The Jobseeker’s Allowance Regulations 1996

PART XI PART-WEEKS

Amount of a jobseeker’s allowance payable

150.—(1) Subject to the following provisions of this Part, the amount payable by way of an income-based jobseeker’s allowance in respect of part-week shall be calculated by applying the formula—

(a) where the claimant has no income–

; or

(b) where the claimant has an income–

where—

• A is the claimant’s weekly applicable amount in the relevant week;

• B is the amount of any jobseeker’s allowance, income support, maternity allowance, incapacity benefit or severe disablement allowance payable to any member of the claimant’s family other than the claimant in respect of any day in the part-week;

• I is the claimant’s weekly income in the relevant week less B;

• N is the number of days in the part-week.

(2) Subject to the following provisions of this Part, the amount payable by way of a contribution-based jobseeker’s allowance in respect of a part-week shall be calculated by applying the formula—

where—

• X is the personal rate determined in accordance with section 4(1);

• Y is the amount of any widow’s benefit, invalid care allowance, training allowance and any increase in disablement pension payable in accordance with Part I of Schedule 7 to the Benefits Act (Unemployability Supplement) payable in respect of any day in the part-week;

• N is the number of days in the part-week.

(3) In this Part–

“part-week” means an entitlement to a jobseeker’s allowance in respect of any period of less than a week;

“relevant week” means the period of 7 days determined in accordance with regulation 152.

Amount of a jobseeker’s allowance payable where a person is in a residential care or nursing home

151.—(1) subject to regulations 153 and 154 in the case of a claimant–

(a) to whom regulation 86 (applicable amounts for persons in residential care or nursing homes) applies, and

(b) for whom the weekly charge for the accommodation is due to be paid during a part-week to which regulation 152(1) applies,

the amount of a jobseeker’s allowance payable shall be—

(i) where the claimant has no income, A; or

(ii) where the claimant has income, calculated in accordance with the formula

where

• “A”,

• “B” and

• “I” have the values set out in regulation 150(1).

(2) In a case to which paragraph (1) applies, the claimant’s weekly applicable amount shall be—

(a) where the weekly charge for the accommodation includes all meals, the aggregate of the following amounts—

(i) the weekly charge for the accommodation determined in accordance with paragraph 1(1)(a) of Schedule 4; and

(ii) the amount calculated in accordance with the formula–

(b) where the weekly charge for the accommodation does not include all meals, the aggregate of the following amounts—

(i) the weekly charge for the accommodation determined in accordance with paragraph 1(1)(a) of Schedule 4 less M; and

(ii) the amount calculated in accordance with the formula–

(3) In paragraph 2–

“H” means the weekly amount determined in accordance with paragraph 1(1)(c) of Schedule 4;

“M” means the amount of the increase for meals calculated on a weekly basis in accordance with paragraph 2 of Schedule 4;

“P” means the weekly amount for personal expenses determined in accordance with paragraph 11 of Schedule 4.

Relevant week

152.—(1) Where the part-week–

(a) is the whole period for which a jobseeker’s allowance is payable or occurs at the beginning of an award, the relevant week is the period of 7 days ending on the last day of that part-week; or

(b) occurs at the end of an award, the relevant week is the period of 7 days beginning on the first day of the part week; or

(c) occurs because a jobseeker’s allowance is not payable for any period in accordance with section 19 of the Act (circumstances in which a jobseeker’s allowance is not payable), the relevant week is the 7 days ending immediately before the start of the next benefit week to commence for that claimant.

(2) Where a person has an award of a jobseeker’s allowance and his benefit week changes, for the purpose of calculating the amounts of a jobseeker’s allowance payable for the part-week beginning on the day after his last complete benefit week before the change and ending immediately before the change, the relevant week is the period of 7 days beginning on the day after the last complete benefit week.

Modification in the Calculation of Income

153.  For the purposes of regulation 150 (amount of jobseeker’s allowance payable for part-weeks) a claimant’s income and, in determining the amount payable by way of an income-based jobseeker’s allowance, the income of any person which the claimant is treated as possessing under section 12(4) or regulation 88(4), shall be calculated in accordance with Parts VIII, and, where applicable, IX and X subject to the following changes—

(a) any income which is due to be paid in the relevant week shall be treated as paid on the first day of that week;

(b) in determining the amount payable by way of an income-based jobseeker’s allowance, any jobseeker’s allowance, income support, maternity allowance, incapacity benefit or severe disablement allowance under the Benefits Act payable in the relevant week but not in respect of any day in the part-week shall be disregarded;

(c) in determining the amount payable by way of a contribution-based jobseeker’s allowance, any widow’s benefit, invalid care allowance, training allowance or any increase in disablement pension payable in accordance with Part I of Schedule 7 to the Benefits Act (Unemployability Supplement) which is payable in the relevant week but not in respect of any day in the part-week shall be disregarded;

(d) where the part-week occurs at the end of the claim, any income or any change in the amount of income of the same kind which is first payable within the relevant week but not on any day in the part-week shall be disregarded;

(e) where the part-week occurs immediately after a period in which a person was treated as engaged in remunerative work under regulation 52 (persons treated as engaged in remunerative work) any earnings which are taken into account for the purposes of determining that period shall be disregarded;

(f) where only part of the weekly amount of income is taken into account in the relevant week, the balance shall be disregarded.

Reduction in certain cases

154.  The reduction to be made in accordance with Part IX (Hardship) in respect of an income based jobseeker’s allowance shall be an amount equal to one seventh of the reduction which would be made under that Part for a week multiplied by the number of days in the part-week.

Modification of section 15(2) of the Act

155.  In its application to an income-based jobseeker’s allowance payable for a part-week, section 15(2)(d) shall have effect subject to the following modification—

“(d) any payment by way of an income-based jobseeker’s allowance for that period or any part of it which apart from this paragraph would be made to the claimant—

(i) shall not be made, if the amount of an income-based jobseeker’s allowance which would be payable for a period of less than a week is equal to or less than the proportion of the prescribed sum appropriate to the number of days in the part-week;

(ii) shall be at a rate equal to the difference between the amount which would be payable for a period of less than a week and the prescribed sum where that amount would be more than the prescribed sum.”.