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The Jobseeker’s Allowance Regulations 1996

Type Statutory-Instrument

Publication 1996-02-01

Last updated 2026-04-06

State In force

Department King's Printer of Acts of Parliament

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

(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(a) the presence in the claimant’s family of a person who satisfies the requirements for a disability premium specified in paragraphs 13 and 14 of Schedule 1 or for a disabled child premium specified in paragraph 16 of that Schedule an element of child tax credit in respect of a child or young person who is disabled or severely disabled within the meaning of regulation 8 of the Child Tax Credit Regulations 2002;

(b) the resources which, without a jobseeker’s allowance, are likely to be available to the claimant’s family, the amount by which these resources fall short of the amount applicable in his case in accordance with regulation 145 (applicable amount in hardship cases), the amount of any resources which may be available to members of the claimant’s family from any person in the claimant’s household who is not a member of his 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 claimant or to a member of the claimant’s family, or will be available at considerably reduced levels and the length of time those factors are likely to persist.

(6) In paragraph (5)(b), “resources” does not include any sum, where applicable, specified in paragraph 6B(1) and (2) of Schedule 7 (sums to be disregarded in the calculation of income other than earnings - child tax credit and child benefit).

Circumstances in which an income-based jobseeker’s allowance is payable to a person in hardship

141

(1) This regulation applies to persons in hardship within the meaning of regulation 140(1), and is subject to the provisions of regulations 143 and 144.

(2) Subject to paragraph (3) a person in hardship, other than a person to whom regulation 46(1) (waiting days) applies, shall be treated as entitled to an income-based jobseeker’s allowance for the period beginning with the 8th day of the jobseeking period or, if later, from the day he first becomes a person in hardship and ending on the day before the claim is determined where the sole reason for the delay in determining the claim is that a question arises as to whether the claimant satisfies any of the conditions of entitlement specified in section 1(2)(a) to (c) provided he satisfies the conditions of entitlement specified in paragraph (b) of subsection (2A) of section 1.

(3) A person in hardship to whom paragraph (2) applies may be treated as entitled to an income-based jobseeker’s allowance for a period after the date ... referred to in that paragraph which is applicable in his case but before the date the statement mentioned in regulation 143(1) is furnished where the Secretary of State is satisfied that the claimant suffered hardship because of a lack of resources during that period.

(4) A person in hardship, except where the person has been treated as not available for employment in accordance with regulations under section 6(4) of the Act shall, subject to the conditions specified in regulation 143 (conditions for hardship payments), be entitled to an income-based jobseeker’s allowance without satisfying the requirements of section 1(2)(a) to (c) of the Act provided he satisfies the other conditions of entitlement to that benefit.

(5) An income-based jobseeker’s allowance shall be payable to a person in hardship even though payment to him of a jobseeker’s allowance has been suspended in accordance with regulation 16 of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 on the ground that a doubt has arisen as to whether he satisfies the requirements of section 1(2)(a) to (c), but the allowance shall be payable only if and for so long as the claimant satisfies the other conditions of entitlement to an income based jobseeker’s allowance.

(6) An income-based jobseeker’s allowance shall be payable to a person in hardship even though his award of jobseeker’s allowance has been reduced in accordance with section 19 or 19A or regulation 69B but the allowance shall be payable only if and for so long as he satisfies the conditions of entitlement to an income-based jobseeker’s allowance.

Further circumstances in which an income-based jobseeker’s allowance is payable to a person in hardship

142

(1) This regulation applies to a person in hardship who falls within paragraph (2) but not paragraph (1) of regulation 140 and is subject to the provisions of regulations 143 and 144.

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

(a) in a case where regulation 46(1) applies, the 15th day of the jobseeking period; or

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

and ending on the day before the claim is determined where the sole reason for the delay in determining the claim is that a question arises as to whether the claimant satisfies any of the conditions of entitlement specified in section 1(2)(a) to (c) provided he satisfies the conditions of entitlement specified in paragraph (d)(ii) of subsection (2) of section 1.

(3) An income-based jobseeker’s allowance shall be payable subject to paragraph (4) to a person in hardship even though payment to him of a jobseeker’s allowance has been suspended in accordance with regulations made by virtue of section 21 of the Social Security Act 1998 (suspension of benefit) on the ground that a doubt has arisen as to whether he satisfies the requirements of section 1(2)(a) to (c) but the allowance shall be payable only if and for so long as the claimant satisfies the other conditions of entitlement to an income-based jobseeker’s allowance.

(4) An income-based jobseeker’s allowance shall not be payable in respect of the first 14 days of the period of suspension.

(5) An income-based jobseeker’s allowance shall be payable to a person in hardship even though his award of jobseeker’s allowance has been reduced in accordance with section 19 or 19A or regulation 69B, but the allowance—

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

(b) shall be payable thereafter only where the conditions of entitlement to an income-based jobseeker’s allowance are satisfied.

Conditions for hardship payments

143

(1) A jobseeker’s allowance shall not be payable in accordance with regulation 141 or, as the case may be, 142, except where the claimant 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 141 or as the case may be regulation 142; and

(b) signed the statement.

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

Provision of information

144

For the purposes of section 20(5) of and paragraph 10(3) of Schedule 1 to the Act, a claimant shall provide to the Secretary of State information as to the circumstances of the person alleged to be in hardship.

Applicable amount in hardship cases

145

(1) The weekly applicable amount of a person to whom an income-based 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 the claimant or any other member of his family is either pregnant or is seriously ill, 20% of the following amount—

(a) 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 1 (applicable amounts);

(b) where he is a single claimant aged not less than 18 but less than 25 or a member of a couple or 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 is not eligible for an income-based jobseeker’s allowance under section 3(1)(f)(iii) or is not subject to a direction under section 16, the amount specified in paragraph 1(1)(d) of Schedule 1;

(c) 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 polygamous marriage to whom sub-paragraph (b) applies) at least one of whom is aged not less than 18, the amount specified in paragraph 1(1)(e) of Schedule 1.

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

(3) A reduction under paragraph (1) or (2) 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

146

(1) This regulation applies to a person to whom–

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

(b) an income-based jobseeker’s allowance is paid under regulation 141 or 142.

(2) In the case of a person 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 141(5) or 142(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.

PART X — URGENT CASES

Urgent cases

147

(1) In a case to which this regulation applies, a claimant’s weekly applicable amount and his income and capital shall be calculated for the purposes of an income-based jobseeker’s allowance in accordance with the following provisions of this Part.

(2) This regulation applies in accordance with the following provisions to–

(a) a claimant to whom paragraph (2A) applies (persons not excluded from income-based jobseeker’s allowance under section 115 of the Immigration and Asylum Act);

(b) a claimant to whom paragraph (6) (certain persons whose income is not readily available to them) applies.

(2A) This paragraph applies to a person not excluded from entitlement to income-based jobseeker’s allowance under section 115 of the Immigration and Asylum Act by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 except for a person to whom paragraphs 3 and 4 of Part I to the Schedule to those Regulations applies.

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

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(6) This paragraph shall only apply to a person who is treated as possessing income by virtue of regulation 105(6) and (7) (notional income) where the income he is treated as possessing is not readily available to him; and—

(a) the amount of jobseeker’s allowance payable to him otherwise than under this Part is less than the amount of a jobseeker’s allowance payable to him under this Part; and

(b) the Secretary of State is satisfied that, unless the provisions of this Part are applied to the claimant, the claimant or his family will suffer hardship.

Applicable amount in urgent cases

148

(1) For the purposes of calculating any entitlement to an income-based jobseeker’s allowance but not a joint-claim jobseeker’s allowance under this Part—

(a) except in a case to which sub-paragraph ... (c) or (d) applies, a claimant’s weekly applicable amount shall be the aggregate of—

(i) 90 per cent. of the amount applicable (reduced where appropriate in accordance with regulation 145 (applicable amount in hardship cases)) in respect of himself or, if he is a member of a couple or of a polygamous marriage, of the amount applicable in respect of both of them under paragraph 1(1), (2) or (3) of Schedule 1 or, as the case may be, the amount applicable in respect of them under regulation 84 (polygamous marriages);

(ii) the amount applicable under paragraph 2 of Schedule 1 in respect of any child or young person who is a member of his family except a child or young person whose capital, if calculated in accordance with Part VIII in like manner as for the claimant, except as provided in regulation 106(1) (modifications in respect of children and young persons), would exceed £3,000;

(iii) the amount, if applicable, specified in Part II or III of Schedule 1 (premiums);

(iv) any amounts applicable under regulation 83(f) or, as the case may be, 84(1)(g) (housing costs);

(v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vi) the amount of any protected sum which may be applicable to him in accordance with regulation 87(2);

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

(d) except where sub-paragraph ...(c) applies, in the case of a person to whom any paragraph, other than paragraph 13A in column (1) of Schedule 5 (special cases) applies, the amount shall be 90 per cent. of the amount applicable in column 2 of that Schedule in respect of the claimant and partner (if any), plus, if applicable—

(i) any amount in respect of a child or young person who is a member of the family except a child or young person whose capital, if calculated in accordance with Part VIII in like manner as for the claimant, except as provided in regulation 106(1) (modifications in respect of children and young persons), would exceed £3,000;

(ii) any premium under Part II or III of Schedule 1; and

(iii) any amounts applicable under regulation 83(f) or, as the case may be, 84(1)(g); and

(iv) the amount of the protected sum which may be applicable to him in accordance with regulation 87(2).

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

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

Assessment of income and capital in urgent cases

149

(1) The claimant’s income shall be calculated in accordance with Part VIII subject to the following modifications—

(a) any income other than—

(i) a payment of income or income in kind made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Fund, the Eileen Trust or the Independent Living Fund (2006); or

(ii) income to which paragraph 5, 7 (but only to the extent that a concessionary payment would be due under that paragraph for any non-payment of income support or of employment and support allowance under regulation 164 of the Employment and Support Allowance Regulations under regulation 70 of these Regulations or of jobseeker’s allowance under regulation 147 of the Jobseeker’s Allowance Regulations 1996 (urgent cases)), 31, 39(2), (3) or (4), 40, 42, 52 or 57 of Schedule 9 (disregard of income other than earnings) applies,

possessed or treated as possessed by him, shall be taken into account in full notwithstanding any provision in that Part disregarding the whole or any part of that income;

(b) any income to which regulation 116 (calculation of tariff income from capital) applies shall be disregarded;

(c) income treated as capital by virtue of regulation 110(1),(2),(3) and (9) (income treated as capital) shall be taken into account as income;

(d) in a case to which paragraph (2)(b) of regulation 147 (urgent cases) applies, any income to which regulation 105(6) and (7) (notional income) applies shall be disregarded.

(2) The claimant’s capital calculated in accordance with Part VIII, but including any capital referred to in paragraphs 3 and, to the extent that such assets as are referred to in paragraph 11 consist of liquid assets, 11 and, except to the extent that the arrears referred to in paragraph 12 consist of arrears of housing benefit payable under Part VII of the Benefits Act ... or any arrears of benefit due under regulation 147 of these Regulations or regulation 70 of the Income Support Regulations (urgent cases), 12, 14(b), 24 and 32 of Schedule 8 (capital to be disregarded) shall be taken into account in full and the amount of a jobseeker’s allowance which would, but for this paragraph be payable under this regulation, shall be payable only to the extent that it exceeds the amount of that capital.

PART XI — PART-WEEKS

Amount of a jobseeker’s allowance payable

150

(1) Subject to the following provisions of this Part, the amount payable by way of an income-based jobseeker’s allowance in respect of part-week shall be calculated by applying the formula—

(a) where the claimant has no income–

$N×A7$

; or

(b) where the claimant has an income–

$$(N×(A-I)7)-B,$where—A is the claimant’s weekly applicable amount in the relevant week;B is the amount of any jobseeker’s allowance, income support, maternity allowance, incapacity benefit, severe disablement allowance or employment and support allowance payable to any member of the claimant’s family other than the claimant in respect of any day in the part-week;I is the claimant’s weekly income in the relevant week less B;N is the number of days in the part-week.$

(1A) In relation to a joint-claim couple jointly claiming a joint-claim jobseeker’s allowance, paragraph (1) shall have effect as if the references to the claimant were references to the joint-claim couple.

(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).

(2) Subject to the following provisions of this Part, the amount payable by way of a contribution-based jobseeker’s allowance in respect of a part-week shall be calculated by applying the formula—

$$(N×Y7)-Y$where—X is the personal rate determined in accordance with section 4(1);Y is the amount of any widow’s benefit, carer’s allowance, carer support payment, training allowance and any increase in disablement pension payable in accordance with Part I of Schedule 7 to the Benefits Act (Unemployment Supplement) payable in respect of any day in the part-week;N is the number of days in the part-week.$

(3) In this Part–

“part-week" means an entitlement to a jobseeker’s allowance in respect of any period of less than a week;

“relevant week" means the period of 7 days determined in accordance with regulation 152.

Amount of a jobseeker’s allowance payable where a person is in a residential care or nursing home

151

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

Relevant week

152

(1) Where the part-week–

(a) is the whole period for which a jobseeker’s allowance is payable or occurs at the beginning of an award, the relevant week is the period of 7 days ending on the last day of that part-week; or

(b) occurs at the end of an award, the relevant week is the period of 7 days beginning on the first day of the part week; or

(c) occurs because a jobseeker’s allowance is reduced for any period in accordance with regulations 69, 69A or 69B, the relevant week is the 7 days ending immediately before the start of the next benefit week to commence for that claimant or the joint-claim couple.

(2) Except in a case to which paragraph (3) applies, where a person has an award of a jobseeker’s allowance and his benefit week changes, for the purpose of calculating the amounts of a jobseeker’s allowance payable for the part-week beginning on the day after his last complete benefit week before the change and ending immediately before the change, the relevant week is the period of 7 days beginning on the day after the last complete benefit week.

(3) Where a joint-claim couple have an award of a joint-claim jobseeker’s allowance and their benefit week changes, for the purpose of calculating the amounts of a joint-claim jobseeker’s allowance payable for the part-week beginning on the day after their last complete benefit week before the change and ending immediately before the change, the relevant week is the period of 7 days beginning on the day after the last complete benefit week.

Modification in the Calculation of Income

153

For the purposes of regulation 150 (amount of jobseeker’s allowance payable for part-weeks) a claimant’s income and, in determining the amount payable by way of an income-based jobseeker’s allowance, the income of any person which the claimant is treated as possessing under section 12(4) , regulation 88(4) or 88ZA(3), shall be calculated in accordance with Parts VIII, and, where applicable, IX and X subject to the following changes—

(a) any income which is due to be paid in the relevant week shall be treated as paid on the first day of that week;

(b) in determining the amount payable by way of an income-based jobseeker’s allowance, any jobseeker’s allowance, income support, maternity allowance, incapacity benefit or severe disablement allowance under the Benefits Act , universal credit or employment and support allowance payable in the relevant week but not in respect of any day in the part-week shall be disregarded;

(c) in determining the amount payable by way of a contribution-based jobseeker’s allowance, any widow’s benefit, carer’s allowance, carer support payment, training allowance or any increase in disablement pension payable in accordance with Part I of Schedule 7 to the Benefits Act (Unemployment Supplement) which is payable in the relevant week but not in respect of any day in the part-week shall be disregarded;

(d) where the part-week occurs at the end of the claim, any income or any change in the amount of income of the same kind which is first payable within the relevant week but not on any day in the part-week shall be disregarded;

(e) where the part-week occurs immediately after a period in which a person was treated as engaged in remunerative work under regulation 52 (persons treated as engaged in remunerative work) any earnings which are taken into account for the purposes of determining that period shall be disregarded;

(f) where only part of the weekly amount of income is taken into account in the relevant week, the balance shall be disregarded.

Reduction in certain cases

154

The reduction to be made in accordance with Part IX (Hardship) in respect of an income based jobseeker’s allowance shall be an amount equal to one seventh of the reduction which would be made under that Part for a week multiplied by the number of days in the part-week.

Modification of section 15(2) of the Act

155

(1) In its application to an income-based jobseeker’s allowance but not a joint-claim jobseeker’s allowance payable for a part-week, section 15(2)(d) shall have effect subject to the following modification—

Interpretation

156

In this Chapter—

“fishing boat" means a fishing vessel as defined by section 313 of the Merchant Shipping Act 1995 ;

“share fisherman" means any person who–is ordinarily employed in the fishing industry otherwise than under a contract of service, as a master or member of the crew of any fishing boat manned by more than one person, and is remunerated in respect of that employment in whole or in part by a share of the profits or gross earnings of the fishing boat; orhas ordinarily been so employed, but who by reason of age or infirmity permanently ceases to be so employed and becomes ordinarily engaged in employment ashore in Great Britain, otherwise than under a contract of service, making or mending any gear appurtenant to a fishing boat or performing other services ancillary to or in connection with that boat and is remunerated in respect of that employment in whole or in part by a share of the profits or gross earnings of that boat and has not ceased to be ordinarily engaged in such employment;and other expressions used in this Chapter, unless the context otherwise requires, have the same meanings as in the Social Security (Mariners’ Benefits) Regulations 1975 .

157

The Act and the foregoing provisions of these Regulations shall have effect in relation to share fishermen subject to the provisions of this Chapter.

Modifications of section 2

158

(1) Section 2 (the contribution-based conditions) shall apply to share fishermen with the modifications set out in the following provisions of this regulation.

(2) After the words “Class 1 contributions" in each place where they appear there shall be inserted the words “ or special Class 2 contributions ”.

(3) In subsection (4) after the definition of “the relevant benefit year" there shall be inserted the following definition—

“special Class 2 contributions" means any Class 2 contributions paid by a share fisherman at the rate applicable to share fishermen in accordance with regulation 125(c) of the Social Security (Contributions) Regulations 2001.

Modifications of sections 19 and 20

159

For the purposes of sections 19 and 20 (circumstances in which a jobseeker’s allowance is not payable) employment as a share fisherman shall be treated as employment as an employed earner.

Modification of section 35

160

The definition of “trade dispute" in section 35(1) (interpretation) shall apply to share fishermen with the effect that the owner (or managing owner if there is more than one owner) of a fishing boat shall be treated as the employer of any share fisherman (other than himself) ordinarily employed as master or member of the crew of, or making or mending any gear appurtenant to, or performing other services ancillary to or in connection with, that fishing boat, and any such share fisherman shall be treated as his employee.

Additional conditions for payment of a jobseeker’s allowance

161

(1) It shall be an additional condition with respect to the payment of a jobseeker’s allowance to a share fisherman in respect of any benefit week, that in respect of any period in that benefit week when he has not worked as a share fisherman, he proves that he has not neglected to avail himself of a reasonable opportunity of employment as a share fisherman.

(2) The following provisions shall apply for the purposes of the application of paragraph (1)—

(a) work as a share fisherman within the meaning of paragraph (1) shall include any of the work specified in sub-paragraph (b) which at the time of its performance is necessary for the safety or reasonable efficiency of the fishing boat, or is likely to become so necessary in the near future, and which it is the duty of the share fisherman (whether by agreement, custom, practice or otherwise) to undertake without remuneration other than by way of a share in the profits or gross earnings of the fishing boat, but any other work done to the fishing boat or its nets or gear shall be disregarded; and

(b) the work so included by sub-paragraph (a) is any work done to the fishing boat or its nets or gear by way of repairs (including running repairs) or maintenance, or in connection with the laying up of the boat and its nets and gear at the end of a fishing season or their preparation for a season’s fishing.

(3) It shall be a further additional condition with respect to the payment of a contribution-based jobseeker’s allowance to a share fisherman in respect of any benefit week that, where he is master or a member of the crew of a fishing boat of which either the master or any member of the crew is the owner or part owner, he must also prove that in respect of any period in that benefit week when he was not working as a share fisherman, the fishing boat did not put to sea with a view to fishing for the reason—

(a) that on account of the state of the weather the fishing boat could not reasonably have put to sea with a view to fishing; or

(b) that the fishing boat was undergoing repairs or maintenance, not being repairs or maintenance to which paragraph (2) relates; or

(c) that there was an absence of fish from any waters in which the fishing boat could reasonably be expected to operate; or

(d) that any other a good reason necessitated abstention from fishing.

(4) In this regulation, “benefit week” in relation to a contribution-based jobseeker’s allowance has the meaning it has in regulation 164 (share fisherman: amount payable) and in relation to an income-based jobseeker’s allowance has the meaning it has in regulation 1(3) (interpretation).

Remunerative work

162

In determining the number of hours in which a person is engaged in remunerative work for the purposes of establishing entitlement to a contribution-based jobseeker’s allowance, no account shall be taken of any hours in which a person is engaged in work as a share fisherman.

Calculation of earnings

163

(1) In the calculation of earnings derived from work as a share fisherman for the purposes of establishing entitlement to a contribution-based jobseeker’s allowance, the provisions of Part VIII (income and capital) shall apply subject to the following provisions of this regulation.

(2) Regulation 95 (calculation of earnings of self-employed earners) shall be omitted.

(3) For regulation 101 (calculation of net profit of self-employed earners) there shall be substituted the following regulation—

(101) (1) Earnings derived from employment as a share fisherman within the meaning of regulation 156 (interpretation) shall be calculated in accordance with the following provisions of this regulation. (2) Any such earnings shall be treated as paid in the benefit week in respect of which they are earned. (3) The amount of earnings to be taken into account in respect of any benefit week shall be the claimant’s share of the net profit derived from that work less— (a) an amount in respect of income tax and national insurance contributions under the Benefits Act calculated in accordance with regulation 102 (deduction of tax and contributions for self-employed earners); and (b) one-half of any premium paid in respect of a personal pension scheme. (4) Subject to paragraph (5), there shall be disregarded from a claimant’s weekly net profit— (a) £20; and (b) the amount of any earnings specified in paragraphs 4 and 15 of Schedule 6, if applicable. (5) Where a share fisherman has earnings from work other than work as a share fisherman, and an amount is disregarded from those earnings in accordance with paragraphs 9, 10, or 12 of Schedule 6— (a) if the amount so disregarded is £20, paragraph (4)(a) shall not apply; (b) if the amount so disregarded is less than £20, the amount disregarded under paragraph (4)(a) shall not exceed the difference between the amount disregarded from those other earnings and £20. (6) For the purposes of paragraph (3), the net profit shall be calculated by taking into account the earnings less, subject to paragraphs (7) to (9), any expenses relevant to that benefit week which were wholly, exclusively and necessarily incurred for the purposes of that employment. (7) Subject to paragraph (8), no deduction shall be made under paragraph (6) in respect of— (a) any capital expenditure; (b) the depreciation of any capital asset; (c) any sum employed or intended to be employed in the setting up or expansion of the employment; (d) the repayment of capital on any loan taken out for the purposes of the employment; (e) any expenses incurred in providing business entertainment. (8) A deduction shall be made under paragraph (6) in respect of the repayment of capital on any loan used for— (a) the replacement in the course of business of equipment or machinery; and (b) the repair of an existing business asset except to the extent that any sum is payable under an insurance policy for its repair. (9) The Secretary of State shall refuse to make a deduction under paragraph (6) in respect of any expenses where he is not satisfied that the expense has been incurred or, having regard to the nature of the expense and its amount, that it has been reasonably incurred. (10) For the avoidance of doubt– (a) a deduction shall not be made under paragraph (6) in respect of any sum unless it has been incurred for the purposes of the business; (b) a deduction shall be made in respect of– (i) the excess of any VAT paid over VAT received in the benefit week; (ii) any expense incurred in the repair of an existing asset except to the extent that any sum is payable under an insurance policy for its repair; (iii) any payment of interest on a loan taken out for the purposes of the employment. (11) Notwithstanding the foregoing paragraphs, the Secretary of State may calculate earnings or expenditure over a period other than the benefit week if he considers it is reasonable to do so having regard to all the facts of the case and in particular whether the earnings earned or expenditure incurred in respect of a benefit week are unusually high or low. (12) In this regulation “benefit week" has the same meaning as in regulation 164 (share fishermen: amount payable).

(4) In regulation 102 (deduction of tax and contributions for self-employed earners)—

(a) in paragraphs (1) and (3), for “regulation 101(1)(b)(i)” substitute “regulation 101(3)(a)”;

(b) omit paragraphs (2) and (4);

(ba) in paragraph (3) for “Subject to paragraph (4), the” substitute “The”;

(d) at the end of the regulation add—

(6) For the purposes of paragraphs (1) and (3) the earnings to which the basic rate, or the Scottish basic rate, of tax is to be applied and the amount of personal reliefs deductible, ... and the upper limit of profits and gains referred to in paragraph (3)(b), are to be apportioned pro rata according to the period over which the earnings are assessed in accordance with regulation 101.

Amount payable

164

(1) The amount payable to a share fisherman by way of a contribution-based jobseeker’s allowance shall be calculated in accordance with regulations 79 to 81 (weekly amounts of contribution-based jobseekers allowance, deductions in respect of earnings and payments by way of pensions) and this regulation, and Part XI (part-weeks) shall not apply.

(2) Regulations 79 to 81 shall apply in respect of share fishermen so that the amount payable is calculated by reference to earnings earned and pension payments received in the benefit week.

(3) In this regulation “benefit week" means–

(a) in respect of the week in which the claim is made, the period of 7 days beginning with the date of claim; and

(b) in respect of any subsequent week, the period of 7 days beginning with the day after the last day of the previous benefit week.

Chapter II — Persons Outside Great Britain

165

(1) Regulation 11 of the Social Security Benefit (Persons Abroad) Regulations 1975 (modification of the Act in relation to employment on the Continental Shelf) shall be amended in accordance with the following provisions of this regulation.

(2) After paragraph (1) there shall be inserted the following paragraph–

(1A) Where a claimant would be entitled to a contribution-based jobseeker’s allowance but for section 1(2)(i) of the Jobseekers Act 1995 (conditions of entitlement to a jobseeker’s allowance: requirement to be in Great Britain), he shall be entitled to a contribution-based jobseeker’s allowance notwithstanding his absence from Great Britain if— (a) the absence from Great Britain is due to his being or having been in prescribed employment in a designated area; or (b) subject to paragraph (2B), he is, in connection with prescribed employment– (i) in a prescribed area; or (ii) travelling between one prescribed area and another; or (iii) travelling between a designated area and a prescribed area; or (iv) travelling between Norway or a member State (including the United Kingdom) and a prescribed area.

(3) In paragraph (2B) for the words “Paragraph (2A)" there shall be substituted the words “ Paragraphs (1A) and (2A) ”.

(4) In paragraph (4) after the word “thereunder" there shall be inserted the words “ , and the Jobseekers Act 1995 and regulations made thereunder ”.

166

(1) The Social Security (Mariners’ Benefits) Regulations 1975 shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 2 for the words from “no day" to the end of the regulation there shall be substituted the words “he shall not be regarded as available for employment on any day in that period of leave.”.

(3) After regulation 4 there shall be inserted the following regulation–

(4A) (1) Subject to paragraph (2), where a claimant would be entitled to a contribution-based jobseeker’s allowance but for section 1(2)(i) of the Jobseekers Act 1995 (conditions of entitlement to a jobseeker’s allowance: requirement to be in Great Britain), he shall be entitled to a contribution-based jobseeker’s allowance notwithstanding his absence from Great Britain if— (a) he is or has been employed as a mariner on board any ship or vessel, or is or has been under contract to travel at his employer’s expense for the purpose of commencing such employment, and (b) while so employed or under contract so to travel, he has been left outside Great Britain, and reports to the appropriate superintendent or consular officer or chief officer of customs not later than 14 days after being so left, or, if it is not reasonably practicable for him to report within 14 days, as soon as is reasonably practicable. (2) Paragraph (1) shall cease to apply to a claimant– (a) on his commencing or resuming employment outside Great Britain; or (b) on his being returned to the place to which regulation 6 of the Merchant Shipping (Repatriation) Regulations 1979 (place for return) requires him to be returned; or (c) where he is required to be returned under regulation 6 of the Merchant Shipping (Repatriation) Regulations 1979 but is not so returned, on the first day on which his return could reasonably have been expected.

(4) In regulation 6 for paragraph (1) there shall be substituted the following paragraph—

(1) A mariner or share fisherman employed as such on board any ship or vessel shall be treated as available for and actively seeking employment during any period when he is absent from Great Britain if he would be so available or actively seeking employment but for the fact that he is absent from Great Britain.

Modification of contribution conditions for volunteer development workers

167

Section 2 (the contribution-based conditions) shall apply with the modifications that after the words “Class 1 contributions" in each place where they appear there shall be inserted the words “ or Class 2 contributions under Case G of Part 9 of the Social Security (Contributions) Regulations 2001”.

Chapter III — Members of the Forces

168

(1) Regulation 3 of the Social Security Benefit (Members of the Forces) Regulations 1975 (unemployment benefit) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (1) for the words from “shall be disqualified" to the end of the paragraph there shall be substituted the words “ shall be treated for the purposes of section 19 of the Jobseekers Act 1995 (circumstances in which a jobseeker’s allowance is not payable) as though he has lost his employment through misconduct. ”.

(3) For paragraph (2) there shall be substituted the following paragraph–

(2) Section 19(6)(b) and (d) of the Jobseekers Act 1995 (jobseeker’s allowance not payable where claimant has voluntarily left employment or neglected to avail himself of a reasonable opportunity of employment) shall not apply to a claimant who whilst a serving member of the forces is discharged at his own request.

(4) In paragraph (3) for the words “unemployment benefit" there shall be substituted the words “ a jobseeker’s allowance ”.

PART XIII — MISCELLANEOUS

Recovery of Maintenance

Recovery orders

169

(1) Where an award of income-based jobseeker’s allowance has been made to a person (“the claimant"), the Secretary of State may apply to the court for a recovery order against the claimant’s spouse or civil partner (“the liable person").

(2) On making a recovery order the court may order the liable person to pay such amount at such intervals as it considers appropriate, having regard to all the circumstances of the liable person and in particular his income.

(3) Except in Scotland, a recovery order shall be treated for all purposes as if it were a maintenance order made by the family court .

(4) Where a recovery order requires the liable person to make payments to the Secretary of State, the Secretary of State may, by giving notice in writing to the court which made the order, the liable person, and the claimant, transfer to the claimant the right to receive payments under the order and to exercise the relevant rights in relation to the order.

(5) In this regulation–

the expressions “the court" and “recovery order" have the same meanings as in section 23 of the Act; and

“the relevant rights" means, in relation to a recovery order, the right to bring any proceedings, take any steps or do any other thing under or in relation to the order.

Training Allowance

Persons in receipt of a training allowance

170

(1) A person who is not receiving training falling within paragraph (2) and is not a qualifying young person or child within the meaning of section 142 of the Benefits Act (child and qualifying young person) may be entitled to an income-based jobseeker’s allowance without—

(a) being available for employment;

(b) having entered into a jobseeker’s agreement; or

if he is in receipt of a training allowance ....

(2) Training falls within this paragraph if it is training for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible, secured by the Secretary of State... or by the Welsh Ministers and, in Scotland, provided, directly or indirectly by a Local Enterprise Company pursuant to its arrangement with, as the case may be, Skills Development Scotland, Scottish Enterprise Highlands and Island Enterprise (whether that arrangements is known as am Operating Contract or by other name).

Trade Disputes

Trade disputes: exemptions from section 15 of the Act

171

Section 15(2) (trade disputes: effect on other claimants) shall not apply to a claimant during any period where—

(a) a member of the claimant’s family is, or would be, prevented by section 14 from being entitled to a jobseeker’s allowance; and

(b) that member is–

(i) a child or young person; ...

(ii) incapable of work or within the maternity period, and for this purpose “the maternity period" means the period commencing at the beginning of the 6th week before the expected week of confinement and ending at the end of the 7th week after the week in which confinement takes place or

(iii) has limited capability for work.

Trade disputes: prescribed sum

172

The prescribed sum for the purposes of section 15(2)(d) is £53.00.

SCHEDULE 1 — APPLICABLE AMOUNTS

PART 1 — PERSONAL ALLOWANCES

1

The weekly amounts specified in column (2) below in respect of each person or couple specified in column (1) shall be the weekly amounts specified for the purposes of regulations 83 and 84(1) (applicable amounts and polygamous marriages).

(1)	(2)
Person or Couple	Amount
1 Single claimant aged– a except where head (b) or (c) of this sub-paragraph applies, less than 18;	1 a £28.85
b less than 18 who falls within paragraph (2) of regulation 57 and who– i is a person to whom regulation 59, 60 or 61 applies and is registered in accordance with regulation 62; or ii is the subject of a direction under section 16;	b £37.90
c less than 18 who satisfies the condition in paragraph 13(a) of Part 3;	c £37.90
d not less than 18 but less than 25;	d £37.90
e not less than 25.	e £47.90
2 Lone parent aged– a except where head (b) or (c) of this sub-paragraph applies, less than 18;	2 a £28.85
b less than 18 who falls within paragraph (2) of regulation 57 and who– i is a person to whom regulation 59, 60 or 61 applies and is registered in accordance with regulation 62; or ii is the subject of a direction under section 16;	b £37.90
c less than 18 who satisfies the condition in paragraph 13(a);	c £37.90
d not less than 18.	d £47.90
3 Couple– a where both members are aged less than 18 and– i at least one of them is treated as responsible for a child; or ii had they not been members of a couple, each would have been a person to whom regulation 59, 60 or 61 (circumstances in which a person aged 16 or 17 is eligible for a jobseeker’s allowance) applied or iii had they not been members of a couple, the claimant would have been a person to whom regulation 59, 60 or 61 (circumstances in which a person aged 16 or 17 is eligible for a jobseeker’s allowance) applied and his partner satisfies the requirements for entitlement to income support other than the requirement to make a claim for it; or iv they are married and each member is a person to whom regulation 59, 60 or 61 applies and is registered in accordance with regulation 62; or v there is a direction under section 16 (jobseeker’s allowance in cases of severe hardship) in respect of each member; or vi there is a direction under section 16 in respect of one of them and the other is a person to whom regulation 59, 60 or 61 applies and is registered in accordance with regulation 62; or vii there is a direction under section 16 in respect of one of them and the other satisfies requirements for entitlement to income support other than the requirement to make a claim for it;	3 a £57.20
b where both members are aged less than 18 and sub-paragraph (3)(a) does not apply but one member of the couple falls within paragraph (2) of regulation 57 and either— i is a person to whom regulation 59, 60 or 61 applies and is registered in accordance with regulation 62; or ii is the subject of a direction under section 16 of the Act;	b £37.90
c where both members are aged less than 18 and neither head (a) nor (b) of sub-paragraph (3) applies but one member of the couple— i is a person to whom regulation 59, 60 or 61 applies and is registered in accordance with regulation 62; or ii is the subject of a direction under section 16;	c £28.85
d where both members are aged less than 18 and none of heads (a), (b) or (c) of sub-paragraph (3) apply but one member of the couple is a person who satisfies the requirements of paragraph 13(a);	d £37.90
e where both members are aged not less than 18;	e £75.20
f where one member is aged not less than 18 and the other member is a person under 18 who— i is a person to whom regulation 59, 60 or 61 applies and is registered in accordance with regulation 62; or ii is the subject of a direction under section 16; and iii satisfies requirements for entitlement to income support other than the requirement to make a claim for it;	f £75.20
g where one member is aged not less than 18 but less than 25 and the other member is a person under 18— i to whom none of the regulations 59 to 61 applies; or ii who is not the subject of a direction under section 16; and iii does not satisfy requirements for entitlement to income support disregarding the requirement to make a claim for it;	g £37.90
h where one member is aged not less than 25 and the other member is a person under 18— i to whom none of the regulations 59 to 61 applies; or ii is not the subject of a direction under section 16; and iii does not satisfy requirements for entitlement to income support disregarding the requirement to make a claim for it.	h £47.90

2

The weekly amounts specified in column (2) below in respect of each person specified in column (1) shall be the weekly amounts specified for the purposes of regulations 83(b) and 84(1)(c).

(1)	(2)
Child or Young Person	Amount
Person aged—
a less than 11;	a £16.45
b not less than 11 but less than 16;	b £24.10
c not less than 16 but less than 18;	c £28.85
d not less than 18.	d £37.90

3

–

(1) The weekly amount for the purposes of regulations 83(c) and 84(1)(d) (residential allowance) in respect of a person who satisfies the conditions specified in sub-paragraph (2) shall be—

(a) except in a case to which head (b) applies, £54.00; and

(b) where the home in which the person resides is situated within the area described in Schedule 3 (the Greater London area), £60.00.

(2) Subject to sub-paragraphs (3), (4) and (5), the conditions are–

(a) the person resides in a residential care home or a nursing home or is regarded pursuant to sub-paragraph (5) as residing in such a home;

(b) the person both requires personal care and is provided with it in the home and for this purpose “personal care” means care which includes assistance with bodily functions where such assistance is required;

(d) he is aged 16 or over;

(e) both the person’s accommodation and such meals (if any) as are provided for him are provided on a commercial basis; and

(f) no part of the weekly charge for accommodation is met by housing benefit.

(3) For the purposes of sub-paragraph (2), but subject to sub-paragraph (4), a person resides in a residential care home where the home in which he resides—

(a) is registered under Part I of the Registered Homes Act 1984[^f00165] or is deemed to be so registered by virtue of section 2(3) of the Registered Homes (Amendment) Act 1991[^f00166] (registration of small homes where application for registration not determined);

(b) is managed or provided by a body incorporated by Royal Charter or constituted by Act of Parliament (other than a social services authority) and provides both board and personal care for the claimant; or

(c) is in Scotland and is registered under section 61 of the Social Work (Scotland) Act 1968[^f00167] or is an establishment provided by a housing association registered with Scottish Homes established by the Housing (Scotland) Act 1988[^f00168] which provides care equivalent to that given in residential accommodation provided under Part IV of the Social Work (Scotland) Act 1968;

and a person resides in a nursing home where the home in which he resides is such a home within the meaning of regulation 1(3).

(4) A person shall not be regarded as residing in a nursing home for the purposes of sub-paragraph (2) where the home in which he resides is a hospice, and for this purpose “hospice” means a nursing home which—

(a) if situate in England or Wales, is registered under Part II of the Registered Homes Act 1984, or

(b) if situate in Scotland, is exempted from the operation of the Nursing Homes Registration (Scotland) Act 1938 by virtue of section 6 of that Act[^f00169], and whose primary function is to provide palliative care for persons resident there who are suffering from a progressive disease in its final stages.

(5) For the purposes of sub-paragraph (2)(a), where a person’s principal place of residence is a residential care home or a nursing home, and he is temporarily absent from that home, he shall be regarded as continuing to reside at that home

(a) where he is absent because he is a patient, for the first six weeks of any such period of absence, and for this purpose—

(i) “patient” has the meaning it has in Schedule 5 by virtue of regulation 85, and

(ii) periods of absence separated by not more than 28 days shall be treated as a single period of absence equal in duration to all those periods; and

(b) for the first three weeks of any other period of absence.

(6) Where–

(a) a person has been registered under the Registered Homes Act 1984 in respect of premises which have been carried on as a residential care home or, as the case may be, a nursing home, and that person has ceased to carry on such a home; and

(b) an application for registration under that Act has been made by another person and that application has not been determined or abandoned,

then any question arising for determination under this paragraph shall be determined as if the most recent registration under that Act in respect of those premises continued until the day on which the application is determined or abandoned.

PART II — FAMILY PREMIUM

4

The weekly amount for the purposes of regulations 83(d) and 84(1)(e) in respect of a family of which at least one member is a child or young person shall be £10.55.

PART III — PREMIUMS

5

Except as provided in paragraph 6, the weekly premiums specified in Part IV of this Schedule shall for the purposes of regulations 83(e) and 84(1)(f), be applicable to a claimant who satisfies the condition specified in paragraphs 9 to 17 in respect of that premium.

6

Subject to paragraph 7, where a claimant satisfies the conditions in respect of more than one premium in this Part of this Schedule, only one premium shall be applicable to him and, if they are different amounts, the higher or highest amount shall apply.

7

(1) The severe disability premium to which paragraph 15 applies may be applicable in addition to any other premium which may apply under this Schedule.

(2) The disabled child premium to which paragraph 16 applies may be applicable in addition to any other premium which may apply under this Schedule.

(3) The carer premium to which paragraph 17 applies may be applicable in addition to any other premium which may apply under this Schedule.

8

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

(a) in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations 1979[^f00170] applies, for any period during which, apart from the provisions of those Regulations, he would be in receipt of that benefit; and

(b) for any period spent by a person on a scheme of a kind specified in section 2 of the Employment & Training Act 1973[^f00171].

(2) For the purposes of the carer premium under paragraph 17, 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.

Lone Parent Premium

9

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

Pensioner premium for persons over 60

10

The condition is that the claimant—

(a) is a single claimant or lone parent who has attained the qualifying age for state pension credit; or

(b) has attained the qualifying age for state pension credit and has a partner; or

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

11

The condition is that the claimant has a partner who has attained the age of 75 but not the age of 80.

Higher Pensioner Premium

12

(1) Subject to sub-paragraph (5), the condition is that–

(a) the claimant is a single claimant or lone parent who has attained the qualifying age for state pension credit and either—

(i) satisfies one of the additional conditions specified in paragraph 14(1)(a), (c), (ca), (cb), (e), (f) , (fa) or (h); or

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

(b) the claimant has a partner and–

(i) the partner has attained the age of 80; or

(ii) the partner has attained the qualifying age for state pension credit but not the age of 80, and the additional conditions specified in paragraph 14 are satisfied in respect of him; or

(i) has attained the qualifying age for state pension credit;

(ii) satisfies the requirements of either sub-head (i) or (ii) of paragraph 12(1)(a); and

(iii) has a partner.

(2) For the purposes of this paragraph and paragraph 14–

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

(b) in so far as sub-paragraphs (1)(a)(ii) and (1)(c)(ii) are concerned, if a claimant ceases to be entitled to either income support or an income-based jobseeker’s allowance or ceases to be treated as entitled to either of those benefits for a period not exceeding eight weeks which includes the date he attained the qualifying age for state pension credit, he shall, on becoming re-entitled to either of those benefits, thereafter be treated as having been continuously entitled thereto.

(3) In this paragraph where a claimant’s partner is a welfare to work beneficiary, sub-paragraphs (1)(a)(ii) and (2)(b) shall apply to him as if for the words “8 weeks" there were substituted the words “104 weeks".

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

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

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

(5) The condition is not satisfied if—

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

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

(i) a long-term patient; and

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

Disability Premium

13

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

(a) is a single claimant or lone parent who has not attained the qualifying age for state pension credit and satisfies any one of the additional conditions specified in paragraph 14(1)(a), (c), (ca), (cb), (e), (f) , (fa) or (h); or

(b) has not attained the qualifying age for state pension credit, has a partner and the claimant satisfies any one of the additional conditions specified in paragraph 14(1)(a), (c), (ca), (cb), (e), (f) , (fa) or (h); or

(c) has a partner and the partner has not attained the qualifying age for state pension credit and also satisfies any one of the additional conditions specified in paragraph 14.

(2) The condition is not satisfied if—

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

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

(i) is a long-term patient; and

(ii) is the only member of the couple or polygamous marriage to whom the condition in sub-paragraph (1)(b) or (c) refers.

Additional Conditions for Higher Pensioner and Disability Premium

14

(1) The additional conditions specified in this paragraph are that

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

(b) the claimant’s partner is in receipt of severe disablement allowance;

(c) the claimant or, as the case may be, his partner, is in receipt of attendance allowance , pension age disability payment or disability living allowance or is a person whose disability living allowance is payable, in whole or in part, to another in accordance with regulation 44 of the Claims and Payments Regulations (payment of disability living allowance on behalf of third party);

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

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

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

(cc) the claimant or, as the case may be, the claimant's partner, is in receipt of Scottish adult disability living allowance or is a person whose Scottish adult disability living allowance is payable, in whole or in part, to another in accordance with regulation 28 (making payments) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;

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

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

(f) the claimant or, as the case may be, his partner, is a person who is entitled to the mobility component of disability living allowance but to whom the component is not payable in accordance with regulation 42 of the Claims and Payments Regulations (cases where disability living allowance not payable);

(fa) the claimant or, as the case may be, his partner, is a person who is entitled to the mobility component of personal independence payment but to whom the component is not payable in accordance with regulation 61 of the Universal Credit etc. Claims and Payments Regulations (cases where mobility component of personal independence payment not payable);

(fb) the claimant or, as the case may be, the claimant’s partner, is a person who is entitled to the mobility component of adult disability payment but to whom the component is not payable in accordance with regulation 34(6) of the Disability Assistance for Working Age People (Scotland) Regulations 2022 (amount and form of adult disability payment);

(fc) the claimant or, as the case may be, the claimant's partner, is a person who is entitled to the mobility component of Scottish adult disability living allowance but to whom the component is not payable in accordance with regulation 29(6) (amount and form of Scottish adult disability living allowance) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;

(g) the claimant’s partner was either–

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

(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 the partner becoming a patient within the meaning of regulation 85(4) (special cases); ...

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

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

(v) entitled to pension age disability payment but no amount is payable in accordance with regulation 20 (effect of admission to hospital on ongoing entitlement to pension age disability payment) of the Disability Assistance for Older People (Scotland) Regulations 2024;or

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

and in any of the cases described in sub-paragraphs (i) to (vi) , the higher pensioner premium or disability premium had been applicable to the claimant or his partner;

(h) the claimant or, as the case may be, his partner, is certified as severely sight impaired or blind by a consultant ophthalmologist.

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

Severe Disability Premium

15

(1) In the case of a single claimant, a lone parent or a claimant who is treated as having no partner in consequence of sub-paragraph (3), the condition is that—

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

(b) subject to sub-paragraph (4), there are no non-dependants aged 18 or over normally residing with him or with whom he is normally residing; and

(c) no person is entitled to, and in receipt of, a carer’s allowance under section 70 of the Benefits Act or carer support payment or has an award of universal credit which includes the carer element in respect of caring for him;

(2) Where the claimant has a partner, the condition is that–

(a) the claimant is in receipt of attendance allowance , pension age disability payment , the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act , the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 , armed forces independence payment , the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act , or the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022 (the “qualifying benefit"); and

(b) the partner is also in receipt of a qualifying benefit, 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 (4), there is no non-dependant aged 18 or over normally residing with him or with whom he is normally residing; and

(d) either–

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

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

(3) Where the claimant has a partner who does not satisfy the condition in sub-paragraph (2)(b), and that partner is severely sight impaired or blind or treated as severely sight impaired or blind within the meaning of paragraph 14(l)(h) and (2), that partner shall be treated for the purposes of sub-paragraph (2) as if he were not a partner of the claimant.

(4) The following persons shall not be regarded as a non-dependant for the purposes of sub-paragraphs (l)(b) and (2)(c)—

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

(b) subject to sub-paragraph (6), a person who joins the claimant’s household for the first time in order to care for the claimant or his partner and immediately before so joining the claimant or his partner satisfied the condition in sub-paragraph (l) or, as the case may be, (2);

(c) a person who is severely sight impaired or blind or treated as severely sight impaired or blind within the meaning of paragraph 14(l)(h) and (2).

(5) For the purposes of sub-paragraph (2), a person shall be treated ...—

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

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

(ab) as being in receipt of the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022 if they would, but for regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of those Regulations be so in receipt;

(ac) as being in receipt of pension age disability payment if they would, but for regulation 20 (effect of admission to hospital on ongoing entitlement to pension age disability payment) of the Disability Assistance for Older People (Scotland) Regulations 2024, be so in receipt;

(ad) as being in receipt of the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 if they would, but for regulation 23 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of those Regulations, be so in receipt;

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

(6) Sub-paragraph (4)(b) shall apply only for the first 12 weeks following the date on which the person to whom that provision applies first joins the claimant’s household.

(7) For the purposes of sub-paragraph (1)(c) and (2)(d), no account shall be taken of an award of carer’s allowance , carer support payment or universal credit which includes the carer element to the extent that payment of such an award is back-dated for a period before the date on which the award is first paid.

(8) A person shall be treated as satisfying this condition if he would have satisfied the condition specified for a severe disability premium in income support in paragraph 13 of Schedule 2 to the Income Support Regulations by virtue only of regulations 4 to 6 of the Income Support (General) Amendment (No.6) Regulations 1991 (savings provisions in relation to severe disability premium) and for the purposes of determining whether in the particular case regulation 4 of those Regulations had ceased to apply in accordance with regulation 5(2)(a) of those Regulations, a person who is entitled to an income-based jobseeker’s allowance shall be treated as entitled to income support.

(9) In sub-paragraphs (1)(c) and (2)(d), references to a person being in receipt of a carer’s allowance or as having an award of universal credit which includes the carer element shall include references to a person who would have been in receipt of that allowance or had such an award but for the application of a restriction under section 6B or 7 of the Social Security Fraud Act 2001 (loss of benefit provisions).

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

Disabled Child Premium

16

(1) Subject to sub-paragraph (2), the condition is that where the child or young person for whom the claimant or a partner of his is responsible and who is a member of the claimant’s household is—

(a) in receipt of disability living allowance or is no longer in receipt of that allowance because he is a patient provided that the child or young person continues to be a member of the family; ...

(aza) in receipt of child disability payment;

(aa) a young person who is in receipt of personal independence payment or who would, but for regulations made under section 86(1) (hospital in-patients) of the 2012 Act, be so in receipt, provided that the young person continues to be a member of the family;

(ab) a young person who is in receipt of armed forces independence payment;

(ac) a young person who is in receipt of adult disability payment, or who would, but for regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability Assistance for Working Age People (Scotland) Regulations 2022, be so in receipt, provided that the young person continues to be a member of the family;

(b) severely sight impaired or blind or treated as severely sight impaired or blind within the meaning of paragraph 14(1)(h) and (2); or

(c) a child or young person in respect of whom section 145A of the Benefits Act (entitlement after death of child or qualifying young person) applies for the purposes of entitlement to child benefit but only for the period prescribed under that section, and in respect of whom a disabled child premium was included in the claimant’s applicable amount immediately before the death of that child or young person, or ceased to be included in the claimant’s applicable amount because of that child or young person’s death.

(2) The condition in sub-paragraph (1)(a) , (aza) , (aa) , (ab) , (ac) or (b) is not satisfied in respect of a child or young person—

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

(b) who is a long-term patient.

Carer Premium

17

(1) Subject to sub-paragraphs (3) , (4) and (5), the condition is that the claimant or his partner is, or both of them are, entitled to carer’s allowance under section 70 of the Benefits Act or carer support payment.

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

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

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

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

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

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

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

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

(c) in any other case, the date on which the person who has been entitled to a carer’s allowance or carer support payment ceases to be entitled to that allowance or payment.

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

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

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

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

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

Persons in receipt of concessionary payments

18

For the purpose of determining whether a premium is applicable to a person under paragraphs 14 to 17, any concessionary payment made to compensate that person for the non-payment of any benefit mentioned in those paragraphs shall be treated as if it were a payment of that benefit.

Person in receipt of benefit

19

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

PART IV — WEEKLY AMOUNTS OF PREMIUMS SPECIFIED IN PART III

20

—

(1) Lone parent premium.

PART V — ROUNDING OF FRACTIONS

21

Where an income-based jobseeker’s allowance is awarded for a period which is not a complete benefit week and the applicable amount in respect of that period results in an amount which includes a fraction of one penny that fraction shall be treated as one penny.

SCHEDULE 2 — HOUSING COSTS

Housing Costs

1

(1) Subject to the following provisions of this Schedule, the housing costs applicable to a claimant are those costs—

(a) which he or, where he is a member of a family, he or any member of that family is, in accordance with paragraph 2, liable to meet in respect of the dwelling occupied as the home which he or any other member of his family is treated as occupying; and

(b) which qualify under paragraph 16.

(2) In this Schedule—

“housing costs" means those costs to which sub-paragraph (1) refers;

...

(3) For the purposes of this Schedule a disabled person is a person–

(a) in respect of whom a disability premium, a disabled child premium, a pensioner premium where the claimant’s partner has attained the age of 75 or a higher pensioner premium is included in his applicable amount or the applicable amount of a person living with him; or

(b) who, had he in fact been entitled to a jobseeker’s allowance or to income support, would have had included in his applicable amount a disability premium, a disabled child premium, a pensioner premium where the claimant’s partner has attained the age of 75 or a higher pensioner premium; or

(c) who satisfies the requirements of paragraph 9 A of Schedule 2 to the Income Support Regulations (pensioner premium for person aged 75 or over); ...

(d) who is disabled or severely disabled for the purposes of section 9(6) (maximum rate) of the Tax Credits Act 2002 or

(e) who–

(i) is in receipt of an employment and support allowance which includes an amount under section 2(2) ... or 4(4) ... of the Welfare Reform Act (component) or who is a member of the work-related activity group; or

(ii) would be entitled to an employment and support allowance ..., but for the application of section 1A of that Act (duration of contributory allowance); or

(f) who is entitled to an award of universal credit and has limited capability for work or limited capability for work and work-related activity as construed in accordance with regulations 39 and 40 of the Universal Credit Regulations 2013.

(4) For the purposes of sub-paragraph (3), a person shall not cease to be a disabled person on account of his being disqualified for receiving benefit or treated as capable of work by virtue of the operation of section 171E of the Benefits Act (incapacity for work, disqualification etc.) or disqualified for receiving employment and support allowance or treated as not having limited capability for work in accordance with regulations made under section 18 of the Welfare Reform Act (disqualification).

Circumstances in which a person is liable to meet housing costs

2

(1) A person is liable to meet housing costs where–

(a) the liability falls upon him or his partner or, where that person is a member of a joint-claim couple, the other member of that couple, but not where the liability is to a member of the same household as the person on whom the liability falls;

(b) because the person liable to meet the housing costs is not meeting them, the claimant has to meet those costs in order to continue to live in the dwelling occupied as the home and it is reasonable in all the circumstances to treat the claimant as liable to meet those costs;

(c) he in practice shares the housing costs with other members of the household none of whom are close relatives either of the claimant or his partner, or, where that person is a member of a joint-claim couple, the other member of that couple, and

(i) one or more of those members is liable to meet those costs, and

(ii) it is reasonable in the circumstances to treat him as sharing responsibility.

(2) Where any one or more, but not all, members of the claimant’s family are affected by a trade dispute, the housing costs shall be treated as wholly the responsibility of those members of the family not so affected.

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