87.—(1) In the case of a person who, before 7th October 1996 was entitled to a special transitional addition or transitional addition in accordance with the Income Support (Transitional) Regulations 1987(1), the amount of any income-based jobseeker’s allowance payable to him shall be increased by an amount equal to those additions, but the increase shall continue to be payable only for so long as the claimant continues to satisfy the requirements imposed in those Regulations for payment of the addition.
(2) A claimant’s weekly applicable amount shall include an amount (the “protected sum”) equal to any protected sum which would have been applicable in his case under regulation 17(1)(g) or 18(1)(h) of, and Schedules 3A and 3B to, the Income Support Regulations(2) had he been entitled to income support and not a jobseeker’s allowance.
(3) In the case of any person who had he been entitled to income support and not a jobseeker’s allowance, would in any week have had a higher applicable amount, in accordance with regulation 17(2) to (6A) of the Income Support Regulations(3), than the amount applicable to him in accordance with regulation 82 or, as the case may be, 83 then that amount shall be substituted for the applicable amount determined under that regulation.
(4) Paragraph (5) applies to a person who, had he been entitled to income support and not a jobseeker’s allowance, would have been a person to whom any of the following transitional or savings provisions would have applied—
(a)the Income Support (General) Amendment No.3 Regulations 1993(4) (“the 1993 Regulations”), regulation 4;
(b)the Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1995 (“the 1995 Regulations”)(5), regulation 28.
(5) Where this paragraph applies, the amount of housing costs applicable in the particular case shall be determined as if, in Schedule 2—
(a)in a case to which regulation 4(1) of the 1993 Regulations would have applied, paragraph 10(4) to (9) was omitted;
(b)in a case to which regulation 4(4) of the 1993 Regulations would have applied, in paragraph 10(5) for the reference to £100,000 there was substituted a reference to £150,000; and
(c)in a case to which the 1995 Regulations apply, in paragraph 10(5) for the reference to £100,000 there was substituted a reference to £125,000.
(6) In determining for the purposes of this regulation whether, if the claimant were entitled to income support—
(a)an amount would be applicable;
(b)an amount would be payable; or
(c)if an amount was payable, the rate at which it would be payable,
any requirement that the person be entitled to income support, or to income support for any period of time, shall be treated as if the reference to income support included also a reference to an income-based jobseeker’s allowance.
(7) For the purposes of applying paragraph (6), regulation 3A of the Income Support Regulations(6) shall have effect—
(a)as if in paragraph (1)(a), after the words “permitted period”, there was included the words “subject to paragraph (2A)”; and
(b)with the addition after paragraph (1) of the following paragraphs–
“(2A) Subject to paragraph (2B) where the claimant or his partner has ceased to be engaged in remunerative work, the permitted period shall be 8 weeks if—
(a)a jobseeker’s allowance was not payable to the claimant in the circumstances mentioned in section 19(6)(a) or (b) of the Jobseekers Act 1995 (employment left voluntarily or lost through misconduct); or
(b)the claimant or his partner has ceased to be engaged in that work within 4 weeks of beginning it; or
(c)at any time during the period of 13 weeks immediately preceding the beginning of that work, the person who has ceased to be engaged in it—
(i)was engaged in remunerative work; or
(ii)was in relevant education; or
(iii)was a student.
(2B) Paragraph (2)(b) or (2)(c) shall not apply in the case of a person who, by virtue of regulation 74 of the Jobseeker’s Allowance Regulations 1996, is a person to whom section 19(6)(b) of the Jobseekers Act 1995 does not apply.
(2C) In this regulation, “remunerative work” means remunerative work for the purposes of the Jobseekers Act 1995.”
S.I. 1987/1969; the relevant amending instruments are S.I. 1988/521 and 1989/1626.
The relevant amending instruments are S.I. 1988/1445 and 1989/534.
The relevant amending instrument is S.I. 1988/910.
S.I.1987/1967; regulation 3A was inserted by S.I. 1989/1678.