The Social Security Amendment (Joint Claims) Regulations 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made by virtue of, or in consequence of, provisions in section 59 of, and Schedule 7 to, the Welfare Reform and Pensions Act 1999 (c. 30). The Instrument is made before the end of the period of six months beginning with the coming into force of those provisions; the regulations in it are therefore exempted from the requirement in section 172(1) of the Social Security Administration Act 1992 (c. 5) to refer proposals to make these Regulations to the Social Security Advisory Committee and are made without reference to that Committee.

Regulation 2 amends the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207) by—

(a) clarifying the definition of a joint-claim couple so that it includes a couple where at least one member must be aged 18 or over (regulation 2(2));

(b) clarifying the position as to when a joint-claim couple may be entitled to a joint-claim jobseeker’s allowance whilst one member is not required to satisfy the conditions in section 1(2B)(b) of the Jobseekers Act 1995 and making a consequential amendment (c .18) (regulation 2(3) and (6)(a));

(c) ensuring that joint claims do not have to be made in certain circumstances where one member of the couple is working 16 hours per week (regulation 2(4));

(d) providing that days where a member of a joint-claim couple satisfies the conditions for entitlement to a contribution-based jobseeker’s allowance and a joint-claim jobseeker’s allowance is not payable or is reduced because he is subject to sanctions for the purposes of section 20A of the Jobseekers Act 1995, shall be treated as a day of entitlement to a contribution-based jobseeker’s allowance (regulation 2(5));

(e) making an amendment which clarifies the rule as to when those receiving full-time education or those who are full-time students may be exempt from having to comply with the jobseeking conditions (regulation 2(6)(b));

(f) correcting a reference in paragraph 20M of Schedule 1 (regulation 2(7)).

Regulation 3 amends regulation 8A of the Social Security (Credits) Regulations 1975 (S.I. 1975/556) by preventing credits from being awarded where a joint-claim jobseeker’s allowance is not payable or is reduced because a person is subject to sanctions pursuant to section 20A of the Jobseekers Act 1995 or where such a couple is only receiving a joint-claim jobseeker’s allowance because they are a couple in hardship.

Regulation 4 amends the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (S.I. 1999/991) by inserting definitions into regulation 1(3), providing a new right of appeal in regulation 26 against a decision that a couple are required to make a joint claim and the reason for that decision is that one member of the couple who is working is not engaged in remunerative work and providing in paragraph 8 of Schedule 3A of the Regulations an effective date where a joint-claim couple separate.

Regulation 5 amends the Social Security (Claims and Payments) Regulations 1987 (S.I. 1987/1968) by providing that where a member of a joint-claim couple to whom a joint-claim jobseeker’s allowance is payable disappears, that allowance shall be payable to the other member of that couple.

Regulation 6 amends the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971) and the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/1814) by ensuring that where a claimant for those benefits is a member of a joint-claim couple and his partner is getting income-based jobseeker’s allowance, the whole of his income and capital will nevertheless be disregarded.

These Regulations do not impose any charge on business.