Legalize / United Kingdom / Statutory-Instrument

The Jobseeker’s Allowance Regulations 1996

Type Statutory-Instrument

Publication 1996-02-01

Last updated 2026-04-06

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(ii) entitled to attendance allowance or disability living allowance but payment of that benefit was suspended in accordance with regulations under section 113(2) of the Benefits Act or otherwise abated as a consequence of either member of the joint-claim couple becoming a patient within the meaning of regulation 85(4) (special cases) ...

(iii) entitled to personal independence payment but no amount is payable in accordance with regulations under section 86(1) (hospital in-patients) of the 2012 Act, ...

(iv) entitled to adult disability payment but no amount is payable in accordance with regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability Assistance for Working Age People (Scotland) Regulations 2022,and

(v) entitled to Scottish adult disability living allowance but no amount is payable in accordance with regulation 23 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025,

and in any of the cases described in paragraphs (i) to (v), the higher pensioner premium or disability premium had been applicable to the joint-claim couple; or

(i) is certified as severely sight impaired or blind by a consultant ophthalmologist.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) For the purposes of sub-paragraph (1)(i), a person who has ceased to be certified as severely sight impaired or blind on regaining his eyesight shall nevertheless be treated as severely sight impaired or blind, as the case may be, and as satisfying the additional condition set out in that sub-paragraph for a period of 28 weeks following the date on which he ceased to be so certified.

Severe Disability Premium

20I

(1) The condition is that—

(a) a member of a joint-claim couple is in receipt of attendance allowance , 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 , 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 (“the qualifying benefits”); and

(b) the other member is also in receipt of such an allowance, or if he is a member of a polygamous marriage, all the partners of that marriage are in receipt of a qualifying benefit; and

(c) subject to sub-paragraph (3), there is no non-dependant aged 18 or over normally residing with the joint-claim couple or with whom they are normally residing; and

(d) either—

(i) no person is entitled to, and in receipt of, a carer’s allowance under section 70 of the Benefits Act or carer support payment or has an award of universal credit which includes the carer element in respect of caring for either member or the couple or all the members of the polygamous marriage; or

(ii) a person is engaged in caring for one member (but not both members) of the couple, or one or more but not all members of the polygamous marriage, and in consequence is entitled to a carer’s allowance under section 70 of the Benefits Act or carer support payment or has an award of universal credit which includes the carer element.

(2) Where the other member does not satisfy the condition in sub-paragraph (1)(b), and that member is severely sight impaired or blind or treated as severely sight impaired or blind within the meaning of paragraph 20H(1)(i) and (2), that member shall be treated for the purposes of sub-paragraph (1) as if he were not a member of the couple.

(3) The following persons shall not be regarded as non-dependant for the purposes of sub-paragraph (1)(c)—

(a) a person in receipt of attendance allowance , 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 , 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;

(b) subject to sub-paragraph (5), a person who joins the joint-claim couple’s household for the first time in order to care for a member of a joint claim couple and immediately before so joining, that member satisfied the condition in sub-paragraph (1);

(c) a person who is severely sight impaired or blind or treated as severely sight impaired or blind within the meaning of paragraph 20H(1)(i) and (2).

(4) For the purposes of sub-paragraph (1), a member of a joint-claim couple shall be treated—

(a) as being in receipt of attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act if he would, but for his being a patient for a period exceeding 28 days, be so in receipt;

(b) as being entitled to and in receipt of a carer’s allowance or carer support payment or having an award of universal credit which includes the carer element if he would, but for the person for whom he was caring being a patient in hospital for a period exceeding 28 days, be so entitled and in receipt of carer’s allowance or carer support payment or have such an award of universal credit.

(c) as being in receipt of the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78 of the 2012 Act if he would, but for regulations made under section 86(1) (hospital in-patients) of the 2012 Act, be so in receipt;

(d) as being in receipt of 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, if he would, but for regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of those Regulations, be so in receipt;

(e) as being in receipt of 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 if they would, but for regulation 23 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of those Regulations, be so in receipt.

(5) Sub-paragraph (3)(b) shall apply only for the first 12 weeks following the date on which the person to whom that provision applies first joins the joint-claim couple’s household.

(6) For the purposes of sub-paragraph (1)(d), no account shall be taken of an award of carer’s allowance , carer support payment or universal credit which includes the carer element to the extent that payment of such an award is back-dated for a period before the date on which the award is first paid.

(7) In sub-paragraph (1)(d), the reference to a person being in receipt of a carer’s allowance or carer support payment or as having an award of universal credit which includes the carer element shall include a reference to a person who would have been in receipt of that allowance or had such an award but for the application of a restriction under section 6B or 7 of the Social Security Fraud Act 2001 (loss of benefit provisions).

(8) For the purposes of this paragraph, a person has an award of universal credit which includes the carer element if the person has an award of universal credit which includes an amount which is the carer element under regulation 29 of the Universal Credit Regulations 2013.

Carer Premium

20J

(1) Subject to sub-paragraphs (3) , (4) and (5), the condition is that either or both members of a joint-claim couple are entitled to ... a carer’s allowance under section 70 of the Benefits Act or carer support payment.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Subject to sub-paragraph (5), where a carer premium is awarded but—

(a) the person in respect of whose care the carer’s allowance or carer support payment has been awarded dies; or

(b) in any other case the member of the joint-claim couple in respect of whom a carer premium has been awarded ceases to be entitled ... to a carer’s allowance or carer support payment,

the condition for the award of the premium shall be treated as satisfied for a period of eight weeks from the relevant date specified in sub-paragraph (3A) below.

(3A) The relevant date for the purposes of sub-paragraph (3) above shall be—

(a) where sub-paragraph (3)(a) applies, the Sunday following the death of the person in respect of whose care a carer’s allowance or carer support payment has been awarded or ... the date of death if the death occurred on a Sunday;

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

(c) in any other case, the date on which that member ceased to be entitled to a carer’s allowance or carer support payment.

(4) Subject to sub-paragraph (5), where a member of a joint-claim couple who has been entitled to a carer’s allowance or carer support payment ceases to be entitled to that allowance or payment and makes a claim for a jobseeker’s allowance jointly with the other member of that couple, the condition for the award of the carer premium shall be treated as satisfied for a period of eight weeks from the date on which—

(a) the person in respect of whose care the carer’s allowance or carer support payment has been awarded dies;

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

(c) in any other case, the member who has been entitled to a carer’s allowance or carer support payment ceased to be entitled to that allowance or payment.

(5) For the purposes of sub-paragraphs (3)(a) and (4)(a), where the relevant premium has been awarded as a result of the claimant or the claimant’s partner being entitled to carer support payment, and the death occurred on or after 15th March 2026, the references to “eight weeks” are to be read as “12 weeks”.

Member of a joint-claim couple in receipt of concessionary payments

20K

For the purpose of determining whether a premium is applicable to a joint-claim couple under paragraphs 20H to 20J, any concessionary payment made to compensate a person for the non-payment of any benefit mentioned in those paragraphs shall be treated as if it were a payment of that benefit.

Person in receipt of benefit

20L

For the purposes of this Part of this Schedule, a member of a joint-claim couple shall be regarded as being in receipt of any benefit if, and only if, it is paid in respect of him and shall be so regarded only for any period in respect of which that benefit is paid.

PART IVB — WEEKLY AMOUNTS OF PREMIUMS SPECIFIED IN PART IVA

20M

—

(1) Pensioner premium where one member of a joint-claim couple is aged over 60 and the condition in paragraph 20E is satisfied.

SCHEDULE 4A — APPLICABLE AMOUNT OF A JOINT-CLAIM COUPLE WHERE A MEMBER IS IN A RESIDENTIAL CARE OR NURSING HOME

1

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

2

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

3

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

4

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

5

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

Residential care homes

6

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

Nursing homes

7

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

8

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

9

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

10

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

Circumstances in which the maximum is not to apply

11

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

Personal allowances

12

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

SCHEDULE 5A — APPLICABLE AMOUNTS OF JOINT-CLAIM COUPLES IN SPECIAL CASES

Patients

1

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

Joint-Claim Couple Without Accommodation

2

A joint-claim couple who are without accommodation.

Members of Religious Orders

3

A joint-claim couple who are both members of and fully maintained by a religious order.

Specified Cases of Temporarily Separated Joint-Claim Couples

4

A joint-claim couple who are temporarily separated where—

(a) one member is—

(i) not a patient but is residing in a care home, an Abbeyfield Home or an independent hospital, or

(iii) resident in premises used for the rehabilitation of alcoholics or drug addicts;

(iv) resident in accommodation provided under section 3 of, and Part II of the Schedule to, the Polish Resettlement Act 1947 (provision of accommodation in camps);

(v) participating in arrangements for training made under section 2 of the Employment and Training Act 1973, or section 2 of the Enterprise and New Towns (Scotland) Act 1990 or participating in an employment rehabilitation programme established under that section of the Act of 1973, where the course requires him to live away from the dwelling occupied as the home; or

(vi) in a probation or bail hostel approved for the purpose by the Secretary of State, and

(b) the other member is—

(i) living in the dwelling occupied as the home;

(ii) a patient;

(iii) residing in a care home, an Abbeyfield Home or an independent hospital.

(iv) resident in a residential care home or nursing home.

Polygamous Marriages where one or more members of the marriage are temporarily separated

5

A joint-claim couple where one member is a member of a polygamous marriage and is temporarily separated from a partner of his, where one of them is living in the home while the other member is—

(a) not a patient but is residing in a care home, an Abbeyfield Home or an independent hospital, or

(d) attending a course of training or instruction provided or approved by the Secretary of State where the course requires him to live away from home; or

(e) in a probation or bail hostel approved for the purpose by the Secretary of State.

Joint-claim couples and members of polygamous marriages where one member is, or all are, temporarily in local authority accommodation

6

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

Joint-claim couples where one member is absent from the United Kingdom

7

A joint-claim couple where one member is temporarily absent from the United Kingdom—

(a) in the circumstances prescribed in regulation 50(6B);

(b) in any other circumstances.

Polygamous marriages where any member of the marriage is abroad

8

A joint-claim couple where one member is a member of a polygamous marriage and—

(a) he, the other member or one of his partners is;

(b) he, the other member and one or more of his partners are; or

temporarily absent from the United Kingdom.

Members of joint-claim couples in residential accommodation

9

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

Members of joint-claim couples temporarily absent from a hostel, residential care or nursing home

10

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

11

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

Rounding of Fractions

12

Where any calculation under this Schedule or as a result of a joint-claim jobseeker’s allowance being awarded for a period of less than one complete benefit week results in a fraction of a penny, that fraction shall be treated as a penny.

SCHEDULE 6A — SUMS TO BE DISREGARDED IN THE CALCULATION OF EARNINGS OF MEMBERS OF JOINT-CLAIM COUPLES

1

(1) In a case to which this paragraph applies, £20; but notwithstanding regulation 88ZA (calculation of income and capital of members of a joint-claim couple), if this paragraph applies to one member of a joint-claim couple, it shall not apply to the other member except where, and to the extent that, the earnings of the member which are to be disregarded under this paragraph are less than £20.

(2) This paragraph applies where the joint-claim couple’s applicable amount includes, or but for one member being an in-patient... ... would include, an amount by way of a disability premium under Schedule 1 (applicable amounts).

(3) This paragraph applies where—

(a) the joint-claim couple’s applicable amount would include—

(i) an amount by way of the disability premium under Schedule 1 but for the higher pensioner premium under that Schedule being applicable; or

(ii) had a member of that couple not been an in-patient......, the higher pensioner premium under that Schedule and had that been the case, the joint-claim couple would also satisfy the condition in (i) above; and

(b) either member has not attained the qualifying age for state pension credit and at least one is engaged in part-time employment.

(4) This paragraph applies where—

(a) the joint-claim couple’s applicable amount includes, or but for a member being an in-patient... ... would include, an amount by way of the higher pensioner premium under Schedule 1; and

(b) either member has attained the qualifying age for state pension credit; and

(c) immediately before attaining that age either, or as the case may be both, members were engaged in part-time employment and the joint-claimant was entitled by virtue of sub-paragraph (2) or (3) to a disregard of £20; and

(d) either, or as the case may be both, members have continued in part-time employment.

(5) For the purposes of this paragraph—

(a) except where paragraph (b) or (c) applies, no account shall be taken of any period not exceeding eight consecutive weeks occurring—

(i) on or after the date on which either member attained the qualifying age for state pension credit during which either member was, or both members were, not engaged in part-time employment or either member was, or both members were, not entitled to a jobseeker’s allowance or, income support or an employment and support allowance; or

(ii) immediately after the date on which either member ceased to participate in arrangements for training made under section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990 or ceased to participate in an employment rehabilitation programme established under that section of the 1973 Act;

(b) in a case where either or both members have ceased to be entitled to a jobseeker’s allowance or, income support or an employment and support allowance because either member becomes engaged in remunerative work, no account shall be taken of any period during which either or both members were not entitled to a jobseeker’s allowance or, income support or an employment and support allowance, not exceeding the permitted period, occurring on or after the date on which either member attained the qualifying age for state pension credit;

(c) no account shall be taken of any period occurring on or after the date on which either member attained the qualifying age for state pension credit during which either or both members were not entitled to a jobseeker’s allowance or, income support or an employment and support allowance because either or both members were participating in arrangements for training made under section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990 or participating in an employment rehabilitation programme established under that section of the 1973 Act.

2

(1) In a case where paragraph 1 does not apply to a member of a joint-claim couple and subject to sub-paragraph (2), where the joint-claim couple’s applicable amount includes an amount by way of the carer premium under Schedule 1 (applicable amounts), £20 of the earnings of the person who is, or at any time in the preceding eight weeks was, in receipt of a carer’s allowance or carer support payment or treated in accordance with paragraph 20J(2) of that Schedule as being in receipt of a carer’s allowance.

(2) Where the carer premium is awarded in respect of a joint-claim couple, the earnings of each member shall for the purposes of this paragraph be aggregated but the amount to be disregarded in accordance with sub-paragraph (1) shall not exceed £20 of the aggregated amount.

3

(1) In the case to which neither paragraph 1 nor 2 applies to a member of a joint-claim couple (“the first member”), £20 of earnings derived from one or more employments to which paragraph 9 of Schedule 6 applies but, notwithstanding regulation 88ZA (calculation of income and capital of a joint-claim couple), if this paragraph applies to one member of a joint-claim couple it shall not apply to the other member except to the extent specified in sub-paragraph (2).

(2) If the other member is engaged in employment—

(a) specified in sub-paragraph (1), so much of his earnings as would not in aggregate with the amount of the first member’s earnings disregarded under this paragraph exceed £20;

(b) other than one specified in sub-paragraph (1), so much of his earnings from that employment up to £5 as would not in aggregate with the first member’s earnings disregarded under this paragraph exceed £20.

4

Where a member of a joint-claim couple is engaged in one or more employments specified in paragraph 3(1) but his earnings derived from such employments are less than £20 in any week and he is also engaged in any other part-time employment, so much of his earnings from that other employment up to £5 as would not in aggregate with the amount of his earnings disregarded under paragraph 3 exceed £20.

5

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

6

(1) In a case where none of paragraphs 1 to 5 apply, £10 but, notwithstanding regulation 88ZA (calculation of income and capital of joint-claim couples), if this paragraph applies to one member of a joint-claim couple, it shall not apply to the other member except where, and to the extent that, the earnings of the member which are to be disregarded under this sub-paragraph are less than £10.

(2) In a case where one or more of paragraphs 1 to 5 apply and the total amount disregarded under those paragraphs is less than £10, so much of the earnings of the member of a joint-claim couple as would not in aggregate with the amount disregarded under paragraphs 1 to 5 exceed £10.

7

In this Schedule, “part-time employment” and “permitted period” shall bear the meanings prescribed respectively in paragraphs 20 and 21 of Schedule 6.

Bereavement Premium

9A

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

Pensioner premium for persons over 60

Pensioner premium where claimant’s partner has attained the age of 75

Higher Pensioner Premium

Disability Premium

Additional Conditions for Higher Pensioner and Disability Premium

Severe Disability Premium

Enhanced disability premium

15A

(1) Subject to sub-paragraph (2), the condition is that—

(a) the claimant; or

(b) the claimant’s partner (if any),

is a person who has not attained the qualifying age for state pension credit and is a person to whom sub-paragraph (1ZA) applies.

(1ZA) This sub-paragraph applies to the person mentioned in sub-paragraph (1) where—

(a) the care component of disability living allowance is, or would, but for a suspension of benefit in accordance with regulations under section 113(2) of the Benefits Act or but for an abatement as a consequence of hospitalisation, be payable to that person at the highest rate prescribed under section 72(3) of the Benefits Act; or

(aa) the care component of child disability payment is payable to that person at the highest rate in accordance with regulation 11(5) of the DACYP Regulations; or

(ab) the care component of Scottish adult disability living allowance is, or would, but for regulation 23 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025, be payable to that person at the highest rate in accordance with regulation 6(4) of those Regulations; or

(b) the daily living component of personal independence payment is, or would, but for a suspension of benefits in accordance with regulations under section 86(1) (hospital in-patients) of the 2012 Act, be payable to that person at the enhanced rate in accordance with section 78(2) of the 2012 Act; or

(ba) the daily living component of adult disability payment is, or would, but regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability Assistance for Working Age People (Scotland) Regulations 2022, be payable to that person at the enhanced rate in accordance with regulation 5 of those Regulations

(1A) Where the condition in sub-paragraph (1) ceases to be satisfied because of the death of a child or young person, the condition is that the claimant or partner is entitled to child benefit in respect of that person under section 145A of the Benefits Act (entitlement after death of child or qualifying young person).

(2) The condition is not satisfied where the person to whom sub-paragraph (1) refers is—

(a) a child or young person—

(i) whose capital if calculated in accordance with Part 8 of these Regulations in like manner as for the claimant, except as provided in regulation 106(1), would exceed £3,000; or

(ii) who is a long-term patient;

(b) a single claimant or a lone parent and (in either case) is a long-term patient;

(c) a member of a couple or polygamous marriage and each member of the couple or polygamous marriage is a long-term patient; or

(d) a member of a couple or polygamous marriage who is—

(i) a long-term patient; and

(ii) the only member of the couple or polygamous marriage to whom sub-paragraph (1) refers.

Disabled Child Premium

Carer Premium

Persons in receipt of concessionary payments

Person in receipt of benefit

Enhanced disability premium

20IA

(1) Subject to sub-paragraph (2), the condition is that in respect of a member of a joint-claim couple who has not attained the qualifying age for state pension credit—

(a) the care component of disability living allowance is, or would, but for a suspension of benefit in accordance with regulations under section 113(2) of the Benefits Act or but for an abatement as a consequence of hospitalisation, be payable at the highest rate prescribed under section 72(3) of the Benefits Act; ...

(aa) the care component of Scottish adult disability living allowance is, or would, but for regulation 23 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025, be payable at the highest rate in accordance with regulation 6(4) of those Regulations; or

(b) the daily living component of personal independence payment is, or would, but for regulations made under section 86(1) (hospital in-patients) of the 2012 Act, be payable at the enhanced rate in accordance with section 78(2) of the 2012 Act , the daily living component of adult disability payment is, or would, but for regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability Assistance for Working Age People (Scotland) Regulations 2022, be payable at the enhanced rate under those Regulations, or armed forces independence payment is payable.

(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.

Carer Premium

Member of a joint-claim couple in receipt of concessionary payments

Person in receipt of benefit

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

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

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;

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;

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

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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);

(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

Pregnancy

Members aged 60 or over

Refugees

Members required to attend a court or tribunal

Young persons in training

Trade disputes

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

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

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

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

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

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

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