The Jobseeker’s Allowance (Joint Claims) Regulations 2000

• Citation: S.I. 2000/1978
• Sections: 77

Section 1 Citation, commencement and interpretation

(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 .

Section 2 Amendment of the principal Regulations

(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—

JOINT-CLAIM COUPLES

Prescribed description of a joint-claim couple for the purposes of section 1(4)

(3A)

(1) For the purposes of section 1(4), a joint-claim couple shall include any joint-claim couple within the meaning given in section 1(4) of the Act where at least one member 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—

(a) any claim made by both members of that couple for a jobseeker’s allowance may be treated as a claim for a jobseeker’s allowance made by either member of that couple;

(b) any award of a joint-claim jobseeker’s allowance in respect of that couple may be terminated and may be replaced by a replacement award,

where the conditions specified in paragraph (2) have been complied with.

(2) The conditions specified in this paragraph are that a member of the couple—

(a) provides such evidence as the Secretary of State may require confirming that the couple are responsible for one or more children; and

(b) advises the Secretary of State as to which member of the couple is to be the claimant.

(3) The claim by a member of the couple for a jobseeker’s allowance referred to in paragraph (1)(a) shall be treated as made on the date on which he and his partner were treated as having claimed a jobseeker’s allowance as a joint-claim couple as determined in accordance with regulation 6 of the Claims and Payments Regulations.

(4) In this regulation, “replacement award” shall have the meaning ascribed to it by paragraph 9A of Schedule 1 to the Act.

Entitlement of a new joint-claim couple to a jobseeker’s allowance

(3C)

(1) Paragraph (2) shall apply where a couple become a joint-claim couple because the child, or all the children, for which they were responsible have—

(a) died;

(b) ceased to be a child or children for whom they are responsible; or

(c) reached the age of 16 and are 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—

(a) any claim made by either member of that couple for a jobseeker’s allowance may be treated as a claim made by both members of the couple;

(b) any award of an income-based jobseeker’s allowance, or a replacement award, in respect of either member of that couple may be terminated and may be replaced by a new award in respect of the couple,

where the conditions specified in paragraph (3) have been complied with.

(3) The conditions specified in this paragraph are that the Secretary of State—

(a) has sufficient evidence to decide whether a new award should be made; and

(b) is informed as to which member of the couple is to be the nominated member for the purposes of section 3B.

(4) The claim by both members of the joint-claim couple for a jobseeker’s allowance referred to in paragraph (2)(a) shall be treated as made on the date on which the claim by a member of that couple was treated as made in accordance with regulation 6 of the Claims and Payments Regulations.

(5) For the purposes of paragraphs 6 and 7 of Schedule 2 (housing costs), any award of an income-based jobseeker’s allowance which related to the day before the day on which the relevant event specified in paragraph (1) occurred and any new award referred to in paragraph (2)(b) shall be treated as a continuous award of an income-based jobseeker’s allowance.

(6) In this regulation, “new award” shall have the meaning ascribed to it by paragraph 9C of Schedule 1 to the Act.

Further circumstances in which a joint-claim couple may be entitled to a joint-claim jobseeker’s allowance

(3D)

(1) Subject to paragraph (2), a joint-claim couple are entitled to a joint-claim jobseeker’s allowance where—

(a) the members of that couple claim a jobseeker’s allowance jointly;

(b) one member satisfies the conditions set out in section 1(2)(a) to (c) and (e) to (i); and

(c) the other member—

(i) does not satisfy the conditions set out in section 1(2)(a) to (c);

(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.

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

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

(a) was engaged in remunerative work;

(b) had been summoned to jury service; or

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

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

(3E)

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

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

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

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

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

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

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

(c) who is temporarily absent from Great Britain;

(d) who is a person from abroad as defined for the purposes of regulation 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

(3F) A transitional case couple shall be entitled to a joint-claim jobseeker’s allowance without having made a claim for it jointly for the period beginning on the day on which section 59 of, and Schedule 7 to, the Welfare Reform and Pensions Act 1999 comes into force and ending on the day on which the member of the transitional case couple who was not entitled to an income-based jobseeker’s allowance on the coming into force of that Schedule is required to attend at a place specified by an employment officer in a notification given or sent to that member.

Supply of information

(3G) Where a claim for a jobseeker’s allowance has been made jointly by a joint-claim couple, information relating to that claim may be supplied by the Secretary of State to either or both members of that couple for any purpose connected with that claim.

(3) After Part IX there shall be inserted the following Part—

HARDSHIP FOR JOINT-CLAIM COUPLES

Meaning of “couple in hardship”

(146A)

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

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

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

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

(i) where the couple have an award, a joint-claim jobseeker’s allowance is not payable either because it is suspended or because section 20A (denial or reduction of joint-claim jobseeker’s allowance) applies in the couple’s case; 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—

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

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

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

(i) is in receipt of an attendance allowance or the care component of disability living allowance at one of the two higher rates prescribed under section 72(4) of the Benefits Act; or

(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

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

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

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

(i) who, pursuant to the Children Act 1989 , was being looked after by a local authority;

(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

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

(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.

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

(4) Paragraph (1)(e) shall not apply in a case where the person being cared for resides in a residential care or nursing home.

(5) In paragraph (2), a “couple in hardship” does not include a joint-claim couple where section 20A(2)(b) or (c) applies to either or both members by virtue of any act or omission relating to a New Deal option.

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

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

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

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

Period when a joint-claim couple is not in hardship

(146B)

(1) A joint-claim couple which is not a couple in hardship by virtue of regulation 146A(5) shall not be a couple in hardship throughout the period beginning on the day on which a New Deal decision has effect by virtue of regulation 69 or, as the case may be, by virture of regulation 7(8) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 in relation to either or both members of that couple and ending—

(a) on the last day on which a member is required to participate in a New Deal option; or

(b) on the day which is 14 days after the day on which the New Deal decision had effect,

whichever is the later.

(2) Where a joint-claim couple who are not a couple in hardship by virtue of regulation 146A(5) was a couple in hardship for the purposes of regulation 146D immediately before the commencement of the period referred to in paragraph (1), that couple shall, subject to paragraph (3), again become a couple in hardship for the purposes of regulation 146D on the day following the expiration of that period.

(3) A joint-claim couple to whom paragraph (2) applies shall not again become a couple in hardship for the purposes of regulation 146D if—

(a) the day following the day the period referred to in paragraph (1) expires is a day within a period in respect of which a subsequent New Deal decision applies by virtue of paragraph (1); or

(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.

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

(146C)

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

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

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

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

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

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

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

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

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

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

(6) A joint-claim jobseeker’s allowance shall be payable to a couple in hardship even though 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—

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

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

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

(146D)

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

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

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

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

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

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

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

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

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

(5) A joint-claim jobseeker’s allowance shall be payable to a couple in hardship even though section 20A(5)(a) (denial of joint-claim jobseeker’s allowance) prevents payment of a joint-claim jobseeker’s allowance to them or section 20A(5)(b) (reduction of joint-claim jobseeker’s allowance) reduces the amount of a joint-claim jobseeker’s allowance payable to them but the allowance—

(a) shall not be payable under this paragraph in respect of the first 14 days of the period to which section 20A applies; and

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

Conditions for hardship payments to a joint-claim couple

(146E)

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

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

(b) signed the statement.

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

Provision of information

(146F) For the purposes of section 20B(5) and paragraph 10(3) of Schedule 1 to the Act, a member of a joint-claim couple shall provide to the Secretary of State information as to the circumstances of the alleged hardship of that couple.

Applicable amount in hardship cases for joint-claim couples

(146G)

(1) The weekly applicable amount of the joint-claim couple to whom a joint-claim jobseeker’s allowance is payable in accordance with this Part of these Regulations shall be reduced by a sum equivalent to 40% or, in a case where a member of a joint-claim couple is either pregnant or seriously ill or where a member of the joint-claim couple is a member of a polygamous marriage and one of the members of that marriage is pregnant or seriously ill, 20% of the following amount—

(a) where one member of the joint-claim couple or the polygamous marriage 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 to whom section 3A(1)(e)(ii) applies or is not subject to a direction under section 16, the amount specified in paragraph 1(1)(d) of Schedule 1;

(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.

Payments made on account of suspended benefit

(146H)

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

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

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

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

(a) this regulation applies; and

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

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

(4) Before Schedule 1, there shall be inserted the Schedule at Schedule 1 to these Regulations.

(5) The principal Regulations shall be further amended in accordance with Schedule 2 to these Regulations.

Section 1 Interpretation

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

Section 2 Member studying full-time

A member who, at the date of claim—

(a) is aged 16 or over but under 19 and is receiving full-time education for the purposes of section 142 of the Benefits Act;

(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—

(a) within one month of the last day of a previous course of study; or

(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.

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

Section 3 Member caring for another person

A member (the carer)—

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

(i) the person being cared for is in receipt of attendance allowance 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; or

(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 (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.

Section 4 Member caring for another person

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.

Section 5 Member caring for another person

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

Section 6 Member incapable of work

A member who—

(a) is incapable of work in accordance with the provisions of Part XIIA of the 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 7 Members in employment living in residential care homes, nursing homes or residential accommodation

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

Section 8 Disabled workers

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

Section 9 Disabled students

A member who is a student and—

(a) if he were a single claimant, his applicable amount would have included the disability premium or severe disabilty premium; or

(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.

Section 10 Deaf students

A member who is a student in respect of whom—

(a) a supplementary requirement has been determined under paragraph 9 of Schedule 2 to the Education (Mandatory Awards) Regulations 1999 ; or

(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 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 grant has been made under regulation 13 of the Education (Student Support) Regulations 2000 or under regulation 13 of the Education (Student Support) Regulations 2000 (Northern Ireland) ; or

(e) a supplementary requirement has been determined under paragraph 9 of Schedule 6 to the Students Awards Regulations (Northen Ireland) 1999 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 11 Blind members

A member 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 12 Pregnancy

A member who is a woman and who is incapable of work by reason of pregnancy.

Section 13 Members aged 60 or over

A member aged not less than 60.

Section 14 Refugees

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

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

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

but only for a period not exceeding nine months.

Section 15 Members required to attend court

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

Section 16 Young persons in training

A member who is engaged in training and for this purpose “training” means training for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible provided in England and Wales, directly or indirectly by a Training and Enterprise Council pursuant to its arrangement with the Secretary of State (whether that arrangement is known as an Operating Agreement or by any other name) and, in Scotland, directly or indirectly by a Local Enterprise Company pursuant to its arrangements with, as the case may be, Scottish Enterprise or Highlands and Islands Enterprise (whether that arrangement is known as an Operating Contract or by any other name).

Section 17 Trade disputes

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

Section 1

In regulation 1(3) (interpretation), at the end of the definition of “partner”, there shall be added the words—

but in so far as this definition applies to a member of a joint-claim couple, it shall only apply to such a member specified in regulation 3E(2)

Section 2

After regulation 23 (attendance) there shall be inserted the following regulation—

Attendance by members of a joint-claim couple

(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.

Section 3

In regulation 24 (provision of information and evidence)—

(a) after paragraph (1) there shall be inserted the following paragraph—

(1A) A member of a joint-claim couple shall provide such information as to the circumstances of each or either member of a couple, the availability for employment of each or either member of the couple and the extent to which each or either member of the couple is actively seeking employment as may be required by the Secretary of State in order to determine the entitlement of the couple to a jobseeker’s allowance, whether that allowance is payable to the couple and, if so, in what amount.

(b) at the end of paragraph (3) there shall be inserted the words “, and in this paragraph “couple” does not include a joint-claim couple”;

(c) after paragraph (3) there shall be inserted the following paragraph—

(3A) Where entitlement to a joint-claim jobseeker’s allowance or whether that allowance is payable and, if so, in what amount, is or may be affected by the circumstances of any member of a polygamous marriage, the Secretary of State may require either member of the joint-claim couple to certify in writing that any member of the polygamous marriage confirms the information given about that member’s circumstances.

(d) after paragraph (5) there shall be inserted the following paragraph—

(5A) A member of a joint-claim couple shall furnish such certificates, documents and other evidence affecting the continuing entitlement of the couple to a jobseeker’s allowance, whether that allowance is payable to the couple and, if so, in what amount as the Secretary of State may require.

(e) in paragraph (7)(a), after the words “a jobseeker’s allowance” there shall be inserted the words “or, in the case of a joint-claim couple, the entitlement of the couple to a joint-claim jobseeker’s allowance”;

(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”.

Section 4

In regulation 25(1) (entitlement ceasing on a failure to comply)—

(a) in sub-paragraph (a) for the words “the claimant” there shall be substituted the words “a claimant”;

(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”.

Section 5

In regulation 26 (time at which entitlement is to cease)—

(a) in paragraph (a) for the words “the claimant” there shall be substituted the words “that claimant”;

(b) after the words “regulation 23” there shall be inserted the words “or 23A”.

Section 6

In regulation 27(1) (where entitlement is not to cease)—

(a) for the words “the claimant” there shall be substituted the words “a claimant”;

(b) after the words “regulation 23” there shall be inserted the words “or 23A”.

Section 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”.

Section 8

In regulation 30 (circumstances in which a claimant is to be regarded as having 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”.

Section 9

At the end of regulation 34 (jobseeker’s agreement treated as having been made), there shall be added the following paragraph—

(f) if he is temporarily absent from Great Britain in the circumstances prescribed in regulation 50(6B)(a) or (c), for the period of any such temporary absence.

Section 10

In regulation 46(1) (waiting days)—

(a) at the end of sub-paragraph (b) there shall be inserted “; or”;

(b) after sub-paragraph (b) there shall be aded the following sub-paragraphs—

(c) a joint-claim couple are entitled to a joint-claim jobseeker’s allowance in respect of themselves and that paragraph of that Schedule has already applied to one member of that couple in respect of a jobseeking period which is linked to a jobseeking period relating to that member which has commenced by virtue of his having claimed a jobseeker’s allowance as a member of that couple;

(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.

Section 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)”.

Section 12

In regulation 49 (persons approaching retirement and the jobseeking period)—

(a) at the beginning of paragraph (1) there shall be inserted the words “Subject to paragraph (5),”;

(b) after paragraph (4) there shall be added the following paragraph—

(5) This regulation shall not apply in respect of any days in respect of which a joint-claim jobseeker’s allowance has been claimed.

Section 13

In regulation 50 (persons temporarily absent from Great Britain), after paragraph (6) there shall be inserted the following paragraphs—

(6A) A member of a joint-claim couple shall be treated, for the purposes of the Act, as being in Great Britain where he is a member of a transitional case couple as defined for the purposes of paragraph 8A(2) of Schedule 1 to the Act and, as at the date on which Schedule 7 to the Welfare Reform and Pensions Act 1999 comes into force—

(a) he is temporarily absent from Great Britain; or

(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.

(6B) A member of a joint-claim couple shall be treated, for the purposes of the Act, as being in Great Britain during any period of temporary absence from Great Britain—

(a) not exceeding 4 weeks where he is in Northern Ireland and the period of absence is unlikely to exceed 52 weeks;

(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.

Section 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”.

Section 15

In regulation 52 (persons treated as engaged in remunerative work)—

(a) in paragraph (2), after the words “income-based jobseeker’s allowance” in the first place where they occur there shall be inserted the words “but not a joint-claim jobseeker’s allowance”;

(b) after paragraph (2) there shall be inserted the following paragraph—

(2A) For the purposes of a joint-claim jobseeker’s allowance, a member of a joint-claim couple shall be treated as engaged in remunerative work where—

(a) he is or was involved in a trade dispute;

(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.

Section 16

After regulation 53(g) (persons treated as not engaged in remunerative work), there shall be inserted the following paragraph—

(gg) he is—

(i) a member of a joint-claim couple; and

(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;

Section 17

In paragraph (1) of regulation 55 (short periods of sickness), after the words “section 19(5) or (6)” there shall be inserted the words “or 20A(2)”.

Section 18

For regulation 58 (young persons to whom section 3(1)(f)(iii) or 3A(1)(e)(ii) applies), there shall be substituted the following regulation—

Young persons to whom section 3(1)(f)(iii) or 3A(1)(e)(ii) applies

(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).

Section 19

In regulation 61 (other young persons in prescribed circumstances)—

(a) in paragraph (1)(d) and (e), after the words “section 3(1)(f)(ii)” there shall be inserted the words “or section 3A(1)(e)(i)”;

(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”.

Section 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)”.

Section 21

In regulation 63 (reduced payments under section 17)—

(a) in paragraph (1)—

(i) in sub-paragraph (b)—

(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)”.

Section 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”.

Section 23

In regulation 67 (sanctions)—

(a) in paragraph (1) —

(i) after the words “section 19(5)(b)”, in each place where they occur, there shall be inserted the words “or section 20A(2)(b)”;

(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)—

(i) after the words “section 19(6)(c) or (d)”, in each place where they occur, there shall be inserted the words “or section 20A(2)(f) or (g)”;

(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)—

(i) after the words “section 19(5)(b)(iii)” there shall be inserted the words “or section 20A(2)(b)(iii)”;

(ii) after the words “section 19(5)(c)” there shall be inserted the words “or section 20A(2)(c)”.

Section 24

In regulation 68(1) and (2) (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)”.

Section 25

In regulation 69 (prescribed period for the purposes of sections 19(2) and 20A(3))—

(a) in paragraph (1)—

(i) for the words “section 19(2)” there shall be substituted the words “sections 19(2) and 20A(3)”;

(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)”;

(c) in paragraph (3) after the words “section 19” there shall be inserted the words “or section 20A”;

(d) in paragraph (4)(c) after the words “section 19(5) or (6)” there shall be inserted the words “or section 20A(2)”.

Section 26

In regulation 70 (sanctions of discretionary length)—

(a) after the words “section 19(3)” there shall be inserted the words “or section 20A(4)”;

(b) after the words “section 19(6)(a)” there shall be inserted the words “or section 20A(2)(d)”.

Section 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))—

(a) at the end of paragraph (1) there shall be inserted the words “and section 20A (denial or reduction of joint-claim jobseeker’s allowance)”;

(b) in paragraphs (2) , (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)”.

Section 28

In regulation 73 (good cause for the purposes of section 19(5)(b) and section 20A(2)(b))—

(a) at the end of paragraph (1) there shall be inserted the words “and section 20A (denial or reduction of joint-claim jobseeker’s allowance)”;

(b) in paragraphs (2), (2A) and (2B) 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)”.

Section 29

In regulation 74 (person of prescribed description for the purposes of section 20(3) and 20B(3))—

(a) in paragraph (1)—

(i) after the words “section 20(3)” there shall be inserted the words “and section 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)”.

Section 30

In regulation 74A (person in receipt of a training allowance)—

(a) in paragraph (1) after the words “a claimant” there shall be inserted the words “other than a member of a joint-claim couple”;

(b) after paragraph (2) there shall be inserted the following paragraphs—

(3) A joint-claim jobseeker’s allowance shall be payable in respect of a joint-claim couple even though section 20A prevents payment of a joint-claim jobseeker’s allowance to the couple where a member of that couple to whom that section applies is in receipt of a training allowance and is not receiving training falling within paragraph (2) of regulation 170 but the jobseeker’s allowance shall be payable only if and for so long as that member satisfies the conditions of entitlement to a joint-claim jobseeker’s allowance other than those which he is not required to meet by virtue of regulation 170.

(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.

Section 31

After regulation 74A there shall be inserted the following regulation—

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

(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—

(a) in any case in which the member of the couple who is not subject to sanctions satisfies the conditions set out in section 2, a rate equal to the amount calculated in accordance with section 4(1);

(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.