Jobseekers Act 1995

Income and capital E+W+S

12 Income and capital: general. E+W+S

(1) In relation to a claim for a jobseeker’s allowance, the income and capital of a person shall be calculated or estimated in such manner as may be prescribed.

(2) A person’s income in respect of a week shall be calculated in accordance with prescribed rules.

(3) The rules may provide for the calculation to be made by reference to an average over a period (which need not include the week concerned).

(4) Circumstances may be prescribed in which—

(a) a person is treated as possessing capital or income which he does not possess;

(b) capital or income which a person does possess is to be disregarded;

(c) income is to be treated as capital;

(d) capital is to be treated as income.

Commencement Information

I1 S. 12 wholly in force at 7.10.1996; s. 12 not in force at Royal Assent, see s. 41(2); s. 12 in force (12.12.1995) for the purpose of authorising the making of regulations by S.I. 1995/3228, art. 2(b), Sch.; s. 12 in force (7.10.1996) in so far as not already in force by S.I. 1996/2208, art. 2(b)

13 Income and capital: income-based jobseeker’s allowance. E+W+S

(1) No person shall be entitled to an income-based jobseeker’s allowance if his capital, or a prescribed part of it, exceeds the prescribed amount.

(2) Where a person claiming an income-based jobseeker’s allowance is a member of a family, the income and capital of any member of that family shall, except in prescribed circumstances, be treated as the income and capital of the claimant.

[F1 (2A) Subsections (1) and (2) do not apply as regards a joint-claim jobseeker’s allowance; but a joint-claim couple shall not be entitled to a joint-claim jobseeker’s allowance if the couple’s capital, or a prescribed part of it, exceeds the prescribed amount.

(2B) Where a joint-claim couple claim a joint-claim jobseeker’s allowance—

(a) the couple’s income and capital includes the separate income and capital of each of them; and

(b) the income and capital of any other person who is a member of any family of which the couple are members shall, except in prescribed circumstances, be treated as income and capital of the couple.]

(3) Regulations may provide that capital not exceeding the amount prescribed under subsection (1), but exceeding a prescribed lower amount, shall be treated, to a prescribed extent, as if it were income of a prescribed amount.

Textual Amendments

F1 S. 13(2A)-(2B) inserted (19.3.2001) by 1999 c. 30, s. 59, Sch. 7 para. 9; S.I. 2000/2958, art. 2(2)

Commencement Information

I2 S. 13 wholly in force at 7.10.1996; s. 13 not in force at Royal Assent, see s. 41(2); s. 13 in force (12.12.1995) for the purpose of authorising the making of regulations by S.I. 1995/3228, art. 2(b), Sch.; s. 13 in force (7.10.1996) in so far as not already in force by S.I. 1996/2208, art. 2(b)