The Jobseeker’s Allowance Regulations 1996

PART 1 PERSONAL ALLOWANCES

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 £29.60]
(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 £38.90]
(c) less than 18 who satisfies the condition in paragraph 13(a) of Part 3;	(c)[F1 £38.90]
(d) not less than 18 but less than 25;	(d)[F1 £38.90]
(e) not less than 25.	(e)[F1 £49.15]
(2) Lone parent aged– (a) except where head (b) or (c) of this sub-paragraph applies, less than 18;	2. (a)[F1 £29.60]
(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 £38.90]
(c) less than 18 who satisfies the condition in paragraph 13(a) [F4 of Part 3];	(c)[F1 £38.90]
(d) not less than 18.	(d)[F1 £49.15]
(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 £58.70]
(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 £38.90]
(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 £29.60]
(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 £38.90]
(e) where both members are aged not less than 18;	(e)[F1 £77.15]
(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 £77.15]
(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 £38.90]
(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 £49.15]

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 1997 (S.I. 1997/543), arts. 1(2)(j), 24(3), Sch. 13 (with art. 24(4))

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) [F1 £16.90]
(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 £24.75]
(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 £29.60]
	F13 . . .

[F14 (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) [F15 £24.75]
(c) not less than 16 but less than 18;	(c) [F16 £29.60]
(d) not less than 18.]	(d) [F17 £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 1997 (S.I. 1997/543), arts. 1(2)(j), 24(3), Sch. 13 (with art. 24(4))

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 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)

F14 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)

F15 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)

F16 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)

F17 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, £54.00; and

(b) where the home in which the person resides is situated within the area described in Schedule 3 (the Greater London area), £60.00.

(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 [F18 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 F19 or is deemed to be so registered by virtue of section 2(3) of the Registered Homes (Amendment) Act 1991 F20 (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 F21 or is an establishment provided by a housing association registered with Scottish Homes established by the Housing (Scotland) Act 1988 F22 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 F23 , 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

F18 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)

F19 1984 c.23.

F20 1991 c.20.

F21 1968 c.49; section 61 was amended by the Criminal Procedure (Scotland) Act 1975 (c.21) sections 289C and 289G and Schedule 7C.

F22 1988 c.43.

F23 1938 c.73.