8. In regulation 43A of the principal Regulations (diminishing notional capital rule)(1)—
(a)in paragraph (3)—
(i)at the end of sub-paragraph (c) “and” shall be omitted;
(ii)in sub-paragraph (d) for “(notional capital)” there shall be substituted “(notional capital), and;”, and
(iii)after sub-paragraph (d) there shall be added the following sub-paragraph—
“(e)where the claimant has also claimed a jobseeker’s allowance, the amount of an income-based jobseeker’s allowance to which he would have been entitled in respect of the benefit week to which paragraph (2) refers but for the application of regulation 113 of the Jobseekers Allowance Regulations (Northern Ireland) 1996 (notional capital);”(2).
(b)in paragraph (4)—
(i)at the end of sub-paragraph (c) “and” shall be omitted;
(ii)in sub-paragraph (d)(ii) for “so entitled” there shall be substituted “so entitled; and”, and
(iii)after sub-paragraph (d) there shall be added the following sub-paragraph—
“(e)if the claimant would, but for regulation 113 of the Jobseekers Allowance Regulations (Northern Ireland) 1996, have been entitled to an income-based jobseeker’s allowance in respect of the benefit week, within the meaning of regulation 2 of those Regulations (interpretation), which includes the last day of the relevant week, the amount to which he would have been entitled and, for the purposes of this sub-paragraph, if the amount is in respect of a part-week, that amount shall be determined by dividing the amount of the income-based jobseeker’s allowance to which he would have been so entitled by the number equal to the number of days in the part-week and multiplying the quotient so obtained by 7.”;
(c)in paragraph (8) in the definition of “part-week”—
(i)for “paragraph (4)(c)” there shall be substituted “paragraph (4)(c) and (e)”;
(ii)after “income support” there shall be inserted “, or, as the case may be, an income-based jobseeker’s allowance,”.
Regulation 43A was inserted by regulation 6 of S.R. 1990 No. 345; relevant amending Regulations are regulation 5 of S.R. 1991 No. 47 and regulation 8 of S.R. 1992 No. 404