PART 3Modifications relating to certain persons who claim a relevant benefit after 4th January 2009
Application and interpretation8
1
This Part applies in relation to a person who—
a
claims a relevant benefit after 4th January 2009, and
b
falls within any of the paragraphs (2) to (4).
2
A claimant falls within this paragraph if Part 2 applied to him at any time.
3
A claimant falls within this paragraph if he or she—
a
is entitled to a relevant benefit, or
b
was previously entitled to a relevant benefit at any time after 4th January 2009, and
c
in either case the entitlement is not or was not immediately preceded by a linked period.
4
A claimant falls within this paragraph if—
a
the claimant or his or her partner or, if the claimant is a member of a joint-claim couple, the other member of the couple, was in receipt of state pension credit;
b
the claimant—
i
is entitled to a relevant benefit, or
ii
was previously entitled to a relevant benefit at any time after 4th January 2009, and
c
none of the following provisions apply or applied in relation to the entitlement referred to in sub-paragraph (b)(i) or (ii).
5
The provisions are—
a
paragraph 1A(1A)25 (previous entitlement to income-based jobseeker’s allowance, income-related employment and support allowance or state pension credit) of Schedule 3 to the Income Support Regulations;
b
c
paragraph 3(2)28 (previous entitlement to other income-related benefits) of Schedule 6 to the Employment and Support Allowance Regulations.
6
In this Part—
“joint-claim couple” has the meaning given in Article 3(4)29 of the Jobseekers (Northern Ireland) Order 1995;
“linked period” means a period in respect of which the claimant was required to be treated as being in receipt of a relevant benefit under the provisions of—
- a
paragraph 14 (linking rule) of Schedule 3 to the Income Support Regulations;
- b
paragraph 13 (linking rule) of Schedule 2 to the Jobseeker’s Allowance Regulations, or (as the case may be)
- c
paragraph 15 (linking rules) of Schedule 6 to the Employment and Support Allowance Regulations.
- a