The Jobseeker’s Allowance (Transitional Provisions) (Amendment) Regulations 1996

Transitionally protected period

9.—(1) Regulation 9 of the Transitional Provisions Regulations (transitionally protected period) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (5) for the words “occupational pension” there shall be substituted the words“pension payments”.

(3) In paragraph 6, for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraphs—

“(a) had attained pensionable age; and

(b) to whom unemployment benefit was payable in accordance with an award made by virtue of section 25(2)(b) or (c) of the Benefits Act;”.

(4) In paragraph (9)—

(a) after the words “adult dependant” there shall be inserted the words “for the relevant day”; and

(b) after the word “him” where it occurs for the second time, there shall be inserted the words“, or any dependency increase payable to him in accordance with section 80(2)(a) of the Benefits Act in respect of the relevant day in respect of a child who does not reside with him,”.

(5) After paragraph (9) the following paragraphs shall be added—

“(10) In a case where unemployment benefit was payable in respect of the relevant day, and the benefit included an increase for an adult dependant, continuing entitlement to the benefit and the increase shall be determined as if the provisions of regulation 14(1)(b) of the Social Security (Overlapping Benefits) Regulations 1979(1) continued to apply, notwithstanding that those provisions have ceased to have effect.

(11) In the transitionally protected period, the provisions of regulation 14(2) the Social Security (Overlapping Benefits) Regulations 1979 shall continue to apply in order to adjust the amount of unemployment benefit payable to a claimant for part of a week, notwithstanding that those provisions have ceased to have effect.”.

(1)

S.I. 1979/597.