Welfare Reform Act 2009

Other amendments

16 (1) Section 15 (effect on other claimants) is amended as follows.

(2) For subsection (1) substitute—

“(1) Except in prescribed circumstances, subsection (2) applies in relation to any person (“P”) who—

(a) is a member of a couple, and

(b) claims an income-based jobseeker’s allowance,

in any case where, if subsection (2A) of section 14 were to be disregarded, either P or the other member of the couple (but not both) would be prevented by that section from being entitled to a jobseeker’s allowance.

(1A) In this section any reference to the relevant person is to the member of the couple concerned who would be prevented by that section from being so entitled (whether or not that person is also the claimant).”

(3) In subsection (2)—

(a) in paragraph (a), for “A” substitute “the relevant person”,

(b) in paragraph (b), for the words from “where” to “them” substitute “any portion of the applicable amount which is included in respect of the couple”, and

(c) in paragraph (c), for “A” (in both places) substitute “the relevant person” and for “A’s” substitute “that person’s”.

(4) In subsection (4), for “A” (in both places) substitute “the relevant person”.