The Jobseeker’s Allowance (Joint Claims) Regulations (Northern Ireland) 2000

53.—(1) Schedule 1 (applicable amounts) shall be amended in accordance with paragraphs (2) to (4).

(2) In paragraph 1, for “and 84(1)” there shall be substituted “, 84(1), 86A and 86B”.

(3) In paragraph 3(1), for “and 84(1)(d)” there shall be substituted “, 84(1)(d), 86A(b) and 86B(c)”.

(4) After Part IV there shall be inserted the following Parts—

“Part IVA Premiums for Joint-Claim Couples

20A.   Except as provided in paragraph 20B, the weekly premium specified in Part IVB shall, for the purposes of regulations 86A(c) and 86B(d), be applicable to a joint-claim couple where either or both members of a joint-claim couple satisfies the condition specified in paragraphs 20E to 20J in respect of that premium.

20B.   Subject to paragraph 20C, where a member of a joint-claim couple satisfies the conditions in respect of more than one premium in this Part, only one premium shall be applicable to the joint-claim couple in respect of that member and, if they are different amounts, the higher or highest amount shall apply.

20C.— (1) The severe disability premium to which paragraph 20I applies may be applicable in addition to any other premium which may apply under this Part.

(2) The carer premium to which paragraph 20J applies may be applicable in addition to any other premium which may apply under this Part.

20D.— (1) Subject to sub-paragraph (2), for the purposes of this Part, once a premium is applicable to a joint-claim couple under this Part, a person shall be treated as being in receipt of any benefit—

(a) in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979(1) applies, for any period during which, apart from the provisions of those Regulations, he would be in receipt of that benefit, and

(b) for any period spent by a person in undertaking a course of training or instruction provided or arranged by the Department of Higher and Further Education, Training and Employment under sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945(2) or section 1(1) of the Employment and Training Act (Northern Ireland) 1950(3) or for any period during which he is in receipt of a training allowance.

(2) For the purposes of the carer premium under paragraph 20J, a person shall be treated as being in receipt of invalid care allowance by virtue of sub-paragraph (1)(a) only if and for so long as the person in respect of whose care the allowance has been claimed remains in receipt of attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act.

Pensioner premium where one member of a joint-claim couple has attained the age of 60

20E.   The condition is that one member of a joint-claim couple has attained the age of 60 but not the age of 75.

Higher Pensioner Premium

20F.— (1) The condition is that one member of a joint-claim couple—

(a) has attained the age of 60 but not the age of 80, and either the additional conditions specified in paragraph 20H are satisfied in respect of him, or

(b) has attained the age of 60 and—

(i) was entitled to or was treated as entitled to either income support or an income-based jobseeker’s allowance and the disability premium was or, as the case may be, would have been applicable to him in respect of a benefit week within 8 weeks of his 60th birthday and he has, subject to sub-paragraph (2), remained continuously entitled to one of those benefits since attaining that age, or

(ii) was a member of a joint-claim couple who had been entitled to, or who had been treated as entitled to, a joint-claim jobseeker’s allowance and the disability premium was or, as the case may be, would have been applicable to that couple in respect of a benefit week within 8 weeks of the 60th birthday of either member of that couple and the couple have, subject to that sub-paragraph (2), remained continuously entitled to a joint-claim jobseeker’s allowance since that member attained that age.

(2) For the purpose of this paragraph and paragraph 20H—

(a) once the higher pensioner premium is applicable to a joint-claim couple, if that member then ceases, for a period of 8 weeks or less, to be entitled or treated as entitled to either income support or income-based jobseeker’s allowance or that couple cease to be entitled to or treated as entitled to a joint-claim jobseeker’s allowance, he shall or, as the case may be, that couple shall, on becoming re-entitled to any of those benefits, thereafter be treated as having been continuously entitled thereto;

(b) in so far as sub-paragraph (1)(b)(i) or (ii) is concerned, if a member of a joint-claim couple ceases to be entitled or treated as entitled to either income support or an income-based jobseeker’s allowance or that couple cease to be entitled to or treated as entitled to a joint-claim jobseeker’s allowance for a period not exceeding 8 weeks which includes the 60th birthday of either member of that couple, he shall or, as the case may be, the couple shall, on becoming re-entitled to either of those benefits, thereafter be treated as having been continuously entitled thereto.

(3) In this paragraph, where a member of a joint-claim couple is a welfare to work beneficiary, sub-paragraphs (1)(b)(i) and (2)(b) shall apply to him as if for “8 weeks” there were substituted “52 weeks”.

Disability Premium

20G.   The condition is that a member of a joint-claim couple has not attained the age of 60 and satisfies any one of the additional conditions specified in paragraph 20H.

Additional Conditions for Higher Pensioner and Disability Premium

20H.— (1) The additional conditions specified in this paragraph are that a member of a joint-claim couple—

(a) is in receipt of either disabled person’s tax credit or mobility supplement;

(b) is in receipt of severe disablement allowance;

(c) is in receipt of attendance allowance or disability living allowance or is a person whose disability living allowance is payable, in whole or in part, to another in accordance with regulation 43 of the Claims and Payments Regulations (payment of disability living allowance on behalf of a beneficiary;

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

(e) has been entitled to statutory sick pay, has been incapable of work or has been treated as incapable of work for a continuous period of not less than—

(i) 196 days in the case of a member of a joint-claim couple who is terminally ill within the meaning of section 30B(4) of the Benefits Act, or

(ii) 364 days in any other case,

and for these purposes, any 2 or more periods of entitlement or incapacity separated by a break of not more than 56 days shall be treated as one continuous period;

(f) has an invalid carriage or other vehicle provided to him by the Department of Health, Social Services and Public Safety under Article 30(1) of the 1972 Order or provided by the Secretary of State under section 5(2)(a) of, and Schedule 2 to, the National Health Service Act 1977(5) or under section 46 of the National Health Service (Scotland) Act 1978(6) or receives payments by way of grant from the Department of Health, Social Services and Public Safety under Article 30(3) of the 1972 Order;

(g) is a person who is entitled to the mobility component of disability living allowance but to whom the component is not payable in accordance with regulation 41 of the Claims and Payments Regulations(7) (cases where the mobility component of disability living allowance not payable);

(h) was either—

(i) in receipt of long term incapacity benefit under section 30A(5)(8) of the Benefits Act immediately before attaining pensionable age and he is still alive, or

(ii) entitled to attendance allowance or disability living allowance but payment of that benefit was suspended in accordance with regulations under section 113(2) of the Benefits Act (general provisions as to disqualification and suspension) or otherwise abated as a consequence of either member of the joint-claim couple becoming a patient within the meaning of regulation 85(4) (special cases),

and in either case the higher pensioner premium or disability premium had been applicable to the joint-claim couple, or

(i) is registered as blind in a register maintained by or on behalf of a Health and Social Services Board established under Article 16 of the 1972 Order.

(2) In the case of a member of a joint-claim couple who is a welfare to work beneficiary, the reference in sub-paragraph (1)(e) to a period of 56 days shall be treated as a reference to a period of 52 weeks.

(3) For the purposes of sub-paragraph (1)(i), a person who has ceased to be registered as blind on regaining his eyesight shall nevertheless be treated as blind and as satisfying the additional condition set out in that sub-paragraph for a period of 28 weeks following the date on which he ceased to be so registered.

Severe Disability Premium

20I.— (1) The condition is that —

(a) a member of a joint-claim couple is in receipt of attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act (the “qualifying benefit”);

(b) the other member is also in receipt of such an allowance, or if he is a member of a polygamous marriage, all the partners of that marriage are in receipt of a qualifying benefit;

(c) subject to sub-paragraph (3), there is no non-dependant aged 18 or over normally residing with the joint-claim couple or with whom they are normally residing, and

(d) either—

(i) no person is entitled to, and in receipt of, an invalid care allowance under section 70 of the Benefits Act in respect of caring for either member of the couple or all the members of the polygamous marriage, or

(ii) a person is engaged in caring for one member (but not both members) of the couple, or one or more but not all members of the polygamous marriage, and in consequence is entitled to an invalid care allowance under section 70 of the Benefits Act.

(2) Where the other member does not satisfy the condition in sub-paragraph (1)(b), and that member is blind or treated as blind within the meaning of paragraph 20H(1)(i) and (2), that member shall be treated for the purposes of sub-paragraph (1) as if he were not a member of the couple.

(3) The following persons shall not be regarded as non-dependant for the purposes of sub-paragraph (1)(c)—

(a) a person in receipt of attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act;

(b) subject to sub-paragraph (5), a person who joins the joint-claim couple’s household for the first time in order to care for a member of a joint-claim couple and immediately before so joining, that member satisfied the condition in sub-paragraph (1),

(c) a person who is blind or treated as blind within the meaning of paragraph 20H(1)(i) and (2).

(4) For the purposes of sub-paragraph (1), a member of a joint-claim couple shall be treated—

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

(b) as being entitled to and in receipt of an invalid care allowance if he would, but for the person for whom he was caring being a patient in hospital for a period exceeding 28 days, be so entitled and in receipt.

(5) Sub-paragraph (3)(b) shall apply only for the first 12 weeks following the date on which the person to whom that provision applies first joins the joint-claim couple’s household.

(6) For the purposes of sub-paragraph (1)(d), no account shall be taken of an award of invalid care allowance to the extent that payment of such an award is back-dated for a period before the date on which the award is made.

Carer Premium

20J.— (1) Subject to sub-paragraphs (3) and (4), the condition is that either or both members of a joint-claim couple are entitled to and in receipt of an invalid care allowance under section 70 of the Benefits Act.

(2) Either or both members, as the case may be, shall be treated for the purposes of sub-paragraph (1) as being entitled to an invalid care allowance where—

(a) they would be in receipt of such an allowance but for any provision of the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979(9);

(b) the claim for that allowance was made on or after 1st October 1990, and

(c) the person or persons in respect of whose care the allowance has been claimed remains or remain in receipt of attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act.

(3) Where a carer premium is awarded but the member of the joint-claim couple in respect of whom it has been awarded ceases to be entitled to an invalid care allowance, the condition for the award of the premium shall be treated as satisfied for a period of 8 weeks from the date on which—

(a) where sub-paragraph (2) applies, the person in respect of whose care the invalid care allowance has been claimed ceased to be in receipt of the allowances referred to in head (c) of that sub-paragraph;

(b) in any other case, that member ceased to be entitled to an invalid care allowance.

(4) Where a member of a joint-claim couple who has been entitled to an invalid care allowance ceases to be entitled to that allowance and makes a claim for a jobseeker’s allowance jointly with the other member of that couple, the condition for the award of the carer premium shall be treated as satisfied for a period of 8 weeks from the date on which—

(a) where sub-paragraph (2) applies, the person in respect of whose care the invalid care allowance has been claimed ceased to be in receipt of the allowances referred to in head (c) of that sub-paragraph;

(b) in any other case, that member was last entitled to an invalid care allowance.

Member of a joint-claim couple in receipt of concessionary payments

20K.   For the purpose of determining whether a premium is applicable to a joint-claim couple under paragraphs 20H to 20J, any concessionary payment made to compensate a person for the non-payment of any benefit mentioned in those paragraphs shall be treated as if it were a payment of that benefit.

Person in receipt of benefit

20L.   For the purposes of this Part, a member of a joint-claim couple shall be regarded as being in receipt of any benefit if, and only if, it is paid in respect of him and shall be so regarded only for any period in respect of which that benefit is paid.

Part IVB Weekly Amounts of Premiums Specified in Part IVA

Premium	Amount
20M.   — (1) Pensioner premium where one member of a joint-claim couple is aged over 60 and the condition in paragraph 20E is satisfied.	(1) £40·00.
(2) Higher Pensioner Premium where one member of a joint-claim couple satisfies the condition in paragraph 20F.	(2) £43·40.
(3) Disability Premium where one member of a joint-claim couple satisfies the condition in paragraph 20G.	(3) £31·75.
(4) Severe Disability Premium where one member of a joint-claim couple satisfies the condition in paragraph 20I(1)— (i) if there is someone in receipt of an invalid care allowance or if either member satisfies that condition only by virtue of paragraph 20I(3);	(4) (i) £40·20.
(ii) if no-one is in receipt of such an allowance.	(ii) £80·40.
(5) Carer Premium.	(5) £14·15 in respect of each person who satisfied the condition specified in paragraph 20J.”

(1)

S.R. 1979 No. 242

(2)

1945 c. 6 (N.I.); sections 2 and 3 were amended by section 1 of the Disabled Persons (Employment) Act (Northern Ireland) 1960 (c. 4 (N.I.)) and Schedule 18 to the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3))

(3)

1950 c. 29 (N.I.); section 1 was amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10))

(4)

Section 30B was inserted by Article 4(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12))

(5)

1977 c. 49

(6)

1978 c. 29

(7)

Regulation 41 was amended by regulation 20 of S.R. 1992 No. 7

(8)

Section 30A was inserted by Article 3(1) of the Social Security (Incapacity for Work) (NorthernIreland) Order 1994

(9)

S.R. 1979 No. 242; relevant amending Regulations are S.R. 1980 No. 451, S.R. 1983 No. 36 and S.R. 1984 No. 317