The Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996

• Citation: S.I. 1996/206
• Sections: 64

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996 and shall come into force on 7th October 1996.

(2) Regulations 2 to 32 of these Regulations shall have effect in relation to any particular claimant at the beginning of the first benefit week to commence for that claimant on or after 7th October 1996 which applies in his case.

(3) In these Regulations—

the expressions “benefit week" and “claimant" have the same meanings as in the principal Regulations;

“the principal Regulations" means the Income Support (General) Regulations 1987 .

Section 2 Amendment of regulation 2 of the principal Regulations

In regulation 2 of the principal Regulations (interpretation)—

(a) after the definition of “attendance allowance" there shall be inserted the following definition—

“the benefit Acts" means the Contributions and Benefits Act and the Jobseekers Act 1995; ;

(b) the definition of “registered person" shall be omitted.

Section 3 Amendment of regulation 3A of the principal Regulations

In regulation 3A of the principal Regulations (permitted period) —

(a) in paragraph (1)(a) the words “subject to paragraph (2)," shall be omitted; and

(b) paragraphs (2) and (3) shall be omitted.

Section 4 Insertion of regulation 4ZA in the principal Regulations

In Part II of the principal Regulations (conditions of entitlement) there shall be inserted at the beginning the following regulation—

Prescribed categories of person

(4ZA)

(1) Subject to the following provisions of this regulation, a person to whom any paragraph of Schedule 1B applies falls within a prescribed category of person for the purposes of section 124(1)(e) of the Contributions and Benefits Act (entitlement to income support).

(2) Paragraph (1) does not apply to a student during the period of study.

(3) A student during the period of study falls within a prescribed category of person for the purposes of section 124(1)(e) of the Contributions and Benefits Act only if—

(a) regulation 70(3)(a) applies to him; or

(b) paragraph 1, 2, 10, 11, 12, or 18 of Schedule 1B applies to him; or

(c) any other paragraph of Schedule 1B applies to him and he has a partner who is also a student, and either he or his partner is treated as responsible for a child or young person, but this provision shall apply only for the period of the summer vacation appropriate to his course.

Section 5 Amendment of regulation 4 of the principal Regulations

(1) Regulation 4(2) of the principal Regulations (temporary absence from Great Britain) shall be amended in accordance with the following provisions of this regulation.

(2) For heads (i) and (ii) of sub-paragraph (c) there shall be substituted the following heads—

(i) the claimant falls within one or more of the prescribed categories of person listed in Schedule 1B other than paragraphs 7, 15, 20, 21, 24, 25, 26 or 27 of that Schedule; or

(ii) the claimant falls within paragraph 7 of Schedule 1B (persons incapable of work) and his absence from Great Britain is for the sole purpose of receiving treatment from an appropriately qualified person for the incapacity by reason of which he satisfies the conditions of that paragraph; or.

(3) In head (v) for the words “paragraph 5 of Schedule 1" there shall be substituted the words “paragraph 7 of Schedule 1B".

Section 6 Amendment of regulation 6 of the principal Regulations

In regulation 6 of the principal Regulations (persons not treated as engaged in remunerative work) for paragraph (f) there shall be substituted the following paragraph—

(f) he is a person to whom paragraph 4 of Schedule 1B applies;

Section 7 Amendment of regulation 13 of the principal Regulations

In regulation 13(2) of the principal Regulations (circumstances in which persons in relevant education are to be entitled to income support)—

(a) sub-paragraphs (f) and (g) shall be omitted; and

(b) for sub-paragraph (h) there shall be substituted the following sub-paragraph—

(h) is a person to whom paragraph 18 of Schedule 1B (refugees) applies.

Section 8 Amendment of regulation 16 of the principal Regulations

(1) Regulation 16 of the principal Regulations (circumstances in which a person is to be treated as being or not being a member of the household) shall be amended in accordance with the following provisions of this regulation.

(2) In sub-paragraphs (a)(i), (aa)(i) and (b)(i) of paragraph (5) there shall be added at the beginning the words “subject to paragraph (5A),".

(3) After paragraph (5) there shall be inserted the following paragraph—

(5A) Sub-paragraphs (a)(i), (aa)(i) and (b)(i) of paragraph (5) shall not apply in a case where immediately before the date of claim for income support the claimant was entitled to an income-based jobseeker’s allowance.

Section 9 Amendment of regulation 17 of the principal Regulations

In regulation 17(1) of the principal Regulations (applicable amounts) for the words “18 to 22" there shall be substituted the words “18 to 22A".

Section 10 Amendment of regulation 18 of the principal Regulations

(1) Regulation 18 of the principal Regulations (polygamous marriages) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (1)—

(a) for the words “19 to 22" there shall be substituted the words “19 to 22A"; and

(b) in sub-paragraph (b) for the words “sub-paragraphs (3)(c)" there shall be substituted the words “sub-paragraphs (3)(d)".

(3) In paragraph (2) for sub-paragraph (b) there shall be substituted the following sub-paragraph—

(b) that partner is a person who—

(i) had he not been a member of a polygamous marriage would have qualified for income support under regulation 4ZA; or

(ii) satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (prescribed circumstances for persons aged 16 but less than 18); or

(iii) is the subject of a direction under section 16 of the Jobseekers Act 1995 (persons under 18: severe hardship).

Section 11 Amendment of regulation 19 of the principal Regulations

In regulation 19(1) of the principal Regulations (applicable amounts for persons in residential care and nursing homes) for the words “regulation 22" there shall be substituted the words “regulation 22A".

Section 12 Amendment of regulation 21 of the principal Regulations

In regulation 21(1) of the principal Regulations (special cases) for the words “regulations 21A and 22" there shall be substituted the words “regulation 22A".

Section 13 Addition of regulation 22A of the principal Regulations

In Part IV of the principal Regulations (applicable amounts) at the end there shall be added the following regulation—

Reduction in applicable amount where the claimant is appealing against a decision that he is not incapable of work

(22A)

(1) Subject to paragraph (3), where a claimant falls within paragraph 25 of Schedule 1B (persons appealing against a decision that they are not incapable of work under the all work test), and none of the other paragraphs of that Schedule applies to him, his applicable amount shall be reduced by a sum equivalent to 20 per cent. of the following amount—

(a) in the case of a person to whom regulation 17 or 18 or paragraphs 6, 9 to 12, 16, 17(c)(i) or (d)(i) of Schedule 7 applies—

(i) where he is a single claimant aged less than 18 or a member of a couple or a polygamous marriage where all the members, in either case, are less than 18, the amount specified in paragraph 1(1)(a), (b) or (c), as the case may be, of Schedule 2 (applicable amounts);

(ii) where he is a single claimant aged not less than 18 but less than 25 or a member of a couple or a polygamous marriage where one member is aged not less than 18 but less than 25 and the other member, or in the case of a polygamous marriage each other member, is a person under 18 who—

(aa) does not qualify for income support under regulation 4ZA, or who would not so qualify if he were to make a claim; and

(bb) does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (prescribed circumstances for persons aged 16 but less than 18); and

(cc) is not the subject of a direction under section 16 of the Jobseekers Act 1995 (persons under 18: severe hardship),

the amount specified in paragraph 1(1)(d) of that Schedule;

(iii) where he is a single claimant aged not less than 25 or a member of a couple or a polygamous marriage (other than a member of a couple or a polygamous marriage to whom head (ii) of this sub-paragraph applies) at least one of whom is aged not less than 18, the amount specified in paragraph 1(1)(e) of that Schedule;

(b) in the case of a person to whom regulation 19 applies (applicable amounts for people in residential care and nursing homes), the amount allowed for personal expenses for him specified in paragraph 13 of Schedule 4.

(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.

(3) Paragraph (1) shall not apply to a claimant who is appealing against a decision that he is not incapable of work under the all work test where that decision was made on the first application of the test to the claimant, and the claimant was, immediately prior to 13th April 1995, either—

(a) in receipt of invalidity pension under Part II of the Contributions and Benefits Act as then in force, or severe disablement allowance; or

(b) incapable of work in accordance with paragraph 5 of Schedule 1 as in force on 12th April 1995 and had been so for a continuous period of 28 weeks.

Section 14 Amendment of regulation 23 of the principal Regulations

(1) Regulation 23(4) of the principal Regulations (calculation of income and capital of members of claimant’s family and of a polygamous marriage) shall be amended in accordance with the following provisions of this regulation.

(2) For the words “paragraph 1(3)(b), (e) or (f)" there shall be substituted the words “paragraphs 1(3)(b), (c), (f) or (g)".

(3) In sub-paragraph (a) for the words “paragraph 1(3)(b)" there shall be substituted the words “paragraph 1(3)(c)".

(4) In sub-paragraph (b) for the words “paragraph 1(3)(e) or (f)" there shall be substituted the words “paragraph 1(3)(f) or (g)".

Section 15 Amendment of regulation 31 of the principal Regulations

In regulation 31(2) of the principal Regulations (date on which income is treated as paid) for the words “unemployment benefit" there shall be substituted the words “jobseeker’s allowance".

Section 16 Amendment of regulation 32 of the principal Regulations

In regulation 32(4) of the principal Regulations (calculation of weekly amount of income) —

(a) in sub-paragraph (a) the words “unemployment benefit" shall be omitted; and

(b) in sub-paragraph (b) after the words “income support" there shall be inserted the words “or jobseeker’s allowance".

Section 17 Amendment of regulation 42 of the principal Regulations

In regulation 42(2) of the principal Regulations (notional income) for sub-paragraph (c) there shall be substituted the following sub-paragraph—

(c) jobseeker’s allowance;.

Section 18 Amendment of regulation 71 of the principal Regulations

(1) Regulation 71 of the principal Regulations (applicable amounts in urgent cases) shall be amended in accordance with the following provisions of this regulation.

(2) In head (i) of paragraph (1)(a), for the words following “(polygamous marriages);" to the end of the head there shall be substituted the words “and where regulation 22A (reduction in applicable amount where the claimant is appealing against a decision that he is not incapable of work) applies, the reference in this head to 90 per cent. of the amount applicable shall be construed as a reference to 90 per cent. of the relevant amount under that regulation reduced by 20 per cent;".

(3) In head (i) of paragraph (1)(b), for the words following “all of them;" to the end of the head there shall be substituted the words “and where regulation 22A (reduction in applicable amount where the claimant is appealing against a decision that he is not incapable of work) applies, the reference in this head to 90 per cent. of the amount shall be construed as a reference to 90 per cent. of the relevant amount under that regulation reduced by 20 per cent;".

Section 19 Amendment of regulation 73 of the principal Regulations

In regulation 73(3) of the principal Regulations (amount of income support payable for part weeks) for the words “unemployment benefit" there shall be substituted the words “jobseeker’s allowance".

Section 20 Amendment of regulation 75 of the principal Regulations

In paragraphs (b), (e) and (f) of regulation 75 of the principal Regulations (modifications in the calculation of income) for the words “unemployment benefit" in each place where they occur there shall be substituted the words “jobseeker’s allowance".

Section 21 Amendment of regulation 76 of the principal Regulations

In regulation 76(a) of the principal Regulations (reduction in certain cases) for the words from the beginning of the paragraph to “applies" there shall be substituted the words “in the case of a claimant to whom regulation 22A (reduction in applicable amount where the claimant is appealing against a decision that he is not incapable of work) applies".

Section 22 Insertion of Schedule 1B in the principal Regulations

Immediately before Schedule 2 to the principal Regulations (applicable amounts) there shall be inserted as Schedule 1B the Schedule set out in Schedule 1 to these Regulations.

Section 23 Amendment of Schedule 2 to the principal Regulations

Schedule 2 to the principal Regulations (applicable amounts) shall be amended in accordance with the provisions of Schedule 2 to these Regulations.

Section 24 Amendment of Schedule 3 to the principal Regulations

(1) Schedule 3 to the principal Regulations (housing costs) shall be amended in accordance with the following provisions of this regulation.

(2) For head (a) of paragraph 8(2) (new housing costs) there shall be substituted the following head—

(a) is a person to whom paragraph 4 or 5 of Schedule 1B (persons caring for another person) applies;

(3) In paragraph 14 (linking rule)—

(a) in sub-paragraph (5)(a) after the words “unemployment benefit," there shall be inserted the words “a contribution-based jobseeker’s allowance,";

(b) in sub-paragraph (5A) for the words “paragraph 4 of Schedule 1 applies (persons with caring responsibilities not required to be available for employment)" there shall be substituted the words “paragraph 4 or 5 of Schedule 1B (persons caring for another person) applies"; and

(c) in sub-paragraph (5B) for head (b) there shall be substituted the following head—

(b) is a student, other than one who would qualify for income support under regulation 4ZA(3) (prescribed categories of person);

Section 25 Amendment of Schedules 3A and 3B to the principal Regulations

In Schedules 3A and 3B to the principal Regulations (protected sum) in the definition of “protected sum" in paragraph 1(1) of each Schedule after the words “under this Schedule" there shall be inserted the words “or by virtue of regulation 87(2) of the Jobseeker’s Allowance Regulations 1996 .".

Section 26 Amendment of Schedule 10 to the principal Regulations

In paragraph 7 of Schedule 10 to the principal Regulations (capital to be disregarded) in sub-paragraph (b) after the words “an income-related benefit or" there shall be inserted the words “an income-based jobseeker’s allowance,".

Section 27 Transitional provisions

(1) Where on 6th October 1996 or at any time during the eight weeks immediately preceding that date paragraph 4(1) of Schedule 1 to the principal Regulations (persons caring for another person) as in force on that date applied to a claimant, or would have applied to him if he had made a claim for income support, the claimant shall be treated for the purposes of paragraphs 5 and 6 of Schedule 1B to the principal Regulations as if, throughout the period that paragraph 4(1) of Schedule 1 applied or would have applied to him, paragraph 4 of Schedule 1B had applied or would have applied to him.

(2) Where on 6th October 1996 paragraph 5 of Schedule 1 to the principal Regulations (persons incapable of work) as in force on that date applied to a claimant, the claimant shall be treated for the purposes of regulation 4(2)(c)(v) of and paragraph 10 of Schedule 1B to the principal Regulations as if, throughout the period that paragraph 5 of Schedule 1 applied to him, paragraph 7 of Schedule 1B had applied to him.

(3) Where—

(a) a determination of the amount of a person’s benefit has been made in a case to which regulation 19(5) of The Disability Working Allowance and Income Support (General) Amendment Regulations 1995 as originally made had effect (amendments consequential on the coming into force of the Social Security (Incapacity for Work) Act 1994: transitional provisions); and

(b) an appeal to which regulations 8(2A) or 11(2A) of the principal Regulations as in force on 2nd October 1995 referred (persons not required to be available or registered for employment), has still to be determined,

regulation 22A(1) of the principal Regulations (reduction in applicable amount where the claimant is appealing against a decision that he is not incapable of work) shall not apply to that person.

Section 28 Revocations

The regulations listed in Column 2 of Schedule 3 to these Regulations are hereby revoked to the extent specified in Column 3 of Schedule 3 to these Regulations.

Section 29 Amendment of the Income Support (Transitional) Regulations

(1) The Income Support (Transitional) Regulations 1987 shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 2 (interpretation) at the end there shall be added the following paragraph—

(3) In these Regulations the expressions “transitional addition" and “special transitional addition" include any amount payable by virtue of regulation 87(1) of the Jobseeker’s Allowance Regulations 1996 .

(3) In regulation 2A (permitted period) —

(a) in paragraph (1)(a) the words “subject to paragraph (2)," shall be omitted; and

(b) paragraphs (2) and (3) shall be omitted.

Section 30 Amendment of the Income Support (General) Amendment No. 4 Regulations 1991

In regulation 24 of the Income Support (General) Amendment No. 4 Regulations 1991 (permitted period)—

(a) in paragraph (1)(a) the words “subject to paragraph (2) of this regulation," shall be omitted; and

(b) paragraphs (2) and (3) shall be omitted.

Section 31 Amendment of the Income Support (General) Amendment No. 6 Regulations 1991

In regulation 6 of the Income Support (General) Amendment No. 6 Regulations 1991 (definition of “permitted period")—

(a) in paragraph (1) the words “subject to paragraph (2) below," shall be omitted; and

(b) paragraphs (2) and (3) shall be omitted.

Section 32 Continuity with jobseeker’s allowance

In determining whether a person is entitled to or is to be treated as being in receipt of income support or whether any amount is applicable or payable—

entitlement to an income-based jobseeker’s allowance shall be treated as entitlement to income support for the purposes of any requirement that a person is or has been entitled to income support for any period of time; and

a person who is treated as being in receipt of income-based jobseeker’s allowance shall be treated as being in receipt of income support for the purposes of any requirement that he is or has been treated as being in receipt of income support for any period of time.

Section 1 Lone parents

A person who is a lone parent and responsible for a child who is a member of his household.

Section 2 Single persons looking after foster children

A single claimant or a lone parent with whom a child is placed by a local authority or voluntary organisation within the meaning of the Children Act 1989 or, in Scotland, the Social Work (Scotland) Act 1968.

Section 3 Persons temporarily looking after another person

A person who is—

(a) looking after a child because the parent of that child or the person who usually looks after him is ill or is temporarily absent from his home; or

(b) looking after a member of his family who is temporarily ill.

Section 4 Persons caring for another person

A person (the carer)—

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

(i) the person being cared for is in receipt of attendance allowance under section 64 of the Contributions and Benefits Act or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act; or

(ii) the person being cared for has claimed attendance allowance under that section 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 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

(b) who is engaged in caring for another person and who is in receipt of an invalid care allowance.

Section 5

A person to whom paragraph 4 applied, but only for a period of 8 weeks from the date on which that paragraph ceased to apply to him.

Section 6

A person who, had he previously made a claim for income support, would have fulfilled the conditions of paragraph 4, but only for a period of 8 weeks from the date on which he ceased to fulfil those conditions.

Section 7 Persons incapable of work

A person who—

(a) is incapable of work in accordance with the provisions of Part XIIA of the Contributions and Benefits Act and the regulations made thereunder (incapacity for work) ; or

(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.

Section 8 Disabled workers

A person to whom regulation 6(a) (persons not treated as engaged in remunerative work) applies.

Section 9 Persons in employment living in residential care homes, nursing homes or residential accommodation

A person to whom regulation 6(g) applies.

Section 10 Disabled students

A person who is a student and—

(a) whose applicable amount includes the disability premium or severe disability premium; or

(b) who has satisfied the provisions of paragraph 7 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.

Section 11 Disabled students

A person who is a student and who—

(a) immediately before 1st September 1990 was in receipt of income support by virtue of paragraph 7 of Schedule 1 as then in force; or

(b) on or after that date makes a claim for income support and at a time during the period of 18 months immediately preceding the date of that claim was in receipt of income support either by virtue of that paragraph or regulation 13(2)(b),

but this paragraph shall not apply where for a continuous period of 18 months or more the person has not been in receipt of income support.

Section 12 Deaf students

A person who is a student in respect of whom—

(a) a supplementary requirement has been determined under paragraph 10 of Schedule 2 to the Education (Mandatory Awards) Regulations 1995 ; or

(b) an allowance or, as the case may be, bursary has been granted which includes a sum under paragraph (1)(d) of regulation 6 of the Students’ Allowances (Scotland) Regulations 1991 or, as the case may be, the Education Authority Bursaries (Scotland) Regulations 1995 in respect of expenses incurred; or

(c) a payment has been made under section 2 of the Education Act 1962 ; or

(d) a supplementary requirement has been determined under paragraph 10 of Schedule 7 to the Students Awards Regulations (Northern Ireland) 1995 or a payment has been made under article 50(3) of the Education and Libraries (Northern Ireland) Order 1986 ,

on account of his disability by reason of deafness.

Section 13 Blind persons

A person who is registered as blind in a register compiled by a local authority under section 29 of the National Assistance Act 1948 (welfare services) or, in Scotland, has been certified as blind and in consequence he is registered as blind in a register maintained by or on behalf of a regional or islands council, but a person who has ceased to be registered as blind on regaining his eyesight shall nevertheless be treated as so registered for a period of 28 weeks following the date on which he ceased to be so registered.

Section 14 Pregnancy

A woman who—

(a) is incapable of work by reason of pregnancy; or

(b) is or has been pregnant but only for the period commencing 11 weeks before her expected week of confinement and ending seven weeks after the date on which her pregnancy ends.

Section 15 Persons in education

A person to whom any provision of regulation 13(2)(a) to (e) (persons receiving relevant education who are parents, severely handicapped persons, orphans and persons estranged from their parents or guardian) applies.

Section 16 Certain persons aged 50 who have not been in remunerative work for 10 years

(1) Subject to sub-paragraph (2), a person who on 6th October 1996 or at any time during the eight weeks immediately preceding that date satisfied the conditions of paragraph 13 of Schedule 1 as in force on that date (persons aged not less than 50 who had not been in remunerative work during the previous 10 years).

(2) If a person to whom sub-paragraph (1) applies ceases to be entitled to income support, and subsequently makes a further claim for income support, this paragraph shall continue to apply to him only if—

(a) the further claim for income support is made within 8 weeks of the date he ceased to be so entitled; and

(b) he has not been in remunerative work since he ceased to be so entitled.

Section 17 Persons aged 60 or over

A person aged not less than 60.

Section 18 Refugees

A person who is a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967 and who—

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

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

but only for a period not exceeding nine months.