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The Jobseeker’s Allowance Regulations 1996

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Payments by way of Pensions

81.  (1)  The deduction in respect of pension payments from the amount which apart from this regulation would be payable to a claimant by way of a contribution-based jobseeker’s allowance for any week shall be a sum equal to the amount by which that payment exceeds or, as the case may be, the aggregate of those payments exceed £50 per week.

(2) In determining the amount of any pension payments for the purposes of paragraph (1), there shall be disregarded—

(a)where pension payments first begin to be made to a person for a period starting other than at the beginning of the first week for which they are made, the pension payments for that week; and

(b)where pension payments are already in payment to a person and a change in the rate of payment takes effect in a week other than from the beginning of the week, the amount of any increase in the pension payments for that week arising from that change; and

(c)any pension payments payable to him which arose in accordance with the terms of a personal pension scheme on the death of a person who was a member of that scheme.

(3) Subject to the provisions of paragraph (2), where a pension payment, or an aggregate of such payments, as the case may be, is paid to a person for a period other than a week, such payments shall be treated as being made to that person by way of weekly pension payments and the weekly amount shall be determined—

(a)where payment is made for a year, by dividing the total by 52;

(b)where payment is made for three months, by dividing the total by 13;

(c)where payment is made for a month, by multiplying the total by 12 and dividing the result by 52;

(d)where payment is made for two or more months, otherwise than for a year or for three months, by dividing the total by the number of months, multiplying the result by 12 and dividing the result of that multiplication by 52; or

(e)in any other case, by dividing the amount of the payment by the number of days in the period for which it is made and multiplying the result by 7.

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