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

paragraph 1A(1ZA)26 or (1B)27 (previous entitlement to income support, income-related employment and support allowance or state pension credit) of Schedule 2 to the Jobseeker’s Allowance Regulations;

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—

    1. a

      paragraph 14 (linking rule) of Schedule 3 to the Income Support Regulations;

    2. b

      paragraph 13 (linking rule) of Schedule 2 to the Jobseeker’s Allowance Regulations, or (as the case may be)

    3. c

      paragraph 15 (linking rules) of Schedule 6 to the Employment and Support Allowance Regulations.