Social Security Amendment (Joint Claims) Regulations 2001
| Year | 2001 |
2001 No. 518
SOCIAL SECURITY
The Social Security Amendment (Joint Claims) Regulations 2001
Made 22th February 2001
Laid before Parliament 26th February 2001
Coming into force 19th March 2001
The Secretary of State for Education and Employment, in relation to regulation 2(2) to (4) and (6) and the Secretary of State for Social Security in relation to the remainder of these Regulations, in exercise of the powers conferred by sections 1(2C) and (4), 4(5), 5(3), 21, 35(1) and 36(1), (2) and (4) of, and paragraph 8A(1) of Schedule 1 to, the Jobseekers Act 19951, sections 22(5), 122(1), 136(5)(b), 137(1) and 175(1) and (3) of the Social Security Contributions and Benefits Act 19922, sections 8(1)(c), 10, 12(1)(b), 39(2) and 79(1) and (4) of, and paragraph 9 of Schedule 3 to, the Social Security Act 19983and sections 5(1)(i), 189(1) and (4) and 191 of the Social Security Administration Act 19924and of all other powers enabling each of them in that behalf, after consultation, in relation to regulation 6, with organisations appearing to him to be representative of the authorities concerned5, by this Instrument which contains only regulations made by virtue of, or consequential upon, section 59 of, and Schedule 7 to, the Welfare Reform and Pensions Act 1999 and which is made before the end of the period of six months beginning with the coming into force of those provisions6, hereby make the following Regulations:
Citation, commencement and interpretation
1.—(1) These Regulations shall be cited as the Social Security Amendment (Joint Claims) Regulations 2001 and shall, subject to paragraph (2) below, come into force on 19th March 2001.
(2) Regulation 2(1) to (4), (6) and (7) of these Regulations shall come into force immediately after the Jobseeker’s Allowance (Joint Claims) Regulations 20007.
Amendment of the Jobseeker’s Allowance Regulations 1996
2.—(1) The Jobseeker’s Allowance Regulations 19968shall be amended in accordance with the following paragraphs of this regulation.
(2) In regulation 3A(1) (prescribed description of a joint-claim couple for the purposes of section 1(4)), after the words “where at least one member” there shall be inserted the words “is aged 18 or over and”.
(3) For regulation 3D(1)(c) (further circumstances in which a joint-claim couple may be entitled to a joint-claim jobseeker’s allowance), there shall be substituted the following sub-paragraph—
“(c)
“(c) the other member satisfies the condition in section 1(2)(e) and (h) but is not required to satisfy the other conditions in section 1(2B)(b)9because, subject to paragraph (3), he is a person to whom any paragraph in Schedule A1 applies; and”.
(4) In regulation 3E(2) (entitlement of a member of a joint-claim couple to a jobseeker’s allowance without a claim being made jointly by the couple), in both sub-paragraphs (g) and (k), for the words “more than 16 hours” there shall be substituted the words “16 hours or more”.
(5) At the end of regulation 47(4)(b)(ii) (jobseeking period), there shall be added the words “or on which the claimant is a member of a joint-claim couple and a joint-claim jobseeker’s allowance is not payable or is reduced because he is subject to sanctions by virtue of section 20A”.
(6) In Schedule A1 (categories of members of a joint-claim couple who are not required to satisfy the conditions in section 1(2B)(b))—
(a)
(a) in the heading, for “Regulation 3D(1)(c)(iii)” there shall be substituted “Regulation 3D(1)(c)”;
(b)
(b) for paragraph 2(1) and (2) there shall be substituted the following sub-paragraphs—
“2.—(1) A member—
(a)
(a) who, at the date of claim, is aged 16 or over but under 19 and is receiving full-time education for the purposes of section 142 of the Benefits Act;
(b)
(b) who, at the date of claim, is a full-time student; or
(c)
(c) to whom (a) or (b) does not apply but to whom sub-paragraph (1A) or (2) does apply.
(1A) This sub-paragraph applies to a member who—
(a)
(a) as at the date of claim—
(i) had applied to an educational establishment to commence a full-time course of study commencing from the beginning of the next academic term or, as the case may be, the next academic year after the date of claim and that application has not been rejected; or
(ii) had been allocated a place on a full-time course of study commencing from the beginning of the next academic term or, as the case may be, the next academic year; and
(b)
(b) is either—
(i) aged 16 or over but under 19 and is receiving full-time education for the purposes of section 142 of the Benefits Act; or
(ii) a full-time student.
(2) This sub-paragraph applies to a member who has applied to an educational establishment to commence a full-time course of study (other than a course of study beyond a first degree course or a comparable course)—
(a)
(a) within one month of—
(i) the last day of a previous course of study; or
(ii) the day on which the member received examination results relating to a previous course of study; and
(b)
(b) who is either—
(i) aged 16 or over but under 19 and is receiving full-time education for the purposes of section 142 of the Benefits Act; or
(ii) a full-time student.”.
(7) In the first column of paragraph 20M(4)(i) of Schedule 1 (applicable amounts), for “20I(3)” there shall be substituted “20I(4)”.
Amendment of the Social Security (Credits) Regulations 1975
3. In regulation 8A(5) of the Social Security (Credits) Regulations 197510(credits for unemployment)—
(a) after sub-paragraph (c) there shall be inserted the following sub-paragraph—
“(cc)
“(cc) a week in respect of which a joint-claim jobseeker’s allowance was not payable or was reduced pursuant to section 20A of that Act because the person was subject to sanctions for the purposes of that section, even though the couple of which he was a member satisfied the conditions for entitlement to that allowance;”;
(b) after sub-paragraph (d) there shall be inserted the following sub-paragraph—
“(dd)
“(dd) a week in respect of which a joint-claim jobseeker’s allowance was payable in respect of a joint-claim couple of which the person is a member only by virtue of regulation 146C of the Jobseeker’s Allowance Regulations 199611(circumstances in which a joint-claim jobseeker’s allowance is payable where a joint-claim couple is a couple in hardship);”.
Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999
4. In the Social Security and Child Support (Decisions and Appeals) Regulations 199912—
(a) in regulation 1(3) (citation, commencement and interpretation) after the definition of “the Jobseeker’s Allowance Regulations” there shall be inserted the following definitions—
““a joint-claim...
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