79.—(1) In the case of a contribution-based jobseeker’s allowance, the age-related amount applicable to a claimant for the purposes of Article 6(1)(a) of the Order (amount payable by way of a jobseeker’s allowance) shall be—
(a)in the case of a person who has not attained the age of 18, £28·85 per week;
(b)in the case of a person who has attained the age of 18 but not the age of 25, £37·90 per week;
(c)in the case of a person who has attained the age of 25, £47·90 per week.
(2) Where the amount of any contribution-based jobseeker’s allowance would, but for this paragraph, include a fraction of one penny, that fraction shall be treated as one penny.
80.—(1) The deduction in respect of earnings which falls to be made in accordance with Article 6(1)(b) of the Order from the amount which, apart from this regulation, would be payable by way of a contribution-based jobseeker’s allowance for any week is an amount equal to the weekly amount of the claimant’s earnings calculated in accordance with Part VIII (income and capital).
(2) For the avoidance of doubt, in calculating the amount of earnings for the purposes of this regulation, only the claimant’s earnings shall be taken into account.
81.—(1) The deduction in respect of pension payments from the amount which apart from this regulation would be payable to a claimant by way of a contribution-based jobseeker’s allowance for any week shall be a sum equal to the amount by which that payment exceeds or, as the case may be, the aggregate of those payments exceed £50 per week.
(2) In determining the amount of any pension payments for the purposes of paragraph (1), there shall be disregarded—
(a)where pension payments first begin to be made to a person for a period starting other than at the beginning of the first week for which they are made, the pension payments for that week;
(b)where pension payments are already in payment to a person and a change in the rate of payment takes effect in a week other than from the beginning of the week, the amount of any increase in the pension payments for that week arising from that change, and
(c)any pension payments payable to him which arose in accordance with the terms of a personal pension scheme on the death of a person who was a member of that scheme.
(3) Subject to the provisions of paragraph (2), where a pension payment, or an aggregate of such payments, as the case may be, is paid to a person for a period other than a week, such payments shall be treated as being made to that person by way of weekly pension payments and the weekly amount shall be determined—
(a)where payment is made for a year, by dividing the total by 52;
(b)where payment is made for 3 months, by dividing the total by 13;
(c)where payment is made for a month, by multiplying the total by 12 and dividing the result by 52;
(d)where payment is made for 2 or more months, otherwise than for a year or for 3 months, by dividing the total by the number of months, multiplying the result by 12 and dividing the result of that multiplication by 52, or
(e)in any other case, by dividing the amount of the payment by the number of days in the period for which it is made and multiplying the result by 7.
82. Regulations 83 to 87 apply in the case of an income-based jobseeker’s allowance.
83. Except in the case of a claimant to whom regulation 84, 85 or 86 or Part X (applicable amounts in other cases and urgent cases) applies, a claimant’s weekly applicable amount shall be the aggregate of such of the following amounts as may apply in his case—
(a)an amount in respect of himself or if he is a member of a couple, an amount in respect of both of them, determined in accordance with paragraph 1(1), (2) or (3), as the case may be, of Schedule 1;
(b)an amount determined in accordance with paragraph 2 of Schedule 1 in respect of any child or young person who is a member of his family, excluding a child or young person whose capital, if calculated in accordance with Part VIII (income and capital) in like manner as for the claimant would exceed £3,000, but including a child whose capital falls to be treated as income in accordance with regulation 106(1) (modification in respect of children and young persons);
(c)an amount in respect of himself, or where the claimant is a member of a family, an amount in respect of any member of the family aged 16 or over determined in accordance with paragraph 3 of Schedule 1 (residential allowance);
(d)where he is a member of a family of which at least one member is a child or young person, an amount determined in accordance with Part II of Schedule 1 (family premium);
(e)the amount of any premiums which may be applicable to him, determined in accordance with Parts III and IV of Schedule 1 (premiums), and
(f)any amounts determined in accordance with Schedule 2 (housing costs) which may be applicable to him in respect of mortgage interest payments or such other housing costs as are prescribed in that Schedule.
84.—(1) Except in the case of a claimant to whom regulation 83, 85 or 86 (applicable amounts in special cases and for those in residential care and nursing homes) or Part X (urgent cases) or paragraph (2) applies, where a claimant is a member of a polygamous marriage his weekly applicable amount shall be the aggregate of such of the following amounts as may apply in his case—
(a)the highest amount applicable to him and one of his partners determined in accordance with paragraph 1(3) of Schedule 1 as if he and that partner were a couple;
(b)an amount equal to the difference between the amounts specified in paragraph 1(1)(e) and (3)(e) of Schedule 1 in respect of each of his other partners;
(c)an amount determined in accordance with paragraph 2 of Schedule 1 (applicable amounts) in respect of any child or young person for whom he or a partner of his is responsible and who is a member of the same household except a child or young person whose capital, if calculated in accordance with Part VIII (income and capital) in like manner as for the claimant, would exceed £3,000, but including a child whose capital falls to be treated as income in accordance with regulation 106(1) (modification in respect of children and young persons);
(d)an amount, whether in respect of the claimant or any member of his household aged 16 or over, determined in accordance with paragraph 3 of Schedule 1 (residential allowance);
(e)if he or another partner of the polygamous marriage is responsible for a child or young person who is a member of the same household, the amount specified in Part II of Schedule 1 (family premium);
(f)the amount of any premiums which may be applicable to him determined in accordance with Parts III and IV of Schedule 1 (premiums), and
(g)any amounts determined in accordance with Schedule 2 (housing costs) which may be applicable to him in respect of mortgage interest payments or such other housing costs as are prescribed in that Schedule.
(2) In the case of a partner who is aged less than 18 the amount which applies in respect of that partner shall be nil unless that partner—
(a)is treated as responsible for a child, or
(b)is a person who, had he not been a member of a polygamous marriage, would have qualified for a jobseeker’s allowance by virtue of Article 5(1)(f)(ii) or (iii) of the Order and the regulations made thereunder (jobseeker’s allowance for persons aged 16 or 17).
85.—(1) In the case of a person to whom any paragraph in column (1) of Schedule 4 (applicable amounts in special cases) applies the amount included in the claimant’s weekly applicable amount in respect of him shall be the amount prescribed in the corresponding paragraph in column (2) of that Schedule but excluding an amount for a child or young person whose capital if calculated in accordance with Part VIII (income and capital) in like manner as for the claimant, would exceed £3,000, but including an amount for a child or young person whose capital falls to be treated as income in accordance with regulation 106(1) (modification in respect of children and young persons).
(2) Except where the amount prescribed in Schedule 4 in respect of a person to whom paragraph (1) applies includes an amount applicable under regulation 83(e) or 84(1)(f) (polygamous marriages) a person to whom paragraph (1) applies shall be treated as not falling within the conditions specified in paragraph 15 of Schedule 1 (severe disability premium).
(3) In Schedule 4, for the purposes of paragraphs 1, 2 and 17 (persons in residential care or nursing homes who become patients), where a person has been a patient for 2 or more distinct periods separated by one or more intervals each not exceeding 28 days, he shall be treated as having been a patient continuously for a period equal in duration to the total of those distinct periods.
(4) In this regulation and Schedule 4—
“person from abroad” means a person, who—
has a limited leave as defined in section 33(1) of the Immigration Act 1971(1) (hereinafter referred to as “the 1971 Act”) to enter or remain in the United Kingdom which was given in accordance with any provision of the immigration rules (as defined in that section) which refers to there being, or to there needing to be, no recourse to public funds or to there being no charge on public funds during that limited leave; but this sub-paragraph shall not apply to a person who is a national of a Member State, a state which is a signatory to the European Convention on Social and Medical Assistance (done in Paris on 11th December 1953)(2) or a state which is a signatory to the Council of Europe Social Charter (signed in Turin on 18th October 1961)(3), unless, in the case of a national of a state which is a signatory of that European Convention, he has made an application for the conditions of his leave to remain in the United Kingdom to be varied, and that application has not been determined or an appeal from that application is pending under Part II of the 1971 Act (appeals);
having a limited leave (as defined in section 33(1) of the 1971 Act) to enter or remain in the United Kingdom, has remained without further leave under that Act beyond the time limited by the leave;
is the subject of a deportation order being an order under section 5(1) of the 1971 Act (deportation) requiring him to leave and prohibiting him from entering the United Kingdom;
is adjudged by the immigration authorities to be an illegal entrant (as defined in section 33(1) of the 1971 Act) who has not subsequently been given leave under that Act to enter or remain in the United Kingdom;
has been allowed temporary admission to the United Kingdom by virtue of paragraph 21 of Schedule 2 to the 1971 Act;
has been allowed temporary admission to the United Kingdom by the Secretary of State outside any provision of the 1971 Act;
has not had his immigration status determined by the Secretary of State, or
is a national of a Member State and is required by the Secretary of State to leave the United Kingdom;
“person from abroad” also means a claimant who is not habitually resident in the United Kingdom, the Republic of Ireland, the Channel Islands or the Isle of Man, but for this purpose, no claimant shall be treated as not habitually resident in the United Kingdom who is—
a worker for the purposes of Council Regulation (EEC) No. 1612/68 or (EEC) No. 1251/70 or a person with a right to reside in the United Kingdom pursuant to Council Directive No. 68/360/EEC or No. 73/148/EEC;
a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951(4), as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967(5), or
a person who has been granted exceptional leave(6) to remain in the United Kingdom by the Secretary of State;
“patient” means a person (other than a prisoner) who is regarded as receiving free in-patient treatment within the meaning of the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 1975(7);
“prisoner” means a person who—
is detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court, or
is on temporary release in accordance with the provisions of the Prison (Northern Ireland) Act 1953(8),
other than a person whose detention is under the provisions of the Mental Health (Northern Ireland) Order 1986;
“residential accommodation” means, subject to paragraphs (5) and (6), accommodation provided or arranged by the Department under Article 15 or 36 of the 1972 Order(9) in a home owned or managed by a Health and Social Services Board or an HSS trust where the accommodation is provided for a person whose stay in that accommodation has become other than temporary.
(5) Where a person—
(a)is in, or only temporarily absent from, residential accommodation within the meaning of paragraph (4) and that accommodation subsequently becomes a residential care home, or
(b)on 31st March 1993 was in or was only temporarily absent from accommodation of a kind mentioned in regulation 21(3B) and (3C) of the Income Support Regulations(10) (special cases),
that person shall continue to be treated as being in residential accommodation within the meaning of paragraph (4) if, and for so long as, the Department is under a duty to provide or make arrangements for providing accommodation for that person and, in the case of a person to whom sub-paragraph (a) applies, he remains in the same accommodation.
(6) A person who would, but for this paragraph, be in residential accommodation within the meaning of paragraph (4) shall be treated as not being in residential accommodation where, except where he is a person to whom paragraph (5)(b) applies, he is in accommodation where—
(a)no cooked or prepared food is made available to him in consequence solely of his paying the charge for the accommodation or any other charge which he is required to pay as a condition of occupying the accommodation, or both of those charges, or
(b)such food is actually made available for his consumption on payment of a further charge or charges.
86.—(1) Where a person has a preserved right and either—
(a)lives in a residential care home or nursing home, or
(b)is a member of a family and he and the members of his family live in such a home,
his weekly applicable amount shall, except in a case to which regulation 85 (special cases) applies, be calculated in accordance with Schedule 3 (applicable amounts for persons in residential care and nursing homes).
(2) A person has a preserved right for the purposes of this regulation if he satisfies the requirements for a preserved right under regulation 19 (circumstances in which a person is to be treated as actively seeking work) of, and Schedule 4 to, the Income Support Regulations.
(3) In Schedule 4, “temporary absence” means—
(a)in the case of a person who has a preserved right and to whom regulation 19(2) of the Income Support Regulations applies, 52 weeks, and
(b)in any other case, 13 weeks.
(4) In Schedule 4 the expressions “mental disorder”, “mental handicap”, “drug or alcohol dependence” and “disablement” have the same meanings as those expressions have for the purposes of the 1972 Order and regulations made thereunder.
(5) Notwithstanding paragraphs (1) to (4), where—
(a)a person has been registered under Part II of the Registered Homes Order in respect of premises which have been carried on as a residential care home or, as the case may be, registered under Part III of that Order in respect of premises which have been carried on as a nursing home, and that person has ceased to carry on such a home, and
(b)an application for registration under that Order has been made by another person and that application has not been determined or abandoned,
the applicable amount of a person resident in those premises shall be determined under Schedule 4 as if the most recent registration under Part II or, as the case may be, Part III of the Registered Homes Order in respect of those premises continued until the day on which the application is determined or abandoned.
87.—(1) In the case of a person who, before 7th October 1996, was entitled to a special transitional addition or transitional addition in accordance with the Income Support (Transitional) Regulations (Northern Ireland) 1987(11), the amount of any income-based jobseeker’s allowance payable to him shall be increased by an amount equal to those additions, but the increase shall continue to be payable only for so long as the claimant continues to satisfy the requirements imposed in those regulations for payment of the addition.
(2) A claimant’s weekly applicable amount shall include an amount (the “protected sum”) equal to any protected sum which would have been applicable in his case under regulation 17(1)(g) or 18(1)(h) of, and Schedules 3A and 3B to, the Income Support Regulations(12) had he been entitled to income support and not a jobseeker’s allowance.
(3) In the case of any person who, had he been entitled to income support and not a jobseeker’s allowance, would in any week have had a higher applicable amount, in accordance with regulation 17(2) to (6A) of the Income Support Regulations(13), than the amount applicable to him in accordance with regulation 82 or, as the case may be, 83 then that amount shall be substituted for the applicable amount determined under that regulation.
(4) Paragraph (5) applies to a person who, had he been entitled to income support and not a jobseeker’s allowance, would have been a person to whom any of the following transitional or savings provisions would have applied—
(a)the Income Support (General) (Amendment No. 4) Regulations (Northern Ireland) 1993(14) (“the 1993 Regulations”), regulation 4;
(b)the Income-Related Benefits (Miscellaneous Amendments) Regulations (Northern Ireland) 1995(15) (“the 1995 Regulations”), regulation 3.
(5) Where this paragraph applies, the amount of housing costs applicable in the particular case shall be determined as if, in Schedule 2—
(a)in a case to which regulation 4(1) of the 1993 Regulations would have applied, paragraph 10(4) to (9) was omitted;
(b)in a case to which regulation 4(4) of the 1993 Regulations would have applied, in paragraph 10(4) for the reference to £100,000 there was substituted a reference to £150,000, and
(c)in a case to which the 1995 Regulations apply, in paragraph 10(4) for the reference to £100,000 there was substituted a reference to £125,000.
(6) In determining for the purposes of this regulation whether, if the claimant were entitled to income support—
(a)an amount would be applicable;
(b)an amount would be payable, or
(c)if an amount was payable, the rate at which it would be payable,
any requirement that the person be entitled to income support, or to income support for any period of time, shall be treated as if the reference to income support included also a reference to an income-based jobseeker’s allowance.
(7) For the purposes of applying paragraph (6), regulation 3A of the Income Support Regulations(16) shall have effect—
(a)as if in paragraph (1)(a), after “permitted period” there was inserted “subject to paragraph (2A)”, and
(b)with the addition after paragraph (1) of the following paragraphs—
“(2A) Subject to paragraph (2B), where the claimant or his partner has ceased to be engaged in remunerative work, the permitted period shall be 8 weeks if—
(a)a jobseeker’s allowance was not payable to the claimant in the circumstances mentioned in Article 21(6)(a) or (b) of the Jobseekers Order (employment left voluntarily or lost through misconduct);
(b)the claimant or his partner has ceased to be engaged in that work within 4 weeks of beginning it, or
(c)at any time during the period of 13 weeks immediately preceding the beginning of that work, the person who has ceased to be engaged in it—
(i)was engaged in remunerative work;
(ii)was in relevant education, or
(iii)was a student.
(2B) Paragraph (2A)(b) or (c) shall not apply in the case of a person who, by virtue of regulation 74 of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996, is a person to whom Article 21(6)(b) of the Jobseekers Order does not apply.
(2C) In this regulation, “remunerative work” means remunerative work for the purposes of the Jobseekers Order.”.
1971 c. 77, as amended by the British Nationality Act 1981 (c. 61), section 39 and Schedule 4
Cmnd. 9512
Cmnd. 2643
Cmnd. 9171
Cmnd. 3906
See Home Office evidence to the House of Commons Home Affairs Committee, Sub-committee on Race Relations and Immigration (SCORRI) 1984-85 Session; 17th December 1984; paragraphs 44 to 47
S.R. 1975 No. 109; relevant amending regulations are S.R. 1987 No. 39
S.I. 1972/1265 (N.I. 14); Article 15 was extended by sections 1 and 2 of the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978 and amended by Schedule 5 to the Health and Personal Social Services (Northern Ireland) Order 1991 and paragraph 2(2) of Schedule 1 to the Registered Homes (Northern Ireland) Order 1992. Article 36 was substituted by Article 25 of the Health and Personal Social Services (Northern Ireland) Order 1991 and amended by paragraph 2(3) to (5) of Schedule 1 to the Registered Homes (Northern Ireland) Order 1992
Paragraphs (3B) and (3C) were inserted by S.R. 1993 No. 165 and amended by S.R. 1994 No. 65
Schedule 3A was inserted by S.R. 1988 No. 318. Schedule 3B was inserted by S.R. 1989 No. 139
Paragraphs (2) to (6) were added by S.R. 1988 No. 193 and amended by S.R. 1989 No. 395 and S.R. 1993 No. 149. Paragraph (6A) was inserted by S.R. 1989 No. 395
Regulation 3A was inserted by S.R. 1989 No. 395; relevant amending regulations are S.R. 1995 No. 434 and S.R. 1996 No. 199