7)(e)(i)

[^key-19401758d83d3569342b5a5045527339]: Sum in Sch. 2 para. 17(2)(c) substituted (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(i), 26(7)(e)(ii)

[^key-b79f9d532560e7877016ea7e8ab32fea]: Sum in Sch. 2 para. 17(2)(c) substituted (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(i), 26(7)(e)(iii)

[^key-700825d300ac2e0edb1371b8a1c34950]: Sum in Sch. 2 para. 17(2)(d) substituted (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(i), 26(7)(f)(i)

[^key-67eea69ba287f3de8233da93808fdaf0]: Sum in Sch. 2 para. 17(2)(d) substituted (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(i), 26(7)(f)(ii)

[^key-a2681e8a452db1c71fa4a3188c8a60a9]: Sum in Sch. 2 para. 17(2)(d) substituted (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(i), 26(7)(f)(iii)

[^key-9b766629b22a00973d9f0dba9e9e0480]: Sum in Sch. 2 para. 17(2)(e) substituted (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(i), 26(7)(g)(i)

[^key-f76299b4e3c49e8401e3b70f40414967]: Sum in Sch. 2 para. 17(2)(e) substituted (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(i), 26(7)(g)(iii)

[^key-e148b0e864289b2b253c26a99052a18d]: Sum in Sch. 2 para. 17(2)(e) substituted (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(i), 26(7)(g)(ii)

Jobseeking periods: periods of interruption of employment

47A

• (1) For the purposes of section 2(4)(b)(i) and for determining any waiting days—

• (za) where a linked period commenced before 7th October 1996..., any days of unemployment which form part of a period of interruption of employment where the last day of unemployment in that period of interruption of employment was no more than 8 weeks before the date upon which that linked period commenced;

• (a) where a jobseeking period or a linked period commences on 7th October 1996, any period of interruption of employment ending within the 8 weeks preceding the day the jobseeking period or linked period commenced,

• (b) where a jobseeking period or a linked period commences after 7th October 1996, any period of interruption of employment ending within the 12 weeks preceding that date,

shall be treated as a jobseeking period and, for the purposes of paragraph (za), a day shall be treated as being, or not being, a day of unemployment in accordance with section 25A of the Social Security Contributions and Benefits Act 1992 and with any regulations made under that section, as in force on 6th October 1996.

• (2) In paragraph (1) “period of interruption of employment" in relation to a period prior to 7th October 1996 has the same meaning as it had in the Benefits Act by virtue of section 25A of that Act (determination of days for which unemployment benefit is payable) as in force on 6th October 1996.

Linking Periods

Persons approaching Retirement and the Jobseeking Period

Persons temporarily absent from Great Britain

Remunerative Work

Persons treated as engaged in remunerative work

Persons treated as not engaged in remunerative work

Relevant education

Short periods of sickness

Prescribed amount of earnings

Actively seeking employment in the period at the beginning of a claim

18A

• (1) Paragraph (2) applies in any case , other than a case which falls within regulation 19(1)(i) or (s), where the period beginning on the date of claim and ending on the day before the beginning of the first week after the date of claim is less than 7 days.

• (2) Where this paragraph applies, a person is actively seeking employment in the period referred to in paragraph (1) if he takes in that period such steps as he can reasonably be expected to have to take in order to have the best prospects of securing employment and in determining whether a person has taken such steps—

• (a) the steps which it is reasonable for him to be expected to have to take include those referred to in regulation 18(2); and

• (b) regard shall be had to all the circumstances of the case, including those matters referred to in regulation 18(3).

Circumstances in which a person is to be treated as actively seeking employment

Further circumstances in which a person is to be treated as actively seeking employment: laid off and short-time workers

Interpretation of certain expressions for the purposes of regulations 18(3)(f)(i) and 19(1)(d)

56

Any payment made ... as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013 , or under sections 12A to 12D of the National Health Service Act 2006 (direct payments for health care) or under sections 31 to 33 of the Care Act 2014 (direct payments), or under regulations made under section 57 of the Health and Social Care Act 2001 (direct payments) or under regulations made under section 57 of the Health and Social Care Act 2001 (direct payments) or in accordance with regulations made under section 50 or 52 of the Social Services and Well-being (Wales) Act 2014 (direct payments).

57

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

58

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

59

• (1) Any payment specified in sub-paragraph (2) to a claimant who was formerly a full-time student and who has completed the course in respect of which those payments were made.

• (2) The payments specified for the purposes of sub-paragraph (1) are—

• (a) any grant income and covenant income as defined for the purposes of Chapter IX of Part VIII;

• (b) any student loan as defined in Chapter IX of Part VIII;

• (c) any contribution as defined in Chapter IX of Part VIII which—

• (i) is taken into account in ascertaining the amount of a student loan referred to in head (b); and

• (ii) has been paid.

The following Table is for transitional purposes only see SI 1997/543 Art. 24(4).

(1)	(2)
Child or Young Person	Amount
Person aged—	Person aged—
(a)less than 11;	(a)£16.45
(b)not less than 11 but less than 16;	(b)£24.10
(c)not less than 16 but less than 18;	(c)£28.85
(d)not less than 18.	(d)£37.90

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 or income-related employment and support allowance 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 or income-related employment and support allowance included an amount in respect of housing costs under paragraph 17 of Schedule 3 to the Income Support Regulations or under paragraph 18 of Schedule 6 to the Employment and Support Allowance 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 or income-related employment and support allowance was last determined.

• (1ZA) Where a claimant or his partner was in receipt of state pension credit 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 appropriate minimum guarantee included an amount in respect of housing costs under paragraph 13 of Schedule II to the State Pension Credit Regulations 2002; 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 jobseekers allowance shall be the amount applicable in respect of those costs current when entitlement to state pension credit was last determined.

• (1A) Where either member of a joint-claim couple was in receipt of or treated as being in receipt of income support or income-related employment and support allowance not more than 12 weeks before the couple becomes entitled to a joint-claim jobseeker’s allowance, or, where either member 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 or income-related employment and support allowance included an amount in respect of housing costs under paragraph 17 of Schedule 3 to the Income Support Regulations or under paragraph 18 of Schedule 6 to the Employment and Support Allowance 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 joint-claim jobseeker’s allowance shall be the applicable amount in respect of those costs current when entitlement to income support or income-related employment and support allowance was last determined.

• (1B) Where either member of a joint-claim couple was in receipt of state pension credit not more than 12 weeks before the couple becomes entitled to a joint-claim jobseeker’s allowance, or, where either member 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 appropriate minimum guarantee included an amount in respect of housing costs under paragraph 13 of Schedule II to the State Pension Credit Regulations 2002; 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 joint-claim jobseeker’s allowance shall be the amount applicable in respect of those costs current when entitlement to state pension credit was last determined.

• (2) Where, in the period since housing costs were last calculated for income support or income-related employment and support allowance or (as the case may be) state pension credit, 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.

Circumstances in which a person is liable to meet housing costs

Circumstances in which a person is to be treated as occupying a dwelling as his home

Housing costs not met

Apportionment of housing costs

Existing housing costs

New housing costs

General exclusions from paragraphs 6 and 7

The calculation for loans

General provisions applying to new and existing housing costs

The standard rate

Excessive Housing Costs

Linking rule

Loans on residential property

Loans for repairs and improvements to the dwelling occupied as the home

Other housing costs

Non-dependant deductions

Continuity with Income Support

Rounding of Fractions

Disapplication of section 1(1A) of the Administration Act

2A

Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) to any claim for jobseeker’s allowance made or treated as made before 5th October 1998.

• (c) to a person who—

• (i) is a person in respect of whom a claim for jobseeker’s allowance is made;

• (ii) is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act;

• (iii) is not entitled to any jobseeker’s allowance for the purposes of section 1 of the Act; and

• (iv) has not previously been allocated a national insurance number.

Meanings of certain expressions used in the Jobseekers Act 1995

Period when a person is not a person in hardship

140A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Circumstances in which an income-based jobseeker’s allowance is payable to a person in hardship

Further circumstances in which an income-based jobseeker’s allowance is payable to a person in hardship

Conditions for hardship payments

Provision of information

Applicable amount in hardship cases

Payments made on account of suspended benefit

60

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

61

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

45

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

46

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Further disregard of student’s income

137A

Where any part of a student’s income has already been taken into account for the purposes of assessing his entitlement to a grant , student loan or postgraduate ... loan, the amount taken into account shall be disregarded in assessing that student’s income.

Income treated as capital

Disregard of changes occurring during summer vacation

63

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Further circumstances in which a person is to be treated as available: full-time students participating in a qualifying course

17A

• (1) A person to whom paragraph (2) applies shall, notwithstanding regulation 15(1)(a), be treated as available for employment in accordance with paragraph (3).

• (2) This paragraph applies to a person—

• (a) who is aged 25 years or over; and

• (b) subject to paragraph (2A), who has made a claim for a jobseeker’s allowance and has been receiving benefit within a jobseeking period for not less than 2 years as at the date he started, or is due to start, the qualifying course and for the purposes of this paragraph the linking provision set out in regulation 48 shall apply.

• (2A) A person who has been receiving benefit in accordance with paragraph (b) of the definition of “receiving benefit” in paragraphs (7) shall, for the purposes of paragraph (2)(b), be treated as having received benefit within a jobseeking period.

• (3) Subject to paragraph (4), where an employment officer has determined, having regard to the factors specified in paragraph (5), that a person to whom paragraph (2) applies may undertake a qualifying course, that person shall be treated as available for employment in any week in which he is undertaking the qualifying course as a full-time student and—

• (a) which falls wholly or partly in term-time, providing he—

• (i) provides evidence, as often as may be required by an employment officer, within 5 days of being so required by the employment officer, consisting of a document signed by him and on behalf of the establishment at which he is undertaking the qualifying course, confirming that he is attending the establishment when required to attend, in such form as may be required by the employment officer; and

• (ii) provides evidence, as often as may be required by an employment officer, within 5 days of being so required by the employment officer, consisting of a document signed by him and on behalf of the establishment at which he is undertaking the qualifying course, confirming that he is making satisfactory progress on the course, in such form as may be required by the employment officer;

• (b) in which he is taking examinations relating to the qualifying course; or

• (c) which falls wholly in a vacation from the qualifying course, if he is willing and able to take up immediately any casual employment.

• (4) In a case where the combined duration of—

• (a) any qualifying course, other than one falling within paragraph (6), which a person to whom paragraph (2) applies has previously undertaken in respect of which he was, for any part of such qualifying course, treated as available for employment in accordance with paragraph (3); and

• (b) the qualifying course which he is currently undertaking

is more than 1 year, the person shall only be treated as available for employment in accordance with paragraph (3) if he has been receiving benefit within a jobseeking period for not less than 2 years since the last day of the most recent such qualifying course in respect of which he was, for any part, treated as available in accordance with paragraph (3), and for the purposes of this paragraph the linking provision set out in regulation 48 shall apply.

• (5) The factors which an employment officer must take into account when determining whether a person may undertake a qualifying course are—

• (a) the skills, qualifications and abilities of that person;

• (b) whether the course would assist him to acquire new skills and qualifications;

• (c) whether he would have to give up a course of study in order to undertake this course;

• (d) any needs arising from his physical or mental condition;

• (e) the time which has elapsed since he was last engaged in employment as an employed earner or as a self-employed earner;

• (f) his work experience;

• (g) the number of jobs in the labour market and, if relevant, the local labour market, which require the skills and qualifications which he would acquire on the course; and

• (h) any evidence about whether this course or this type of course has facilitated the obtaining by persons of work.

• (6) A qualifying course falls within this paragraph if the person had a good reason for any act or omission for the purposes of section 19A(2)(d), (e) or (f) in relation to that course.

“benefit" means income support, unemployment benefit or a jobseeker’s allowance and “receiving benefit" means receiving benefit which that person has claimed and received as an unemployed person or in accordance with Part I of the Act;

“casual employment" means employment from which the employee can be released without his giving any notice or, if he is required to give notice, employment from which he can be released before the end of the vacation;

“duration" in relation to a qualifying course means the period beginning with the start of the course and ending with the last day of the course;

“jobseeking period" means the period described in regulation 47 and any period treated as a jobseeking period pursuant to regulation 47A;

“last day" in relation to a qualifying course means the date on which the last day of the course falls, or the date on which the final examination relating to that course is completed, whichever is the later;

“qualifying course" means a course which—

• (a) is an employment-related course;

• (b) lasts no more than 12 consecutive months; and

• (c) except where it falls within paragraph (8), is either—

• (i) a course of a description falling within Schedule 2 to the Further and Higher Education Act 1992; or

• (ii) programme of learning falling within section 6 of the Further and Higher Education (Scotland) Act 1992.

• (7) In this regulation—

“benefit” means

“receiving benefit" means receiving–

“casual employment" means employment from which the employee can be released without his giving any notice or, if he is required to give notice, employment from which he can be released before the end of the vacation;

“duration" in relation to a qualifying course means the period beginning with the start of the course and ending with the last day of the course;

“jobseeking period" means the period described in regulation 47 and any period treated as a jobseeking period pursuant to regulation 47A;

“last day" in relation to a qualifying course means the date on which the last day of the course falls, or the date on which the final examination relating to that course is completed, whichever is the later;

“qualifying course" means a course which—

• (a) is an employment-related course;

• (b) lasts no more than 12 consecutive months; and

• (c) except where it falls within paragraph (8), is either—

• (i) a course of a description falling within Schedule 2 to the Further and Higher Education Act 1992;or

• (ii) a programme of learning falling within section 6 of the Further and Higher Education (Scotland) Act 1992

• (7A) Subject to paragraph (7B), this paragraph shall apply in the case of a person–

• (a) who–

• (i) is a refugee within the definition of Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951, as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967; or

• (ii) has been granted exceptional leave–

• (aa) to enter the United Kingdom by an immigration officer appointed for the purposes of the Immigration Act 1971; or

• (bb) to remain in the United Kingdom by the Secretary of State; and

• (b) who was in receipt of income support as an asylum seeker pursuant to regulation 70(3A) of the Income Support Regulations at any time during the period of 12 weeks immediately preceding the beginning of the jobseeking period which includes the date on which he started, or is due to start, the qualifying course.

• (7B) Paragraph (7A) shall include a person who has been recorded as a refugee by the Secretary of State within the definition in sub-paragraph (a) of that paragraph and whose claim for income support was determined in accordance with regulation 21ZA(2) or (3) of the Income Support Regulations (treatment of refugees).

• (8) A course or a programme of learning which is of a standard above that of a course or programme of learning falling within paragraph (c) of the definition of “qualifying course" falls within this paragraph if an employment officer so determines in a particular case.

Further circumstances in which a qualifying person is to be treated as actively seeking employment: full-time students participating in a qualifying course

21A

A person who is treated as available for employment in accordance with regulation 17A(3) shall be treated as actively seeking employment in any week—

• (a) which, in relation to the qualifying course, falls wholly or partly in term-time;

• (b) n which he is taking examinations relating to the qualifying course; or

• (c) which falls wholly in a vacation from the qualifying course, if in that week he takes such steps as he can reasonably be expected to have to take in order to have the best prospects of securing employment for which he is available under regulation 17A(3)(c).

Interpretation of certain expressions for the purposes of regulations 18(3)(f)(i) and 19(1)(d)

Income of participants in the self-employment route ...

88A

Chapters II, III, IV, V, VII and VIII of this Part and regulations 131 to 136, 138 and 139 shall not apply to any income which is to be calculated in accordance with Chapter IVA of this Part (participants in the self-employment route...).

Liable relative payments

Child support

Calculation of income and capital of full-time students

Rounding of fractions

Chapter IVA — Participants in the Self-Employment Route ...

Interpretation

102A

In this Chapter—

• ...

• “special account" means, where a person was carrying on a commercial activity in respect of which assistance was received under the self-employment route, the account into which the gross receipts from that activity were payable during the period in respect of which such assistance was received.

Treatment of gross receipts of participants in the self-employment route ...

102B

The gross receipts of a commercial activity carried on by a person in respect of which assistance is received under the self-employment route, shall be taken into account in accordance with the following provisions of this Chapter.

Calculation of income of participants in the self-employment route ...

102C

• (1) The income of a person who has received assistance under the self-employment route shall be calculated by taking into account the whole of the monies in the special account at the end of the last day upon which such assistance was received and deducting from those monies—

• (a) an amount in respect of income tax calculated in accordance with regulation 102D (deduction in respect of tax for participants in the self-employment route...; and

• (b) any sum to which paragraph (4) refers.

• (2) Income calculated pursuant to paragraph (1) shall be apportioned equally over a period which starts on the date the income is treated as paid under paragraph (3) and is equal in length to the period beginning with the day upon which assistance was first received under the self-employment route and ending on the last day upon which such assistance was received.

• (3) Income calculated pursuant to paragraph (1) shall be treated as paid—

• (a) in the case where it is due to be paid before the first benefit week in respect of which the participant or his partner or, in the case of a joint-claim couple, the participant and the other member of the couple of which the participant is a member, first claims a jobseeker’s allowance following the last day upon which assistance was received under the self-employment route, on the day in the week in which it is due to be paid which corresponds to the first day of the benefit week;

• (b) in any other case, on the first day of the benefit week in which it is due to be paid.

• (4) This paragraph refers, where applicable in each benefit week in respect of which income calculated pursuant to paragraph (1) is taken into account pursuant to paragraphs (2) and (3), to the sums which would have been disregarded under paragraphs 5 to 8, 11 and 12 of Schedule 6 or paragraphs 1, 2, 5 and 6 of Schedule 6A had the income been earnings.

Deduction in respect of tax for participants in the self-employment route...

102D

• (1) The amount to be deducted in respect of income tax under regulation 102C(1)(a) (calculation of income of participants in the self-employment route...) in respect of the period determined under regulation 102C(2) shall be calculated as if—

• (a) the chargeable income is the only income chargeable to tax;

• (b) the personal reliefs applicable to the person receiving assistance under the self-employment route under Chapters 2, 3 and 3A of Part 3 of the Income Tax Act 2007 are allowable against that income; and

• (c) the rate at which the chargeable income less the personal reliefs is assessable to income tax is the basic rate, or in the case of a Scottish taxpayer, the Scottish basic rate, of tax.

• (2) For the purpose of paragraph (1), the basic rate, or the Scottish basic rate, of tax to be applied and the amount of the personal reliefs deductible shall, where the period determined under regulation 102C(2) is less than a year, be calculated on a pro rata basis.

• (3) In this regulation, “chargeable income" means the monies in the special account at the end of the last day upon which assistance was received under the self-employment route.

31A

• (1) Subject to sub-paragraph (2), any payment received under an insurance policy, other than an insurance policy referred to in paragraph 30, taken out to insure against the risk of being unable to maintain repayments under a regulated agreement as defined for the purposes of the Consumer Credit Act 1974 or under a hire-purchase agreement or a conditional sale agreement as defined for the purposes of Part III of the Hire-Purchase Act 1964.

• (2) A payment referred to in sub-paragraph (1) shall only be disregarded to the extent that the payment received under that policy does not exceed the amounts, calculated on a weekly basis, which are used to—

• (a) maintain the repayments referred to in sub-paragraph (1); and

• (b) meet any amount due by way of premiums on that policy.

62

• (1) Subject to sub-paragraph (2), in the case of a person who is receiving, or who has received, assistance under the self-employment route, any payment to that person—

• (a) to meet expenses wholly and necessarily incurred whilst carrying on the commercial activity;

• (b) which is used or intended to be used to maintain repayments on a loan taken out by that person for the purpose of establishing or carrying on the commercial activity,

in respect of which such assistance is or was received.

• (2) Sub-paragraph (1) shall apply only in respect of payments which are paid to that person from the special account as defined for the purposes of Chapter IVA of Part VIII.

47

In the case of a person who is receiving, or who has received, assistance under the self-employment route, any sum of capital which is acquired by that person for the purpose of establishing or carrying on the commercial activity in respect of which such assistance is or was received but only for a period of 52 weeks from the date on which that sum was acquired.

64

Any payment made with respect to a person on account of the provision of after-care under section 117 of the Mental Health Act 1983 or section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003 or the provision of accommodation or welfare services to which Part III of the National Assistance Act 1948 refers or to which the Social Work (Scotland) Act 1968 refers, or the provision of care and support under Part 1 of the Care Act 2014, or the provision of care and support under Part 4 of the Social Services and Well-being (Wales) Act 2014, which falls to be treated as notional income made under paragraph (11) of regulation 105 above (payments made in respect of a person residing in a care home, an Abbeyfield Home or an independent hospital).

48

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

67

• (1) Any payment of a sports award except to the extent that it has been made in respect of any one or more of the items specified in sub-paragraph (2).

• (2) The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel, rent for which housing benefit is payable or any housing costs to the extent that they are met under regulation 83(f) or 84(1)(g) (housing costs)..., of the claimant or, where the claimant is a member of a family, any other member of his family, or any council tax or water charges for which that claimant or member is liable.

• (3) For the purposes of sub-paragraph (2)—

“food" does not include vitamins, minerals or other special dietary supplements intended to enhance the performance of the person in the sport in respect of which the award was made;

“ordinary clothing and footwear" means clothing or footwear for normal daily use but does not include school uniforms or clothing or footwear used solely for sporting activities.

51

• (1) Any payment of a sports award for a period of 26 weeks from the date of receipt of that payment except to the extent that it has been made in respect of any one or more of the items specified in sub-paragraph (2).

• (2) The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel, rent for which housing benefit is payable or any housing costs to the extent that they are met under regulation 83(f) or 84(1)(g) (housing costs)..., of the claimant or, where the claimant is a member of a family, any other member of his family, or any council tax or water charges for which that claimant or member is liable.

• (3) For the purposes of sub-paragraph (2)—

“food" does not include vitamins, minerals or other special dietary supplements intended to enhance the performance of the person in the sport in respect of which the award was made;

“ordinary clothing and footwear" means clothing or footwear for normal daily use but does not include school uniforms or clothing or footwear used solely for sporting activities.

Back-dating of a Jobseeker’s Agreement ...

65

Any child care expenses reimbursed to the claimant in respect of his participation in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1999 in regulation 2(1) of those Regulations.

66

Any top-up payment made to a person (“the participant”) pursuant to—

• (a) section 2 of the Employment and Training Act 1973 in respect of the participant’s participation in the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1999 in regulation 2(1) of those Regulations (“the intensive activity period”); or

• (b) a written arrangement entered into between the Secretary of State and the person who has arranged for the participant’s participation in the intensive activity period and which is made in respect of the participant’s participation in that period.

49

Any child care expenses reimbursed to the claimant in respect of his participation in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1999 in regulation 2(1) of those Regulations, but only for a period of 52 weeks from the date of receipt of the payment.

50

Any top-up payment made to a person (“the participant”) pursuant to—

• (a) section 2 of the Employment and Training Act 1973 in respect of the participant’s participation in the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1999 in regulation 2(1) of those Regulations (“the intensive activity period”); or

• (b) a written arrangement entered into between the Secretary of State and the person who has arranged for the participant’s participation in the intensive activity period and which is made in respect of the participant’s participation in that period

but only for the period of 52 weeks beginning on the date of receipt of the payment

55

Any payment made to a person under regulation 11 of the Social Security (Payments to Reduce Under-occupation) Regulations 2000, but only for a period of 52 weeks from the date of payment.

68

Where the amount of a subsistence allowance paid to a person in a benefit week exceeds the amount of income-based jobseeker’s allowance that person would have received in that benefit week had it been payable to him, less 50p, that excess amount.

69

In the case of a claimant participating in an employment zone programme, any discretionary payment made by an employment zone contractor to the claimant, being a fee, grant, loan or otherwise.

52

• (1) Any payment—

• (a) by way of an education maintenance allowance made pursuant to—

• (i) regulations made under section 518 of the Education Act 1996;

• (ii) regulations made under section 49 or 73(f) of the Education (Scotland) Act 1980;

• (iii) directions made under section 73ZA of the Education (Scotland) Act 1980 and paid under section 12(2)(c) of the Further and Higher Education (Scotland) Act 1992; ...

• (b) corresponding to such an education maintenance allowance, made pursuant to—

• (i) section 14 or section 181 of the Education Act 2002; or

• (ii) regulations made under section 181 of that Act; or

• (c) in England, by way of financial assistance made pursuant to section 14 of the Education Act 2002.

• (2) Any payment, other than a payment to which sub-paragraph (1) applies, made pursuant to—

• (a) regulations made under section 518 of the Education Act 1996;

• (b) regulations made under section 49 of the Education (Scotland) Act 1980; or

• (c) directions made under section 73ZA of the Education (Scotland) Act 1980 and paid under section 12(2)(c) of the Further and Higher Education (Scotland) Act 1992,

in respect of a course of study attended by a child or a young person or a person who is in receipt of an education maintenance allowance or other payment made pursuant to any provision specified in sub-paragraph (1).

53

In the case of a claimant participating in an employment zone programme, any discretionary payment made by an employment zone contractor to the claimant, being a fee, grant, loan or otherwise, but only for the period of 52 weeks from the date of receipt of the payment.

54

Any arrears of subsistence allowance paid as a lump sum but only for the period of 52 weeks from the date of receipt of the payment.

Treatment of payments from access funds

136A

• (1) This regulation applies to payments from access funds that are not payments to which regulation 138(2) or (3) (income treated as capital) applies.

• (2) A payment from access funds, other than a payment to which paragraph (3) of this regulation applies, shall be disregarded as income.

• (3) Subject to paragraph (4) of this regulation and paragraph 38 of Schedule 7, any payments from access funds which are intended and used for food, ordinary clothing or footwear..., household fuel, rent for which housing benefit is payable or any housing costs to the extent that they are met under regulation 83(f) or 84(1)(g) (housing costs)..., of a single claimant or, as the case may be, of any other member of his family his partner and any payments from access funds which are used for any council tax or water charges for which that claimant or member is liable partner is liable shall be disregarded as income to the extent of £20 per week.

• (3A) In paragraph (3) “ordinary clothing or footwear” means clothing or footwear for normal daily use, but it does not include—

• (a) school uniforms, or

• (b) clothing or footwear used solely for sporting activities.

• (4) Where a payment from access funds is made—

• (a) on or after 1st September or the first day of the course, whichever first occurs, but before receipt of any student loan in respect of that year and that payment is intended for the purpose of bridging the period until receipt of the student loan; or

• (b) before the first day of the course to a person in anticipation of that person becoming a student;

that payment shall be disregarded as income.

Disregard of contribution

Further disregard of student’s income

Income treated as capital

Disregard of changes occurring during summer vacation

56

Where an ex-gratia payment of £10,000 has been made by the Secretary of State on or after 1st February 2001 in consequence of the imprisonment or internment of—

• (a) the claimant;

• (b) the claimant’s partner;

• (c) the claimant’s deceased spouse or deceased civil partner; or

• (d) the claimant’s partner’s deceased spouse or deceased civil partner,

by the Japanese during the Second World War, £10,000.

PART IA — JOINT-CLAIM COUPLES

Prescribed description of a joint-claim couple for the purposes of section 1(4)

3A

• (1) For the purposes of section 1(4), a joint-claim couple shall include any joint-claim couple within the meaning given in section 1(4) of the Act where at least one member is aged 18 or over and was born after 28th October 1947, unless a member of the couple is treated as responsible for a child or young person under regulation 77(3), or the couple has care of a child or young person in one or more of the circumstances mentioned in regulation 78(4), or a child or young person is living with either member of the couple in the circumstances mentioned in regulation 78(8).

• (2) In a case where a person would (but for these Regulations) be a member of more than one joint-claim couple, a joint-claim couple means the couple of which he is a member which that person nominates (or in default of such nomination, which the Secretary of State nominates), to the exclusion of any other couple of which he is a member.

Entitlement of a former joint-claim couple to a jobseeker’s allowance

3B

• (1) Where a joint-claim couple cease to be a joint-claim couple because they become, or are treated as, responsible for one or more children—

• (a) any claim made by both members of that couple for a jobseeker’s allowance may be treated as a claim for a jobseeker’s allowance made by either member of that couple;

• (b) any award of a joint-claim jobseeker’s allowance in respect of that couple may be terminated and may be replaced by a replacement award,

where the conditions specified in paragraph (2) have been complied with.

• (2) The conditions specified in this paragraph are that a member of the couple—

• (a) provides such evidence as the Secretary of State may require confirming that the couple are responsible for one or more children; and

• (b) advises the Secretary of State as to which member of the couple is to be the claimant.

• (3) The claim by a member of the couple for a jobseeker’s allowance referred to in paragraph (1)(a) shall be treated as made on the date on which he and his partner were treated as having claimed a jobseeker’s allowance as a joint-claim couple as determined in accordance with regulation 6 of the Claims and Payments Regulations.

• (4) In this regulation, “replacement award” shall have the meaning ascribed to it by paragraph 9A of Schedule 1 to the Act.

Entitlement of a new joint-claim couple to a jobseeker’s allowance

3C

• (1) Paragraph (2) shall apply where a couple become a joint-claim couple because the child, or all the children, for which they were responsible have—

• (a) died;

• (b) ceased to be a child or children for whom they are responsible; or

• (c) reached the age of 16 and are not qualifying young persons within the meaning of section 142 of the Benefits Act (child and qualifying young person).

• (2) In a case to which this paragraph applies—

• (a) any claim made by either member of that couple for a jobseeker’s allowance may be treated as a claim made by both members of the couple;

• (b) any award of an income-based jobseeker’s allowance, or a replacement award, in respect of either member of that couple may be terminated and may be replaced by a new award in respect of the couple,

where the conditions specified in paragraph (3) have been complied with.

• (3) The conditions specified in this paragraph are that the Secretary of State—

• (a) has sufficient evidence to decide whether a new award should be made; and

• (b) is informed as to which member of the couple is to be the nominated member for the purposes of section 3B.

• (4) The claim by both members of the joint-claim couple for a jobseeker’s allowance referred to in paragraph (2)(a) shall be treated as made on the date on which the claim by a member of that couple was treated as made in accordance with regulation 6 of the Claims and Payments Regulations.

• (5) For the purposes of paragraphs 6 and 7 of Schedule 2 (housing costs), any award of an income-based jobseeker’s allowance which related to the day before the day on which the relevant event specified in paragraph (1) occurred and any new award referred to in paragraph (2)(b) shall be treated as a continuous award of an income-based jobseeker’s allowance.

• (6) In this regulation, “new award” shall have the meaning ascribed to it by paragraph 9C of Schedule 1 to the Act.

Further circumstances in which a joint-claim couple may be entitled to a joint-claim jobseeker’s allowance

3D

• (1) Subject to paragraph (2), a joint-claim couple are entitled to a joint-claim jobseeker’s allowance where—

• (a) the members of that couple claim a jobseeker’s allowance jointly;

• (b) one member satisfies the conditions set out in section 1(2)(a) to (c) and (e) to (i); and