The Jobseeker’s Allowance Regulations 1996

Regulations 83 and 84(1)

SCHEDULE 1 APPLICABLE AMOUNTS

PART 1 PERSONAL ALLOWANCES

Modifications etc. (not altering text)

C1 Sch. 1 Pt. 1 sums confirmed (6.4.1998 for specified purposes) by The Social Security Benefits Up-rating Order 1998 (S.I. 1998/470), arts. 1(2)(i), 24(3), Sch. 13

C2 Sch. 1 Pt. 1 sums amended (with effect in accordance with art. 1(2)(j) of the amending S.I.) by The Social Security Benefits Up-rating Order 1999 (S.I. 1999/264), arts. 1(2)(j), 24(3), Sch. 13

1.  The weekly amounts specified in column (2) below in respect of each person or couple specified in column (1) shall be the weekly amounts specified for the purposes of regulations 83 and 84(1) (applicable amounts and polygamous marriages).

(1)	(2)
Person or Couple	Amount
(1) Single claimant aged– (a) except where head (b) or (c) of this sub-paragraph applies, less than 18;	(1)(a) [F1 £30.95]
(b) less than 18 who falls within paragraph (2) of regulation 57 and who– is a person to whom regulation 59, 60 or 61 applies F2 ...; or (ii) is the subject of a direction under section 16;	(b) [F1 £40.70]
(c) less than 18 who satisfies the condition in paragraph 13(a) of Part 3;	(c) [F1 £40.70]
(d) not less than 18 but less than 25;	(d) [F1 £40.70]
(e) not less than 25.	(e) [F1 £51.40]
(2) Lone parent aged– (a) except where head (b) or (c) of this sub-paragraph applies, less than 18;	(2)(a) [F1 £30.95]
(b) less than 18 who falls within paragraph (2) of regulation 57 and who– (i) is a person to whom regulation 59, 60 or 61 applies F3 ...; or (ii) is the subject of a direction under section 16;	(b) [F1 £40.70]
(c) less than 18 who satisfies the condition in paragraph 13(a) [F4 of Part 3];	(c) [F1 £40.70]
(d) not less than 18.	(d) [F1 £51.40]
(3) Couple– (a) where both members are aged less than 18 and– (i) at least one of them is treated as responsible for a child; or (ii) had they not been members of a couple, each would have been a person to whom regulation 59, 60 or 61 (circumstances in which a person aged 16 or 17 is eligible for a jobseeker’s allowance) applied or (iii) had they not been members of a couple, the claimant would have been a person to whom regulation 59, 60 or 61 (circumstances in which a person aged 16 or 17 is eligible for a jobseeker’s allowance) applied and his partner satisfies the requirements for entitlement to income support other than the requirement to make a claim for it; or (iv) [F5 they are married and one member of the couple is a person to whom regulation 59, 60 or 61 applies and the other member is registered in accordance with regulation 62; or (iva) they are married and each member of the couple is a person to whom regulation 59, 60 or 61 applies; or] (v) there is a direction under section 16 (jobseeker’s allowance in cases of severe hardship) in respect of each member; or (vi) there is a direction under section 16 in respect of one of them and the other is a person to whom regulation 59, 60 or 61 applies F6 ...; or (vii) there is a direction under section 16 in respect of one of them and the other satisfies requirements for entitlement to income support other than the requirement to make a claim for it;	(3)(a) [F1 £61.35]
(b) where both members are aged less than 18 and sub-paragraph (3)(a) does not apply but one member of the couple falls within paragraph (2) of regulation 57 and either— (i) is a person to whom regulation 59, 60 or 61 applies F7 ...; or (ii) is the subject of a direction under section 16 of the Act;	(b) [F1 £40.70]
(c) where both members are aged less than 18 and neither head (a) nor (b) of sub-paragraph (3) applies but one member of the couple— (i) is a person to whom regulation 59, 60 or 61 applies F8 ...; or (ii) is the subject of a direction under section 16;	(c) [F1 £30.95]
(d) where both members are aged less than 18 and none of heads (a), (b) or (c) of sub-paragraph (3) apply but one member of the couple is a person who satisfies the requirements of paragraph 13(a);	(d) [F1 £40.70]
(e) where both members are aged not less than 18;	(e) [F1 £80.65]
(f) where one member is aged not less than 18 and the other member is a person under 18 who— (i) is a person to whom regulation 59, 60 or 61 applies F9 ...; or (ii) is the subject of a direction under section 16; and (iii) satisfies requirements for entitlement to income support other than the requirement to make a claim for it;	(f) [F1 £80.65]
(g) where one member is aged not less than 18 but less than 25 and the other member is a person under 18— (i) to whom none of the regulations 59 to 61 applies; or (ii) who is not the subject of a direction under section 16; and (iii) does not satisfy requirements for entitlement to income support disregarding the requirement to make a claim for it;	(g) [F1 £40.70]
(h) where one member is aged not less than 25 and the other member is a person under 18— (i) to whom none of the regulations 59 to 61 applies; or (ii) is not the subject of a direction under section 16; and (iii) does not satisfy requirements for entitlement to income support disregarding the requirement to make a claim for it.	(h) [F1 £51.40]

Textual Amendments

F1 Sums in Sch. 1 Pt. 1 substituted (with effect in accordance with art. 1(2)(j) of the amending S.I.) by The Social Security Benefits Up-rating Order 1999 (S.I. 1999/264), arts. 1(2)(j), 24(3), Sch. 13

F2 Words in Sch. 1 para. 1(1)(b)(i) omitted (7.10.1996) by virtue of The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), regs. 1(1), 18(a)

F3 Words in Sch. 1 para. 1(2)(b)(i) omitted (7.10.1996) by virtue of The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), regs. 1(1), 18(a)

F4 Words in Sch. 1 para. 1(2)(c) inserted (7.10.1996) by The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), reg. 1(1), Sch. Pt. 2

F5 Sch. 1 para. 1(3)(a)(iv) (iva) substituted for Sch. 1 para. 1(3)(a)(iv) (7.10.1996) by The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), regs. 1(1), 18(b)

F6 Words in Sch. 1 para. 1(3)(a)(vi) omitted (7.10.1996) by virtue of The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), regs. 1(1), 18(a)

F7 Words in Sch. 1 para. 1(3)(b)(i) omitted (7.10.1996) by virtue of The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), regs. 1(1), 18(a)

F8 Words in Sch. 1 para. 1(3)(c)(i) omitted (7.10.1996) by virtue of The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), regs. 1(1), 18(a)

F9 Words in Sch. 1 para. 1(3)(f)(i) omitted (7.10.1996) by virtue of The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), regs. 1(1), 18(a)

2.— [F10 (1)] The weekly amounts specified in column (2) below in respect of each person specified in column (1) shall[F11 , for the relevant period specified in column (1),] be the weekly amounts specified for the purposes of regulations 83(b) and 84(1)(c).

(1)	(2)
Child or Young Person	Amount
[F12 Person in respect of the period—
(a) beginning on that person’s date of birth and ending on the day preceding the first Monday in September following that person’s eleventh birthday;	(a) [F13 £24.90]
(b) beginning on the first Monday in September following that person’s eleventh birthday and ending on the day preceding the first Monday in September following that person’s sixteenth birthday;	(b) [F1 £25.90]
(c) beginning on the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s nineteenth birthday.]	(c) [F1 £30.95]
	F14 . . .

[F15 (2) In column (1) of the table in paragraph (1), “the first Monday in September" means the Monday which first occurs in the month of September in any year.]

The following Table is for transitional purposes only see SI 1997/543 Art. 24(4).

(1)	(2)
[F12 Child or Young Person	Amount
Person aged—
(a) less than 11;	(a) £16.45
(b) not less than 11 but less than 16;	(b) [F16 £24.75]
(c) not less than 16 but less than 18;	(c) [F17 £29.60]
(d) not less than 18.]	(d) [F18 £38.90]

Textual Amendments

F1 Sums in Sch. 1 Pt. 1 substituted (with effect in accordance with art. 1(2)(j) of the amending S.I.) by The Social Security Benefits Up-rating Order 1999 (S.I. 1999/264), arts. 1(2)(j), 24(3), Sch. 13

F10 Words in Sch. 1 para. 2 inserted (7.4.1997) by The Income-related Benefits and Jobseekers Allowance (Personal Allowances for Children and Young Persons) (Amendment) Regulations 1996 (S.I. 1996/2545), regs. 1(2), 2(1)(2)(7)(b) (with reg. 10)

F11 Words in Sch. 1 para. 2 inserted (7.4.1997) by The Income-related Benefits and Jobseekers Allowance (Personal Allowances for Children and Young Persons) (Amendment) Regulations 1996 (S.I. 1996/2545), regs. 1(2), 2(1)(3)(7)(b) (with reg. 10)

F12 Words in Sch. 1 para. 2 substituted (7.4.1997) by The Income-related Benefits and Jobseekers Allowance (Personal Allowances for Children and Young Persons) (Amendment) Regulations 1996 (S.I. 1996/2545), regs. 1(2), 2(1)(4)(7)(b) (with reg. 10)

F13 Sum in Sch. 1 para. 2(1) substituted (with effect in accordance with reg. 1(3)(5) of the amending S.I.) by The Social Security Amendment (Personal Allowances for Children and Young Persons) Regulations 1999 (S.I. 1999/2555), reg. 1(1)(2), 2(1)(a)(2)(d)

F14 Words in Sch. 1 para. 2 omitted (7.4.1997) by virtue of The Income-related Benefits and Jobseekers Allowance (Personal Allowances for Children and Young Persons) (Amendment) Regulations 1996 (S.I. 1996/2545), regs. 1(2), 2(1)(5)(7)(b) (with reg. 10)

F15 Sch. 1 para. 2(2) inserted (7.4.1997) by The Income-related Benefits and Jobseekers Allowance (Personal Allowances for Children and Young Persons) (Amendment) Regulations 1996 (S.I. 1996/2545), regs. 1(2), 2(1)(6)(7)(b) (with reg. 10)

F16 Sum in Sch. 1 para. 2(b) substituted (with effect in accordance with art. 1(2)(j) of the amending S.I.) by The Social Security Benefits Up-rating Order 1997 (S.I. 1997/543), arts. 1(2)(j), 24(4)(a)

F17 Sum in Sch. 1 para. 2(c) substituted (with effect in accordance with art. 1(2)(j) of the amending S.I.) by The Social Security Benefits Up-rating Order 1997 (S.I. 1997/543), arts. 1(2)(j), 24(4)(b)

F18 Sum in Sch. 1 para. 2(d) substituted (with effect in accordance with art. 1(2)(j) of the amending S.I.) by The Social Security Benefits Up-rating Order 1997 (S.I. 1997/543), arts. 1(2)(j), 24(4)(c)

3.—(1) The weekly amount for the purposes of regulations 83(c) and 84(1)(d) (residential allowance) in respect of a person who satisfies the conditions specified in sub-paragraph (2) shall be—

(a) except in a case to which head (b) applies, [F1 £59.40;] and

(b) where the home in which the person resides is situated within the area described in Schedule 3 (the Greater London area), [F1 £66.10.]

(2) Subject to sub-paragraphs (3), (4) and (5), the conditions are–

(a) the person resides in a residential care home or a nursing home or is regarded pursuant to sub-paragraph (5) as residing in such a home;

(b) the person both requires personal care [F19 by reason of old age, disablement, past or present dependence on alcohol or drugs, past or present mental disorder or a terminal illness and the care is provided in the home];

(c) he does not have a preserved right;

(d) he is aged 16 or over;

(e) both the person’s accommodation and such meals (if any) as are provided for him are provided on a commercial basis; and

(f) no part of the weekly charge for accommodation is met by housing benefit.

(3) For the purposes of sub-paragraph (2), but subject to sub-paragraph (4), a person resides in a residential care home where the home in which he resides—

(a) is registered under Part I of the Registered Homes Act 1984 F20 or is deemed to be so registered by virtue of section 2(3) of the Registered Homes (Amendment) Act 1991 F21 (registration of small homes where application for registration not determined);

(b) is managed or provided by a body incorporated by Royal Charter or constituted by Act of Parliament (other than a social services authority) and provides both board and personal care for the claimant; or

(c) is in Scotland and is registered under section 61 of the Social Work (Scotland) Act 1968 F22 or is an establishment provided by a housing association registered with Scottish Homes established by the Housing (Scotland) Act 1988 F23 which provides care equivalent to that given in residential accommodation provided under Part IV of the Social Work (Scotland) Act 1968;

and a person resides in a nursing home where the home in which he resides is such a home within the meaning of regulation 1(3).

(4) A person shall not be regarded as residing in a nursing home for the purposes of sub-paragraph (2) where the home in which he resides is a hospice, and for this purpose “hospice" means a nursing home which—

(a) if situate in England or Wales, is registered under Part II of the Registered Homes Act 1984, or

(b) if situate in Scotland, is exempted from the operation of the Nursing Homes Registration (Scotland) Act 1938 by virtue of section 6 of that Act F24 , and whose primary function is to provide palliative care for persons resident there who are suffering from a progressive disease in its final stages.

(5) For the purposes of sub-paragraph (2)(a), where a person’s principal place of residence is a residential care home or a nursing home, and he is temporarily absent from that home, he shall be regarded as continuing to reside at that home

(a) where he is absent because he is a patient, for the first six weeks of any such period of absence, and for this purpose—

(i) “patient" has the meaning it has in Schedule 5 by virtue of regulation 85, and

(ii) periods of absence separated by not more than 28 days shall be treated as a single period of absence equal in duration to all those periods; and

(b) for the first three weeks of any other period of absence.

(6) Where–

(a) a person has been registered under the Registered Homes Act 1984 in respect of premises which have been carried on as a residential care home or, as the case may be, a nursing home, and that person has ceased to carry on such a home; and

(b) an application for registration under that Act has been made by another person and that application has not been determined or abandoned,

then any question arising for determination under this paragraph shall be determined as if the most recent registration under that Act in respect of those premises continued until the day on which the application is determined or abandoned.

Textual Amendments

F1 Sums in Sch. 1 Pt. 1 substituted (with effect in accordance with art. 1(2)(j) of the amending S.I.) by The Social Security Benefits Up-rating Order 1999 (S.I. 1999/264), arts. 1(2)(j), 24(3), Sch. 13

F19 Words in Sch. 1 para. 3(2)(b) substituted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income-related Benefits and Jobseekers Allowance (Amendment) (No. 2) Regulations 1997 (S.I. 1997/2197), regs. 1(2), 7(5)(6)(b)

F20 1984 c.23.

F21 1991 c.20.

F22 1968 c.49; section 61 was amended by the Criminal Procedure (Scotland) Act 1975 (c.21) sections 289C and 289G and Schedule 7C.

F23 1988 c.43.

F24 1938 c.73.

PART II FAMILY PREMIUM

4.— [F25 (1)] The weekly amount for the purposes of regulations 83(d) and 84(1)(e) in respect of a family of which at least one member is a child or young person shall be-

[F26 (a) where the claimant is a lone parent [F27 to whom the conditions in both sub-paragraphs (2) and (3) apply] and no premium is applicable under paragraph 10, F28 ... 12 or 13, £15.75;

(b) in any other case,] [F29 £13.90.]

(2) [F30 The first condition for the purposes of sub-paragraph (1)(a) is that the claimant—

(a) was both a lone parent and entitled to an income-based jobseeker’s allowance on 5th April 1998; or

(b) does not come within head (a) above but—

(i) was both a lone parent and entitled to an income-based jobseeker’s allowance on any day during the period of 12 weeks ending on 5th April 1998;

(ii) was both a lone parent and entitled to an income-based jobseeker’s allowance on any day during the period of 12 weeks commencing on 6th April 1998; and

(iii) the last day in respect of which (i) above applied was no more than 12 weeks before the first day in respect of which (ii) above applied.

(3) The second condition for the purposes of sub-paragraph (1)(a) is that as from the appropriate date specified in sub-paragraph (4), the claimant has continued, subject to sub-paragraph (5), to be both a lone parent and entitled to an income-based jobseeker’s allowance.

(4) The appropriate date for the purposes of sub-paragraph (3) is—

(a) in a case to which sub-paragraph (2)(a) applies, 6th April 1998;

(b) in a case to which sub-paragraph (2)(b) applies, the first day in respect of which sub-paragraph 2(b)(ii) applied.

(5) For the purposes of sub-paragraph (3), where the claimant has ceased, for any period of 12 weeks or less, to be—

(a) a lone parent; or

(b) entitled to an income-based jobseeker’s allowance; or

(c) both a lone parent and entitled to an income-based jobseeker’s allowance,

the claimant shall be treated, on again becoming both a lone parent and entitled to an income-based jobseeker’s allowance, as having continued to be both a lone parent and entitled to an income-based jobseeker’s allowance throughout that period.

(6) In determining whether the conditions in sub-paragraphs (2) and (3) apply, entitlement to income support shall be treated as entitlement to an income-based jobseeker’s allowance for the purposes of any requirement that a person is entitled to an income-based jobseeker’s allowance.]

Textual Amendments

F25 Sch. 1 para. 4(1): Sch. 1 para. 4 renumbered as Sch. 1 para. 4(1) (6.4.1998) by The Social Security Amendment (Lone Parents) Regulations 1998 (S.I. 1998/766), regs. 1(1), 14

F26 Words in Sch. 1 Pt. II para. 4 inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1803), regs. 1(b), 44(2)

F27 Words in Sch. 1 para. 4(1)(a) inserted (6.4.1998) by The Social Security Amendment (Lone Parents) Regulations 1998 (S.I. 1998/766), regs. 1(1), 14(a)(i)

F28 Word in Sch. 1 para. 4(1)(a) omitted (6.4.1998) by virtue of The Social Security Amendment (Lone Parents) Regulations 1998 (S.I. 1998/766), regs. 1(1), 14(a)(ii)

F29 Sum in Sch. 1 Pt. II para. 4(1)(b) substituted (with effect in accordance with art. 1(2)(j) of the amending S.I.) by The Social Security Benefits Up-rating Order 1999 (S.I. 1999/264), arts. 1(2)(j), 24(4)(b)

F30 Sch. 1 para. 4(2)-(6) inserted (6.4.1998) by The Social Security Amendment (Lone Parents) Regulations 1998 (S.I. 1998/766), regs. 1(1), 14(b)

Modifications etc. (not altering text)

C3 Sch. 1 Pt. II para. 4(1)(a) sum confirmed (with effect in accordance with art. 1(2)(j) of the amending S.I.) by The Social Security Benefits Up-rating Order 1999 (S.I. 1999/264), arts. 1(2)(j), 24(4)(a)

PART III PREMIUMS

5.  Except as provided in paragraph 6, the weekly premiums specified in Part IV of this Schedule shall for the purposes of regulations 83(e) and 84(1)(f), be applicable to a claimant who satisfies the condition specified in [F31 paragraphs 10] to 17 in respect of that premium.

Textual Amendments

F31 Words in Sch. 1 Pt. III para. 5 substituted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1803), regs. 1(b), 44(3)(a)

6.  Subject to paragraph 7, where a claimant satisfies the conditions in respect of more than one premium in this Part of this Schedule, only one premium shall be applicable to him and, if they are different amounts, the higher or highest amount shall apply.

7.—(1) The severe disability premium to which paragraph 15 applies may be applicable in addition to any other premium which may apply under this Schedule.

(2) The disabled child premium to which paragraph 16 applies may be applicable in addition to any other premium which may apply under this Schedule.

(3) The carer premium to which paragraph 17 applies may be applicable in addition to any other premium which may apply under this Schedule.

8.—(1) Subject to sub-paragraph (2) for the purposes of this Part of this Schedule, once a premium is applicable to a claimant under this Part, a person shall be treated as being in receipt of any benefit—

(a) in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations 1979 F32 applies, for any period during which, apart from the provisions of those Regulations, he would be in receipt of that benefit; and

[F33 (b) for any period spent by a claimant in undertaking a course of training or instruction provided or approved by the Secretary of State for Education and Employment under section 2 of the Employment and Training Act 1973, or by Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990 or for any period during which he is in receipt of a training allowance.]

(2) For the purposes of the carer premium under paragraph 17, a person shall be treated as being in receipt of invalid care allowance by virtue of sub-paragraph (1)(a) only if and for so long as the person in respect of whose care the allowance has been claimed remains in receipt of attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act.

Textual Amendments

F32 S.I. 1979/597.

F33 Sch. 1 para. 8(1)(b) substituted (28.10.1996) by The Social Security and Child Support (Jobseeker’s Allowance) (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/2538), regs. 1, 2(11)(a)

Lone Parent Premium

F34 9.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F34 Sch. 1 Pt. III para. 9 omitted (with effect in accordance with reg. 1(3) of the amending S.I.) by virtue of The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1803), regs. 1(b), 44(3)(b)

Pensioner premium for persons over 60

10.  The condition is that the claimant—

(a) is a single claimant or lone parent who has attained the age of 60; or

(b) has attained the age of 60 and has a partner; or

(c) has a partner and the partner has attained the age of 60 but not the age of 75.

Pensioner premium where claimant’s partner has attained the age of 75

11.  The condition is that the claimant has a partner who has attained the age of 75 but not the age of 80.

Higher Pensioner Premium

12.—(1) The condition is that–

(a) the claimant is a single claimant or lone parent who has attained the age of 60 and either—

(i) satisfies one of the additional conditions specified in paragraph 14(1)(a), (c), (e), (f) or (h); or

(ii) was entitled to either income support or income-based jobseeker’s allowance and the disability premium was applicable to him in respect of a benefit week within 8 weeks of his 60th birthday and he has, subject to sub-paragraph (2), remained continuously entitled to one of those benefits since attaining that age; or

(b) the claimant has a partner and–

(i) the partner has attained the age of 80; or

(ii) the partner has attained the age of 60 but not the age of 80, and the additional conditions specified in paragraph 14 are satisfied in respect of him; or

(c) the claimant–

(i) has attained the age of 60;

[F35 (ii) satisfies the requirements of either sub-head (i) or (ii) of paragraph 12(1)(a); and]

(iii) has a partner.

(2) For the purposes of this paragraph and paragraph 14–

(a) once the higher pensioner premium is applicable to a claimant, if he then ceases, for a period of eight weeks or less, to be entitled to either income support or incomebased jobseeker’s allowance, he shall, on becoming re-entitled to either of those benefits, thereafter be treated as having been continuously entitled thereto;

(b) in so far as sub-paragraphs (1)(a)(ii) and (1)(c)(ii) are concerned, if a claimant ceases to be entitled to either income support or an income-based jobseeker’s allowance for a period not exceeding eight weeks which includes his 60th birthday, he shall, on becoming re-entitled to either of those benefits, thereafter be treated as having been continuously entitled thereto.

[F36 (3) In this paragraph where a claimant’s partner is a welfare to work beneficiary, sub-paragraphs (1)(a)(ii) and (2)(b) shall apply to him as if for the words “8 weeks" there were substituted the words “52 weeks".]

Textual Amendments

F35 Sch. 1 para. 12(1)(c)(ii) substituted (28.10.1996) by The Social Security and Child Support (Jobseeker’s Allowance) (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/2538), regs. 1, 2(11)(b)

F36 Sch. 1 para. 12(3) added (5.10.1998) by The Social Security (Welfare to Work) Regulations 1998 (S.I. 1998/2231), regs. 1, 14(3)

Disability Premium

13.  The condition is that the claimant—

(a) is a single claimant or lone parent who has not attained the age of 60 and satisfies any one of the additional conditions specified in paragraph 14(1)(a), (c), (e), (f) or (h); or

(b) has not attained the age of 60, has a partner and the claimant satisfies any one of the additional conditions specified in paragraph 14(1)(a), (c), (e), (f) or (h); or

(c) has a partner and the partner has not attained the age of 60 and also satisfies any one of the additional conditions specified in paragraph 14.

Additional Conditions for Higher Pensioner and Disability Premium

14.—(1) The additional conditions specified in this paragraph are that

(a) the claimant or, as the case may be, his partner, is in receipt of either [F37 Disabled Person's Tax Credit] or mobility supplement;

(b) the claimant’s partner is in receipt of severe disablement allowance;

(c) the claimant or, as the case may be, his partner, is in receipt of attendance allowance or disability living allowance or is a person whose disability living allowance is payable, in whole or in part, to another in accordance with regulation 44 of the Claims and Payments Regulations (payment of disability living allowance on behalf of third party);

(d) the claimant’s partner is in receipt of long-term incapacity benefit or is a person to whom section 30B(4) of the Benefits Act (long term rate of incapacity benefit payable to those who are terminally ill) applies F38 ;

(e) the claimant or, as the case may be, his partner, has an invalid carriage or other vehicle provided to him by the Secretary of State under section 5(2)(a) of and Schedule 2 to the National Health Service Act 1977 F39 or under section 46 of the National Health Service (Scotland) Act 1978 F40 or provided by the Department of Health and Social Services for Northern Ireland under article 30(1) of the Health and Personal Social Services (Northern Ireland) Order 1972 F41 , or receives payments by way of grant from the Secretary of State under paragraph 2 of Schedule 2 to the Act of 1977 (additional provisions as to vehicles) or, in Scotland, under section 46 of the Act of 1978;

(f) the claimant or, as the case may be, his partner, is a person who is entitled to the mobility component of disability living allowance but to whom the component is not payable in accordance with regulation 42 of the Claims and Payments Regulations (cases where disability living allowance not payable);

(g) the claimant’s partner was either–

(i) in receipt of long term incapacity benefit under section 30A(5) of the Benefits Act F42 immediately before attaining pensionable age and he is still alive; or

(ii) entitled to attendance allowance or disability living allowance but payment of that benefit was suspended in accordance with regulations under section 113(2) of the Benefits Act or otherwise abated as a consequence of [F43 the partner] becoming a patient within the meaning of regulation 85(4) (special cases),

and in either case the higher pensioner premium or disability premium had been applicable to the claimant or his partner;

(h) the claimant or, as the case may be, his partner, is registered as blind in a register compiled by a local authority under section 29 of the National Assistance Act 1948 F44 (welfare services), or, in Scotland, has been certified as blind and in consequence is registered as blind in a register maintained by or on behalf of a regional or islands council.

(2) For the purposes of sub-paragraph (1)(h), a person who has ceased to be registered as blind on regaining his eyesight shall nevertheless be treated as blind and as satisfying the additional condition set out in that sub-paragraph for a period of 28 weeks following the date on which he ceased to be so registered.

Textual Amendments

F37 Words in Sch. 1 para. 14(1)(a) substituted (5.10.1999) by The Social Security and Child Support (Tax Credits) Consequential Amendments Regulations 1999 (S.I. 1999/2566), regs. 1(2), 2(2), Sch. 2 Pt. II

F38 Section 30B was inserted by the Social Security (Incapacity for Work) Act 1994 (c.18) section 2(1).

F39 1977 c.49.

F40 1978 c.29.

F41 S.I. 1972/1265 (N.I. 14).

F42 Section 30A was inserted by the Social Security (Incapacity for Work)and) Act 1994 section 1(1).

F43 Words in Sch. 1 para. 14(1)(g)(ii) substituted (7.10.1996) by The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), reg. 1(1), Sch. Pt. 2

F44 1948 c.29; section 29 was amended by section 1(2) of the National Assistance (Amendment) Act 1959 (c.30); the Mental Health (Scotland) Act 1960 (c.61) sections 113 and 114 and Schedule 4; the Local Government Act 1972 (c.70) Schedule 23 Schedule 23 paragraph 2; the Employment and Training Act 1973 (c.50) Schedule 3 paragraph 3; the National Health Service Act 1977 (c.49) Schedule 15 paragraph 6; and the Health and Social Services and Social Security Adjudications Act 1983 (c.41) Schedule 10 Part I.

Severe Disability Premium

15.—(1) In the case of a single claimant, a lone parent or a claimant who is treated as having no partner in consequence of sub-paragraph (3), the condition is that—

(a) he is in receipt of attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act; and

(b) subject to sub-paragraph (4), there are no non-dependants aged 18 or over normally residing with him or with whom he is normally residing; and

(c) an invalid care allowance under section 70 of the Benefits Act is not in payment to anyone engaged in caring for him.

(2) Where the claimant has a partner, the condition is that–

(a) the claimant is in receipt of attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act (the “qualifying benefit"); and

(b) the partner is also in receipt of a qualifying benefit, or if he is a member of a polygamous marriage, all the partners of that marriage are in receipt of a qualifying benefit; and

(c) subject to sub-paragraph (4), there is no non-dependant aged 18 or over normally residing with him or with whom he is normally residing; and

(d) either–

(i) an invalid care allowance under section 70 of the Benefits Act is not in payment to anyone engaged in caring for either member of the couple or all the members of the polygamous marriage; or

(ii) a person is engaged in caring for one member (but not both members) of the couple, or one or more but not all members of the polygamous marriage, and in consequence is in receipt of an invalid care allowance under section 70 of the Benefits Act.

(3) Where the claimant has a partner who does not satisfy the condition in sub-paragraph (2)(b), and that partner is blind or treated as blind within the meaning of paragraph 14(l)(h) and (2), that partner shall be treated for the purposes of sub-paragraph (2) as if he were not a partner of the claimant.

(4) The following persons shall not be regarded as a non-dependant for the purposes of sub-paragraphs (l)(b) and (2)(c)—

(a) a person in receipt of attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act;

(b) subject to sub-paragraph (6), a person who joins the claimant’s household for the first time in order to care for the claimant or his partner and immediately before so joining the claimant or his partner satisfied the condition in sub-paragraph (l) or, as the case may be, (2);

(c) a person who is blind or treated as blind within the meaning of paragraph 14(l)(h) and (2).

(5) For the purposes of sub-paragraph (2), a person shall be treated as being in receipt of—

(a) attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act if he would, but for his being a patient for a period exceeding 28 days, be so in receipt;

(b) invalid care allowance if he would, but for the person for whom he was caring being a patient in hospital for a period exceeding 28 days, be so in receipt.

(6) Sub-paragraph (4)(b) shall apply only for the first 12 weeks following the date on which the person to whom that provision applies first joins the claimant’s household.

(7) For the purposes of sub-paragraph (1)(c) and (2)(d), no account shall be taken of an award of invalid care allowance to the extent that payment of such an award is back-dated for a period before the date on which the award is made.

(8) A person shall be treated as satisfying this condition if he would have satisfied the condition specified for a severe disability premium in income support in paragraph 13 of Schedule 2 to the Income Support Regulations by virtue only of regulations 4 to 6 of the Income Support (General) Amendment (No.6) Regulations 1991 F45 (savings provisions in relation to severe disability premium) and for the purposes of determining whether in the particular case regulation 4 of those Regulations had ceased to apply in accordance with regulation 5(2)(a) of those Regulations, a person who is entitled to an income-based jobseeker’s allowance shall be treated as entitled to income support.

Textual Amendments

F45 S.I. 1991/2334.

Disabled Child Premium

16.  The condition is that a child or young person for whom the claimant or a partner of his is responsible and who is a member of the claimant’s household—

(a) has no capital or capital which, if calculated in accordance with Part VIII in like manner as for the claimant, except as provided in regulation 106(1) (modifications in respect of children and young persons), would not exceed £3,000; and

(b) is in receipt of disability living allowance or is no longer in receipt of that allowance because he is a patient provided that the child or young person continues to be a member of the family; or

(c) is blind or treated as blind within the meaning of paragraph 14(l)(h) and (2).

Modifications etc. (not altering text)

C4 Sch. 1 Pt. III para. 16(a) sum confirmed (with effect in accordance with art. 1(2)(j) of the amending S.I.) by The Social Security Benefits Up-rating Order 1999 (S.I. 1999/264), arts. 1(2)(j), 24(2)

Carer Premium

17.—(1) Subject to sub-paragraphs (3) and (4), the condition is that the claimant or his partner is, or both of them are, in receipt of invalid care allowance under section 70 of the Benefits Act.

(2) The claimant, his partner, or both of them, as the case may be, shall be treated for the purposes of sub-paragraph (1) as being in receipt of an invalid care allowance where—

(a) either or both of them would be in receipt of such an allowance but for any provision of the Social Security (Overlapping Benefits) Regulations 1979 F46 ; and

(b) the claim for that allowance was made on or after 1st October 1990; and

(c) the person or persons in respect of whose care the allowance has been claimed remains or remain in receipt of attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act.

(3) Where a carer premium is awarded but the person in respect of whom it has been awarded either ceases to be in receipt of, or ceases to be treated as being in receipt of, invalid care allowance, the condition for the award of the premium shall be treated as satisfied for a period of eight weeks from the date on which that person ceased to be in receipt of, or ceased to be treated as being in receipt of, invalid care allowance.

(4) Where a person who has been receiving, or who has been treated as receiving invalid care allowance ceases to be in receipt of, or ceases to be treated as being in receipt of, that allowance and makes a claim for income-based jobseeker’s allowance, the condition for the award of the carer premium shall be treated as satisfied for a period of eight weeks from the date the person ceased to be in receipt of, or ceased to be treated as being in receipt of, invalid care allowance.

Textual Amendments

F46 S.I. 1979/597.

Persons in receipt of concessionary payments

18.  For the purpose of determining whether a premium is applicable to a person under paragraphs 14 to 17, any concessionary payment made to compensate that person for the non-payment of any benefit mentioned in those paragraphs shall be treated as if it were a payment of that benefit.

Person in receipt of benefit

19.  For the purposes of this Part of this Schedule, a person shall be regarded as being in receipt of any benefit if, and only if, it is paid in respect of him and shall be so regarded only for any period in respect of which that benefit is paid.

PART IV WEEKLY AMOUNTS OF PREMIUMS SPECIFIED IN PART III

Modifications etc. (not altering text)

C5 Sch. 1 Pt. IV sums confirmed (6.4.1998 for specified purposes) by The Social Security Benefits Up-rating Order 1998 (S.I. 1998/470), arts. 1(2)(i), 24(5), Sch. 14

C6 Sch. 1 Pt. IV sums amended (with effect in accordance with art. 1(2)(j) of the amending S.I.) by The Social Security Benefits Up-rating Order 1999 (S.I. 1999/264), arts. 1(2)(j), 24(5), Sch. 14

Premium	Amount
20. F47 ...	F47 ...
(2)Pensioner premium for persons aged over 60– (a)where the claimant satisfies the condition in paragraph 10(a);	(2) (a) [F48 £23.60].
(b)where the claimant satisfies the condition in paragraph 10(b).	(b) [F48 £35.95].
(c)where the claimant satisfies the condition in paragraph 10(c).	(c) [F48 £35.95]
(3)Pensioner premium for claimants whose partner has attained the age of 75 where the claimant satisfies the condition in paragraph 11;	(3) [F48 £39.20].
(4)Higher Pensioner Premium– (a)where the claimant satisfies the condition in paragraph 12(1)(a);	(4) (a) [F48 £30.85].
(b)where the claimant satisfies the condition in paragraph 12(1)(b) or (c).	(b) [F48 £44.65].
(5)Disability Premium– (a)where the claimant satisfies the condition in paragraph 13(a);	(5) (a) [F48 £21.90].
(b)where the claimant satisfies the condition in paragraph 13(b) or (c).	(b) [F48 £31.25].
(6)Severe Disability Premium– (a)where the claimant satisfies the condition in paragraph 15(1);	(6) (a) [F48 £39.75].
(b)where the claimant satisfies the condition in paragraph 15(2)– (i)if there is someone in receipt of an invalid care allowance or [F49 if any partner of the claimant] satisfies that condition by virtueof paragraph 15(5);	(b) (i) [F48 £39.75].
(ii)if no-one is in receipt of such an allowance.	(ii) [F48 £79.50].
(7)Disabled Child Premium.	(7) [F48 £21.90] in respect of each child or young person in respect of whom the conditions specified in paragraph 16 are satisfied.
(8)Carer Premium.	(8) [F48 £13.95] in respect of each person who satisfied the condition specified in paragraph 17.

Textual Amendments

F47 Sch. 1 Pt. IV para. 20(1) entries omitted (with effect in accordance with reg. 1(3) of the amending S.I.) by virtue of The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1803), regs. 1(b), 44(4)

F48 Sums in Sch. 1 Pt. IV substituted (with effect in accordance with art. 1(2)(j) of the amending S.I.) by The Social Security Benefits Up-rating Order 1999 (S.I. 1999/264), arts. 1(2)(j), 24(5), Sch. 14

F49 Words in Sch. 1 para. 20(6)(b)(i) substituted (7.10.1996) by The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), reg. 1(1), Sch. Pt. 2

PART V ROUNDING OF FRACTIONS

21.  Where an income-based jobseeker’s allowance is awarded for a period which is not a complete benefit week and the applicable amount in respect of that period results in an amount which includes a fraction of one penny that fraction shall be treated as one penny.