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

Persons attaining pensionable age

17.—(1) Where—

(a) the qualifying benefit is income support and the person entitled to the qualifying benefit has attained the day immediately preceding his 60th birthday; or

(b) the qualifying benefit is a jobseeker’s allowance and the person entitled to the qualifying benefit has attained the day immediately preceding pensionable age,

and in either case the person is within the bonus period, he shall, notwithstanding that the requirement specified in paragraph (2) is not satisfied in his case, be entitled to a bonus.

(2) The requirement specified in this paragraph is that entitlement to the bonus has not arisen because—

(a) the person has not claimed the bonus;

(b) the work condition is not satisfied; or

(c) the person has not claimed the bonus and the work condition is not satisfied.

(3) In the case of a person who is entitled to a bonus in accordance with paragraph (1), the bonus period and the period of entitlement to a qualifying benefit shall end on the day he attained the age of 60 or, as the case may be, pensionable age.

(4) Where a person who ceases to be entitled to a jobseeker’s allowance after attaining the age of 60 becomes entitled to income support within 12 weeks of ceasing to be entitled to a jobseeker’s allowance, or after an intervening period as provided for in regulation 2, he shall be entitled to a bonus in accordance with paragraph (1)(a) on the day he claims income support, and notwithstanding paragraph (3) his bonus period shall be treated as ending on the day he claims income support.

(5) Where, 12 weeks before attaining—

(a) the age of 60, the person ceased to be entitled to income support; or

(b) pensionable age, the person ceased to be entitled to a jobseeker’s allowance,

but failed to satisfy any one of the conditions specified in regulation 7, he shall, if he makes a claim for a bonus in the period of 12 weeks after he attains that age, be entitled to the bonus notwithstanding his failure to satisfy any of those conditions.

(6) Where a person to whom paragraph (5) applies becomes entitled to income support within the period of 12 weeks after he attains the age of 60, or, as the case may be, pensionable age, or after an intervening period as provided for in regulation 2, he shall be entitled to a bonus notwithstanding his failure to satisfy any one of the conditions specified in regulation 7.

(7) The amount of any bonus to which a person may be entitled in accordance with this regulation shall be calculated in accordance with regulation 8.