|
|
|
|
|
|
|
Navigation
News
|
 |
Statutory Instrument 2000 No. 1978The Jobseeker's Allowance (Joint Claims) Regulations 2000(The document as of February, 2008) STATUTORY INSTRUMENTS2000 No. 1978SOCIAL SECURITYThe Jobseeker's Allowance (Joint Claims) Regulations 2000
The Secretary of State for Education and Employment, in relation to regulation 2(2) and (5) of these Regulations (in so far as regulation 2(5) relates to paragraphs 2 to 9 and 18 to 32 of Schedule 2 to these Regulations), and the Secretary of State for Social Security in relation to the remainder of these Regulations, in exercise of the powers conferred by sections 1(2C), (2D) and (4), 3(1)(f)(iii) and (2), 3A(1)(e)(ii), 4(5), 8(1A)(a) to (c) and (2), 9(1) and (10), 12(1), (2) and (4)(a) and (b), 13(2A), 17(1A), 19(8) and (10), 20(4) and (6), 20A(3), (5)(b), (6), (8) and (9), 20B(3) to (8), 21, 35(1) and 36(1), (2) and (4) of, and paragraphs 1, 4, 5, 8A(1) and (2), 9, 9A to 9D, 10(1) to (4), 11(2), 12 and 15 of Schedule 1 to, the Jobseekers Act 1995[1], section 171D, 171G(2) and 175(3) and (4) of the Social Security Contributions and Benefits Act 1992[2] and sections 72(1) and 83(4) of the Welfare Reform and Pensions Act 1999[3] and of all other powers enabling each of them in that behalf, by this Instrument which contains only regulations made by virtue of, or consequential upon, provisions of section 59 of, and Schedule 7 to, the Welfare Reform and Pensions Act 1999 and which is made before the end of the period of six months beginning with the coming into force of those provisions[4], hereby make the following Regulations: Citation, commencement and interpretation 1. - (1) These Regulations shall be cited as the Jobseeker's Allowance (Joint Claims) Regulations 2000 and shall come into force on 19th March 2001. (2) In these Regulations, "the principal Regulations" means the Jobseeker's Allowance Regulations 1996[5]. Amendment of the principal Regulations 2. - (1) The principal Regulations shall be amended in accordance with the following paragraphs of this regulation. (2) After Part I there shall be inserted the following Part - 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 was born after 19th March 1976, 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 -
(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.
(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.
(b) ceased to be a child or children for whom they are responsible; or (c) reached the age of 16 and are no longer receiving full-time education for the purposes of section 142 of the Benefits Act. (2) In a case to which this paragraph applies -
(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.
(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.
(b) one member satisfies the conditions set out in section 1(2)(a) to (c) and (e) to (i); and (c) the other member -
(ii) satisfies the conditions set out in section 1(2)(e) and (h); and (iii) subject to paragraph (3), is a person to whom any paragraph of 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.
(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
(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 -
(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 85 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 more than 16 hours per week but less than 24 hours per week; (h) who has claimed a maternity allowance payable in accordance with section 35 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 seven 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; or (k) who is in receipt of statutory sick pay and who, immediately before he became incapable of work, was engaged in remunerative work for more than 16 hours per week. Transitional case couples: prescribed circumstances and period for the purposes of paragraph 8A(2) of Schedule 1 (3) After Part IX there shall be inserted the following Part - 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 -
(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 -
(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 impairment and the Secretary of State is satisfied that -
(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 -
(ii) has claimed either attendance allowance or disability living allowance, 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 or disability living allowance and has an award of either attendance allowance 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, 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
(ii) with whom the local authority had a duty, pursuant to that Act, to take reasonable steps to keep in touch; or (iii) who, pursuant to that Act, 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
(2) Except in a case to which paragraph (3), (4) or (5) 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.
(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
(b) on the day which is 14 days after the day on which the New Deal decision had effect, whichever is the later.
(b) on the day following the expiration of the period referred to in paragraph (1), they are not a couple in hardship for the purposes of regulation 146D. (4) In this regulation, "New Deal decision" means a decision that section 20A(2)(b) or (c) applies to a member of a joint-claim couple by virtue of an act or omission relating to one of the New Deal options.
(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).
(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 section 20A(5)(a) (denial of joint-claim jobseeker's allowance) prevents payment of a joint-claim jobseeker's allowance to the couple or section 20A(5)(b) (reduction of joint-claim jobseeker's allowance) reduces the amount of a joint-claim jobseeker's allowance payable to the couple but the allowance shall be payable only if and for so long as -
(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
(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).
(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.
(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
(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.
(b) where one member of the joint-claim couple or of the polygamous marriage (other than a member of a couple or polygamous marriage to whom sub-paragraph (a) applies) at least one of whom is aged not less than 18, the amount specified in paragraph 1(1)(e) of Schedule 1. (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.
(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 -
(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.". (4) Before Schedule 1, there shall be inserted the Schedule at Schedule 1 to these Regulations. Interpretation 1.In this Schedule, "member" means a member of a joint-claim couple. Member studying full-time 2.A member who, at the date of claim -
(b) is a full-time student; (c) has 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 (d) has 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. (2) A member to whom sub-paragraph (1) applies and who has applied to an educational establishment to commence a full-time course of study -
(b) within one month of the day on which the member received examination results relating to a previous course of study, but this sub-paragraph shall not apply in respect of an application to commence a course of study beyond a first degree course or a comparable course.
(ii) the person being cared for has claimed attendance allowance 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; (iv) the person being cared for has claimed entitlement to a disability living allowance 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[12] (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; (b) who is engaged in caring for another person and who is both entitled to, and in receipt of, an invalid care allowance. 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.
(b) is treated as incapable of work by virtue of regulations made under section 171D of that Act (persons to be treated as incapable or capable of work); or (c) is treated as capable of work by virtue of regulations made under section 171E(1) of that Act (disqualification etc.); or (d) is entitled to statutory sick pay. Members in employment living in residential care homes, nursing homes or residential accommodation
(b) who has satisfied the provisions of paragraph 6 for a continuous period of not less than 196 days, and for this purpose, any two or more separate periods separated by a break of not more than 56 days shall be treated as one continuous period. Deaf students
(b) an allowance or, as the case may be, a bursary has been granted which includes a sum under paragraph (1)(d) of regulation 4 of the Students' Allowances (Scotland) Regulations 1999[15] or, as the case may be, the Education Authority Bursaries (Scotland) Regulations 1995[16] in respect of expenses incurred; or (c) a payment has been made under section 2 of the Education Act 1962[17]; or (d) a grant has been made under regulation 13 of the Education (Student Support) Regulations 2000[18] or under regulation 13 of the Education (Student Support) Regulations 2000 (Northern Ireland)[19]; or (e) a supplementary requirement has been determined under paragraph 9 of Schedule 6 to the Students Awards Regulations (Northen Ireland) 1999[20] or a payment has been made under article 50(3) of the Education and Libraries (Northern Ireland) Order 1986[21], on account of his disability by reason of deafness.
(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. 1.In regulation 1(3) (interpretation), at the end of the definition of "partner", there shall be added the words -
2.After regulation 23 (attendance) there shall be inserted the following regulation -
23A.Each member of a joint-claim couple shall attend at such place and at such time 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.". 3.In regulation 24 (provision of information and evidence) -
(c) after paragraph (3) there shall be inserted the following paragraph -
(f) in paragraph (8) after the words "paragraph (1)" there shall be inserted the words ",(1A)" and after the words "regulation 23" there shall be inserted the words "or 23A"; (g) in paragraph (9) after the words "(4) or (5)" there shall be inserted the words "or (5A)"; (h) in paragraph (10) after the words "regulation 23" there shall be inserted the words "or 23A". 4.In regulation 25(1) (entitlement ceasing on a failure to comply) -
(b) in both sub-paragraphs (a) and (b) after the words "regulation 23" there shall be inserted the words "or 23A"; (c) in both sub-paragraphs (b) and (c) for the words "the claimant" there shall be substituted the words "that claimant". 5.In regulation 26 (time at which entitlement is to cease) -
(b) after the words "regulation 23" there shall be inserted the words "or 23A". 6.In regulation 27(1) (where entitlement is not to cease) -
(b) after the words "regulation 23" there shall be inserted the words "or 23A". 7.In regulation 28(1) (matters to be taken into account in determining whether a claimant has good cause for failing to comply with a notice under regulation 23 or 23A), after the words "regulation 23" there shall be inserted the words "or 23A".
10.In regulation 46(1) (waiting days) -
(b) after sub-paragraph (b) there shall be aded the following sub-paragraphs -
(d) a joint-claim couple have claimed a jobseeker's allowance jointly within 12 weeks of either member of that couple being entitled to a jobseeker's allowance, income support, incapacity benefit or invalid care allowance; (e) a member of a joint-claim couple is both in receipt of a training allowance and the nominated member for the purposes of section 3B.". 11.In regulation 47 (jobseeking periods), at the end of sub-paragraph (b) in paragraph (2) there shall be added the words "or, where the claimant is a member of a joint-claim couple, a jobseeker's allowance is payable in accordance with Part IXA (hardship)".
(b) after paragraph (4) there shall be added the following paragraph -
13.In regulation 50 (persons temporarily absent from Great Britain), after paragraph (6) there shall be inserted the following paragraphs -
(b) he has made definite arrangements to be temporarily absent from Great Britain from some future date, and that member shall be so treated during any such period of temporary absence from Great Britain.
(b) not exceeding 4 weeks where he is in receipt of a training allowance during the period of absence and regulation 170 applies in his case; or (c) not exceeding 7 days where the absence is for the purpose of attending an interview for employment, where that member is so temporarily absent as at the date of claim by the other member of that couple.". 14.In regulation 51 (remunerative work), in both paragraph (1)(a) and (2), for the words "the claimant" there shall be substituted the words "a claimant".
(b) after paragraph (2) there shall be inserted the following paragraph -
(b) had the joint-claim couple of which he is a member claimed a jobseeker's allowance jointly, section 14 (trade disputes) would have applied in the case of one or both members of that couple; and (c) the joint-claim couple were not entitled to a joint-claim jobseeker's allowance when that member of the joint-claim couple became involved in the trade dispute, and shall be so treated for a period of 7 days beginning on the date the stoppage of work commenced at that member's place of employment or, if there was no stoppage of work, the date on which that member first withdrew his labour in furtherance of the trade dispute.". 16.After regulation 53(g) (persons treated as not engaged in remunerative work), there shall be inserted the following paragraph -
(ii) involved in a trade dispute; and (iii) not a person to whom regulation 52(2A) applies, and had the joint-claim couple of which he is a member claimed a jobseeker's allowance jointly, section 14 (trade disputes) would have applied in the case of one or both members of that couple;". 17.In paragraph (1) of regulation 55[26] (short periods of sickness), after the words "section 19(5) or (6)" there shall be inserted the words "or 20A(2)".
58.For the period specified in relation to him, a young person to whom regulation 59, 60 or 61 applies shall be regarded as a person within prescribed circumstances for the purposes of section 3(1)(f)(iii) or section 3A(1)(e)(ii) (conditions of entitlement for certain persons under the age of 18).". 19.In regulation 61 (other young persons in prescribed circumstances) -
(b) in paragraph (1)(f), after the words "section 19(6)(c) or (d)" there shall be inserted the words "or section 20A(2)(b), (c), (f) or (g)"; (c) in paragraph (2)(c), after the words "regulation 23" there shall be inserted the words "or regulation 23A". 20.In regulation 62 (registration), after the words "section 3(1)(f)(ii) or (iii)" there shall be inserted the words "or section 3A(1)(e)(i) or (ii)".
(aa) after the words "section 19(5)(b) or (c)" there shall be inserted the words "or section 20A(2)(b) or (c)"; (bb) after the words "section 19(6)(a) or (b)" there shall be inserted the words "or section 20A(2)(d) or (e)"; (ii) in sub-paragraph (c) after the words "section 19(5)(b)(i), (ii) or (iv)", in both places where they occur, there shall be inserted the words "or section 20A(2)(b)(i), (ii) or (iv)"; (iii) in sub-paragraph (d) after the words "section 19(5)(b)(iii)", in both places where they occur, there shall be inserted the words "or section 20A(2)(b)(iii)"; (b) in paragraph (4) after the words "section 19(5)(b)(iii)" there shall be inserted the words "or section 20A(2)(b)(iii)" and after the words "section 19(5)(c)" there shall be inserted the words "or section 20A(2)(c)". 22.In regulation 66(1) (the jobseeker's agreement) after the words "section 19" there shall be inserted the words "or section 20A" and after the words "sections 19 and 20" there shall be inserted the words "or sections 20A and 20B".
(ii) in sub-paragraph (b), after the words "section 19(5)(b)(i), (ii) or (iv)" there shall be inserted the words "or section 20A(2)(b)(i), (ii) or (iv)" and after the words "section 19(5)(b)(iii)" there shall be inserted the words "or section 20A(2)(b)(iii)"; (b) in paragraph (2) -
(ii) after the words "section 19(5)(b) or (c)" there shall be inserted the words "or section 20A(2)(b) or (c)"; (iii) after the words "section 19(6)(a) or (b)" there shall be inserted the words "or section 20A(2)(d) or (e)"; (c) in paragraph (3) -
(ii) after the words "section 19(5)(c)" there shall be inserted the words "or section 20A(2)(c)". 24.In regulation 68(1) and (2)[28] (reduced amount of allowance) after the words "a couple" there shall be inserted "(including a joint-claim couple)" and after the words "19(6)(c) or (d)" there shall be inserted the words "or within section 20A(2)(a) to (c), (f) or (g)".
(ii) after the words "section 19(5)", in each place where they occur, there shall be inserted the words "or section 20A(2)(a) to (c)"; (b) in paragraph (2) for the words "section 19(2)" there shall be substituted the words "sections 19(2) and 20A(3)"; 26.In regulation 70 (sanctions of discretionary length) -
(b) after the words "section 19(6)(a)" there shall be inserted the words "or section 20A(2)(d)". 27.In regulation 72 (good cause for the purposes of section 19(5)(a) and (6)(c) and (d) and section 20A(2)(a), (f) and (g)) -
(b) in paragraphs (2)[30], (4), (5) and (6) after the words "for the purposes of section 19(5)(a) and (6)(c) and (d)" there shall be inserted the words "and section 20A(2)(a), (f) and (g)"; (c) in both paragraphs (3A) and (5A) after the words "for the purposes of section 19(6)(c) and (d)", in each place where they occur, there shall be inserted the words "and section 20A(2)(f) and (g)"; (d) in paragraph (8) after the words "for the purposes of section 19(6)(d)" there shall be inserted the words "and section 20A(2)(g)"; (e) in paragraph (9)(b)(ii) after the words "section 19(6)(d)" there shall be inserted the words "or section 20A(2)(g)". 28.In regulation 73 (good cause for the purposes of section 19(5)(b) and section 20A(2)(b)) -
(b) in paragraphs (2), (2A) and (2B)[31] after the words "for the purposes of section 19(5)(b)", in each place where they occur, there shall be inserted the words "and section 20A(2)(b)"; (c) in paragraph (2A)(b) after the words "in section 19(5)(b)" there shall be inserted the words "or section 20A(2)(b)"; (d) in paragraph (2B)(b) after the words "for the purposes of section 19(5)(b)(iii) and (iv)" there shall be inserted the words "and section 20A(2)(b)(iii) and (iv)". 29.In regulation 74 (person of prescribed description for the purposes of section 20(3) and 20B(3)) -
(ii) after the words "section 19(6)(b) or (d)" there shall be inserted the words "or section 20A(2)(e) or (g)"; (b) in paragraph (4), after the words "section 20(3)" there shall be inserted the words "and section 20B(3)". 30.In regulation 74A[32] (person in receipt of a training allowance) -
(b) after paragraph (2) there shall be inserted the following paragraphs -
(4) A joint-claim jobseeker's allowance which is payable to a couple in accordance with this regulation shall be payable to the couple at the full rate applicable to it.". 31.After regulation 74A there shall be inserted the following regulation -
74B. - (1) Where only one member of a joint-claim couple is subject to sanctions for the purposes of section 20A, the rate of jobseeker's allowance payable in respect of the couple for the period of those sanctions shall be calculated in accordance with this regulation. (2) Where paragraph (1) applies, a reduced rate of jobseeker's allowance shall be payable to the member of the couple who is not subject to sanctions. (3) That reduced rate shall be -
(b) in any case where the couple are a couple in hardship for the purposes of Part IXA, a rate equal to the amount calculated in accordance with regulation 146G; (c) in any other case, a rate calculated in accordance with section 4(3A) save that the applicable amount shall be the amount determined by reference to paragraph 1(1) of Schedule 1 which would have been the applicable amount had the member of the couple who is not subject to sanctions been a single claimant.". 32.In regulation 75[33] (interpretation) -
(b) in paragraph (1)(b)(iii) after the words "section 19(5)(c)" there shall be inserted the words "and section 20A(2)(b)(iii) and (iv) and section 20A(2)(c)"; (c) in paragraph (2) after the words "subsection (2)" there shall be inserted the words "and in section 20A, except subsection (3)"; (d) in paragraph (3) after the words "section 19(2)" there shall be inserted the words ", section 20A(3)"; (e) in paragraph (4) after the words "subsection (9)" there shall be inserted the words "in section 20A". 33.In regulation 78 (circumstances in which a person is to be treated as being or not being a member of the household) -
(c) in paragraph (3) -
(ii) in sub-paragraph (c), for the words "the claimant" there shall be substituted the words "a claimant". 34.For regulation 82 there shall be substituted the following regulation -
82. - (1) Regulations 83 to 86 and 87 apply in the case of an income-based jobseeker's allowance but not a joint-claim jobseeker's allowance. (2) Regulations 86A to 86D only apply in the case of a joint-claim jobseeker's allowance.". 35.After regulation 86 there shall be inserted the following regulations -
86A.Except in the case of a joint-claim couple where regulation 86B (polygamous marriages), 86C (special cases) or 86D (members of joint-claim couples in residential care and nursing homes) or Part X (urgent 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 -
(b) an amount in respect of either or both members of the joint-claim couple determined in accordance with paragraph 3 of Schedule 1 (residential allowance); (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 mortgage interest payments or such other housing costs as are prescribed in that Schedule. Applicable amounts for joint-claim couples: polygamous marriages
(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) an amount, whether in respect of a member of the joint-claim couple or any member of his household aged 16 or over, determined in accordance with paragraph 3 of Schedule 1 (residential allowance); (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 mortgate interest payments or such other housing costs as are prescribed in that Schedule. Joint-claim couples: special cases 36.In regulation 88(1) (calculation of income and capital of members of a claimant's family and of a polygamous marriage), for the words "and to regulation" there shall be substituted the words "and regulations 88ZA (calculation of income and capital of a joint-claim couple) and".
88ZA. - (1) Subject to paragraphs (2) and (4), the income and capital of a joint-claim couple shall be calculated by -
(b) aggregating the amount determined in respect of each member in accordance with sub-paragraph (a) above. (2) Where -
(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.
(b) paragraphs 1 to 6 of Schedule 6A.". 38.In regulation 93(1) (calculation of income) for the words "section 3(1)" there shall be substituted the words "sections 3(1) (the income-based conditions) and 3A(1) (the conditions for claims by joint-claim couples)".
(b) in paragraph (4), after the words "Schedule 6" there shall be inserted the words "or paragraphs 1, 2, 5 and 6 of Schedule 6A". 42.In regulation 105(10)(a)(ii)[35] (notional income), for the words "or 84(1)(g)" there shall be substituted the words ", 84(1)(g), 86A(d) or 86B(e)".
(b) in paragraph (2), after the word "applies" there shall be inserted the words "or where the person in hardship is a member of a joint-claim couple and regulation 3E does not apply". 46.In regulation 148(1) (applicable amount in urgent cases), after the words "income-based jobseeker's allowance" there shall be inserted the words "but not a joint-claim jobseeker's allowance".
148A. - (1) For the purpose of calculating any entitlement to a joint-claim jobseeker's allowance under this Part -
(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) the amount, if applicable, specified in paragraph 3 of Schedule 1; (b) where a member of a joint-claim couple is a resident in a residential care home or a nursing home and has a preserved right, the weekly applicable amount of the joint-claim couple shall be the aggregate of -
(ii) the amount in respect of the weekly charge for his accommodation calculated in accordance with regulation 86D and Schedule 4A; (c) where a member of a joint-claim couple is in residential accommodation, the weekly applicable amount shall be 98 per cent. of the amount referred to in column (2) of paragraph 9 of Schedule 5A (applicable amounts of joint-claim couples in special cases) which is applicable to the couple;
(ii) any amounts applicable under regulation 86A(d) or, as the case may be, 86B(e) (housing costs). (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.". 48.In regulation 150 (amount of a jobseeker's allowance payable), after paragraph (1) there shall be inserted the following paragraphs -
(1B) Where a joint-claim couple become, or cease to be, a joint-claim couple on any day other than on the first day of a benefit week, the amount payable by way of a joint-claim jobseeker's allowance in respect of that benefit week shall be calculated by applying the formula in paragraph (1).". 49.In regulation 151 (amount of a jobseeker's allowance payable when a person is in a residential care or nursing home) -
(b) in paragraph (2), after the words "weekly applicable amount" there shall be inserted the words "or, as the case may be, the weekly applicable amount of the joint-claim couple". 50.In regulation 152 (relevant week) -
(ii) after the words "that claimant", there shall be inserted the words "or the joint-claim couple"; (b) at the beginning of paragraph (2) there shall be inserted the words "Except in a case to which paragraph (3) applies,";
51.In regulation 153 (modification in the calculation of income), for the words "or regulation 88(4)" there shall be substituted the words ", regulation 88(4) or 88ZA(3)".
(b) after the renumbered paragraph (1) there shall be added the following paragraph -
(ii) shall be at a rate equal to the difference between the amount which would be payable for a period of less than a week and the prescribed sum where that amount would be more than the prescribed sum."". 53. - (1) Schedule 1 (applicable amounts) shall be amended in accordance with the following sub-paragraphs. 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) The severe disability premium to which paragraph 20I applies may be applicable in addition to any other premium which may apply under this Part of this Schedule. (2) The 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. 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 -
(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[39], or by Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990[40], or for any period during which he is in receipt of a training allowance. (2) For the purposes of the carer premium under paragraph 20J, a person shall be treated as being in receipt of invalid care allowance by virtue of sub-paragraph (1)(a) only if and for so long as the person in respect of whose care the allowance has been claimed remains 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.
(b) has attained the age of 60 and -
(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 60th birthday of either member of that couple 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 -
(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 60th birthday of either member of that couple, 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 continously 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 "52 weeks".
(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). Disability Premium
(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); (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[41]; (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 -
(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;
(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), and in either case, the higher pensioner premium or disability premium had been applicable to the joint-claim couple; or (2) In the case of a member of a joint-claim couple who is a welfare to work beneficiary, the reference in sub-paragraph (1)(e) to a period of 56 days shall be treated as a reference to a period of 52 weeks.
(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 -
(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 an invalid care allowance under section 70 of the Benefits Act. (2) Where the other member does not satisfy the condition in sub-paragraph (1)(b), and that member is blind or treated as 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.
(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 blind or treated as 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 -
(b) as being entitled to and in receipt of an invalid care allowance 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. (5) Sub-paragraph (3)(b) shall apply only for the first12 weeks following the date on which the person to whom that provision applies first joins the joint-claim couple's household.
(b) the claim for that allowance was made on or after 1st October 1990; and (c) the person or persons in respect of whose care the allowance has been claimed remains or remain 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. (3) Where a carer premium is awarded but the member of the joint-claim couple in respect of whom it has been awarded ceases to be entitled to an invalid care allowance, the condition for the award of the premium shall be treated as satisfied for a period of eight weeks from the date on which -
(b) in any other case, that member ceased to be entitled to an invalid care allowance. (4) Where a member of a joint-claim couple who has been entitled to an invalid care allowance ceases to be entitled to that allowance 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 -
(b) in any other case, that member was last entitled to an invalid care allowance. Member of a joint-claim couple in receipt of concessionary payments
(b) the circumstances affecting the calculation of those housing costs remain unchanged since the last calculation of those costs, the applicable amount in respect of housing costs for joint-claim jobseeker's allowance shall be the applicable amount in respect of those costs current when entitlement to income support was last determined.". (3) In paragraph 2(1) (circumstances in which a person is liable to meet housing costs), in both heads (a) and (c), after the words "or his partner" there shall be inserted the words "or, where that person is a member of a joint-claim couple, the other member of that couple,".
(b) for sub-paragraph (2)(c)(ii) there shall be substituted the following -
(c) in sub-paragraph (4A)[49] -
(ii) in paragraph (b), for the words "or in section 3(1)(a)" there shall be substituted the words ", 3(1)(a) or 3A(1)(a)"; (d) in sub-paragraph (7)(b), after the words "most favourable to him" there shall be inserted the words "or, as the case may be, to the joint-claim couple of which he is a member"; (5) At the end of paragraph 6 (existing housing costs) there shall be added the following sub-paragraph -
(6) After paragraph 7(2A)[50] (new housing costs) there shall be inserted the following sub-paragraph -
(7) In paragraph 8(1)(a) (general exclusions from paragraphs 6 and 7), after the words "or his partner" there shall be inserted the words "or either member of a joint-claim couple".
(b) after sub-paragraph (1)(d), there shall be inserted the following paragraph -
(c) after sub-paragraph (2) there shall be inserted the following sub-paragraphs -
(2B) Where both joint-claimants claiming a jobseeker's allowance in respect of themselves have not been in receipt of a jobseeker's allowance for a period before they became a joint-claim couple, sub-paragraph (1) shall have effect in respect of that couple in relation to the period which is most favourable to the couple for the purposes of this Schedule.";
(e) in sub-paragraph (3A) -
(ii) in head (b), for the words "or in section 3(1)(a)" there shall be substituted the words ", 3(1)(a) or 3A (1)(a)". 55.After Schedule 4 there shall be inserted the following Schedule - 1.In this Schedule, "the relevant member" means a member of a joint-claim couple to whom regulation 86D applies. 2.The weekly applicable amount of a joint-claim couple where one member of that couple is a relevant member shall be the aggregate of -
(b) subject to paragraph 4, the weekly charge for the accommodation, including all meals and services, provided for the relevant member increased, where appropriate, in accordance with paragraph 3 but, except in a case to which paragraph 11 applies, subject to the maximum determined in accordance with paragraph 4; (c) a weekly amount for personal expenses for the relevant member determined in accordance with paragraph 12; and (d) where the relevant member is only temporarily in such accommodation any amount applicable under regulation 86A(d) or 86B(e) (housing costs) in respect of the dwelling normally occupied as the home. 3. - (1) Where, in addition to the weekly charge for accommodation, a separate charge is made for the provision of heating, attention in connection with bodily functions, supervision, extra baths, laundry or a special diet needed for a medical reason, the weekly charge for the purpose of paragraph 2(a) shall be increased by the amount of that charge.
(b) if the meals cannot be so purchased, the amount calculated on a weekly basis -
(ii) for a midday meal, at a daily rate of Ј1.55; and (iii) for an evening meal, at a daily rate of Ј1.55, except that, if some or all of the meals are normally provided free of charge or at a reduced rate, the amount shall be reduced to take account of the lower charge or reduction. 4.Where any part of the weekly charge for the accommodation is met by housing benefit, an amount equal to the part so met shall be deducted from the amount calculated in accordance with paragraph 2(a).
(b) past or present drug or alcohol dependence, the appropriate amount shall be Ј234.00 per week; (c) mental handicap, the appropriate amount shall be Ј266.00 per week; (d) physical disablement, the appropriate amount shall be Ј303.00 per week; (e) any condition not falling within sub-paragraphs (a) to (d) above, the appropriate amount shall be Ј221.00 per week. Nursing homes
(b) mental handicap, the appropriate amount shall be Ј337.00 per week; (c) past or present drug or alcohol dependence, the appropriate amount shall be Ј331.00 per week; (d) physical disablement, the appropriate amount shall be Ј373.00 per week; (e) terminal illness, the appropriate amount shall be Ј330.00 per week; (f) any condition not falling within sub-paragraphs (a) to (e), the appropriate amount shall be Ј330.00 per week. 8.The appropriate amount applicable to a relevant member in a residential care home or nursing home shall, subject to paragraph 9, be determined -
(b) where the home is a residential care home not so registered or a nursing home, by reference to the type of care which, taking into account the facilities and accommodation provided, the home is providing to the relevant member. 9. - (1) Where more than one amount would otherwise be applicable, in accordance with paragraph 8, to a relevant member in a residential care home or a nursing home, the appropriate amount in any case shall be determined in accordance with the following sub-paragraphs.
(b) in the case of a nursing home, Ј51.00. Circumstances in which the maximum is not to apply
(b) he was able to afford the charges in respect of that accommodation when he took up residence; (c) having regard to the availability of suitable alternative accommodation and to the circumstances mentioned in paragraph 12(5)(b) of Schedule 2 (housing costs), it is reasonable that the maximum should not apply in order to allow him time to find alternative accommodation; (d) he is not a person who is being accommodated -
(ii) by a local authority under section 20 of the Children Act 1989[53] (provision for accommodation for children: general) or, in Scotland, section 12 of the Social Work (Scotland) Act 1968[54] (general welfare); and (e) he is seeking alternative accommodation and intends to leave his present accommodation once alternative accommodation is found. (3) Where -
(b) immediately before that date, the actual charge for the relevant member's accommodation was being met either wholly or partly out of his resources, or, wholly or partly out of other resources which can no longer be made available for this purpose; (c) since that date, the local authority have not at any time accepted responsibility for the making of arrangements for the provision of such accommodation for the relevant member; and (d) the Secretary of State is satisfied that, unless this provision applies in the relevant member's case, the joint-claim couple of which he is a member will suffer exceptional hardship, the maximum amount shall be the rate specified in sub-paragraph (4) if that rate exceeds the maximum which, but for this sub-paragraph, would be determined under paragraph 5.
(b) the aggregate of the following amounts -
(ii) Ј26.15; and (iii) if the relevant member was entitled at that date t |