The Jobseeker’s Allowance Regulations 1996

• (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

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

• (d) the conditions set out in section 3A are satisfied in relation to the couple.

• (2) A member of a joint-claim couple who falls within any paragraph in Schedule A1 for the purposes of this regulation for any day in a benefit week shall fall within that category for the whole of that week.

• (3) Subject to paragraph (4), paragraph 2 of Schedule A1 (students) may only apply to a member of a joint-claim couple in respect of one claim for a jobseeker’s allowance made jointly by that couple in respect of a jobseeking period applying to the other member of that couple.

• (4) Notwithstanding paragraph (3), paragraph 2 of Schedule A1 may apply to a member of a joint-claim couple in respect of a further claim for a jobseeker’s allowance made jointly by the couple where the couple’s previous entitlement to a joint-claim jobseeker’s allowance ceased because one member of the couple—

• (a) was engaged in remunerative work;

• (b) had been summoned to jury service; or

• (c) was within a linked period as prescribed in regulation 48(2).

Entitlement of a member of a joint-claim couple to a jobseeker’s allowance without a claim being made jointly by the couple

3E

• (1) A member of a joint-claim couple is entitled to a jobseeker’s allowance if, without making a claim jointly for that allowance with the other member of the couple—

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

• (b) he satisfies the conditions set out in section 3; and

• (c) the other member of that couple fails to meet the conditions of entitlement set out in section 1(2B)(b) and is a person to whom paragraph (2) applies.

• (2) This paragraph applies to a member of a joint-claim couple—

• (a) who has failed to attend at the time and place specified by the employment officer for the purposes of regulation 6 of the Claims and Payments Regulations;

• (b) in respect of whom it has been determined by the Secretary of State that the conditions in section 1(2)(a) to (c) have not been satisfied but only for so long as it has been so determined in respect of that member;

• (c) who is temporarily absent from Great Britain;

• (d) who is a person from abroad as defined for the purposes of regulation 85A and Schedule 5;

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

• (f) who is over pensionable age;

• (g) who is engaged, or has agreed to be engaged, in remunerative work for 16 hours or more per week but less than 24 hours per week;

• (h) who has claimed a maternity allowance payable in accordance with section 35 or 35B of the Benefits Act or who has claimed statutory maternity pay payable in accordance with Part XII of that Act;

• (i) who is or has been pregnant and to whom sub-paragraph (h) does not apply but only for the period commencing 11 weeks before the expected week of confinement and ending twenty eight weeks after the date on which the pregnancy ends;

• (j) in respect of whom there is an Order in Council under section 179 of the Administration Act giving effect to a reciprocal agreement which, for the purposes of jobseeker’s allowance, has effect as if a payment made by another country is to be treated as a payment of a jobseeker’s allowance; ...

• (k) who is in receipt of statutory sick pay and who, immediately before he became incapable of work, was engaged in remunerative work for 16 hours or more per week or

• (1) where the other member was entitled to an income-based jobseeker’s allowance on 24th February 2008, save that this sub-paragraph shall apply only until the day on which he is required to attend at a place specified by an employment officer in a notification given or sent to him.

Transitional case couples: prescribed circumstances and period for the purposes of paragraph 8A(2) of Schedule 1

3F

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

Supply of information

3G

Where a claim for a jobseeker’s allowance has been made jointly by a joint-claim couple, information relating to that claim may be supplied by the Secretary of State to either or both members of that couple for any purpose connected with that claim.

Attendance by members of a joint-claim couple

23A

Each member of a joint-claim couple shall participate in an interview in such manner, time and place as the employment officer may specify by a notification which is given or sent to that member and which may be in writing, by telephone or by electronic means.

Provision of information and evidence

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 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

Reduced allowance where one member of a joint-claim couple is subject to a sanction

74B

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

Interpretation

Applicable amounts for joint-claim couples

86A

Except in the case of a joint-claim couple where regulation 86B (polygamous marriages) or 86C (special cases) ... ... applies, the applicable amount of a joint-claim couple who are jointly claiming a jobseeker’s allowance shall be the aggregate of such of the following amounts as may apply in their case—

• (a) an amount in respect of the joint-claim couple determined in accordance with sub-paragraph (3) of paragraph 1 of Schedule 1;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) the amount of any premiums which may be applicable to either or both members of the joint-claim couple, determined in accordance with Parts IVA and IVB of Schedule 1 (premiums); and

• (d) any amounts determined in accordance with Schedule 2 (housing costs) which may be applicable to the joint-claim couple in respect of housing costs as prescribed in that Schedule.

Applicable amounts for joint-claim couples

86B

Except in the case of a joint-claim couple where regulation 86A or 86C (special cases) ... ... applies, the applicable amount of a joint-claim couple who are jointly claiming a jobseeker’s allowance where either or both members of that couple are members of a polygamous marriage, shall be the aggregate of such of the following amounts as may apply in their case—

• (a) the highest amount applicable to a member of the joint-claim couple and one other member of that marriage determined in accordance with sub-paragraph (3) of paragraph 1 of Schedule 1 as if those members were a couple;

• (b) an amount equal to the difference between the amounts specified in sub-paragraphs (3)(e) and (1)(e) of paragraph 1 of Schedule 1 in respect of each of the other members of the polygamous marriage who are members of that household;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) the amount of any premiums which may be applicable to a member of the joint-claim couple determined in accordance with Parts IVA and IVB of Schedule 1 (premiums); and

• (e) any amounts determined in accordance with Schedule 2 (housing costs) which may be applicable to the joint-claim couple in respect of housing costs as prescribed in that Schedule.

Joint-claim couples: special cases

86C

• (1) Where a member of a joint-claim couple is a person to whom any paragraph in column (1) of Schedule 5A applies (applicable amounts in special cases for joint-claim couples), the amount included in the joint-claim couple’s weekly applicable amount shall be the amount prescribed in the corresponding paragraph in column (2) of that Schedule.

• (2) Except where the amount prescribed in Schedule 5A in respect of a joint-claim couple includes an amount applicable under regulation 86A(c) or 86B(d), a person to whom paragraph (1) applies shall be treated as not falling within the conditions specified in paragraph 20I of Schedule 1 (severe disability premium).

• (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Expressions used in this regulation and in Schedule 5A shall have the same meaning as those expressions have for the purposes of regulation 85 and Schedule 5 save that for the purposes of this regulation and of Schedule 5A, the definition of “person from abroad” in regulation 85(4) shall have effect as if after the words “a claimant” there were inserted the words “,other than a member of a joint-claim couple who is not the nominated member for the purposes of section 3B,”.

Applicable amount for a joint-claim couple where a number is in residential care or a nursing home

86D

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

Transitional supplement to income-based jobseeker’s allowance

Calculation of income and capital of a joint-claim couple

88ZA

• (1) Subject to paragraphs (2) and (4), the income and capital of a joint-claim couple shall be calculated by—

• (a) determining the income and capital of each member of that couple in accordance with this Part; and

• (b) aggregating the amount determined in respect of each member in accordance with sub-paragraph (a) above.

• (2) Where—

• (a) a member of a joint-claim couple is aged less than 18;

• (b) the other member is aged over 18; and

• (c) the applicable amount of the couple falls to be determined under paragraph 1(3)(g) or (h) of Schedule 1 (applicable amounts),

the income of the joint-claim couple shall not be aggregated to the extent that the amount specified in paragraph 1(3)(e) of that Schedule exceeds the amount which applies in that case which is specified in paragraph 1(3)(g) or (h) of that Schedule.

• (3) Where a member of a joint-claim couple is married polygamously to two or more members of his household, the joint-claim couple shall be treated as possessing income and capital belonging to each such member and the income and capital of that member shall be calculated in accordance with the following provisions of this Part in like manner as for each member of the joint-claim couple.

• (4) Regulations 99(2) and 101(2) in so far as they relate to paragraphs 5, 7, 8 and 11 of Schedule 6 (earnings to be disregarded) shall not apply to a member of a joint-claim couple but there shall instead be disregarded from the net earnings of a member of a joint-claim couple any sum, where applicable, specified in—

• (a) paragraphs 1 to 4 and 13 to 16 of Schedule 6; and

• (b) paragraphs 1 to 6 of Schedule 6A.

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

... Liable relative payments

Child support

Calculation of income and capital of full-time students

Rounding of fractions

PART IXA — HARDSHIP FOR JOINT-CLAIM COUPLES

Meaning of “couple in hardship”

146A

• (1) In this Part of these Regulations, a “couple in hardship” means for the purposes of regulation 146C, a joint-claim couple who are claiming a jobseeker’s allowance jointly, other than a couple which includes a member to whom paragraph (3) or (4) applies, where—

• (a) at least one member of the joint-claim couple is a woman who is pregnant and the Secretary of State is satisfied that, unless a joint-claim jobseeker’s allowance is paid, she will suffer hardship; or

• (b) one or both members of the couple are members of a polygamous marriage, one member of the marriage is pregnant and the Secretary of State is satisfied that, unless a joint-claim jobseeker’s allowance is paid, she will suffer hardship; or

• (c) the award of a joint-claim jobseeker’s allowance includes, or would, if a claim for a jobseeker’s allowance from the couple were to succeed, have included in their applicable amount a disability premium and—

• (i) where the couple have an award, a joint-claim jobseeker’s allowance is not payable ... because it is suspended or the award is reduced in accordance with section 19 or 19A or regulation 69B; and

• (ii) the Secretary of State is satisfied that, unless a joint-claim jobseeker’s allowance is paid, the member of the couple who would have caused the disability premium to be applicable to the couple would suffer hardship; or

• (d) either member of the couple suffers from a chronic medical condition which results in functional capacity being limited or restricted by physical or mental impairment and the Secretary of State is satisfied that—

• (i) the suffering has already lasted or is likely to last, for not less than 26 weeks; and

• (ii) unless a joint-claim jobseeker’s allowance is paid, the probability is that the health of the person suffering would, within two weeks of the Secretary of State making his decision, decline further than that of a normally healthy adult and the member of the couple who suffers from that condition would suffer hardship; or

• (e) either member of the couple, or where a member of that couple is married to more than one person under a law which permits polygamy, one member of that marriage, devotes a considerable portion of each week to caring for another person who—

• (i) is in receipt of an attendance allowance , pension age disability payment , the care component of disability living allowance at one of the two higher rates prescribed under section 72(4) of the Benefits Act , the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations , the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 , armed forces independence payment , the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78 of the 2012 Act , or the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022; or

• (ii) has claimed either attendance allowance , pension age disability payment , disability living allowance , Scottish adult disability living allowance , child disability payment , armed forces independence payment , personal independence payment or adult disability payment, but only for so long as the claim has not been determined, or for 26 weeks from the date of claiming, whichever is the earlier; or

• (iii) has claimed either attendance allowance , pension age disability payment or disability living allowance and has an award of either attendance allowance , pension age disability payment or the care component of disability living allowance at one of the two higher rates prescribed under section 72(4) of the Benefits Act for a period commencing after the date on which that claim was made; or

• (iiia) has claimed child disability payment and has an award of the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations for a period commencing after the date on which the claim was made; or

• (iv) has claimed personal independence payment and has an award of the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78 of the 2012 Act for a period commencing after the date on which that claim was made; or

• (iva) has claimed adult disability payment and has an award of the daily living component at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022 for a period commencing after the date on which that claim was made; or

• (v) has claimed and has an award of armed forces independence payment for a period commencing after the date on which that claim was made,

and the Secretary of State is satisfied, after taking account of the factors set out in paragraph (6) in so far as they are appropriate to the particular circumstances of the case, that the person providing the care will not be able to continue doing so unless a joint-claim jobseeker’s allowance is paid; or

• (f) section 16 applies to either member of the couple by virtue of a direction issued by the Secretary of State, except where the member of the joint-claim couple to whom the direction applies does not satisfy the requirements of section 1(2)(a) to (c); or

• (g) section 3A(1)(e)(ii) (member of joint-claim couple under the age of 18) applies to either member of the couple and the Secretary of State is satisfied that unless a joint-claim jobseeker’s allowance is paid, the couple will suffer hardship; or

• (h) one or both members of the couple is a person—

• (i) who, pursuant to the Children Act 1989 or the Social Services and Well-being (Wales) Act 2014, was being looked after by a local authority;

• (ii) with whom the local authority had a duty, pursuant to either of those Acts, to take reasonable steps to keep in touch; or

• (iii) who, pursuant to either of those Acts, qualified for advice or assistance from a local authority,

but in respect of whom head (i), (ii) or, as the case may be, (iii) above had not applied for a period of three years or less as at the date on which the requirements of regulation 146F are complied with; and

• (iv) as at the date on which the requirements of regulation 146F are complied with, that member is, or both of those members are, under the age of 21 ; or

• (i) either member of the couple is a person who is homeless within the meaning of Part 7 of the Housing Act 1996, Part 2 of the Housing (Wales) Act 2014 or Part 2 of the Housing (Scotland) Act 1987, as the case may be.

• (2) Except in a case to which paragraph (3), (4) ... applies, a “couple in hardship” means for the purposes of regulation 146D, a joint-claim couple where the Secretary of State is satisfied, after taking account of the factors set out in paragraph (6) in so far as they are appropriate to the particular circumstances of the case, that the couple will suffer hardship unless a joint-claim jobseeker’s allowance is paid.

• (3) In paragraph (1) and (2), a “couple in hardship” does not include a couple one of whose members is entitled to income support or an employment and support allowance or who falls within a category of persons prescribed for the purposes of section 124(1)(e) of the Benefits Act.

• (4) Paragraph (1)(e) shall not apply in a case where the person being cared for resides in a care home, an Abbeyfield Home or an independent hospital.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) Factors which, for the purposes of paragraphs (1) and (2), the Secretary of State is to take into account in determining whether a joint-claim couple will suffer hardship are—

• (a) the presence in the joint-claim couple of a person who satisfies the requirements for a disability premium specified in paragraphs 20H and 20I of Schedule 1;

• (b) the resources which, without a joint-claim jobseeker’s allowance, are likely to be available to the joint-claim couple, the amount by which these resources fall short of the amount applicable in their case in accordance with regulation 146G (applicable amount in hardship cases for joint-claim couples), the amount of any resources which may be available to the joint-claim couple for any person in the couple’s household who is not a member of the family and the length of time for which those factors are likely to persist;

• (c) whether there is a substantial risk that essential items, including food, clothing, heating and accommodation, will cease to be available to the joint-claim couple, or will be available at considerably reduced levels, the hardship that will result and the length of time those factors are likely to persist.

Period when a joint-claim couple is not in hardship

146B

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

Circumstances in which a joint-claim jobseeker’s allowance is payable where a joint-claim couple is a couple in hardship

146C

• (1) This regulation applies where a joint-claim couple is a couple in hardship within the meaning of regulation 146A(1) and is subject to the provisions of regulations 146E and 146F.

• (2) Subject to paragraph (3), a couple in hardship referred to in paragraph (1), other than a couple in hardship where either or both members are persons to whom regulation 46(1) (waiting days) applies, shall be treated as entitled to a joint-claim jobseeker’s allowance for the period—

• (a) beginning with the eighth day of the jobseeking period or, if later, from the day the couple first becomes a couple in hardship; and

• (b) ending on the day before the claim is determined,

where the sole reason for the claim being determined on that day and not earlier is that a question arises as to whether either or both members satisfy the conditions of entitlement in section 1(2)(a) to (c) provided the joint-claim couple satisfy the conditions set out in section 1(2B)(c).

• (3) A couple in hardship to whom paragraph (2) applies may be treated as entitled to a joint-claim jobseeker’s allowance for a period after the date referred to in that paragraph which is applicable in their case but before the date of the statement referred to in regulation 146E(1) is furnished where the Secretary of State is satisfied that that couple suffered hardship because of a lack of resources during that period.

• (4) A couple in hardship, except where either or both members have been treated as not available for employment in accordance with regulations under section 6(4) shall, subject to the conditions specified in regulation 146E (conditions for hardship payments), be entitled to a joint-claim jobseeker’s allowance without both members satisfying the requirements of section 1(2)(a) to (c) provided the joint-claim couple satisfy the other conditions of entitlement to that benefit.

• (5) A joint-claim jobseeker’s allowance shall be payable to a joint-claim couple who are a couple in hardship even though payment to the couple of a joint-claim jobseeker’s allowance has been suspended in accordance with regulations made under section 21 of the Social Security Act 1998 on the ground that a doubt has arisen as to whether either joint-claimant satisfies the requirements of section 1(2)(a) to (c), but the allowance shall be payable only if and for so long as—

• (a) the joint-claim couple satisfy the other conditions of entitlement to a joint-claim jobseeker’s allowance; or

• (b) one member satisfies those conditions and the other member comes within any paragraph in Schedule A1 (categories of members not required to satisfy conditions in section 1(2B)(b)).

• (6) A joint-claim jobseeker’s allowance shall be payable to a couple in hardship even though the award of joint-claim jobseeker’s allowance has been reduced in accordance with section 19 or 19A or regulation 69B but the allowance shall be payable only if and for so long as—

• (a) the joint-claim couple satisfy the other conditions of entitlement to a joint-claim jobseeker’s allowance; or

• (b) one member satisfies those conditions and the other member comes within any paragraph in Schedule A1 (categories of members not required to satisfy conditions in section 1(2B)(b)).

Further circumstances in which a joint-claim jobseeker’s allowance is payable to a couple in hardship

146D

• (1) This regulation applies to a couple in hardship falling within paragraph (2) but not paragraph (1) of regulation 146A and is subject to the provisions of regulations 146E and 146F.

• (2) A couple in hardship shall be treated as entitled to a joint-claim jobseeker’s allowance for a period commencing on whichever is the later of—

• (a) the 15th day following the date of claim disregarding any waiting days; or

• (b) the day on which regulation 146E is complied with,

and ending on the day before the claim is determined where the sole reason for the claim being determined on that day and not earlier is that a question arises as to whether either or both members of that couple satisfy the conditions of entitlement in section 1(2)(a) to (c) provided the joint-claim couple satisfy the conditions set out in section 1(2B)(c).

• (3) A joint-claim jobseeker’s allowance shall be payable, subject to paragraph (4), to a couple in hardship even though payment to them of a joint-claim jobseeker’s allowance has been suspended in accordance with regulations made under section 21 of the Social Security Act 1998 (suspension of benefit) on the ground that a doubt has arisen as to whether either or both members of that couple satisfy the requirements of section 1(2)(a) to (c) of the Act but the allowance shall be payable only if and for so long as—

• (a) the joint-claim couple satisfy the other conditions of entitlement to a joint-claim jobseeker’s allowance; or

• (b) one member satisfies those conditions and the other member comes within any paragraph in Schedule A1 (categories of members not required to satisfy conditions in section 1(2B)(b)).

• (4) A joint-claim jobseeker’s allowance shall not be payable in respect of the first 14 days of the period of suspension.

• (5) A joint-claim jobseeker’s allowance shall be payable to a couple in hardship even though the award of joint-claim jobseeker’s allowance has been reduced in accordance with section 19 or 19A or regulation 69B but the allowance—

• (a) shall not be payable under this paragraph in respect of the first 14 days of the period to which the reduction applies; and

• (b) shall be payable thereafter only where the conditions of entitlement to a joint-claim jobseeker’s allowance are satisfied or where one member satisfies those conditions and the other member comes within any paragraph in Schedule A1 (categories of members not required to satisfy conditions in section 1(2B)(b)).

Conditions for hardship payments to a joint-claim couple

146E

• (1) A joint-claim jobseeker’s allowance shall not be payable in accordance with regulation 146C or, as the case may be, 146D, except where either member of the joint-claim couple has—

• (a) furnished on a form approved for the purpose by the Secretary of State or in such other form as he may in any particular case approve, a statement of the circumstances he relies upon to establish entitlement under regulation 146C or, as the case may be, regulation 146D; and

• (b) signed the statement.

• (2) The completed and signed form shall be delivered by either member to such office as the Secretary of State may specify.

Provision of information

146F

For the purposes of section 20B(5) and paragraph 10(3) of Schedule 1 to the Act, a member of a joint-claim couple shall provide to the Secretary of State information as to the circumstances of the alleged hardship of that couple.

Applicable amount in hardship cases for joint-claim couples

146G

• (1) The weekly applicable amount of the joint-claim couple to whom a joint-claim jobseeker’s allowance is payable in accordance with this Part of these Regulations shall be reduced by a sum equivalent to—

• (a) 20% of the amount specified in paragraph 1(1)(e) of Schedule 1 in a case where a member of a joint-claim couple is—

• (i) either pregnant or seriously ill, or

• (ii) a member of a polygamous marriage and one of the members of that marriage is pregnant or seriously ill, or

• (b) 40% of the amount specified in paragraph 1(1)(e) of Schedule 1 in all other cases.

• (2) A reduction under paragraph (1) shall, if it is not a multiple of 5p, be rounded to the nearest such multiple or, if it is a multiple of 2.5p but not of 5p, to the next lower multiple of 5p.

Payments made on account of suspended benefit

146H

• (1) This regulation applies to a joint-claim couple to whom—

• (a) payments of a joint-claim jobseeker’s allowance have been suspended in accordance with regulations made under section 21 of the Social Security Act 1998;

• (b) a joint-claim jobseeker’s allowance is paid under regulation 146C or 146D.

• (2) In the case of a joint-claim couple to whom—

• (a) this regulation applies; and

• (b) payments in respect of the benefit suspended fall to be made,

any benefit paid or payable by virtue of regulation 146C(5) or 146D(3) shall be treated as having been paid on account of the suspended benefit and only the balance of the suspended benefit, if any, shall be payable.

Applicable amount in urgent cases: joint-claim couples

148A

• (1) For the purpose of calculating any entitlement to a joint-claim jobseeker’s allowance under this Part—

• (a) except in a case to which sub-paragraph ...(c) or (d) applies, a joint-claim couple’s weekly applicable amount shall, subject to paragraph (1A), be the aggregate of—

• (i) 90 per cent. of the amount applicable (reduced where appropriate in accordance with regulation 146G (applicable amount in hardship cases for joint-claim couples)) in respect of the couple under paragraph 1(3) of Schedule 1 or, as the case may be, the amount applicable in respect of them under regulation 86B (joint-claim couples: polygamous marriages);

• (ii) the amount, if applicable, specified in Part IVA of Schedule 1 (premiums);

• (iii) any amounts applicable under regulation 86A(d) or, as the case may be, 86B(e) (housing costs); and

• (iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) except where sub-paragraph ...(c) applies, in the case of a member of a joint-claim couple to whom any paragraph of Schedule 5A (applicable amounts of joint-claim couples in special cases) applies, the amount shall be 90 per cent. of the amount applicable in column (2) of that Schedule in respect of the joint-claim couple plus, if applicable—

• (i) any premium under Part IVA of Schedule 1;

• (ii) any amounts applicable under regulation 86A(d) or, as the case may be, 86B(e) (housing costs).

• (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Where the calculation of a joint-claim couple’s applicable amount under this regulation results in a fraction of a penny that fraction shall be treated as a penny.

Assessment of income and capital in urgent cases

SCHEDULE A1 — CATEGORIES OF MEMBERS OF A JOINT-CLAIM COUPLE WHO ARE NOT REQUIRED TO SATISFY THE CONDITIONS IN SECTION 1(2B)(b)

Interpretation

1

In this Schedule, “member” means a member of a joint-claim couple.

Member studying full-time

2

• (1) A member—

• (a) who, at the date of claim, is a qualifying young person within the meaning of section 142 of the Benefits Act;

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

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

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

• (a) as at the date of claim—

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

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

• (b) is either—

• (i) a qualifying young person within the meaning of section 142 of the Benefits Act; or

• (ii) a full-time student.

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

• (a) within one month of—

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

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

• (b) who is either—

• (i) a qualifying young person within the meaning of section 142 of the Benefits Act; or

• (ii) a full-time student.

• (3) A member to whom any provision of regulation 13(2)(b) to (e) of the Income Support Regulations (persons receiving relevant education who are severely handicapped, orphans and persons estranged from their parents or guardian) applies.

Member caring for another person

3

A member (the carer)—

• (a) who is regularly and substantially engaged in caring for another person if—

• (i) the person being cared for is in receipt of attendance allowance , pension age disability payment , the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act , the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations , the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 , armed forces independence payment , the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act or the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022; or

• (ii) the person being cared for has claimed attendance allowance or pension age disability payment but only for the period up to the date of determination of that claim, or the period of 26 weeks from the date of that claim, whichever date is the earlier; or

• (iii) the person being cared for has claimed attendance allowance in accordance with section 65(6)(a) of the Benefits Act (claims in advance of entitlement), an award has been made in respect of that claim under section 65(6)(b) of that Act and, where the period for which the award is payable has begun, that person is in receipt of the allowance;

• (iiia) the person being cared for has claimed pension age disability payment, the claim is treated as made at a later date in accordance with regulation 27(2) (when an application is to be treated as made) of the Disability Assistance for Older People (Scotland) Regulations 2024, an award has been made in respect of that claim and, where the period for which the award is payable has begun, that person is in receipt of the payment; or

• (iv) the person being cared for has claimed entitlement to a disability living allowance , child disability payment , Scottish adult disability living allowance , armed forces independence payment , personal independence payment or adult disability payment but only for the period up to the date of determination of that claim, or the period of 26 weeks from the date of that claim, whichever date is the earlier; or

• (v) the person being cared for has claimed entitlement to the care component of a disability living allowance in accordance with regulation 13A of the Claims and Payments Regulations (advance claims and awards), an award at the highest or middle rate has been made in respect of that claim and, where the period for which the award is payable has begun, that person is in receipt of the allowance; ...

• (va) the person being cared for (“P”) has claimed entitlement to the care component of child disability payment in accordance with regulation 24 (when an application is to be treated as made and beginning of entitlement to assistance) of the DACYP Regulations, an award at the highest or middle rate has been made in respect of P’s claim, and where the period for which the award is payable has begun, P is in receipt of that payment;

• (vi) the person being cared for has claimed entitlement to the daily living component of personal independence payment in accordance with regulation 33 of the Universal Credit etc. Claims and Payments Regulations (advance claim for and award of personal independence payment), an award of the standard or enhanced rate of the daily living component has been made in respect of that claim and, where the period for which the award is payable has begun, that person is in receipt of that payment; ...

• (via) the person being cared for has claimed entitlement to the daily living component of adult disability payment in accordance with regulation 35 (when an application is to be treated as made and beginning of entitlement to assistance) of the Disability Assistance for Working Age People (Scotland) Regulations 2022, an award of the standard or enhanced rate of the daily living component has been made in respect of that claim and, where the period for which the award is payable has begun, that person is in receipt of that payment; or

• (vii) the person being cared for has claimed entitlement to armed forces independence payment and an award has been made in respect of that claim and, where the period for which the award is payable has begun, that person is in receipt of that payment;

• (b) who is engaged in caring for another person and who is both entitled to, and in receipt of, a carer’s allowance or carer support payment.

4

A member to whom paragraph 3 applied, but only for a period of 8 weeks from the date on which that paragraph ceased to apply to him.

5

A member who, had he previously made a claim for, and had been entitled to, a jobseeker’s allowance, would have fulfilled the conditions of paragraph 3, but only for a period of 8 weeks from the date on which he ceased to fulfil those conditions.

Member incapable of work

6

A member who—

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

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) is treated as capable of work by virtue of regulations made under section 171E(1) of the Benefits Act (disqualification etc.); or

• (d) is entitled to statutory sick pay.

Members in employment living in residential care homes, nursing homes or residential accommodation

7

A member to whom regulation 53(c) (persons treated as not engaged in remunerative work) applies.

Disabled workers

8

A member to whom regulation 53(h) (persons treated as not engaged in remunerative work) applies.

Disabled students

9

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

Deaf students

10

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

Blind members

11

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

Pregnancy

12

A member who is a woman and who is incapable of work or who has limited capability for work by reason of pregnancy.

Members aged 60 or over

13

A member who has attained the qualifying age for state pension credit.

Refugees

14

A member who is 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 and who—

• (a) is attending for more than 15 hours a week a course for the purpose of learning English so that he may obtain employment; and

• (b) on the date on which that course commenced, had been in Great Britain for not more than 12 months,

but only for a period not exceeding nine months.

Members required to attend court

15

• (1) A member who is required to attend a court or tribunal as a justice of the peace, a party to any proceedings, a witness or a juror.

• (2) In this paragraph, “tribunal” means any tribunal listed in Schedule 1 to the Tribunals and Inquiries Act 1992.

Young persons in training

16

A member who is not a qualifying young person or child within the meaning of section 142 of the Benefits Act (child and qualifying young person) and who is engaged in training and for this purpose “training” means training for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible secured by the Secretary of State... or by the Welsh Ministers and, in Scotland, directly or indirectly by a Local Enterprise Company pursuant to its arrangements with, as the case may be, Skills Development Scotland, Scottish Enterprise or Highlands and Islands Enterprise (whether that arrangement is known as an Operating Contract or by any other name).

Trade disputes

17

A member who is or would be prevented from being entitled to a jobseeker’s allowance by virtue of section 14 (trade disputes) but only where that section does not prevent the other member from being so entitled.

PART IVA — PREMIUMS FOR JOINT-CLAIM COUPLES

20A

Except as provided in paragraph 20B, the weekly premium specified in Part IVB of this Schedule shall, for the purposes of regulations 86A(c) and 86B(d), be applicable to a joint-claim couple where either or both members of a joint-claim couple satisfy the condition specified in paragraphs 20E to 20J in respect of that premium.

20B

Subject to paragraph 20C, where a member of a joint-claim couple satisfies the conditions in respect of more than one premium in this Part of this Schedule, only one premium shall be applicable to the joint-claim couple in respect of that member and, if they are different amounts, the higher or highest amount shall apply.

20C

• (1) Subject to sub-paragraph (2), the following premiums, namely—

• (a) a severe disability premium to which paragraph 20I applies;

• (b) an enhanced disability premium to which paragraph 20IA applies; and

• (c) a carer premium to which paragraph 20J applies,

may be applicable in addition to any other premium which may apply under this Part of this Schedule.

• (2) An enhanced disability premium in respect of a person shall not be applicable in addition to—

• (a) a pensioner premium under paragraph 20E; or

• (b) a higher pensioner premium under paragraph 20F.

20D

• (1) Subject to sub-paragraph (2) for the purposes of this Part of this Schedule, once a premium is applicable to a joint-claim couple under this Part, a person shall be treated as being in receipt of any benefit—

• (a) in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations 1979 applies, for any period during which, apart from the provisions of those Regulations, he would be in receipt of that benefit; ...

• (b) for any period spent by a person in undertaking a course of training or instruction provided or approved by the Secretary of State under section 2 of the Employment and Training Act 1973, or by Skills Development Scotland, Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990, or for any period during which he is in receipt of a training allowance and

• (c) in the case of carer support payment, for any period during which, apart from regulation 16 of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023, he would be in receipt of that benefit.

• (2) For the purposes of the carer premium under paragraph 20J, a person shall be treated as being in receipt of carer’s allowance by virtue of sub-paragraph (1)(a) or carer support payment by virtue of sub-paragraph (1)(c) only if and for so long as the person in respect of whose care the allowance or payment has been claimed remains in receipt of attendance allowance , pension age disability payment, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act, , the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 or the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act , the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022 or armed forces independence payment.

Pensioner premium where one member of a joint-claim couple has attained the qualifying age for state pension credit

20E

The condition is that one member of a joint-claim couple has attained the qualifying age for state pension credit but not the age of 75.

Higher Pensioner Premium

20F

• (1) Subject to sub-paragraph (5), the condition is that one member of a joint-claim couple—

• (a) has attained the qualifying age for state pension credit but not the age of 80, and either the additional conditions specified in paragraph 20H are satisfied in respect of him; or

• (b) has attained the qualifying age for state pension credit and—

• (i) was entitled to or was treated as entitled to either income support or an income-based jobseeker’s allowance and the disability premium was or, as the case may be, would have been applicable to him in respect of a benefit week within 8 weeks of the date he attained the qualifying age for state pension credit and he has, subject to sub-paragraph (2), remained continuously entitled to one of those benefits since attaining that age; or

• (ii) was a member of a joint-claim couple who had been entitled to, or who had been treated as entitled to, a joint-claim jobseeker’s allowance and the disability premium was or, as the case may be, would have been applicable to that couple in respect of a benefit week within 8 weeks of the date either member of that couple attained the qualifying age for state pension credit and the couple have, subject to that sub-paragraph (2), remained continuously entitled to a joint-claim jobseeker’s allowance since that member attained that age.

• (2) For the purpose of this paragraph and paragraph 20H—

• (a) once the higher pensioner premium is applicable to a joint-claim couple, if that member then ceases, for a period of eight weeks or less, to be entitled or treated as entitled to either income support or income-based jobseeker’s allowance or that couple cease to be entitled to or treated as entitled to a joint-claim jobseeker’s allowance, he shall or, as the case may be, that couple shall, on becoming re-entitled to any of those benefits, thereafter be treated as having been continuously entitled thereto;

• (b) in so far as sub-paragraph (1)(b)(i) or (ii) is concerned, if a member of a joint-claim couple ceases to be entitled or treated as entitled to either income support or an income-based jobseeker’s allowance or that couple cease to be entitled to or treated as entitled to a joint-claim jobseeker’s allowance for a period not exceeding eight weeks which includes the date either member of that couple attained the qualifying age for state pension credit, he shall or, as the case may be, the couple shall, on becoming re-entitled to either of those benefits, thereafter be treated as having been continuously entitled thereto.

• (3) In this paragraph, where a member of a joint-claim couple is a welfare to work beneficiary, sub-paragraphs (1)(b)(i) and (2)(b) shall apply to him as if for the words “8 weeks” there were substituted the words “104 weeks”.

• (4) For the purposes of this paragraph, a member of a joint-claim couple shall be treated as having been entitled to income support or to an income-based jobseeker’s allowance or the couple of which he is a member shall be treated as having been entitled to a joint-claim jobseeker’s allowance throughout any period which comprises only days on which a member was participating in an employment zone scheme and was not entitled to—

• (a) income support because, as a consequence of his participation in that scheme, he was engaged in remunerative work or had income in excess of the claimant’s applicable amount as prescribed in Part IV of the Income Support Regulations; or

• (b) a jobseeker’s allowance because, as a consequence of his participation in that scheme, he was engaged in remunerative work or failed to satisfy the condition specified in section 2(1)(c) or the couple of which he was a member failed to satisfy the condition in section 3A(1)(a).

• (5) The condition is not satisfied if the member of the joint-claim couple to whom sub-paragraph (1) refers is a long-term patient.

Disability Premium

20G

• (1) Subject to sub-paragraph (2), the condition is that a member of a joint-claim couple has not attained the qualifying age for state pension credit and satisfies any one of the additional conditions specified in paragraph 20H.

• (2) The condition is not satisfied if—

• (a) paragraph (1) only refers to one member of a joint-claim couple and that member is a long-term patient; or

• (b) paragraph (1) refers to both members of a joint-claim couple and both members of the couple are long-term patients.

Additional Conditions for Higher Pensioner and Disability Premium

20H

• (1) The additional conditions specified in this paragraph are that a member of a joint-claim couple—

• (a) is in receipt of the disability element or the severe disability element of working tax credit as specified in regulation 20(1)(b) and (f) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 or mobility supplement;

• (b) is in receipt of severe disablement allowance;

• (c) is in receipt of attendance allowance or disability living allowance or is a person whose disability living allowance is payable, in whole or in part, to another in accordance with regulation 44 of the Claims and Payments Regulations (payment of disability living allowance on behalf of third party);

• (ca) is in receipt of personal independence payment or is a person whose personal independence payment is payable, in whole or in part, to another in accordance with regulation 58(2) of the Universal Credit etc. Claims and Payments Regulations (payment to another person on the claimant’s behalf);

• (caa) is in receipt of adult disability payment or is a person whose adult disability payment is payable, in whole or in part, to another in accordance with regulation 33 of the Disability Assistance for Working Age People (Scotland) Regulations 2022 (making payments);

• (cab) is in receipt of Scottish adult disability living allowance or is a person whose Scottish adult disability living allowance is payable, in whole or in part, to another in accordance with regulation 28 (making payments) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;

• (cb) is in receipt of armed forces independence payment or is a person whose armed forces independence payment is payable, in whole or in part, to another in accordance with article 24D of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011;

• (d) is in receipt of long-term incapacity benefit or is a person to whom section 30B(4) of the Benefits Act (long-term rate of incapacity benefit payable to those who are terminally ill) applies;

• (e) has been entitled to statutory sick pay, has been incapable of work or has been treated as incapable of work for a continuous period of not less than—

• (i) 196 days in the case of a member of a joint-claim couple who is terminally ill within the meaning of section 30B(4) of the Benefits Act; or

• (ii) 364 days in any other case,

and for these purposes, any two or more periods of entitlement or incapacity separated by a break of not more than 56 days shall be treated as one continuous period;

• (ee) has had limited capability for work or has been treated as having limited capability for work for a continuous period of not less than—

• (i) 196 days in the case of a member of a joint-claim couple who is terminally ill within the meaning of regulation 2(1) of the Employment and Support Allowance Regulations; or

• (ii) 364 days in any other case,

and for these purposes any two or more periods of limited capability for work separated by a break of not more than 12 weeks is to be treated as one continuous period;

• (f) has an invalid carriage or other vehicle provided to him by the Secretary of State under section 5(2)(a) of, and Schedule 2 to, the National Health Service Act 1977 or under section 46 of the National Health Service (Scotland) Act 1978 or provided by the Department of Health and Social Services for Northern Ireland under article 30(1) of the Health and Personal Social Services (Northern Ireland) Order 1972, or receives payments by way of grant from the Secretary of State under paragraph 2 of Schedule 2 to the Act of 1977 (additional provisions as to vehicles) or, in Scotland, under section 46 of the Act of 1978;

• (g) is a person who is entitled to the mobility component of disability living allowance but to whom the component is not payable in accordance with regulation 42 of the Claims and Payments Regulations (cases where disability living allowance not payable);

• (ga) is a person who is entitled to the mobility component of personal independence payment but to whom the component is not payable in accordance with regulation 61 of the Universal Credit etc. Claims and Payments Regulations (cases where mobility component of personal independence payment not payable);

• (gb) is a person who is entitled to the mobility component of adult disability payment but to whom the component is not payable in accordance with regulation 34(6) of the Disability Assistance for Working Age People (Scotland) Regulations 2022 (amount and form of adult disability payment);

• (gc) is a person who is entitled to the mobility component of Scottish adult disability living allowance but to whom the component is not payable in accordance with regulation 29(6) (amount and form of Scottish adult disability living allowance) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;

• (h) was either—

• (i) in receipt of long-term incapacity benefit under section 30A(5) of the Benefits Act immediately before attaining pensionable age and he is still alive; ...