The Social Security (Back to Work Bonus) (No.2)Regulations 1996

Couples both of whom are entitled to a qualifying benefit

16.—(1) Where—

(a) one member of a couple is entitled to a contribution-based jobseeker’s allowance; and

(b) the other member of the couple is entitled to an income-based jobseeker’s allowance or to income support; or

(c) one member of a polygamous marriage is entitled to a contribution-based jobseeker’s allowance; and

(d) another member of the polygamous marriage is entitled to an income-based jobseeker’s allowance,

any bonus which accrues in respect of the earnings of the person entitled to a contribution-based jobseeker’s allowance shall accrue to the bonus of the person who within the bonus period was last entitled to an income-based jobseeker’s allowance or to income support.

(2) Where—

(a) two persons become a couple;

(b) neither member of the couple has served his waiting period;

(c) both members of the couple have, at the time they become a couple, a current period of entitlement to a qualifying benefit, or had a period of entitlement to a qualifying benefit within 12 weeks of the day after they became a couple;

(d) one member of the couple has fewer days of entitlement to a qualifying benefit (represented by “A”) in that period than the other member (represented by “B”);

(e) the person entitled to the qualifying benefit after they became a couple is the person with the fewer days of entitlement; and

(f) the qualifying benefit to which he is entitled is not a contribution-based jobseeker’s allowance,

then the number of waiting days the person is required to serve in accordance with regulation 6(2) shall be reduced by a number equal to the number by which B exceeds A.