Legalize / United Kingdom / Statutory-Instrument

The Jobseeker’s Allowance Regulations 1996

Type Statutory-Instrument

Publication 1996-02-01

Last updated 2026-04-06

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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Circumstances in which a person is to be treated as occupying a dwelling as his home

3

(1) Subject to the following provisions of this paragraph, a person shall be treated as occupying as his home the dwelling normally occupied as his home by himself or, if he is a member of a family, by himself and his family and he shall not be treated as occupying any other dwelling as his home.

(2) In determining whether a dwelling is the dwelling normally occupied as the claimant’s home for the purposes of sub-paragraph (1) regard shall be had to any other dwelling occupied by the claimant or by him and his family whether or not that other dwelling is in Great Britain.

(3) Subject to sub-paragraph (4), where a single claimant or a lone parent is a full-time student or is on a training course and is liable to make payments (including payments of mortgage interest or, in Scotland, payments under heritable securities or, in either case, analogous payments) in respect of either (but not both) the dwelling which he occupies for the purpose of attending his course of study or his training course or, as the case may be, the dwelling which he occupies when not attending his course, he shall be treated as occupying as his home the dwelling in respect of which he is liable to make payments.

(4) A full-time student shall not be treated as occupying a dwelling as his home for any week of absence from it, other than an absence occasioned by the need to enter hospital for treatment, outside the period of study, if the main purpose of his occupation during the period of study would be to facilitate attendance on his course.

(5) Where a claimant has been required to move into temporary accommodation by reason of essential repairs being carried out to the dwelling normally occupied as his home and he is liable to make payments (including payments of mortgage interest or, in Scotland, payments under heritable securities or, in either case, analogous payments) in respect of either (but not both) the dwelling normally occupied or the temporary accommodation, he shall be treated as occupying as his home the dwelling in respect of which he is liable to make those payments.

(6) Where a person is liable to make payments in respect of two (but not more than two) dwellings, he shall be treated as occupying both dwellings as his home only—

(a) where he has left and remains absent from the former dwelling occupied as the home through fear of violence in that dwelling or by a former member of his family and it is reasonable that housing costs should be met in respect of both his former dwelling and his present dwelling occupied as the home; or

(b) in the case of a couple or a member of a polygamous marriage where a partner is a full-time student or is on a training course and it is unavoidable that he or they should occupy two separate dwellings and reasonable that housing costs should be met in respect of both dwellings; or

(c) in the case where a person has moved into a new dwelling occupied as the home, except where sub-paragraph (5) applies, for a period not exceeding four benefit weeks from the first day of the benefit week in which the move occurs if his liability to make payments in respect of two dwellings is unavoidable.

(7) Where–

(a) a person has moved into a dwelling and was liable to make payments in respect of that dwelling before moving in; and

(b) he had claimed a jobseeker’s allowance before moving in and either that claim has not yet been determined or it has been determined but an amount has not been included under this Schedule and if the claim has been refused a further claim has been made within four weeks of the date on which the claimant moved into the new dwelling occupied as the home; and

(c) the delay in moving into the dwelling in respect of which there was liability to make payments before moving in was reasonable and—

(i) that delay was necessary in order to adapt the dwelling to meet the disablement needs of the claimant or any member of his family; or

(ii) the move was delayed pending local welfare provision or the outcome of an application under Part 8 of the Benefits Act for a social fund payment to meet a need arising out of the move or in connection with setting up the home in the dwelling, and—

(aa) a member of the claimant’s family is aged five or under,

(bb) the claimant’s applicable amount includes a premium under paragraph 10, 11, 12, 13, 15 or 16 of Schedule 1 (applicable amounts), or

(cc) a child tax credit is paid for a member of the claimant’s family who is disabled or severely disabled for the purposes of section 9(6) (maximum rate) of the Tax Credits Act 2002; or

(iii) the person became liable to make payments in respect of the dwelling while he was a patient or was in residential accommodation,

he shall be treated as occupying the dwelling as his home for any period not exceeding four weeks immediately prior to the date on which he moved into the dwelling and in respect of which he was liable to make payments.

(8) This sub-paragraph applies to a person who enters residential accommodation–

(a) for the purpose of ascertaining whether the accommodation suits his needs; and

(b) with the intention of returning to the dwelling which he normally occupies as his home should, in the event, the residential accommodation prove not to suit his needs,

and while in the accommodation, the part of the dwelling which he normally occupies as his home is not let, or as the case may be, sub-let to another person.

(9) A person to whom sub-paragraph (8) applies shall be treated as occupying the dwelling he normally occupies as his home during any period (commencing with the day he enters the accommodation) not exceeding 13 weeks in which the person is resident in the accommodation, but only in so far as the total absence from the dwelling does not exceed 52 weeks.

(10) A person, other than a person to whom sub-paragraph (11) applies, shall be treated as occupying a dwelling as his home throughout any period of absence not exceeding 13 weeks, if, and only if—

(a) he intends to return to occupy the dwelling as his home; and

(b) the part of the dwelling normally occupied by him has not been let or, as the case may be, sub-let to another person; and

(11) This sub-paragraph applies to a person whose absence from the dwelling he normally occupies as his home is temporary and—

(a) he intends to return to occupy the dwelling as his home; and

(b) while the part of the dwelling which is normally occupied by him has not been let or, as the case may be, sub-let; and

(i) required, as a condition of bail, to reside—

(aa) in a dwelling, other than the dwelling he occupies as his home; or

(bb) in premises approved under section 13 of the Offender Management Act 2007, or

(ii) resident in a hospital or similar institution as a patient and is treated under regulation 55 as capable of work, or

(iii) undergoing or, as the case may be, his partner or his dependent child is undergoing, in the United Kingdom or elsewhere, medical treatment, or medically approved convalescence, in accommodation other than residential accommodation, or

(iv) following, in the United Kingdom or elsewhere, a training course, or

(v) undertaking medically approved care of a person residing in the United Kingdom or elsewhere, or

(vi) undertaking the care of a child whose parent or guardian is temporarily absent from the dwelling normally occupied by that parent or guardian for the purpose of receiving medically approved care or medical treatment, or

(vii) a person who is, whether in the United Kingdom or elsewhere, receiving medically approved care provided in accommodation other than residential accommodation, or

(viii) a full-time student to whom sub-paragraph (3) or (6)(b) does not apply, or

(ix) a person other than a person to whom sub-paragraph (8) applies, who is receiving care provided in residential accommodation, or

(x) a person to whom sub-paragraph (6)(a) does not apply and who has left the dwelling he occupies as his home through fear of violence in that dwelling or by a person who was formerly a member of his family, and

(d) the period of his absence is unlikely to exceed a period of 52 weeks or, in exceptional circumstances, is unlikely substantially to exceed that period.

(12) A person to whom sub-paragraph (11) applies is to be treated as occupying the dwelling he normally occupies as his home during any period of absence not exceeding 52 weeks beginning with the first day of that absence.

(13) In this paragraph–

(a) “medically approved" means certified by a registered medical practitioner;

(b) “patient" means a person who is undergoing medical or other treatment as an in-patient in a hospital or similar institution;

(c) “residential accommodation” means accommodation which is a care home, an Abbeyfield Home or an independent hospital;

(d) “training course" means such a course of training or instruction provided wholly or partly by or on behalf of or in pursuance of arrangements made with, or approved by or on behalf of, Skills Development Scotland, Scottish Enterprise, Highlands and Islands Enterprise, a government department or the Secretary of State.

Housing costs not met

4

(1) No amount may be met under the provisions of this Schedule–

(a) in respect of housing benefit expenditure; or

(b) where a claimant is living in a care home, an Abbeyfield Home or an independent hospital except where he is living in such a home or hospital during a temporary absence from the dwelling he occupies as his home and in so far as they relate to temporary absences, the provisions of paragraph 3(8) to (12) apply to him during that absence.

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

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

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

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

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

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

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Apportionment of housing costs

5

(1) Where the dwelling occupied as the home is a composite hereditament and–

(a) before 1st April 1990 for the purposes of section 48(5) of the General Rate Act 1967 (reduction of rates on dwellings), it appeared to a rating authority or it was determined in pursuance of sub-section (6) of section 48 of that Act that the hereditament, including the dwelling occupied as the home, was a mixed hereditament and that only a proportion of the rateable value of the hereditament was attributable to use for the purpose of a private dwelling; or

(b) in Scotland, before 1st April 1989 an assessor acting pursuant to section 45(1) of the Water (Scotland) Act 1980 (provision as to valuation roll) has apportioned the net annual value of the premises including the dwelling occupied as the home between the part occupied as a dwelling and the remainder,

the amounts applicable under this Schedule shall be such proportion of the amounts applicable in respect of the hereditament or premises as a whole as is equal to the proportion of the rateable value of the hereditament attributable to the part of the hereditament used for the purposes of a private tenancy or, in Scotland, the proportion of the net annual value of the premises apportioned to the part occupied as a dwelling house.

(2) subject to sub-paragraph (1) and the following provisions of this paragraph, where the dwelling occupied as the home is a composite hereditament, the amount applicable under this Schedule shall be the relevant fraction of the amount which would otherwise be applicable under this Schedule in respect of the dwelling occupied as the home.

(3) For the purposes of sub-paragraph (2), the relevant fraction shall be obtained in accordance with the formula—

$$AA+B$where— “A" is the current market value of the claimant’s interest in that part of the composite hereditament which is domestic property within the meaning of section 66 of the Act of 1988;“B" is the current market value of the claimant’s interest in that part of the composite hereditament which is not domestic property within that section.$

(4) In this paragraph–

“composite hereditament" means–

(a) as respects England and Wales, any hereditament which is shown as a composite hereditament in a local non-domestic rating list;

(b) as respects Scotland, any lands and heritages entered in the valuation roll which are part residential subjects within the meaning of section 26(1) of the Act of 1987;

“local non-domestic rating list" means a list compiled and maintained under section 41(1) of the Act of 1988;

“local non-domestic rating list” means—

(a) as respects England, a list compiled and maintained undersection 41(1)of theAct of 1988;

(b) as respects Wales, a list compiled and maintained undersection 41ZA of theAct of 1988;

“the Act of 1987" means the Abolition of Domestic Rates Etc. (Scotland) Act 1987;

“the Act of 1988" means the Local Government Finance Act 1988.

(5) Where responsibility for expenditure which relates to housing costs met under this Schedule is shared, the amounts applicable shall be calculated by reference to the appropriate proportion of that expenditure for which the claimant is responsible.

Existing housing costs

6

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New housing costs

7

(1) Subject to the provisions of this Schedule, the ... housing costs to be met in any particular case are—

(a) where the claimant has been entitled to a jobseeker’s allowance for a continuous period of 39 weeks or more, an amount—

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) equal to any payments which qualify under paragraph 16(1)(a) to (c);

(b) in any other case, nil.

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

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

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

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

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

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

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General exclusions from paragraphs 6 and 7

8

(1) Paragraph 7 shall not apply where–

(a) the claimant or his partner or either member of a joint-claim couple has attained the qualifying age for state pension credit;

(b) the housing costs are payments–

(i) under a co-ownership agreement;

(ii) under or relating to a tenancy or licence of a Crown tenant; or

(iii) where the dwelling occupied as the home is a tent, in respect of the tent and the site on which it stands.

(2) In a case falling within sub-paragraph (1), the housing costs to be met are–

(a) where head (a) of sub-paragraph (1) applies, an amount–

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) equal to the payments which qualify under paragraph 16;

(b) where head (b) of sub-paragraph (1) applies, an amount equal to the payments which qualify under paragraph 16(1)(d) to (f).

The calculation for loans

9

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General provisions applying to new and existing housing costs

10

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The standard rate

11

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Excessive Housing Costs

12

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Linking rule

13

(1) Subject to sub-paragraph (2A) for the purposes of this Schedule–

(a) a person shall be treated as being in receipt of a jobseeker’s allowance during the following periods—

(i) any period in respect of which it was subsequently held, on appeal or revision, that he was so entitled to a jobseeker’s allowance; and

(ii) any period of 12 weeks or less or, as the case may be, 52 weeks or less, in respect of which he was not in receipt of a jobseeker’s allowance and which fell immediately between periods in respect of which ...;

(aa) he was, or was treated as being, in receipt of a jobseeker’s allowance,

(bb) he was treated as entitled to a jobseeker’s allowance for the purposes of sub-paragraphs (5), (6) and (7), or

(cc) (i) above applies;

(b) a person shall be treated as not being in receipt of a jobseeker’s allowance during any period other than a period to which (a)(ii) above applies in respect of which it is subsequently held on appeal, revision or supersession that he was not so entitled;

(i) the claimant was a member of a couple or a polygamous marriage; and

(ii) his partner was, in respect of a past period, in receipt of a jobseeker’s allowance for himself and the claimant; and

(iii) the claimant is no longer a member of that couple or polygamous marriage; and

(iv) the claimant made his claim for a jobseeker’s allowance within twelve weeks or, as the case may be, 52 weeks, of ceasing to be a member of that couple or polygamous marriage,

he shall be treated as having been in receipt of a jobseeker’s allowance for the same period as his former partner had been or had been treated, for the purposes of this Schedule, as having been;

(d) where the claimant’s partner’s applicable amount was determined in accordance with paragraph 1(1) (single claimant) or paragraph 1(2) (lone parent) of Schedule 1 (applicable amounts) in respect of a past period, provided that the claim was made within twelve weeks or, as the case may be, 52 weeks, of the claimant and his partner becoming one of a couple or polygamous marriage, the claimant shall be treated as having been in receipt of a jobseeker’s allowance for the same period as his partner had been or had been treated, for the purposes of this Schedule, as having been;

(dd) where the applicable amount of a member of a joint-claim couple was determined in accordance with paragraph 1(1) (single claimant) or paragraph 1(2) (lone parent) of Schedule 1 (applicable amounts) in respect of a past period, provided that the claim was made within twelve weeks of the joint-claimant becoming a member of the joint-claim couple, the joint-claim couple shall be treated as having been in receipt of a jobseeker’s allowance for the same period as that member of the joint-claim couple had been treated, for the purposes of this Schedule, as having been;

(e) where the claimant is a member of a couple or a polygamous marriage and his partner was, in respect of a past period, in receipt of a jobseeker’s allowance for himself and the claimant, and the claimant has begun to receive a jobseeker’s allowance as a result of an election by the members of the couple or polygamous marriage, he shall be treated as having been in receipt of a jobseeker’s allowance for the same period as his partner had been or had been treated, for the purposes of this Schedule, as having been;

(ee) where the claimant—

(i) is a member of a couple or a polygamous marriage and the claimant’s partner was, immediately before the participation by any member of that couple or polygamous marriage in an employment programme specified in regulation 75(1)(a)(ii), in the Intensive Activity Period specified in regulation 75(1)(a)(iv) ... or in the Flexible New Deal , in receipt of income-based jobseeker’s allowance and his applicable amount included an amount for the couple or for the partners of the polygamous marriage; and

(ii) has, immediately after that participation in that programme, begun to receive income-based jobseeker’s allowance as a result of an election under regulation 4(3B) of the Claims and Payments Regulations by the members of the couple or polygamous marriage,

the claimant shall be treated as having been in receipt of a jobseeker’s allowance for the same period as his partner had been or had been treated, for the purposes of this Schedule, as having been;

(f) where–

(i) the claimant was a member of a family of a person (not being a former partner) entitled to a jobseeker’s allowance and at least one other member of that family was a child or young person; and

(ii) the claimant becomes a member of another family which includes that child or young person; and

(iii) the claimant made his claim for a jobseeker’s allowance within 12 weeks or, as the case may be, 52 weeks, of the date on which the person entitled to a jobseeker’s allowance mentioned in head(i) above ceased to be so entitled,

the claimant shall be treated as being in receipt of a jobseeker’s allowance for the same period as that person had been or had been treated, for the purposes of this Schedule, as having been.

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

(2A) Where a joint-claim jobseeker’s allowance is payable to one member of a joint-claim couple in accordance with section 3B, both members of the couple shall be treated as receiving, or having received, a jobseeker’s allowance for the purpose of this paragraph.

(2B) Where both joint-claimants claiming a jobseeker’s allowance in respect of themselves have not been in receipt of a jobseeker’s allowance for a period before they became a joint-claim couple, sub-paragraph (1) shall have effect in respect of that couple in relation to the period which is most favourable to the couple for the purposes of this Schedule.

(3) For the purposes of this Schedule, where a claimant has ceased to be entitled to a jobseeker’s allowance because he or his partner or, where a claimant is a member of a joint-claim couple, the other member of that couple is participating in arrangements for training made under section 2 of the Employment and Training Act 1973 or attending a course at an employment rehabilitation centre established under that section or under the Enterprise and New Towns (Scotland) Act 1990, he shall be treated as if he had been in receipt of a jobseeker’s allowance for the period during which he or his partner or, where a claimant is a member of a joint-claim couple, the other member of that couple was participating in such a course.

(3A) For the purposes of this Schedule, a claimant who has ceased to be entitled to a jobseeker’s allowance because—

(a) that claimant or his partner or, where a claimant is a member of a joint-claim couple, the other member of that couple was participating in an employment programme specified in regulation 75(1)(a)(ii) in the Intensive Activity Period specified in regulation 75(1)(a)(iv) ... or in an employment zone programme or in the Flexible New Deal, and

(b) in consequence of such participation the claimant or his partner or, where a claimant is a member of a joint-claim couple, the other member of that couple was engaged in renumerative work or failed to satisfy the condition specified either in section 2(1)(c), 3(1)(a) or 3A (1)(a),

shall be treated as if he had been in receipt of a jobseeker’s allowance for the period during which he or his partner or, where a claimant is a member of a joint-claim couple, the other member of that couple was participating in that programme or activity.

(4) Where, for the purposes of sub-paragraphs (1), (3) and (3A), a person is treated as being in receipt of a jobseeker’s allowance, for a certain period, he shall, subject to sub-paragraph (4A), be treated as being entitled to a jobseeker’s allowance for the same period.

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

(5) For the purposes of this Schedule, sub-paragraph (6) applies where a person is not entitled to an income-based jobseeker’s allowance by reason only that he has—

(a) capital exceeding £16,000; or

(b) income equal to or exceeding the applicable amount which applies in his case; or

(bb) a personal rate of contribution-based jobseeker’s allowance that is equal to, or exceeds, the applicable amount in his case; or

(6) A person to whom sub-paragraph (5) applies shall be treated as entitled to a jobseeker’s allowance throughout any period of not more than 39 weeks which comprises only days—

(a) on which he is entitled to a contribution-based jobseeker’s allowance, statutory sick pay , incapacity benefit or contributory employment and support allowance; or

(b) on which he is, although not entitled to any of the benefits mentioned in head (a) above, entitled to be credited with earnings equal to the lower earnings limit for the time being in force in accordance with regulation 8A or 8B of the Social Security (Credits) Regulations 1975.

(7) Subject to sub-paragraph (8), a person to whom sub-paragraph (5) applies and who is either a person to whom regulation 13(4) applies (persons with caring responsibilities) or a lone parent shall, for the purposes of this Schedule, be treated as entitled to a jobseeker’s allowance throughout any period of not more than 39 weeks following the refusal of a claim for a jobseeker’s allowance made by or on behalf of that person.

(8) Sub-paragraph (7) shall not apply in relation to a person mentioned in that sub-paragraph who, during the period referred to in that sub-paragraph—

(a) is engaged in, or is treated as engaged in, remunerative work or whose partner is engaged in, or is treated as engaged in, remunerative work;

(b) is treated as not available for employment by virtue of regulation 15(1)(a) (circumstances in which students are not treated as available for employment);

(c) is temporarily absent from Great Britain, other than in the circumstances specified in regulation 50 (temporary absence from Great Britain).

(9) In a case where–

(a) sub-paragraphs (6) and (7) apply solely by virtue of sub-paragraph (5)(b), and

(b) the claimant’s income includes payments under a policy taken out to insure against the risk that the policy holder is unable to meet any payment which qualifies under paragraph 16 ,

sub-paragraphs (6) and (7) shall have effect as if for the words “throughout any period of not more than 39 weeks" there are substituted the words “throughout any period that payments are made in accordance with the terms of the policy”.

(10) This sub-paragraph applies–

(a) to a person who claims a jobseeker’s allowance, or in respect of whom a jobseeker’s allowance is claimed, and who—

(i) received payments under a policy of insurance taken out to insure against loss of employment, and those payments are exhausted; and

(ii) had a previous award of a jobseeker’s allowance where the applicable amount included an amount by way of housing costs; and

(b) where the period in respect of which the previous award of a jobseeker’s allowance was payable ended not more than 26 weeks before the date the claim was made.

(11) Where sub-paragraph (10) applies, in determining–

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for the purposes of paragraph 7(1) whether a claimant has been entitled to a jobseeker’s allowance for a continuous period of 39 weeks or more,

any week falling between the date of the termination of the previous award and the date of the new claim shall be ignored.

(12) Where the claimant’s partner to whom this paragraph applies is a welfare to work beneficiary, sub-paragraphs (1)(a)(ii), (1)(c)(iv), (1)(d) and (1)(f)(iii) shall apply to him as if for the words “twelve weeks" there were substituted the words “104 weeks".

(13) For the purposes of sub-paragraph (1)(a)(ii), (1)(c)(iv), (1)(d) and (1)(f)(iii), the relevant period shall be—

(a) 52 weeks in the case of a person to whom sub-paragraph (14) applies;

(b) subject to sub-paragraph (12), 12 weeks in any other case.

(14) This sub-paragraph applies, subject to sub-paragraph (15), in the case of a person who, on or after 9th April 2001, has ceased to be entitled to a jobseeker’s allowance because he or his partner or, where that person is a member of a joint-claim couple, the other member of that couple—

(a) has commenced employment as an employed earner or as a self-employed earner or has increased the hours in which he is engaged in such employment;

(b) is taking active steps to establish himself in employment as an employed earner or as a self-employed earner under any scheme for assisting persons to become so employed which is mentioned in regulation 19(1)(r)(i) to (iii); or

(i) a New Deal option;

(ii) an employment zone programme;

(iii) the self-employment route, or

(iv) the Intensive Activity Period specified in regulation 75(1)(a)(iv) ...,

and, as a consequence, that person, their partner or, where that person is a member of a joint-claim couple, the other member of that couple, was engaged in remunerative work or had income equal to or in excess of the amount of earnings calculated under regulation 56 or the applicable amount determined in accordance with regulations 83 to 86C, whichever applies.

(15) Sub-paragraph (14) shall only apply to the extent that immediately before the day on which the person ceased to be entitled to an income-based jobseeker’s allowance or the joint-claim couple of which he was a member ceased to be entitled to a joint-claim jobseeker’s allowance, his housing costs were being met in accordance with paragraph ...7(1)(a) or would have been so met but for any non-dependant deduction under paragraph 17.

(16) For the purpose of determining whether the linking rules set out in this paragraph apply in a case where a claimant’s former partner was entitled to state pension credit, any reference to income-based jobseeker’s allowance in this Schedule shall be taken to include also a reference to state pension credit.

Loans on residential property

14

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Loans for repairs and improvements to the dwelling occupied as the home

15

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Other housing costs

16

(1) Subject to the deduction specified in sub-paragraph (2) and the reductions applicable in sub-paragraph (5), there shall be met under this paragraph the amounts, calculated on a weekly basis, in respect of the following housing costs—

(a) payments by way of rent or ground rent relating to a long tenancy...;

(b) service charges;

(d) payments under a co-ownership scheme;

(e) payments under or relating to a tenancy or licence of a Crown tenant;

(f) where the dwelling occupied as the home is a tent, payments in respect of the tent and the site on which it stands.

(2) Subject to sub-paragraph (3), the deductions to be made from the weekly amounts to be met under this paragraph are—

(a) where the costs are inclusive of any of the items mentioned in paragraph 6(2) of Schedule 1 to the Housing Benefit Regulations 2006 (payment in respect of fuel charges), the deductions prescribed in that paragraph unless the claimant provides evidence on which the actual or approximate amount of the service charge for fuel may be estimated, in which case the estimated amount;

(b) where the costs are inclusive of ineligible service charges within the meaning of paragraph 1 of Schedule 1 to the Housing Benefit Regulations 2006 (ineligible service charges) the amounts attributable to those ineligible service charges or where that amount is not separated from or separately identified within the housing costs to be met under this paragraph, such part of the payments made in respect of those housing costs which are fairly attributable to the provision of those ineligible services having regard to the costs of comparable services;

(c) any amount for repairs and improvements, and for this purpose the expression “repairs and improvements" has the meaning in sub-paragraph (6) .

(3) Where arrangements are made for the housing costs, which are met under this paragraph and which are normally paid for a period of 52 weeks, to be paid instead for a period of 53 weeks, or to be paid irregularly, or so that no such costs are payable or collected in certain periods, or so that the costs for different periods in the year are of different amounts, the weekly amount shall be the amount payable for the year divided by 52.

(4) Where the claimant or a member of his family–

(a) pays for reasonable repairs or redecoration to be carried out to the dwelling they occupy; and

(b) that work was not the responsibility of the claimant or any member of his family; and

then those costs shall, for a period not exceeding 8 weeks, be treated as payable.

(5) Where in England and Wales an amount calculated on a weekly basis in respect of housing costs specified in sub-paragraph (1)(e) (Crown tenants) includes water charges, that amount shall be reduced—

(a) where the amount payable in respect of water charges is known , by that amount;

(b) in any other case, by the amount which would be the likely weekly water charge had the property not been occupied by a Crown tenant.

(6) For the purposes of sub-paragraph (2)(c), “repairs and improvements” means any of the following measures undertaken with a view to maintaining the fitness of the dwelling for human habitation or, where the dwelling forms part of a building, any part of a building containing that dwelling—

(a) provision of a fixed bath, shower, wash basin, sink or lavatory, and necessary associated plumbing, including the provision of hot water not connected to a central heating system;

(b) repairs to existing heating system;

(d) provision of ventilation and natural lighting;

(e) provision of drainage facilities;

(f) provision of facilities for preparing and cooking food;

(g) provision of insulation of the dwelling occupied as the home;

(h) provision of electric lighting and sockets;

(i) provision of storage facilities for fuel or refuse;

(j) repairs of unsafe structural defects;

(k) adapting a dwelling for the special needs of a disabled person; or

(l) provision of separate sleeping accommodation for persons of different sexes aged 10 or over but under the age of 20 who live with the claimant and for whom the claimant or the claimant’s partner is responsible.

Non-dependant deductions

17

(1) Subject to the following provisions of this paragraph, the following deductions from the amount to be met under the preceding paragraphs of this Schedule in respect of housing costs shall be made—

(a) in respect of a non-dependant aged 18 or over who is engaged in any remunerative work, £131.45.

(b) in respect of a non-dependant aged 18 or over to whom paragraph (a) does not apply, £20.40.

(2) In the case of a non-dependant aged 18 or over to whom sub-paragraph (1)(a) applies because he is in remunerative work, where the claimant satisfies the Secretary of State that the non-dependant’s gross weekly income is—

(a) less than £192.00 the deduction to be made under this paragraph shall be the deduction specified in sub-paragraph (1)(b);

(b) not less than £192.00 but less than £279.00 the deduction to be made under this paragraph shall be £46.85

(d) not less than £365.00 but less than £485.00 the deduction to be made under this paragraph shall be £105.20;

(e) not less than £485.00 but less than £605.00 the deduction to be made under this paragraph shall be £119.85.

(2A) Where a non-dependant deduction is being made under the Loans for Mortgage Interest Regulations 2017, the amount of the deduction under sub-paragraph (1) or (2) is to be reduced by an amount equal to that non-dependant deduction.

(3) Only one deduction shall be made under this paragraph in respect of a couple or, as the case may be, the members of a polygamous marriage, and where, but for this sub-paragraph, the amount that would fall to be deducted in respect of one member of a couple or polygamous marriage is higher than the amount (if any) that would fall to be deducted in respect of the other, or any other member, the higher amount shall be deducted.

(4) In applying the provisions of sub-paragraph (2) in the case of a couple or, as the case may be, a polygamous marriage, regard shall be had, for the purpose of sub-paragraph (2), to the couple’s or, as the case may be, all the members of the polygamous marriage’s, joint weekly income.

(5) Where a person is a non-dependant in respect of more than one joint occupier of a dwelling (except where the joint occupiers are a couple or members of a polygamous marriage), the deduction in respect of that non-dependant shall be apportioned between the joint occupiers (the amount so apportioned being rounded to the nearest penny) having regard to the number of joint occupiers and the proportion of the housing costs in respect of the dwelling occupied as the home payable by each of them.

(6) No deduction shall be made in respect of any non-dependants occupying the dwelling occupied as the home of the claimant, if the claimant or any partner of his is—

(a) severely sight impaired or blind or treated as severely sight impaired or blind within the meaning of paragraph 14(1)(h) and (2) of Schedule 1 (additional condition for the higher pensioner and disability premiums); or

(b) receiving in respect of himself either–

(i) an attendance allowance, or

(ia) pension age disability payment, or

(ii) the care component of the disability living allowance, ...

(iia) the care component of child disability payment;

(iib) the care component of Scottish adult disability living allowance, or

(iii) the daily living component of personal independence payment; or

(iiia) the daily living component of adult disability payment;

(iv) armed forces independence payment.

(7) No deduction shall be made in respect of a non-dependant–

(a) if, although he resides with the claimant, it appears to the Secretary of State that the dwelling occupied as his home is normally elsewhere; or

(b) if he is in receipt of a training allowance paid in connection with youth training established under section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990; or

(c) if he is a full-time student during a period of study or, if he is not in remunerative work, during a recognised summer vacation appropriate to his course; or

(d) if he is aged under 25 and in receipt of an income-based jobseeker’s allowance or income support; or

(e) in respect of whom a deduction in the calculation of a rent rebate or allowance falls to be made under regulation 74 of the Housing Benefit Regulations 2006 (non-dependant deductions); or

(f) to whom, but for paragraph (5) of regulation 2 (definition of non-dependant) paragraph (4) of that regulation would apply; or

(g) if he is not residing with the claimant because he has been a patient for a period in excess of 52 weeks, or is a prisoner, and for these purposes—

(i) “patient” has the meaning given in paragraph 3(13)(b) and “prisoner” has the meaning given in regulation 85(4), and

(ii) in calculating any period of 52 weeks as a patient, any two or more distinct periods separated by one or more intervals each not exceeding 28 days shall be treated as a single period; ...

(h) if he is in receipt of state pension credit or

(i) he is aged less than 25 and is in receipt of employment and support allowance income-related which does not include an amount under section 4(4) ... of the Welfare Reform Act ... (component) and is not a member of the work-related activity group; or

(j) if he is aged less than 25 and is entitled to an award of universal credit which is calculated on the basis that he does not have any earned income

(8) In the case of a non-dependant to whom sub-paragraph (2) applies because he is in remunerative work, there shall be disregarded from his gross income—

(a) any attendance allowance , pension age disability payment , disability living allowance , Scottish adult disability living allowance , child disability payment , armed forces independence payment , personal independence payment or adult disability payment received by him;

(b) any Grenfell Tower payment , child abuse payment , Windrush payment , Post Office compensation payment , LGBT Financial Recognition Scheme payment or miscarriage of justice compensation paymentor any payment made under or by the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments)(No.2) Trust, the Fund, the Eileen Trust , MFET Limited , the Skipton Fund, the Caxton Foundation , the Scottish Infected Blood Support Scheme , an approved blood scheme , the London Emergencies Trust, the We Love Manchester Emergency Fund , the National Emergencies Trust or the Independent Living Fund (2006) which, had his income fallen to be calculated under regulation 103 (calculation of income other than earnings), would have been disregarded under paragraph 22 of Schedule 7 (income in kind); and

(c) any payment which, had his income fallen to be calculated under regulation 103 would have been disregarded under paragraph 41 of Schedule 7 (payments made under certain trusts and certain other payments).

(d) any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.

(9) For the purposes of sub-paragraph (7)(j), “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations 2013.

Continuity with Income Support

18

(1) For the purpose of providing continuity between income support or income-related employment and support allowance and a jobseeker’s allowance—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) had the award of a jobseeker’s allowance been an award of income support and the housing costs which would then have been met would have included an additional amount met in accordance with paragraph 7 of Schedule 3 to the Income Support Regulations (add back), an amount equal to that additional amount shall be added to the housing costs to be met under this Schedule, but that amount shall be subject to the same qualifications and limitations as it would have been had the award been of income support; and

(c) for the purposes of any linking rule or for determining whether any qualifying or other period is satisfied, any reference to a jobseeker’s allowance in this Schedule shall be taken also to include a reference to income support or income-related employment and support allowance.

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

Rounding of Fractions

19

Where any calculation made under this Schedule results in a fraction of a penny, that fraction shall be treated as a penny.

SCHEDULE 3 — THE GREATER LONDON AREA

The area described in this Schedule comprises—

(a) the Boroughs of

Barking and Dagenham

Barnet

Bexley

Brent

Bromley

Camden

City of Westminster

Croydon

Ealing

Enfield

Greenwich

Hackney

Hammersmith & Fulham

Haringey

Harrow

Havering

Hillingdon

Hounslow

Islington

Kensington and Chelsea

Kingston-upon-Thames

Lambeth

Lewisham

Merton

Newham

Redbridge

Richmond-upon-Thames

Southwark

Sutton

Tower Hamlets

Waltham Forest

Wandsworth;

(b) the City of London, the Inner Temple and the Middle Temple;

(c) in the County of Essex that part of the district of Epping Forest which comprises the parishes of Chigwell and Waltham Holy Cross;

(d) in the County of Hertfordshire, that part of the Borough of Broxbourne which lies south of Cheshunt Park, including Slipe Lane, and that part of the district of Hertsmere which comprises the former parishes of Elstree, Ridge, Shenley and South Mimms;

(e) in the County of Surrey, the Borough of Spelthorne and that part of the Borough of Elmbridge which was formerly administered by the Old Esher District Council.

SCHEDULE 4 — APPLICABLE AMOUNTS OF PERSONS IN RESIDENTIAL CARE AND NURSING HOMES

...

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

Residential care homes

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

Nursing homes

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

Circumstances in which the maximum is not to apply

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

Personal allowances

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

SCHEDULE 5 — APPLICABLE AMOUNTS IN SPECIAL CASES

Person other than claimant who is a patient

1

Subject to paragraphs 2 and 17, a person who has been a patient for more than 6 weeks and who is—

(a) a member of a couple and the other member is the claimant, or

1

(a) the applicable amount for a couple under regulation 83 reduced by £12:25;

2

(a) A claimant who is not a patient and who is a member of a family of which another member is a child or young person who has been a patient for a period of more than 12 weeks; or

2

(a) The amount applicable to him under regulation 83(b) except that the amount applicable under regulation 84(1)(c) in respect of the child or young person referred to in Column (1) of this paragraph shall be £12:25 instead of an amount Column (2)

Claimants Without Accommodation

3

A claimant who is without accommodation.

3

The amount applicable to him under regulation 83(a) (personal allowance) only.

Members of Religious Orders

4

A claimant who is a member of and fully maintained by a religious order.

4

Nil

Specified Cases of Temporarily Separated Couples

5

A claimant who is a member of a couple and who is temporarily separated from his partner, where—

(a) one member of the couple is–

(i) not a patient but is resident in a nursing home, or

(ii) resident in a residential care home, or

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

(iv) resident in accommodation provided under section 3 of and Part II of the Schedule to, the Polish Resettlement Act 1947 (provision of accommodation in camps)[^f00203],

(v) or participating in arrangements for training made under section 2 of the Employment and Training Act 1973[^f00204], or section 2 of the Enterprise and New Towns (Scotland) Act 1990[^f00205] or participating in an employment rehabilitation programme established under that section of the Act of 1973, where the course requires him to live away from the dwelling occupied as the home, or

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

(b) the other member of the couple is–

(i) living in the dwelling occupied as the home, or

(ii) a patient, or

(iii) in residential accommodation, or

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

5

Either—

(a) the amount applicable to him as a member of a couple under regulation 83; or

(b) the aggregate of his applicable amount and that of his partner assessed under the provisions of these Regulations as if each of them were a single claimant, or a lone parent.

whichever is the greater.

Polygamous Marriages where one or more partners are temporarily separated

6

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

(a) not a patient but is resident in a nursing home; or

(b) resident in a residential care home; or

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

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

6

Either—

(a) the amount applicable to the members of the polygamous marriage under regulation 84; or

(b) the aggregate of the amount applicable for the members of the polygamous marriage who remain in the home under regulation 84 and the amount applicable in respect of those members not in the home calculated as if each of them were a single claimant, or a lone parent,

whichever is the greater.

Single claimants temporarily in local authority accommodation

7

A single claimant who is temporarily in accommodation provided by a local authority of a kind specified in the definition of residential accommodation in regulation 85 (special cases).

7

£61.15 of which £13.35 is for personal expenses plus any amounts applicable under regulation 83 (f) and 87(2) and (3).

Couples and members of polygamous marriages where one member is or all are temporarily in local authority accommodation

8

—

(1) A claimant who is a member of a couple and temporarily separated from his partner where one of them is living in the home while the other is in accommodation provided by a local authority of a kind specified in the definition of residential accommodation in regulation 85 (special cases).

8

—

(1) The aggregate of the amount applicable for the member who remains in the home calculated as if he were a single claimant under regulation 83, 85 or 86 and in respect of the other member £61.15 of which £13.75 is for personal expenses.

Lone parents who are in residential accommodation temporarily

9

A claimant who is a lone parent who has entered residential accommodation temporarily.

9

£61.15 of which £13.75 is for personal expenses, plus—

(a) in respect of each child or young person who is a member of his family, the amount in respect of him prescribed in paragraph 2(a), (b), (c) or (d) of Schedule 1 or under this Schedule as appropriate; and

(b) any amount which would be applicable to the claimant if he were not temporarily living away from the dwelling occupied as his home, under regulation 83(d), (e) or (f) in so far as that amount relates to the lone parent premium under paragraph 9 of Schedule 1 or under regulation 87(2) or (3).

Couples where one member is absent from the United Kingdom

10

Subject to paragraph 11, a claimant who is a member of a couple and whose partner is temporarily absent from the United Kingdom.

10

For the first four weeks of that absence, the amount applicable to them as a couple under regulation 83 or 86 as the case may be and thereafter the amount applicable to the claimant in Great Britain under regulation 83 or 86 as the case may be as if the claimant were a single claimant or, as the case may be, a lone parent.

Couple or member of couple taking child or young person abroad for treatment

11

—

(1) A claimant who is a member of a couple where either–

(a) he or his partner is, or

(b) both he and his partner are absent from Great Britain in the circumstances specified in sub— paragraph (2),

(2) For the purpose of sub-paragraph (1), the specified circumstances are–

(a) the claimant is absent from the United Kingdom but is treated as available for an actively seeking employment in accordance with regulations 14(1) and 19(1);

(b) the claimant’s partner is absent from the United Kingdom and regulation 50(5) would have applied to him if he had claimed a jobseeker’s allowance.

11

For the first 8 weeks of that absence, the amount applicable to the claimant under regulation 83 or 86, as the case may be, and, thereafter, if the claimant is in Great Britain the amount applicable to him under regulation 83 or 86, as the case may be, as if the claimant were a single claimant, or, as the case may be, a lone parent.

Polygamous marriages where any member is abroad

12

Subject to paragraph 13 a claimant who is a member of a polygamous marriage where—

(a) he or one of his partners is, or

(b) he and one or more of his partners are, or

temporarily absent from the United Kingdom;

12

For the first four weeks of that absence, the amount applicable to the claimant under regulations 84 to 87, as the case may be, and thereafter, if the claimant is in Great Britain the amount applicable to him under regulations 84 to 87, as the case may be, as if any member of the polygamous marriage not in the United Kingdom were not a member of the marriage.

Polygamous marriage: taking child or young person abroad for treatment

13

—

(1) A claimant who is a member of a polygamous marriage where–

(a) he or one of his partners is,

(b) he and one of his partners are, or

had claimed a jobseeker’s allowance.

(2) For the purposes of sub-paragraph (1) the specified circumstances are–

(a) in respect of the claimant,

(b) he is absent from the United Kingdom but is treated as available for and actively seeking employment in accordance with regulations 14(1) and 19(1); or

(c) one or more of the members of the polygamous marriage is absent from the United Kingdom and regulation 50(5) would have applied to the absent partner if he

13

For the first 8 weeks of that absence, the amount applicable to the claimant under regulations 84 to 87, as the case may be, and thereafter, if the claimant is in Great Britain the amount applicable to him under regulations 84 to 87, as the case may be, as if any member of the polygamous marriage not in the United Kingdom were not a member of the marriage.

Persons from Abroad

14

Except in relation to a person from abroad to whom regulation 147 applies (urgent cases)—

(a) a person from abroad who is a single claimant or lone parent

14

(a) Nil.

Persons in residential accommodation

15

—

(1) Subject to sub-paragraph (2), a person in or only temporarily absent from residential accommodation who is—

(a) a single claimant;

15

–

(1) Any amount applicable under regulation 87(2) and (3), plus–

(a) £61.15 of which £13.75 is for personal expenses; regulation 87(2) and (3), plus £13.75.

Persons temporarily absent from a hostel, residential care or nursing home

16

Where a person is temporarily absent from accommodation for which he is liable to pay a retaining fee, and but for his temporary absence from that accommodation his applicable amount would be calculated in accordance with regulation 86 (applicable amounts for persons in residential care and nursing homes), and

(a) he is a person in accommodation provided by a local authority of a kind specified in the definition of residential accommodation in regulation 85(4) (special cases) and paragraph 15 does not apply to him by reason only that his stay in that accommodation has not become other than temporary; or

(b) he is a person to whom paragraph 1 or 2 (person other than claimant who is a patient) applies.

16

The amount otherwise applicable to him under these Regulations may be increased to take account of the retaining fee by an amount not exceeding 80 per cent of the applicable amount referred to in paragraph 1(1)(a) of Schedule 4 (applicable amounts of persons in residential care or nursing homes) and any such increase shall not be for a continuous period of more than 52 weeks;

Persons in residential care or nursing homes who become patients

17

A claimant to whom regulation 86 (persons in residential care or nursing homes) applies immediately before he or a member of his family became a patient where—

(a) he has been a patient for not more than 2 weeks or any member of his family has been a patient for not more than six weeks and the claimant—

17

Rounding of fractions

18

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

SCHEDULE 6 — SUMS TO BE DISREGARDED IN THE CALCULATION OF EARNINGS

1

(1) In the case of a claimant who has been engaged in remunerative work as an employed earner or, had the employment been in Great Britain, would have been so engaged—

(a) any earnings, other than items to which sub-paragraph (2) applies, paid or due to be paid from that employment which terminated before the first day of entitlement to a jobseeker’s allowance;

(b) any earnings, other than a payment of the nature described in sub-paragraph (2)(a) or (b)(ii), paid or due to be paid from that employment which has not been terminated where the claimant is not—

(i) engaged in remunerative work, or

(ii) suspended from his employment.

(2) This sub-paragraph applies to—

(a) any payment of the nature described in—

(i) regulation 98(1)(d), or

(ii) section 28, 64 or 68 of the Employment Rights Act 1996 (guarantee payments, suspension from work on medical or maternity grounds); and

(b) any award, sum or payment of the nature described in—

(i) regulation 98(1)(f) or (g), or

(ii) section 34 or 70 of the Employment Rights Act 1996 (guarantee payments and suspension from work: complaints to employment tribunals),

including any payment made following the settlement of a complaint to an employment tribunal or of court proceedings.

2

(1) In the case of a claimant to whom this paragraph applies, any earnings (other than items to which paragraph 1(2) applies) which relate to employment which ceased before the first day of entitlement to a jobseeker’s allowance whether or not that employment has terminated.

(2) This paragraph applies to a claimant who has been engaged in part-time employment as an employed earner or, had the employment been in Great Britain, would have been so engaged; but it does not apply to a claimant who has been suspended from his employment.

3

Any payment to which regulation 98(1)(f) applies—

(a) which is due to be paid more than 52 weeks after the date of termination of the employment in respect of which the payment is made; or

(b) which is a compensatory award within the meaning of section 118(1)(b) of the Employment Rights Act 1996 for so long as such an award remains unpaid and the employer is insolvent within the meaning of section 127 of that Act.

4

In the case of a claimant who has been engaged in remunerative work or part-time employment as a self-employed earner or, had the employment been in Great Britain, would have been so engaged and who has ceased to be so employed, from the date of the cessation of his employment any earnings derived from that employment except earnings to which regulation 95(2) (royalties etc.) applies.

5

(1) In a case to which this paragraph applies, £15; but notwithstanding regulation 88 (calculation of income and capital of members of claimant’s family and of a polygamous marriage), if this paragraph applies to a claimant it shall not apply to his partner except where, and to the extent that, the earnings of the claimant which are to be disregarded under this paragraph are less than £20.

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

(3) This paragraph applies where–

(a) the claimant is a member of a couple, and–

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

(ii) had he not been an in-patient ... ... his applicable amount would include the higher pensioner premium under that Schedule and had that been the case he would also satisfy the condition in (i) above; and

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

(4) This paragraph applies where–

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

(b) the claimant or, if he is a member of a couple, either he or his partner has attained the qualifying age for state pension credit; and

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

(d) he or, as the case may be, he or his partner has continued in part-time employment.

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

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) For the purposes of this paragraph–

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

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

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

(b) in a case where the claimant has ceased to be entitled to a jobseeker’s allowance, income support or an employment and support allowance because he, or if he is a member of a couple, he or his partner becomes engaged in remunerative work, no account shall be taken of any period, during which he was not entitled to a jobseeker’s allowance, income support or an employment and support allowance, not exceeding the permitted period, occurring on or after the date on which the claimant or, as the case may be, his partner attained the qualifying age for state pension credit;

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

6

In a case where the claimant is a lone parent and paragraph 5 does not apply, £20.

7

(1) In a case to which neither paragraph 5 or 6 applies to the claimant, and subject to sub-paragraph (2), where the claimant’s applicable amount includes an amount by way of the carer premium under Schedule 1 (applicable amounts), £20 of the earnings of the person who is, or at any time in the preceding eight weeks was, in receipt of carer’s allowance or carer support payment or treated in accordance with paragraph 17(2) of that Schedule as being in receipt of carer’s allowance.

(2) Where the carer premium is awarded in respect of the claimant and of any partner of his, their earnings shall for the purposes of this paragraph be aggregated, but the amount to be disregarded in accordance with sub-paragraph (1) shall not exceed £20 of the aggregated amount.

8

Where the carer premium is awarded in respect of a claimant who is a member of a couple and whose earnings are less than £20, but is not awarded in respect of the other member of the couple, and that other member is engaged in an employment—

(a) specified in paragraph 9(1), so much of the other member’s earnings as would not when aggregated with the amount disregarded under paragraph 7 exceed £20;

(b) other than one specified in paragraph 9(1), so much of the other member’s earnings from such other employment up to £5 as would not when aggregated with the amount disregarded under paragraph 7 exceed £20.

9

(1) In a case to which none of paragraphs 5 to 8 applies to the claimant, £20 of earnings derived from one or more employments as—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ab) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a) a part-time fire-fighter employed by a fire and rescue authority under the Fire and Rescue Services Act 2004 or by the Scottish Fire and Rescue Service established under section 1A of the Fire (Scotland) Act 2005;

(b) an auxiliary coastguard in respect of coast rescue activities;

(d) a member of any ... reserve force prescribed in Part I of Schedule 6 to the Social Security (Contributions) Regulations 2001;

but, notwithstanding regulation 88 (calculation of income and capital of members of claimant’s family and of a polygamous marriage), if this paragraph applies to a claimant it shall not apply to his partner except to the extent specified in sub-paragraph (2).

(2) If the claimant’s partner is engaged in employment–

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

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

10

Where the claimant is engaged in one or more employments specified in paragraph 9(1) but his earnings derived from such employments are less than £20 in any week and he is also engaged in any other part-time employment, so much of his earnings from that other employment up to £5 as would not in aggregate with the amount of his earnings disregarded under paragraph 9 exceed £20.

11

Where the claimant is a member of a couple ...–

(a) in a case to which none of paragraphs 5 to 10 applies, £10; but, notwithstanding regulation 88 (calculation of income and capital of members of a claimant’s family and of a polygamous marriage), if this paragraph applies to a claimant it shall not apply to his partner except where, and to the extent that, the earnings of the claimant which are to be disregarded under this sub-paragraph are less than £10;

(b) in a case to which one or more of paragraphs 5 to 10 applies and the total amount disregarded under those paragraphs is less than £10, so much of the claimant’s earnings as would not in aggregate with the amount disregarded under paragraphs 5 to 10 exceed £10.

12

In a case to which none of paragraphs 5 to 11 applies to the claimant, £5.

13

Notwithstanding the foregoing provisions of this Schedule, where two or more payments of the same kind and from the same source are to be taken into account in the same benefit week, because it has not been practicable to treat the payments under regulation 96(1)(b) (date on which income treated as paid) as paid on the first day of the benefit week in which they were due to be paid, there shall be disregarded from each payment the sum that would have been disregarded if the payment had been taken into account on the date on which it was due to be paid.

14

Any earnings derived from employment which are payable in a country outside the United Kingdom for such period during which there is a prohibition against the transfer to the United Kingdom of those earnings.

15

Where a payment of earnings is made in a currency other than sterling, any banking charge or commission payable in converting that payment into sterling.

16

Any earnings which are due to be paid before the date of claim and which would otherwise fall to be taken into account in the same benefit week as a payment of the same kind and from the same source.

17

Any earnings of a child or young person except earnings to which paragraph 18 applies.

18

In the case of earnings of a child or young person who although not receiving full-time education for the purposes of section 142 of the Benefits Act (meaning of “child") is nonetheless treated for the purposes of these Regulations as receiving relevant education and who is engaged in remunerative work–

(a) if an amount by way of a disabled child premium under Schedule 1 (applicable amounts) is... included in the calculation of his applicable amount and his earning capacity is not, by reason of his disability, less than 75 per cent. of that which he would, but for that disability, normally be expected to earn, £20;

(b) in any other case, £5.

19

(1) In the case of a contribution-based jobseeker’s allowance, where by reason of earnings to which sub-paragraph (3) applies (in aggregate with the claimant’s other earnings (if any) calculated in accordance with this Part) the claimant would (apart from this paragraph) have a personal rate of less than 10 pence, the amount of such earnings but only to the extent that that amount exceeds the claimant’s personal rate less 10 pence.

(2) In the case of an income-based jobseeker’s allowance, where earnings to which sub-paragraph (3) applies (in aggregate with the claimant’s other income (if any) calculated in accordance with this Part) exceed the applicable amount less 10 pence, the amount of those earnings corresponding to that excess.

(3) This sub-paragraph applies to earnings, in so far as they exceed the amount disregarded under paragraph 9, derived by the claimant from employment as a member of any ... reserve force prescribed in Part 1 of Schedule 6 to the Contributions Regulations in respect of a period of annual continuous training for a maximum of 15 days in any calendar year or in respect of training in the claimant’s first year of training as a member of a reserve force for a maximum of 43 days in that year.

(4) In sub-paragraph (1), “personal rate” means the rate for the claimant calculated as specified in section 4(1) of the Act.

20

In this Schedule “part-time employment" means employment in which the person is not to be treated as engaged in remunerative work under regulation 52 or 53 (persons treated as engaged, or not engaged, in remunerative work).

21

In paragraph 5(7)(b) “permitted period" means a period determined in accordance with regulation 3A of the Income Support Regulations , as it has effect by virtue of regulation 87(7) of these Regulations.

SCHEDULE 7 — SUMS TO BE DISREGARDED IN THE CALCULATION OF INCOME OTHER THAN EARNINGS

1

Any amount paid by way of tax on income which is taken into account under regulation 103 (calculation of income other than earnings).

2

Any payment in respect of any expenses incurred, or to be incurred, by a claimant who is—

(a) engaged by a charitable or voluntary organisation; or

(b) a volunteer,

if he otherwise derives no remuneration or profit from the employment and is not to be treated as possessing any earnings under regulation 105(13) (notional income).

3

In the case of employment as an employed earner, any payment in respect of expenses wholly, exclusively and necessarily incurred in the performance of the duties of the employment.

4

In the case of a payment of statutory paternity pay by virtue of Part 12ZA of the Benefits Act, statutory adoption pay by virtue of Part 12ZB of the Benefits Act, statutory shared parental pay by virtue of Part 12ZC of the Benefits Act, statutory parental bereavement pay by virtue of Part 12ZD of the Benefits Act, statutory neonatal care pay by virtue of Part 12ZE of the Benefits Act,statutory sick pay or statutory maternity pay or any remuneration paid by or on behalf of an employer to the claimant who for the time being is unable to work due to illness or maternity or who is taking paternity leave , adoption leave , shared parental leave , neonatal care leave or parental bereavement leave —

(a) any amount deducted by way of primary Class 1 contributions under the Benefits Act;

(b) one-half of any sum paid by the claimant by way of a contribution towards an occupational or personal pension scheme.

5

In the case of the payment of statutory sick pay or statutory maternity pay under Parts XI or XII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 , or a payment under any enactment having effect in Northern Ireland corresponding to a payment of statutory paternity pay statutory shared parental pay or statutory adoption pay –

(a) any amount deducted by way of primary Class 1 contributions under that Act;

(b) one-half of any sum paid by way of a contribution towards an occupational or personal pension scheme.

6

Any housing benefit to which the claimant is entitled.

7

The mobility component of disability living allowance , the mobility component of personal independence payment or the mobility component of adult disability payment.

8

Any concessionary payment made to compensate for the non-payment of—

(a) any payment specified in paragraph 7 or 10;

(b) income support;

(d) an income-related employment and support allowance; or

(e) universal credit.

9

Any mobility supplement or any payment intended to compensate for the non-payment of such a supplement.

10

Any attendance allowance , the care component of disability living allowance , the daily living component of personal independence payment or the daily living component of adult disability payment ....

11

Any payment to the claimant as holder of the Victoria Cross or George Cross or any analogous payment.

12

(1) Any payment—

(a) by way of an education maintenance allowance made pursuant to—

(i) regulations made under section 518 of the Education Act 1996;

(ii) regulations made under section 49 or 73(f) of the Education (Scotland) Act 1980;

(iii) directions made under section 73ZA of the Education (Scotland) Act 1980 and paid under section 12(2)(c) of the Further and Higher Education (Scotland) Act 1992; ...

(b) corresponding to such an education maintenance allowance, made pursuant to—

(i) section 14 or section 181 of the Education Act 2002; or

(ii) regulations made under section 181 of that Act; or

(2) Any payment, other than a payment to which sub-paragraph (1) applies, made pursuant to—

(a) regulations made under section 518 of the Education Act 1996;

(b) regulations made under section 49 of the Education (Scotland) Act 1980; or

(c) directions made under section 73ZA of the Education (Scotland) Act 1980 and paid under section 12(2)(c) of the Further and Higher Education (Scotland) Act 1992,

in respect of a course of study attended by a child or a young person or a person who is in receipt of an education maintenance allowance or other payment made pursuant to any provision specified in sub-paragraph (1).

13

In the case of a claimant to whom regulation 11 (part-time students) applies, any sums intended for any expenditure specified in paragraph (2) of regulation 131 (calculation of grant income) necessary as a result of his attendance on his course.

14

(1) Any payment made pursuant to section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990 except a payment—

(a) made as a substitute for income support, a jobseeker’s allowance, incapacity benefit, severe disablement allowance or employment and support allowance;

(b) of an allowance referred to in section 2(3) of the Employment and Training Act 1973 or section 2(5) of the Enterprise and New Towns (Scotland) Act 1990;

(c) intended to meet the cost of living expenses which relate to any one or more of the items specified in sub-paragraph (2) whilst a claimant is participating in an education, training or other scheme to help him enhance his employment prospects unless the payment is a Career Development Loan paid pursuant to section 2 of the Employment and Training Act 1973 and the period of education or training or the scheme, which is supported by that loan, has been completed; or

(d) made in respect of the cost of living away from home to the extent that the payment relates to rent for which housing benefit is payable in respect of accommodation which is not normally occupied by the claimant as his home.

(2) The items specified in this sub-paragraph for the purposes of sub-paragraph (1)(c) are food, ordinary clothing or footwear, household fuel, rent for which housing benefit is payable, or any housing costs to the extent that they are met under regulation 83(f) or 84(1)(g) (housing costs), of the claimant or, where the claimant is a member of a family, any other member of his family, or any council tax or water charges for which that claimant or member is liable.

(3) For the purposes of this paragraph, “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities.

15

(1) Subject to sub-paragraph (3) and paragraph 41, any relevant payment made or due to be made at regular intervals.

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

(3) Sub-paragraph (1) shall not apply–

(a) to a payment which is made by a person for the maintenance of any member of his family or of his former partner or of his children;

(b) to a payment made–

(i) to a person who is, or would be, prevented from being entitled to a jobseeker’s allowance by section 14 (trade disputes); or

(ii) to a member of the family of such a person where the payment is made by virtue of that person’s involvement in the trade dispute.

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

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

(5A) In this paragraph, “relevant payment” means—

(a) a charitable payment;

(b) a voluntary payment;

(c) a payment (not falling within sub-paragraph (a) or (b) above) from a trust whose funds are derived from a payment made in consequence of any personal injury to the claimant;

(d) a payment under an annuity purchased—

(i) pursuant to any agreement or court order to make payments to the claimant; or

(ii) from funds derived from a payment made,

in consequence of any personal injury to the claimant; or

(e) a payment (not falling within sub-paragraphs (a) to (d) above) received by virtue of any agreement or court order to make payments to the claimant in consequence of any personal injury to the claimant.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16

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

17

Subject to paragraphs 38 and 39, £10 of any of the following, namely—

(a) a war disablement pension (except insofar as such a pension falls to be disregarded under paragraph 9 or 10);

(b) a war widow’s pension or war widower’s pension;

(c) a pension payable to a person as a widow, widower or surviving civil partner under any power of Her Majesty otherwise than under an enactment to make provision about pensions for or in respect of persons who have been disabled or have died in consequence of service as members of the armed forces of the Crown;

(d) a guaranteed income payment and, if the amount of that payment has been abated to less than £10 by a pension or payment falling within article 31(1)(a) or (b) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005, so much of that pension or payment as would not, in aggregate with the amount of any guaranteed income payment disregarded, exceed £10;

(e) a payment made to compensate for the non-payment of such a pension or payment as is mentioned in any of the preceding sub-paragraphs;

(f) a pension paid by the government of a country outside Great Britain which is analogous to any of the pensions or payments mentioned in sub-paragraphs (a) to (d) above;

(g) a pension paid by a government to victims of National Socialist persecution;

(h) any widowed mother’s allowance paid pursuant to section 37 of the Benefits Act;

(i) any widowed parent’s allowance paid pursuant to section 39A of the Benefits Act.

18

Where a claimant receives income under an annuity purchased with a loan which satisfies the following conditions—

(a) that the loan was made as part of a scheme under which not less than 90 per cent. of the proceeds of the loan were applied to the purchase by the person to whom it was made of an annuity ending with his life or with the life of the survivor of two or more persons (in this paragraph referred to as “the annuitants") who include the person to whom the loan was made;

(b) that the interest on the loan is payable by the person to whom it was made or by one of the annuitants;

(c) that at the time the loan was made the person to whom it was made or each of the annuitants had attained the age of 65 or, if it was higher at that time, pensionable age ;

(d) that the loan was secured on a dwelling in Great Britain and the person to whom the loan was made or one of the annuitants owns an estate or interest in that dwelling; and

(e) that the person to whom the loan was made or one of the annuitants occupies the accommodation on which it was secured as his home at the time the interest is paid,

the amount, calculated on a weekly basis equal to—

(i) where, or insofar as, section 369 of the Income and Corporation Taxes Act 1988 (mortgage interest payable under deduction of tax) applies to the payments of interest on the loan, the interest which is payable after deduction of a sum equal to income tax on such payments at the applicable percentage of income tax within the meaning of section 369(1A) of that Act;

(ii) in any other case the interest which is payable on the loan without deduction of such a sum.

19

Any payment made to the claimant by a person who normally resides with the claimant, which is a contribution towards that person’s living and accommodation costs, except where that person is residing with the claimant in circumstances to which paragraph 20 or 21 refers.

20

Where the claimant occupies a dwelling as his home and the dwelling is also occupied by another person and there is a contractual liability to make payments to the claimant in respect of the occupation of the dwelling by that person or a member of his family—

(a) where the aggregate of any payments made in respect of any one week in respect of the occupation of the dwelling by that person or a member of his family, or by that person and a member of his family, is less than £20, the whole of that amount; or

(b) where the aggregate of any such payments is £20 or more per week, £20.

21

Where the claimant occupies a dwelling as his home and he provides in that dwelling board and lodging accommodation, an amount, in respect of each person for whom such accommodation is provided for the whole or any part of a week, equal to—

(a) where the aggregate of any payments made in respect of any one week in respect of such accommodation provided to such person does not exceed £20, 100% of such payments; or

(b) where the aggregate of any such payments exceeds £20, £20 and 50% of the excess over £20.

22

(1) Subject to sub-paragraphs (2) and (3) , except where regulation 103(6)(b) (provision of support under section 95 or 98 of the Immigration and Asylum Act including support provided by virtue of regulations made under Schedule 9 to that Act in the calculation of income other than earnings) or regulation 105(10)(a)(i) (notional income) applies or in the case of a payment made—

(a) to a person who is, or would be, prevented from being entitled to a jobseeker’s allowance by section 14 (trade disputes); or

(b) to a member of the family of such a person where the payment is made by virtue of that person’s involvement in the trade dispute,

any income in kind.

(2) The exceptions under sub-paragraph (1) shall not apply where the income in kind is a Grenfell Tower payment , a child abuse payment or a Windrush payment or is received from the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Fund, the Eileen Trust , MFET Limited , the Skipton Fund, the Caxton Foundation , the Scottish Infected Blood Support Scheme , an approved blood scheme , the London Emergencies Trust, the We Love Manchester Emergency Fund , the National Emergencies Trust or the Independent Living Fund (2006).

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