xmlns:atom="http://www.w3.org/2005/Atom"

PART 8PART WEEKS

Amount of a jobseeker’s allowance payable

64.—(1) Subject to the following provisions of this Part, the amount payable by way of a jobseeker’s allowance in respect of a part-week is to be calculated by applying the formula—

where—

  • X is the personal rate determined in accordance with Article 6(1) of the Order (amount payable by way of a jobseeker’s allowance);

  • N is the number of days in the part-week.

(2) In this Part—

“part-week” means any period of less than a week in respect of which there is an entitlement to a jobseeker’s allowance;

“relevant week” means the period of 7 days determined in accordance with regulation 65.

Relevant week

65.—(1) Where the part-week—

(a)is the whole period for which a jobseeker’s allowance is payable or occurs at the beginning of an award, the relevant week is the period of 7 days ending on the last day of that part-week;

(b)occurs at the end of an award, the relevant week is the period of 7 days beginning on the first day of the part-week; or

(c)occurs because a jobseeker’s allowance is not payable for any period in accordance with Articles 8J or 8K of the Order (circumstances in which a jobseeker’s allowance is not payable), the relevant week is the 7 days ending immediately before the start of the next benefit week to commence for that claimant.

(2) Where a person has an award of a jobseeker’s allowance and their benefit week changes, for the purpose of calculating the amounts of a jobseeker’s allowance payable for the part-week beginning on the day after their last complete benefit week before the change and ending immediately before the change, the relevant week is the period of 7 days beginning on the day after the last complete benefit week.

Modification in the calculation of income

66.  For the purposes of regulation 64 (amount of jobseeker’s allowance payable for part-weeks), a claimant’s income is to be calculated in accordance with Part 7 subject to the following changes—

(a)any income which is due to be paid in the relevant week is to be treated as paid on the first day of that week;

(b)where the part-week occurs at the end of the claim, any income or any change in the amount of income of the same kind which is first payable within the relevant week but not on any day in the part-week is to be disregarded;

(c)where the part-week occurs immediately after a period in which a person was treated as engaged in remunerative work under regulation 42 (persons treated as engaged in remunerative work) any earnings which are taken into account for the purposes of determining that period are to be disregarded;

(d)where only part of the weekly amount of income is taken into account in the relevant week, the balance is to be disregarded.