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The Jobseeker’s Allowance (Transitional Provisions) Regulations 1996
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- UK Statutory Instruments
- 1996 No. 2567
- Regulation 18
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- Regulations modified by S.I. 1999/779 art. 2 Sch.
Questions not immediately ascertainableE+W+S
18.—(1) During the transitionally protected period, where on consideration of a claim or question relating to a jobseeker’s allowance it appears to an adjudication officer that the claimant’s entitlement to, or the rate or amount of, that benefit depends on the determination of—
(a)a question as to the amount of housing costs to be included in the claimant’s applicable amount, and the adjudication officer is satisfied that not all the housing costs can be immediately ascertained, he shall proceed to determine the claim or question on the assumption that the housing costs to be included in the claimant’s applicable amount are those which are immediately ascertainable;
(b)a question as to whether the conditions specified in section 1(2) other than sub-paragraph (d)(i), or a question as to whether the conditions specified in section 2, other than those specified in sub-section (1)(c) or (d), are satisfied, and the adjudication officer is satisfied that the answer to one of those questions cannot be immediately ascertained, he shall proceed to determine the claim on the assumption that the answers to either question are those which are immediately ascertainable;
(c)any of the questions mentioned in paragraph (2), and he is satisfied that the questions cannot be immediately determined, he shall proceed to determine the claim or question on the assumption that the determination of that question will be adverse to the claimant.
(2) The questions referred to in paragraph (1)(c) are—
(a)whether section 19 (circumstances in which a jobseeker’s allowance is not payable) applies for any period;
(b)whether in relation to any claimant the applicable amount includes an amount by way of a severe disability premium by virtue of regulation 17(1)(d) or 18(1)(e) of, and paragraph 13 of Schedule 2 to, the Income Support Regulations (applicable amounts).
(3) A determination relating to a jobseeker’s allowance made in accordance with the foregoing provisions of this regulation shall be reviewed where it is necessary to give effect to any determination on a question to which those provisions apply.
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