The Social Security Amendment (Carer Premium) Regulations 2002

Jobseeker’s Allowance: Carer Premium Run-on

3.—(1) In paragraph 17 of Schedule 1 to the Jobseeker’s Allowance Regulations 1996(1)—

(a) for sub-paragraph (3)(2) there shall be substituted the following sub-paragraphs—

“(3) Where a carer premium is awarded but—

(a) the person in respect of whose care the invalid care allowance has been awarded dies; or

(b) in any other case the person in respect of whom a carer premium has been awarded ceases to be entitled or ceases to be treated as entitled to an invalid care allowance,

the condition for the award of the premium shall be treated as satisfied for a period of eight weeks from the relevant date specified in sub-paragraph (3A) below.

(3A) The relevant date for the purposes of sub-paragraph (3) above shall be—

(a) the Sunday following the death of the person in respect of whose care an invalid care allowance has been awarded or the date of death if the death occurred on a Sunday;

(b) where sub-paragraph (2) applies, the date on which the person in respect of whose care the invalid care allowance has been awarded ceased to be in receipt of the allowances referred to in paragraph (c) of that sub-paragraph;

(c) in any other case, the date on which the person who has been entitled to an invalid care allowance ceases to be entitled to that allowance.”;

(b) in sub-paragraph (4)(3) for paragraphs (a) and (b) there shall be substituted the following paragraphs—

“(a) the person in respect of whose care the invalid care allowance has been awarded dies;

(b) where sub-paragraph (2) applies, the person in respect of whose care the invalid care allowance has been awarded ceased to be in receipt of the allowances referred to in paragraph (c) of that sub-paragraph;

(c) in any other case, that person ceased to be entitled to invalid care allowance.”.

(2) In paragraph 20J(4) of Schedule 1 to the Jobseeker’s Allowance Regulations 1996—

(a) for sub-paragraph (3) there shall be substituted the following sub-paragraphs—

“(3) Where a carer premium is awarded but—

(a) the person in respect of whose care the invalid care allowance has been awarded dies; or

(b) in any other case the member of the joint-claim couple in respect of whom a carer premium has been awarded ceases to be entitled or ceases to be treated as entitled to an invalid care allowance,

the condition for the award of the premium shall be treated as satisfied for a period of eight weeks from the relevant date specified in sub-paragraph (3A) below.

(3A) The relevant date for the purposes of sub-paragraph (3) above shall be—

(a) the Sunday following the death of the person in respect of whose care an invalid care allowance has been awarded or beginning with the date of death if the death occurred on a Sunday;

(b) where sub-paragraph (2) applies, the date on which the person in respect of whose care the invalid care allowance has been awarded ceased to be in receipt of the allowances referred to in paragraph (c) of that sub-paragraph;

(c) in any other case, the date on which that member ceased to be entitled to an invalid care allowance.”;

(b) in sub-paragraph (4) for paragraphs (a) and (b) there shall be substituted the following paragraphs—

“(a) the person in respect of whose care the invalid care allowance has been awarded dies;

(b) where sub-paragraph (2) applies, the person in respect of whose care the invalid care allowance has been awarded ceased to be in receipt of the allowances referred to in paragraph (c) of that sub-paragraph;

(c) in any other case, that member was last entitled to an invalid care allowance.”.

(1)

S.I. 1996/207.

(2)

Sub-paragraph (3) was substituted by S.I. 2000/681.

(3)

Sub-paragraph (4) was inserted by S.I. 2000/681.

(4)

Paragraph 20J was inserted by S.I. 2000/1978.