Welfare Reform and Pensions Act 1999

2 (1) Section 1 (entitlement to jobseeker’s allowance) is amended as follows.

(2) In subsection (2) (conditions of entitlement), for paragraph (d) (claimant must satisfy conditions set out in section 2 or 3) substitute—

“(d) satisfies the conditions set out in section 2;”.

(3) After subsection (2) insert—

“(2A) Subject to the provisions of this Act, a claimant who is not a member of a joint-claim couple is entitled to a jobseeker’s allowance if he satisfies—

(a) the conditions set out in paragraphs (a) to (c) and (e) to (i) of subsection (2); and

(b) the conditions set out in section 3.

(2B) Subject to the provisions of this Act, a joint-claim couple are entitled to a jobseeker’s allowance if—

(a) a claim for the allowance is made jointly by the couple;

(b) each member of the couple satisfies the conditions set out in paragraphs (a) to (c) and (e) to (i) of subsection (2); and

(c) the conditions set out in section 3A are satisfied in relation to the couple.

(2C) Regulations may prescribe circumstances in which subsection (2A) is to apply to a claimant who is a member of a joint-claim couple.

(2D) Regulations may, in respect of cases where a person would (but for the regulations) be a member of two or more joint-claim couples, make provision for only one of those couples to be a joint-claim couple; and the provision which may be so made includes provision for the couple which is to be the joint-claim couple to be nominated—

(a) by the persons who are the members of the couples, or

(b) in default of one of the couples being so nominated, by the Secretary of State.”

(4) In subsection (4)—

(a) in the definition of “an income-based jobseeker’s allowance”, at the end insert “or a joint-claim jobseeker’s allowance;” and

(b) after that definition insert—

““a joint-claim couple” means a married or unmarried couple who—

(a) are not members of any family whose members include a person in respect of whom a member of the couple is entitled to child benefit, and

(b) are of a prescribed description;

“a joint-claim jobseeker’s allowance” means a jobseeker’s allowance entitlement to which arises by virtue of subsection (2B).”