The Jobseeker’s Allowance Regulations 1996
| Premium | Premium | Amount | Amount | Amount |
|---|---|---|---|---|
| 20M.—(1) Pensioner premium where one member of a joint-claim couple has attained the qualifying age for state pension credit and the condition in paragraph 20E is satisfied. | 20M.—(1) Pensioner premium where one member of a joint-claim couple has attained the qualifying age for state pension credit and the condition in paragraph 20E is satisfied. | (1) £213.10. | (1) £213.10. | (1) £213.10. |
| (2) Higher Pensioner Premium where one member of a joint-claim couple satisfies the condition in paragraph 20F. | (2) Higher Pensioner Premium where one member of a joint-claim couple satisfies the condition in paragraph 20F. | (2) £213.10. | (2) £213.10. | (2) £213.10. |
| (3) Disability Premium where one member of a joint-claim couple satisfies the condition in paragraph 20G(1). | (3) Disability Premium where one member of a joint-claim couple satisfies the condition in paragraph 20G(1). | (3) £64.00. | (3) £64.00. | (3) £64.00. |
| (4) Severe Disability Premium where one member of a joint-claim couple satisfies the condition in paragraph 20I(1)— | (4) Severe Disability Premium where one member of a joint-claim couple satisfies the condition in paragraph 20I(1)— | (4) | ||
| (i) | if there is someone in receipt of a carer’s allowance or carer support payment, or if either member satisfies that condition only by virtue of paragraph 20I(4); | (i) | (i) | £86.05; |
| (ii) | if no-one is in receipt of such an allowance or payment. | (ii) | (ii) | £172.10. |
| (5) Carer Premium. | (5) Carer Premium. | (5) £48.15 in respect of each person who satisfied the condition specified in paragraph 20J. | (5) £48.15 in respect of each person who satisfied the condition specified in paragraph 20J. | (5) £48.15 in respect of each person who satisfied the condition specified in paragraph 20J. |
| (6) Enhanced disability premium where the conditions in paragraph 20IA are satisfied. | (6) Enhanced disability premium where the conditions in paragraph 20IA are satisfied. | (6) £31.40 where the conditions specified in paragraph 20IA are satisfied in respect of a member of a joint-claim couple. | (6) £31.40 where the conditions specified in paragraph 20IA are satisfied in respect of a member of a joint-claim couple. | (6) £31.40 where the conditions specified in paragraph 20IA are satisfied in respect of a member of a joint-claim couple. |
57
- (1) Subject to sub-paragraph (2), the amount of any trust payment made to a claimant or a member of a claimant’s family who is—
- (a) a diagnosed person;
- (b) the diagnosed person’s partner or the person who was the diagnosed person’s partner at the date of the diagnosed person’s death;
- (c) a parent of a diagnosed person, a person acting in the place of the diagnosed person’s parents or a person who was so acting at the date of the diagnosed person’s death; or
- (d) a member of the diagnosed person’s family (other than his partner) or a person who was a member of the diagnosed person’s family (other than his partner) at the date of the diagnosed person’s death.
- (2) Where a trust payment is made to—
- (a) a person referred to in sub-paragraph (1)(a) or (b), that sub-paragraph shall apply for the period beginning on the date on which the trust payment is made and ending on the date on which that person dies;
- (b) a person referred to in sub-paragraph (1)(c), that sub-paragraph shall apply for the period beginning on the date on which the trust payment is made and ending two years after that date;
- (c) a person referred to in sub-paragraph (1)(d), that sub-paragraph shall apply for the period beginning on the date on which the trust payment is made and ending—
- (i) two years after that date; or
- (ii) on the day before the day on which that person—
- (aa) ceases receiving full-time education; or
- (bb) attains the age of 20,
whichever is the latest.
- (3) Subject to sub-paragraph (4), the amount of any payment by a person to whom a trust payment has been made, or of any payment out of the estate of a person to whom a trust payment has been made, which is made to a claimant or a member of a claimant’s family who is—
- (a) the diagnosed person’s partner or the person who was the diagnosed person’s partner at the date of the diagnosed person’s death;
- (b) a parent of a diagnosed person, a person acting in the place of the diagnosed person’s parents or a person who was so acting at the date of the diagnosed person’s death; or
- (c) a member of the diagnosed person’s family (other than his partner) or a person who was a member of the diagnosed person’s family (other than his partner) at the date of the diagnosed person’s death,
but only to the extent that such payments do not exceed the total amount of any trust payments made to that person.
- (4) Where a payment as referred to in sub-paragraph (3) is made to—
- (a) a person referred to in sub-paragraph (3)(a), that sub-paragraph shall apply for the period beginning on the date on which that payment is made and ending on the date on which that person dies;
- (b) a person referred to in sub-paragraph (3)(b), that sub-paragraph shall apply for the period beginning on the date on which that payment is made and ending two years after that date;
- (c) a person referred to in sub-paragraph (3)(c), that sub-paragraph shall apply for the period beginning on the date on which that payment is made and ending—
- (i) two years after that date; or
- (ii) on the day before the day on which that person—
- (aa) ceases receiving full-time education; or
- (bb) attains the age of 20,
whichever is the latest.
- (5) In this paragraph, a reference to a person—
- (a) being the diagnosed person’s partner;
- (b) being a member of the diagnosed person’s family; or
- (c) acting in the place of the diagnosed person’s parents,
at the date of the diagnosed person’s death shall include a person who would have been such a person or a person who would have been so acting, but for the diagnosed person residing in a care home, an Abbeyfield Home or an independent hospital on that date.
- (6) In this paragraph—
“diagnosed person" means a person who has been diagnosed as suffering from, or who, after his death, has been diagnosed as having suffered from, variant Creutzfeldt-Jakob disease;
“relevant trust" means a trust established out of funds provided by the Secretary of State in respect of persons who suffered, or who are suffering, from variant Creutzfeldt-Jakob disease for the benefit of persons eligible for payments in accordance with its provisions;
“trust payment" means a payment under a relevant trust.
71
Any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001.
58
The amount of a payment, other than a war pension ..., to compensate for the fact that the claimant, the claimant’s partner, the claimant’s deceased spouse or deceased civil partner or the claimant’s partner’s deceased spouse or deceased civil partner —
- (a) was a slave labourer or a forced labourer;
- (b) had suffered property loss or had suffered personal injury; or
- (c) was a parent of a child who had died,
during the Second World War.
12A
Any payment made to the claimant by way of repayment under regulation 11(2) of the Education (Teacher Student Loans) (Repayment etc) Regulations 2002.
60A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
45A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
70
- (1) Any payment of child maintenance made or derived from a liable relative where the child or young person in respect of whom the payment is made is a member of the claimant’s family, except where the person making the payment is the claimant or the claimant’s partner.
- (2) In paragraph (1)—
- “child maintenance” means any payment towards the maintenance of a child or young person, including any payment made voluntarily and payments made under—the Child Support Act 1991;the Child Support (Northern Ireland) Order 1991;a court order;a consent order;a maintenance agreement registered for execution in the Books of Council and Session or the sheriff court books;
- “liable relative” means a person listed in regulation 117 (interpretation) other than a person falling within sub-paragraph (d) of that definition.
72
- (1) Any payment made by a local authority, or by the Welsh Ministers, to or on behalf of the claimant or his partner relating to a service which is provided to develop or sustain the capacity of the claimant or his partner to live independently in his accommodation.
- (2) For the purposes of sub-paragraph (1) “local authority” means–
- (a) in relation to England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;
- (b) in relation to Wales, a county council or a county borough council;
- (c) in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.
59
- (1) Any payment made by a local authority, or by the Welsh Ministers, to or on behalf of the claimant or his partner relating to a service which is provided to develop or sustain the capacity of the claimant or his partner to live independently in his accommodation.
- (2) For the purposes of sub-paragraph (1) “local authority” means–
- (a) in relation to England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;
- (b) in relation to Wales, a county council or a county borough council;
- (c) in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.
6A
Any guardian’s allowance
73
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
60
Any payment made 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 or 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 in accordance with regulations made under section 50 or 52 of the Social Services and Well-being (Wales) Act 2014 (direct payments).
61
Any payment made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002.
62
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
74
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
63
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6B
–
- (1) Any child tax credit.
- (2) Any child benefit.
- (3) Any increase in respect of a dependent child or dependent young person under section 80 or 90 of the Benefits Act where—
- (a) the claimant has a child or young person who is a member of the claimant’s family for the purposes of the claimant’s claim for income-based jobseeker’s allowance, and
- (b) the claimant, or that claimant’s partner, has been awarded a child tax credit.
26A
In the case of a claimant who has a child or young person–
- (a) who is a member of his family, and
- (b) who is residing at an educational establishment at which he is receiving relevant education,
any payment made to that educational establishment, in respect of that child or young person’s maintenance by or on behalf of a person who is not a member of the family or by a member of the family out of funds contributed for that purpose by a person who is not a member of the family.
Periods of sickness and persons receiving treatment outside Great Britain
55A
- (1) A person—
- (a) who has been awarded a jobseeker’s allowance, a joint-claim jobseeker’s allowance...; and
- (b) who is temporarily absent from Great Britain in the circumstances prescribed by regulation 50(6AA) or, as the case may be, (6C); and
- (c) who proves to the satisfaction of the Secretary of State that he is unable to work on account of some specific disease or disablement; and
- (d) but for his disease or disablement, would satisfy the requirements for entitlement to a jobseeker’s allowance other than those specified in section 1(2)(a), (c) and (f) (available for and actively seeking employment and capable of work or not having limited capability for work),
shall be treated during that period of temporary absence abroad as capable of work or as not having limited capability for work, except where that person has stated in writing before that period of temporary absence abroad begins that immediately before the beginning of the period of that temporary absence abroad he has claimed ..., employment and support allowance....
- (2) The evidence which is required for the purposes of paragraph (1)(c) is a declaration made by that person in writing, in a form approved for the purposes by the Secretary of State, that he will be unfit for work from a date or for a period specified in the declaration.
Prescribed amount of earnings
61A
Any payment made to the claimant in accordance with regulations made pursuant to section 14F of the Children Act 1989 (special guardianship support services).
27A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1
. . .
Special cases: supplemental – persons from abroad
85A
- (1) “Person from abroad” means, subject to the following provisions of this regulation, a claimant who is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland.
- (2) No claimant shall be treated as habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland unless—
- (a) subject to the exceptions in paragraph (2A), the claimant has been living in any of those places for the past three months; and
- (b) the claimant has a right to reside in any of those places, other than a right to reside which falls within paragraph (3) or (3A).
- (2A) The exceptions are where the claimant has at any time during the period referred to in paragraph (2)(a)—
- (a) paid either Class 1 or Class 2 contributions by virtue of regulation 114, 118, 146 or 147 of the Social Security (Contributions) Regulations 2001or by virtue of an Order in Council having effect under section 179 of the Social Security Administration Act 1992; or
- (b) been a Crown servant posted to perform overseas the duties of a Crown servant; or
- (c) been a member of Her Majesty’s forces posted to perform overseas the duties of a member of Her Majesty’s forces.
- (3) A right to reside falls within this paragraph if it is one which exists by virtue of, or in accordance with, one or more of the following—
- (a) regulation 13 of the Immigration (European Economic Area) Regulations 2016 ; or ...
- (aa) regulation 16 of those Regulations, but only in a case where the right exists under that regulation because the claimant satisfies the criteria in paragraph (5) of that regulation;
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3A) A right to reside falls within this paragraph if it exists by virtue of a claimant having been granted limited leave to enter, or remain in, the United Kingdom under the Immigration Act 1971 by virtue of—
- (a) Appendix EU to the immigration rules made under section 3(2) of that Act; ...
- (b) being a person with a Zambrano right to reside as defined in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of that Act ; or
- (c) having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act.
- (3B) Paragraph (3A)(a) does not apply to a person who—
- (a) has a right to reside granted by virtue of being a family member of a relevant person of Northern Ireland; and
- (b) would have a right to reside under the Immigration (European Economic Area) Regulations 2016 if the relevant person of Northern Ireland were an EEA national, provided that the right to reside does not fall within paragraph (3A).
- (4) A claimant is not a person from abroad if he is—
- (zza) a person granted leave in accordance with the immigration rules made under section 3(2) of the Immigration Act 1971, where such leave is granted by virtue of—
- (i) the Afghan Relocations and Assistance Policy; or
- (ii) the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme);
- (zzb) a person in Great Britain not coming within sub-paragraph (zza) or (h) who left Afghanistan in connection with the collapse of the Afghan government that took place on 15th August 2021;
- (zzc) a person in Great Britain who was residing in Ukraine immediately before 1st January 2022, left Ukraine in connection with the Russian invasion which took place on 24th February 2022 and—
- (i) has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971; ...
- (ii) has a right of abode in the United Kingdom within the meaning given in section 2 of that Act; or
- (iii) does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act;
- (zzd) a person who was residing in Sudan before 15th April 2023, left Sudan in connection with the violence which rapidly escalated on 15th April 2023 in Khartoum and across Sudan and—
- (i) has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971;
- (ii) has a right of abode in the United Kingdom within the meaning given in section 2 of that Act; or
- (iii) does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act;
- (zze) a person who was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7th October 2023, who left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7th October 2023 or the violence which rapidly escalated in the region following the attack and—
- (i) has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971;
- (ii) has a right of abode in the United Kingdom within the meaning given in section 2 of that Act; or
- (iii) does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act;
- (za) a qualified person for the purposes of regulation 6 of the Immigration (European Economic Area) Regulations 2016 as a worker or a self-employed person;
- (zb) a family member of a person referred to in sub-paragraph (za) ...;
- (zc) a person who has a right to reside permanently in the United Kingdom by virtue of regulation 15(1)(c), (d) or (e) of those Regulations;
- (zd) a family member of a relevant person of Northern Ireland, with a right to reside which falls within paragraph (3A)(a), provided that the relevant person of Northern Ireland falls within sub-paragraph (za), or would do so but for the fact that they are not an EEA national;
- (ze) a frontier worker within the meaning of regulation 3 of the Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020;
- (zf) a family member, of a person referred to in sub-paragraph (ze), who has been granted limited leave to enter, or remain in, the United Kingdom by virtue of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971;
- (g) a refugee within the definition in 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;
- (h) a person who has been granted leave or who is deemed to have been granted leave outside the rules made under section 3(2) of the Immigration Act 1971 ...
- (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (hh) a person who has humanitarian protection granted under those rules; or
- (i) a person who is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act and who is in the United Kingdom as a result of his deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom; ...
- (j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) In this regulation—
- “EEA national” has the meaning given in regulation 2(1) of the Immigration (European Economic Area) Regulations 2016;
- “family member” has the meaning given in regulation 7(1)(a), (b) or (c) of the Immigration (European Economic Area) Regulations 2016 except that regulation 7(4) of those Regulations does not apply for the purposes of paragraphs (3B) and (4)(zd);
- “relevant person of Northern Ireland” has the meaning given in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971.
- (6) In this regulation references to the Immigration (European Economic Area) Regulations 2016 are to be read with Schedule 4 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020(Consequential, Saving, Transitional and Transitory Provisions) Regulations 2020.
Applicable amounts for persons in residential care and nursing homes
Applicable amounts for joint-claim couples: polygamous marriages
Joint-claim couples: special cases
Applicable amount for a joint-claim couple where a number is in residential care or a nursing home
Transitional supplement to income-based jobseeker’s allowance
Members required to attend a court or tribunal
Treatment of fee loans
136B
A loan for fees, known as a fee loan or a fee contribution loan, made pursuant to regulations made under Article 3 of the Education (Student Support) (Northern Ireland) Order 1998, section 22 of the Teaching and Higher Education Act 1998 or section 73(f) of the Education (Scotland) Act 1980, 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
17A
- (1) Any payment made to the claimant or the claimant’s partner in consequence of any personal injury to the claimant or, as the case may be, the claimant’s partner.
- (2) But sub-paragraph (1)—
- (a) applies only for the period of 52 weeks beginning with the day on which the claimant first receives any payment in consequence of that personal injury;
- (b) does not apply to any subsequent payment made to him in consequence of that injury (whether it is made by the same person or another);
- (c) ceases to apply to the payment or any part of the payment from the day on which the claimant no longer possesses it;
- (d) does not apply to any payment from a trust where the funds of the trust are derived from a payment made in consequence of any personal injury to the claimant.
- (3) For the purposes of sub-paragraph (2)(c), the circumstances in which a claimant no longer possesses a payment or a part of it include where the claimant has used a payment or part of it to purchase an asset.
- (4) References in sub-paragraphs (2) and (3) to the claimant are to be construed as including references to his partner (where applicable).
1A
. . .
1A
If the claimant’s partner has been engaged in remunerative work as an employed earner or, had the employment been in Great Britain, would have been so engaged, any earnings paid or due to be paid on termination of that employment by way of retirement but only if—
- (a) on retirement the partner is entitled to a retirement pension under the Benefits Act, or
- (b) the only reason the partner is not entitled to a retirement pension under the Benefits Act is because the contribution conditions are not satisfied.
Previous entitlement to income support or state pension credit
child maintenance or Liable relative payments
Treatment of child maintenance or liable relative payments
Calculation of the weekly amount of a child maintenance or liable relative payment
Date on which a child maintenance or liable relative payment is to be treated as paid
...
Member has limited capability for work
6A
A person who—
- (a) has limited capability for work under section 8 of the Welfare Reform Act; or
- (b) is treated as having limited capability for work under regulations made under paragraph 1 of Schedule 2 to that Act; or
- (c) is treated as not having limited capability for work under regulations made under section 18(1) of that Act (disqualification).
Members in employment living in residential care homes, nursing homes or residential accommodation
Disabled workers
Disabled students
Deaf students
Blind members
Pregnancy
Members aged 60 or over
Refugees
Members required to attend a court or tribunal
Young persons in training
Trade disputes
Previous entitlement to income support, income-related employment and support allowance or state pension credit
Continuity with Income Support or income-related employment and support allowance
Just cause for the purpose of sections 19(6)(b) and 20A(2)(e)
73A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Person of prescribed description for the purpose of section 20(3)
Person in receipt of a training allowance
Reduced allowance where one member of a joint-claim couple is subject to a sanction
Interpretation
6C
- (1) £1.20 in relation to each week in which child benefit is payable to the claimant at the enhanced rate in respect of a child or qualifying young person for whom the claimant is treated as responsible.
- (2) 65 pence in relation to each week in which child benefit is payable to the claimant other than at the enhanced rate in respect of a child or qualifying young person for whom the claimant is treated as responsible (and if there is more than one, 65 pence in relation to each such child or young person).
- (3) This paragraph does not apply to a claimant in relation to whom regulation 3 of, and Schedule 2 to, the Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 have effect.
- (4) In this paragraph—
- “child” and “qualifying young person” have the meanings given in section 142 of the Contributions and Benefits Act;
- “treated as responsible” is to be construed in accordance with section 143 of that Act;
- “the enhanced rate” has the meaning given in regulation 2(1)(a) of the Child Benefit (Rates) Regulation 2006.
37A
Any payment made under Part 8A of the Benefits Act (entitlement to health in pregnancy grant).
2A
Any payment in respect of expenses arising out of the claimant participating as a service user.
Alternative means of notifying changes of circumstances
24A
- (1) In such cases and subject to such conditions as the Secretary of State may specify, the duty in regulation 24(7) to notify a change of circumstances may be discharged by notifying the Secretary of State as soon as reasonably practicable—
- (a) where the change of circumstances is a birth or death, through a relevant authority, or a county council in England, by personal attendance at an office specified by that authority or county council, provided the Secretary of State has agreed with that authority or county council for it to facilitate such notification; or
- (b) where the change of circumstances is a death, by telephone to a telephone number specified for that purpose by the Secretary of State.
- (2) In this regulation “relevant authority” has the same meaning as in the Housing Benefit Regulations 2006....
Entitlement ceasing on a failure to comply
Time at which entitlement is to cease
Where entitlement is not to cease
Matters to be taken into account in determining whether a claimant has good cause for failing to provide a signed declaration
Circumstances in which a claimant is to be regarded as having good cause for failing to comply with a notification under regulation 23 or 23A
Where entitlement is not to cease under regulation 25(1)(c)
Circumstances in which an allowance is not to be payable
27A
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Prescribed period for the purposes of regulation 27A
27B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Matters to be taken into account in determining whether a claimant has good cause for failing to comply with a notice under regulation 23
Matters to be taken into account in determining whether a claimant has good cause for failing to comply with a notice under regulation 23
Circumstances in which a claimant is to be regarded as having good cause for failing to comply with a notification under regulation 23 or 23A
Members who have attained the qualifying age for state pension credit
Pensioner premium for persons over the qualifying age for state pension credit
Additional restrictions on availability for lone parents
13A
A lone parent who in any week is responsible for, and a member of the same household as, a child under the age of 13 may restrict his availability for employment to the child’s normal school hours.
Circumstances in which a person is to be treated as available
Circumstances in which a person is not to be regarded as available
Further circumstances in which a person is to be treated as available: permitted period
Laid off and short-time workers
Further circumstances in which a person is to be treated as available: full-time students participating in a qualifying course
The contribution-based conditions and relevant earnings
45A
- (1) A claimant’s relevant earnings for the purposes of section 2(2)(b) of the Act are the total amount of the claimant’s earnings at the lower earnings limit for the base year.
- (2) For the purposes of paragraph (1), earnings which exceed the lower earnings limit are to be disregarded.
Member treated as capable of work, or member entitled to statutory sick pay
A2
Any payment made to the claimant in respect of any travel or other expenses incurred, or to be incurred, by him in respect of his participation in the Mandatory Work Activity Scheme.
A2
Any payment made to the claimant in respect of any travel or other expenses incurred, or to be incurred, by him in respect of his participation in the Mandatory Work Activity Scheme but only for 52 weeks beginning with the date of receipt of the payment.
A3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Information given electronically
24B
- (1) A person may give any certificate, notice, information or evidence required to be given and in particular may give notice of a change of circumstances required to be notified under regulation 24 by means of an electronic communication, in accordance with the provisions set out in Schedule 9ZC to the Claims and Payments Regulations.
- (2) In this regulation, “electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000.
Entitlement ceasing on a failure to comply
Time at which entitlement is to cease
Where entitlement is not to cease under regulation 25(1)(c)
Circumstances in which an allowance is not to be payable
Prescribed period for the purposes of regulation 27A
Matters to be taken into account in determining whether a claimant has good cause for failing to provide a signed declaration
Circumstances in which a claimant is to be regarded as having good cause for failing to comply with a notification under regulation 23 or 23A
6B
- (1) Subject to sub-paragraph (2), a person who provides—
- (a) a statement which complies with the rules in Part 1 of Schedule 1 to the Social Security (Medical Evidence) Regulations 1976,
- (b) a self-certificate for a period of limited capability for work which lasts less than 8 days or in respect of any of the first 7 days of limited capability for work, or
- (c) where it would be unreasonable to require a person to provide a statement in accordance with paragraph (a), such other evidence as the Secretary of State considers to be sufficient to show that the person has limited capability for work.
- (2) Sub-paragraph (1) applies to a person for the period covered by evidence falling within that sub-paragraph.
- (3) For the purposes of this paragraph—
- (a) “limited capability for work” has the meaning given by section 1(4) of the Welfare Reform Act 2007; and
- (b) “self-certificate” means a declaration made by the person in writing on a form approved for the purpose by the Secretary of State that the person has been unfit for work on a date or for a period specified in the declaration and may include a statement that the person expects to continue to be unfit for work on days subsequent to the date on which it is made.
Members in employment living in residential care homes, nursing homes or residential accommodation
Disabled workers
Disabled students
Deaf students
Blind members
Pregnancy
Members who have attained the qualifying age for state pension credit
Refugees
Members required to attend a court or tribunal
Young persons in training
Trade disputes
Relaxation of the first set of conditions
45B
- (1) A claimant who ... satisfies the condition in paragraph (2) is to be taken to satisfy the first set of conditions if the claimant has—
- (a) paid Class 1 contributions before the relevant benefit week in respect of any one tax year; and
- (b) earnings at the lower earnings limit in that tax year on which primary Class 1 contributions have been paid or treated as paid which in total, and disregarding any earnings which exceed the lower earnings limit for that year, are not less than that limit multiplied by 26.
- (2) The condition referred to in paragraph (1) is that the claimant, in respect of any week during the last complete tax year preceding the relevant benefit year, is entitled to be credited with earnings in accordance with regulation 9E of the Social Security (Credits) Regulations 1975 (credits for certain spouses and civil partners of members of Her Majesty’s forces).
14A
- (1) Paragraph (2) applies where a person (V) notifies the Secretary of State, in such manner as the Secretary of State specifies, that—
- (a) domestic violence has been inflicted on or threatened against V by V’s partner or former partner or a family member, during the period of 26 weeks ending on the date of the notification; and
- (b) at the time of the notification, V is not living at the same address as the person who inflicted domestic violence on or threatened it against V.
- (2) Where this paragraph applies V is to be treated as being available for employment for a period of 4 weeks (“the 4 week exemption period”) beginning on the date of V’s notification to the Secretary of State under paragraph (1).
- (3) V is to be treated as available for employment under paragraph (2)—
- (a) whether or not V is entitled to a jobseeker’s allowance for the whole or part of the 4 week exemption period; and
- (b) on only one occasion in any 12 month period.
- (4) Paragraph (6) applies where domestic violence has been inflicted on or threatened against V by V’s partner or former partner or a family member.
- (5) Domestic violence is only to be regarded as having been inflicted on or threatened against V for the purpose of paragraph (4) if V provides relevant evidence to the Secretary of State during the 4 week exemption period.
- (6) Where this paragraph applies, V is to be treated as being available for employment for a period of 13 weeks (“the 13 week exemption period”) beginning on the date of V’s notification to the Secretary of State under paragraph (1).
- (7) Subject to paragraphs (8) and (9), the 13 week exemption period shall apply for 13 consecutive weeks, whether or not V is entitled to a jobseeker’s allowance for the whole or part of that period.
- (8) After the first 4 weeks of the 13 week exemption period, V may notify the Secretary of State that V no longer wishes to be treated as available for employment by virtue of paragraph (6).
- (9) Where V gives such a notification to the Secretary of State, the 13 week exemption period—
- (a) shall be suspended from the date of the notification until the date on which V gives a further notification to the Secretary of State that V wishes again to be treated as available for employment by virtue of paragraph (6); and
- (b) shall not apply at any time after the expiry of 12 months from the date of the notification referred to in paragraph (1).
- (10) For the purpose of this regulation—
- “coercive behaviour” means an act of assault, humiliation or intimidation or other abuse that is used to harm, punish or frighten V;
- “controlling behaviour” means an act designed to make V subordinate or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance or escape or regulating their everyday behaviour;
- “domestic violence” means any incident or pattern of incidents of controlling behaviour, coercive behaviour, violence or abuse including but not limited to—psychological abuse;physical abuse;sexual abuse;financial abuse; andemotional abuse;
- regardless of the gender or sexuality of V;.
- “family member” means the following members of the family of V, V’s partner or V’s former partner – grandparent, grandchild, parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, brother-in-law, sister, sister-in-law, or, if any of the preceding persons is a member of a couple, the other member of that couple,
- “health care professional” means a person who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002,
- “person acting in an official capacity” means a health care professional, a police officer, a registered social worker, V’s employer or a representative of V’s trade union and any public, voluntary or charitable body which has had direct contact with V in connection with domestic violence,
- “registered social worker” means a person registered as a social worker in a register maintained by—Social Work England,Social Care Wales,the Scottish Social Services Council, orthe Northern Ireland Social Care Council,
- “relevant evidence” means written evidence from a person acting in an official capacity showing that—V’s circumstances are consistent with those of a person who has had domestic violence inflicted on or threatened against them during the period of 26 weeks ending on the date of the notification referred to in paragraph (1); orV has made contact with the person acting in an official capacity in relation to such an incident, which occurred during that period.
Further circumstances in which a person is to be treated as available: lone parents with children aged 5 not in full-time education
17B
A lone parent shall be treated as available for employment in any week where—
- (a) the lone parent is responsible for, and a member of the same household as, a child who is aged 5;
- (b) the child—
- (i) is nor receiving full-time education by regular attendance at school or otherwise; and
- (ii) is not required by law to receive full-time education; and
- (c) it would be unreasonable for the lone parent to make other arrangements for the care of that child.
Further circumstances in which a person is to be treated as actively seeking employment: lone parents with children aged 5 not in full-time education
21B
A lone parent who is treated for any period as being available for employment under regulation 17B shall be treated as actively seeking employment for the same period
Interpretation of certain expressions for the purposes of regulations 18(3)(f)(i) and 19(1)(d)
The period of a reduction under section 19: higher-level sanctions
The period of a reduction under section 19A: Other sanctions
69A
- (1) A reduction under section 19A (other sanctions) in the circumstances described in the first column of the following table is to have effect for the period set out in the second column.
| Circumstances in which reduction period applies | Reduction period |
|---|---|
| Where there has been no previous sanctionable failure by the claimant that falls within paragraph (2) | 4 weeks |
| Where there have been one or more previous sanctionable failures by the claimant that fall within paragraph (2) and the date of the most recent previous sanctionable failure is not within 52 weeks beginning with the date of the current sanctionable failure | 4 weeks |
| Where there have been one or more previous sanctionable failures by the claimant that fall within paragraph (2) and the date of the most recent previous sanctionable failure is within 52 weeks, but not within 2 weeks, beginning with the date of the current sanctionable failure and the period of reduction applicable to the most recent previous sanctionable failure is— | |
| (a) 4 weeks | 13 weeks |
| (b) 13 weeks | 13 weeks |
| Where there have been one or more previous sanctionable failures by the claimant that fall within paragraph (2) and the date of the most recent previous sanctionable failure is within 2 weeks beginning with the date of the current sanctionable failure and the period of reduction applicable to the most recent previous sanctionable failure is— | |
| (a) 4 weeks | 4 weeks |
| (b) 13 weeks | 13 weeks. |
- (2) A previous sanctionable failure falls within this paragraph if—
- (a) the failure resulted in a decision to reduce the claimant’s award in accordance with section 19A; and
- (b) in the case of a joint-claim couple, the failure was by the same claimant;...
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) The period of a reduction under section 19A begins—
- (a) on the first day of the benefit week in which the sanctionable failure occurred where, on the date of the determination to reduce the award, the claimant has not been paid a jobseeker’s allowance since the sanctionable failure occurred; or
- (b) in any other case, on the first day of the benefit week after the end of the benefit week in respect of which the claimant was last paid a jobseeker’s allowance.
The period of a reduction under section 19B: Claimants ceasing to be available for employment etc.
69B
- (1) Subject to paragraph (5), the amount of an award of a jobseeker’s allowance, other than a joint-claim jobseeeker’s allowance, is to be reduced in accordance with this regulation and regulation 70 (amount of a reduction) if the claimant—
- (a) was previously entitled to a jobseeker’s allowance, or was a member of a couple entitled to a joint-claim jobseeker’s allowance; and
- (b) ceased to be so entitled by failing to comply with the condition in section 1(2)(a) or (c) (availability for employment and actively seeking employment).
- (2) Subject to paragraph (5), the amount of an award of a joint-claim jobseeker’s allowance is to be reduced in accordance with this regulation and regulation 70 (amount of a reduction) if the case falls within either paragraph (3) or (4).
- (3) A case falls within this paragraph if—
- (a) one of the claimants was previously entitled to a jobseeker’s allowance, other than a joint-claim jobseeker’s allowance; and
- (b) ceased to be so entitled by failing to comply with the condition in section 1(2)(a) or (c).
- (4) A case falls within this paragraph if—
- (a) the couple were previously entitled to a joint-claim jobseeker’s allowance but ceased to be so entitled by either or both of them failing to comply with the condition in section 1(2)(a) or (c); or
- (b) either member of the couple was a member of another couple previously entitled to such an allowance and that couple ceased to be so entitled by that person failing to comply with the condition in section 1(2)(a) or (c).
- (5) This regulation does not apply where—
- (a) the claimant had been treated as available for work under regulation 14 (circumstances in which a person is to be treated as available), or as actively seeking employment under regulation 19 (circumstances in which a person is to be treated as actively seeking employment);
- (b) the claimant ceased to be so treated due to no longer falling within regulation 14 or 19;
- (c) as a result of (b), the claimant’s award was terminated for failing to comply with the conditions in section 1(2)(a) or (c) (availability for employment and actively seeking employment); and
- (d) the Secretary of State considers that a reduction is not appropriate in the claimant’s circumstances.
- (6) Subject to paragraph (7), a reduction under this regulation in the circumstances described in the first column of the following table is to have effect for the period set out in the second column.
| Circumstances in which reduction period applies | Reduction period |
|---|---|
| Where there has been only one occasion on which the claimant’s previous entitlement ceased | 4 weeks |
| Where there have been two or more occasions on which the claimant’s previous entitlement ceased and the date of the most recent occasion is not within 52 weeks beginning with the date of the next most recent occasion | 4 weeks |
| Where there have been two or more occasions on which the claimant’s previous entitlement ceased and the date of the most recent occasion is within 52 weeks, but not within 2 weeks, beginning with the date of the next most recent occasion and the period of reduction applicable on that occasion is or, but for paragraph (7), would have been— | |
| (a) 4 weeks | 13 weeks |
| (b) 13 weeks | 13 weeks |
| Where there have been two or more occasions on which the claimant’s previous entitlement ceased and the date of the most recent occasion is within 2 weeks beginning with the date of the next most recent occasion and the period of reduction applicable on that occasion is or, but for paragraph (7), would have been— | |
| (a) 4 weeks | 4 weeks |
| (b) 13 weeks | 13 weeks. |
- (7) The period specified in paragraph (6) is to be reduced by the period beginning with the first day of the benefit week following the benefit week in which the claimant was last paid an award of jobseeker’s allowance and ending with the day before the date of claim or where regulation 3(g) of the Claims and Payments Regulations applies, the day before the suspension ends.
- (8) The period of a reduction under this regulation begins on the date of claim or where regulation 3(g) of the Claims and Payments Regulations applies, the date on which the suspension ends.
The amount of a reduction under section 19 and 19A and regulation 69B
Cases in which no reduction is to be made under section 19 or 19A
70A
- (1) No reduction is to be made under section 19 (higher-level sanctions) where—
- (a) the sanctionable failure is listed in section 19(2)(a), (b), or (d);
- (b) the sanctionable failure occurs before a claim to a jobseeker’s allowance is made; and
- (c) the period of the reduction as calculated under sub-paragraph (a) or (b) of regulation 69(4) is the same as, or shorter than, the period between the date of the sanctionable failure and the date of claim.
- (2) No reduction is to be made under section 19A (other sanctions) where the sanctionable failure is specified in section 19A(2)(a) (failure to comply with regulations under section 8(1) or (1A)) and—
- (a) is a failure to comply with regulation 24 (provision of information and evidence); or
- (b) unless paragraph (3) or (4) applies, is a failure to comply with regulation 23 (attendance) or 23A (attendance by members of a joint-claim couple).
- (3) This paragraph applies where the claimant—
- (a) fails to participate on the day specified in a relevant notification;
- (b) makes contact with an employment officer in the manner set out in a relevant notification before the end of the period of five working days beginning with the first working day after the day on which the claimant failed to participate on the day specified; and
- (c) fails to show a good reason for that failure to participate.
- (4) This paragraph applies where—
- (a) the claimant fails to participate in an interview at the time specified in a relevant notification, but makes contact with an employment officer in the manner set out in the notification on the day specified in the notification;
- (b) the Secretary of State has informed the claimant in writing that a failure to participate in an interview at the time specified in a relevant notification, on the next occasion on which a claimant is required to participate in an interview, at the time specified in a relevant notification, may result in the claimant’s entitlement to a jobseeker’s allowance or a joint-claim jobseeker’s allowance ceasing or the award being subject to a reduction;
- (c) the claimant fails to participate in an interview at the time specified at the time specified in a relevant notification on the next occasion;
- (d) the claimant makes contact with an employment officer in the manner set out in a relevant notification before the end of the period of five working days after the day on which the claimant failed to participate in an interview at the time specified at the time specified; and
- (e) the claimant fails to show a good reason for that failure to participate in an interview at the time specified.
- (5) In this regulation, “relevant notification” has the meaning given in regulation 25.
Sanctionable failures under section 19: schemes under section 17A(1)
70B
- (1) Mandatory Work Activity is a prescribed scheme for the purposes of section 19(2)(e) (higher level sanctions).
- (2) In paragraph (1) “Mandatory Work Activity” means a scheme under section 17A(1) (schemes for assisting persons to obtain employment; “work for your benefit” schemes etc) designed to provide work or work-related activity for up to 30 hours per week over a period of four consecutive weeks with a view to assisting claimants to improve their prospects of obtaining employment.
Application of a reduction to a new award
70C
- (1) Subject to paragraph (4), this regulation applies where—
- (a) the amount of an award is reduced in accordance with section 19 or 19A or regulation 69B;
- (b) that award (“the previous award”) is terminated;
- (c) the reduction period had either not yet begun or not ended when the previous award was terminated;
- (d) a new award is made to the claimant who had been entitled to the previous award; and
- (e) in the case of an award of a joint-claim jobseeker’s allowance, the reduction to the previous award was made in relation to a sanctionable failure by the claimant who is entitled to the new award.
- (2) Where this regulation applies, the reduction period that would have applied to the previous award but for the award having terminated applies to the new award from the first day of the benefit week in which the claim for the new award is made for the outstanding period.
- (3) In this regulation—
- “outstanding period” means the period determined under regulation 69, 69A or 69B in relation to the previous award minus—the benefit weeks in respect of which the previous award was reduced; andthe period beginning with the first day of the benefit week after the benefit week in which the previous award was terminated and ending with the first day of the benefit week in which entitlement to the new award begins;
- “reduction period” means the period determined under regulation 69, 69A or 69B in relation to the previous award.
- (4) This regulation does not apply where the Secretary of State is satisfied that, since the date of the most recent sanctionable failure, the claimant has been in employment for a period of, or more than one period where the total of those periods amounts to, at least 26 weeks.
Voluntary Redundancy
Good reason for the purpose of section 19(2)(c) and (d) and 19A(2)(c)
Good Cause for the purposes of section 19(5)(b)
Just cause for the purpose of sections 19(6)(b) and 20A(2)(e)
Person of prescribed description for the purpose of section 20(3)
Person in receipt of a training allowance
Reduced allowance where one member of a joint-claim couple is subject to a sanction
Interpretation
A3
Any payment made to the claimant in respect of any travel or other expenses incurred, or to be incurred, by him in respect of his participation in a scheme prescribed in regulation 3 of the Jobseeker's Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013.
A3
Any payment made to the claimant in respect of any travel or other expenses incurred, or to be incurred, by him in respect of his participation in a scheme prescribed in regulation 3 of the Jobseeker's Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013 but only for 52 weeks beginning with the date of receipt of the payment.
33A
Any local welfare provision.
23A
Any local welfare provision.
72A
Armed forces independence payment.
Citation, commencement, interpretation and application
A4
Any payment made to the claimant in respect of any child care, travel or other expenses incurred, or to be incurred, by the claimant in respect of the claimant’s participation in a scheme prescribed in regulation 3 of the Jobseeker’s Allowance (Supervised Jobsearch Pilot Scheme) Regulations 2014.
A4
Any payment made to the claimant in respect of any child care, travel or other expenses incurred, or to be incurred, by the claimant in respect of the claimant’s participation in a scheme prescribed by regulation 3 of the Jobseeker’s Allowance (Supervised Jobsearch Pilot Scheme) Regulations 2014, but only for 52 weeks beginning with the date of receipt of the payment.
75
Any payments to a claimant made under section 49 of the Children and Families Act 2014 (personal budgets and direct payments)
64
Any payments to a claimant made under section 49 of the Children and Families Act 2014 (personal budgets and direct payments)
A5
Any payment made to the claimant in respect of any child care, travel or other expenses incurred, or to be incurred, by the claimant in respect of their participation in a scheme prescribed in regulation 3 of the Jobseekers Allowance (18 - 21 Work Skills Pilot Scheme) Regulations 2014.
A5
Any payment made to the claimant in respect of any child care, travel or other expenses incurred, or to be incurred, by the claimant in respect of their participation in a scheme prescribed in regulation 3 of the Jobseekers Allowance (18 - 21 Work Skills Pilot Scheme) Regulations 2014, but only for 52 weeks beginning with the date of receipt of the payment.
Extended period of sickness
55ZA
- (1) This regulation applies to a person who—
- (a) has been awarded a jobseeker’s allowance;
- (b) proves to the satisfaction of the Secretary of State that he is unable to work on account of some specific disease or disablement (“the initial condition”);
- (c) either—
- (i) declares that he has been unable to work, or expects to be unable to work, on account of the initial condition or any other disease or disablement for more than 2 weeks but not more than 13 weeks; or
- (ii) is not a person to whom regulation 55(1) (short periods of sickness) applies by virtue of paragraph (3) of that regulation , and declares that he has been unable to work or expects to be unable to work, on account of the initial condition or any other disease or disablement, for 2 weeks or less;
- (d) during the period of his disease or disablement, satisfies the requirements for entitlement to a jobseeker’s allowance other than those specified in section 1(2)(a), (c) and (f) (availability for and actively seeking employment and capable of work or not having limited capability for work); and
- (e) has not stated in writing that for the period of his disease or disablement he proposes to claim or has claimed an employment and support allowance or universal credit.
- (2) The evidence which is required for the purposes of paragraph (1)(b) in a case where paragraph (1)(c)(i) applies is—
- (a) evidence of incapacity for work or limited capability for work in accordance with the Social Security (Medical Evidence) Regulations 1976 (which prescribe the form of ... statement or other evidence required in each case); and
- (b) any such additional information as the Secretary of State may request.
- (3) Subject to paragraph (3A), the evidence which is required for the purposes of paragraph (1)(b) in a case where paragraph (1)(c)(ii) applies is a declaration made by the person in writing, in a form approved for the purposes by the Secretary of State, that the person has been unfit for work from a date or for a period specified in the declaration.
- (3A) In a case where paragraph (1)(c)(ii) applies, but the period in which the person has been unable to work or expects to be unable to work in fact exceeds 2 weeks, the evidence that is required for the purposes of paragraph (1)(b) is the evidence that is required in a case where paragraph (1)(c)(i) applies.
- (4) Subject to the following paragraphs, a person to whom this regulation applies is to be treated as capable of work or as not having limited capability for work for the continuous period beginning on the first day on which he is unable to work on account of ... disease or disablement (“the first day”) and ending on—
- (a) the last such day; or
- (b) if that period would otherwise exceed 13 weeks, the day which is 13 weeks after the first day.
- (5) This regulation does not apply to a person on more than one occasion in any one period of 12 months starting on the first day applying for the purpose of paragraph (4).
- (6) Paragraphs (4) and (5) of regulation 55 apply for the purposes of this regulation as they apply for the purposes of paragraph (1) of regulation 55.
Periods of sickness and persons receiving treatment outside Great Britain
Prescribed amount of earnings
Housing costs
General exclusions from Paragraph 7
General provisions applying to ... housing costs
1B
If the claimant’s partner has been engaged in remunerative work as an employed earner or, had the employment been in Great Britain, would have been so engaged, any earnings paid or due to be paid on termination of that employment by way of retirement but only if—
- (a) on retirement the partner is entitled to a state pension under Part 1 of the Pensions Act 2014, or
- (b) the only reason the partner is not entitled to a state pension under Part 1 of the Pensions Act 2014 is because the partner does not have the minimum number of qualifying years.
Treatment of student loans and postgraduate ... loans
Treatment of special support loans
136C
A loan under the Education (Student Support) Regulations 2011 or regulations made under section 73 of the Education (Scotland) Act 1980 that is intended to meet the cost of books, equipment, travel or childcare is to be disregarded as income.
Disregard of contribution
Further disregard of student’s income
Income treated as capital
Disregard of changes occurring during summer vacation
76
Any bereavement support payment under section 30 of the Pensions Act 2014 (bereavement support payment) except any such payment which is disregarded as capital under paragraph 12(1)(e) or 65 of Schedule 8.
65
- (1) Any bereavement support payment in respect of the rate set out in regulation 3(2) or (5) of the Bereavement Support Payment Regulations 2017 (rate of bereavement support payment), but only for a period of 52 weeks from the date of receipt of the payment.
- (2) Where bereavement support payment under section 30 of the Pensions Act 2014 is paid to the survivor of a cohabiting partnership (within the meaning in section 30(6B) of the Pensions Act 2014) in respect of a death occurring before the day the Bereavement Benefits (Remedial) Order 2023 comes into force, any amount of that payment which is—
- (a) in respect of the rate set out in regulation 3(1) of the Bereavement Support Payment Regulations 2017, and
- (b) paid as a lump sum for more than one monthly recurrence of the day of the month on which their cohabiting partner died,
but only for a period of 52 weeks from the date of receipt of the payment.
66
Any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.
28A
Any payment made to a claimant under section 73(1)(b) of the Children and Young People (Scotland) Act 2014 (kinship care assistance).
67
Any payments made to a claimant under section 73(1)(b) of the Children and Young People (Scotland) Act 2014 (kinship care assistance).
Housing costs
77
Any payment of carer’s allowance supplement made under section 81 of the Social Security (Scotland) Act 2018.
78
Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.
68
Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.
79
Any funeral expense assistance given in accordance with section 34 of the Social Security (Scotland) Act 2018.
69
Any funeral expense assistance given in accordance with section 34 of the Social Security (Scotland) Act 2018.
80
Any Scottish child payment assistance given in accordance with section 79 of the Social Security (Scotland) Act 2018.
81
Any short-term assistance given in accordance with regulations made under section 36 of the Social Security (Scotland) Act 2018.
70
Any assistance given in accordance with the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019.
71
Any winter heating assistance given in accordance with regulations made under section 30 of the Social Security (Scotland) Act 2018.
82
Any disability assistance given in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018.
12A
Any payment of a widowed parent’s allowance made pursuant to section 39A of the Benefits Act (widowed parent’s allowance)—
- (a) to the survivor of a cohabiting partnership (within the meaning in section 39A(7) of the Benefits Act) who is entitled to a widowed parent’s allowance for a period before the Bereavement Benefits (Remedial) Order 2023 comes into force, and
- (b) in respect of any period of time during the period ending with the day before the survivor makes the claim for a widowed parent’s allowance,
but only for a period of 52 weeks from the date of receipt of the payment.
83
Any amount of carer support payment that is in excess of the amount the claimant would receive if they had an entitlement to carer’s allowance under section 70 of the Benefits Act.
Treatment of loans for specific purposes
84
Any Scottish carer supplement given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.
85
Any carer additional person payment given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.
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