The Jobseeker’s Allowance Regulations 1996

5.—(1) In a case to which this paragraph applies, £15; but notwithstanding regulation 88 (calculation of income and capital of members of claimant’s family and of a polygamous marriage), if this paragraph applies to a claimant it shall not apply to his partner except where, and to the extent that, the earnings of the claimant which are to be disregarded under this paragraph are less than £15.

(2) This paragraph applies where the claimant’s applicable amount includes, or but for his being an in-patient or in accommodation in a residential care home or nursing home or in residential accommodation would include, an amount by way of a disability premium under Schedule 1 (applicable amounts).

(3) This paragraph applies where–

(a) the claimant is a member of a couple, and–

(i) his applicable amount would include an amount by way of the disability premium under Schedule 1 but for the higher pensioner premium under that Schedule being applicable; or

(ii) had he not been an in-patient or in accommodation in a residential care home or nursing home or in residential accommodation his applicable amount would include the higher pensioner premium under that Schedule and had that been the case he would also satisfy the condition in (i) above; and

(b) he or his partner is under the age of 60 and at least one is engaged in part-time employment.

(4) This paragraph applies where–

(a) the claimant’s applicable amount includes, or but for his being an in-patient or in accommodation in a residential care home or nursing home or in residential accommodation would include, an amount by way of the higher pensioner premium under Schedule 1; and

(b) the claimant or, if he is a member of a couple, either he or his partner has attained the age of 60; and

(c) immediately before attaining that age he or, as the case may be, he or his partner was engaged in part-time employment and the claimant was entitled by virtue of sub-paragraph (2) or (3) to a disregard of £15; and

(d) he or, as the case may be, he or his partner has continued in part-time employment.

(5) This paragraph applies where–

(a) the claimant is a member of a couple and–

(i) his applicable amount would include an amount by way of the disability premium under Schedule 1 but for the pensioner premium where the claimant’s partner has attained the age of 75 being applicable under that Schedule; or

(ii) had he not been an in-patient or in accommodation in a residential care home or nursing home or in residential accommodation his applicable amount would include the pensioner premium where the claimant’s partner has attained the age of 75 under that Schedule; and had that been the case he would also satisfy the condition in (i) above; and

(b) the claimant is under the age of 60 and his partner has attained the age of 75 but is under the age of 80 and at least one member of the couple is engaged in part-time employment.

(6) This paragraph applies where–

(a) the claimant is a member of a couple and has attained the age of 60 and his partner has attained the age of 75 but is under the age of 80; and

(b) immediately before the claimant attained the age of 60 either member of the couple was engaged in part-time employment and the claimant was entitled by virtue of sub-paragraph (5) to a disregard of £15; and

(c) either he or his partner has continued in part-time employment.

(7) For the purposes of this paragraph–

(a) except where head (b) or (c) applies, no account shall be taken of any period not exceeding eight consecutive weeks occurring—

(i) on or after the date on which the claimant or, if he is a member of a couple, he or his partner attained the age of 60 during which either was or both were not engaged in part-time employment or the claimant was not entitled to a jobseeker’s allowance or income support; or

(ii) immediately after the date on which the claimant or his partner ceased to participate in arrangements for training made under section 2 of the Employment and Training Act 1973(1) or section 2 of the Enterprise and New Towns (Scotland) Act 1990(2) or to participate in an employment rehabilitation programme established under that section of the 1973 Act;

(b) in a case where the claimant has ceased to be entitled to a jobseeker’s allowance or income support because he, or if he is a member of a couple, he or his partner becomes engaged in remunerative work, no account shall be taken of any period, during which he was not entitled to a jobseeker’s allowance or income support, not exceeding the permitted period, occurring on or after the date on which the claimant or, as the case may be, his partner attained the age of 60;

(c) no account shall be taken of any period occurring on or after the date on which the claimant or, if he is a member of a couple, he or his partner attained the age of 60 during which the claimant was not entitled to a jobseeker’s allowance or income support because he or his partner was participating in arrangements for training made under section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990 or participating in an employment rehabilitation programme established under that section of the 1973 Act;

(1)

1973 c. 50; section 2 was amended by section 25(1) of the Employment Act 1988 (c. 19), Part I of Schedule 7 to the Employment Act 1989 (c. 38), and section 47(1) of the Trade Union Reform and Employment Rights Act 1993 (c. 19).

(2)

1990 c. 35.