Jobseeker's Allowance (Joint Claims) Regulations 2000

2000 No. 1978

SOCIAL SECURITY

The Jobseeker’s Allowance (Joint Claims) Regulations 2000

Made 24th July 2000

Laid before Parliament 27th July 2000

Coming into force 19th March 2001

The Secretary of State for Education and Employment, in relation to regulation 2(2) and (5) of these Regulations (in so far as regulation 2(5) relates to paragraphs 2 to 9 and 18 to 32 of Schedule 2 to these Regulations), 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), (2D) and (4), 3(1)(f)(iii) and (2), 3A(1)(e)(ii), 4(5), 8(1A)(a) to (c) and (2), 9(1) and (10), 12(1), (2) and (4)(a) and (b), 13(2A), 17(1A), 19(8) and (10), 20(4) and (6), 20A(3), (5)(b), (6), (8) and (9), 20B(3) to (8), 21, 35(1) and 36(1), (2) and (4) of, and paragraphs 1, 4, 5, 8A(1) and (2), 9, 9A to 9D, 10(1) to (4), 11(2), 12 and 15 of Schedule 1 to, the Jobseekers Act 19951, section 171D, 171G(2) and 175(3) and (4) of the Social Security Contributions and Benefits Act 19922and sections 72(1) and 83(4) of the Welfare Reform and Pensions Act 19993and of all other powers enabling each of them in that behalf, by this Instrument which contains only regulations made by virtue of, or consequential upon, provisions of 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 provisions4, hereby make the following Regulations:

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) These Regulations shall be cited as the Jobseeker’s Allowance (Joint Claims) Regulations 2000 and shall come into force on 19th March 2001.

(2) In these Regulations, “the principal Regulations” means the Jobseeker’s Allowance Regulations 19965.

S-2 Amendment of the principal Regulations

Amendment of the principal Regulations

2.—(1) The principal Regulations shall be amended in accordance with the following paragraphs of this regulation.

(2) After Part I there shall be inserted the following Part—

PART IA

JOINT-CLAIM COUPLES

S-3A

Prescribed description of a joint-claim couple for the purposes of section 1(4)

3A.—(1) For the purposes of section 1(4), a joint-claim couple shall include any joint-claim couple within the meaning given in section 1(4) of the Act where at least one member was born after 19th March 1976, unless a member of the couple is treated as responsible for a child or young person under regulation 77(3), or the couple has care of a child or young person in one or more of the circumstances mentioned in regulation 78(4), or a child or young person is living with either member of the couple in the circumstances mentioned in regulation 78(8).

(2) In a case where a person would (but for these Regulations) be a member of more than one joint-claim couple, a joint-claim couple means the couple of which he is a member which that person nominates (or in default of such nomination, which the Secretary of State nominates), to the exclusion of any other couple of which he is a member.

S-3B

Entitlement of a former joint-claim couple to a jobseeker’s allowance

3B.—(1) Where a joint-claim couple cease to be a joint-claim couple because they become, or are treated as, responsible for one or more children—

(a)

(a) any claim made by both members of that couple for a jobseeker’s allowance may be treated as a claim for a jobseeker’s allowance made by either member of that couple;

(b)

(b) any award of a joint-claim jobseeker’s allowance in respect of that couple may be terminated and may be replaced by a replacement award,

where the conditions specified in paragraph (2) have been complied with.

(2) The conditions specified in this paragraph are that a member of the couple—

(a)

(a) provides such evidence as the Secretary of State may require confirming that the couple are responsible for one or more children; and

(b)

(b) advises the Secretary of State as to which member of the couple is to be the claimant.

(3) The claim by a member of the couple for a jobseeker’s allowance referred to in paragraph (1)(a) shall be treated as made on the date on which he and his partner were treated as having claimed a jobseeker’s allowance as a joint-claim couple as determined in accordance with regulation 6 of the Claims and Payments Regulations.

(4) In this regulation, “replacement award” shall have the meaning ascribed to it by paragraph 9A of Schedule 1 to the Act.

S-3C

Entitlement of a new joint-claim couple to a jobseeker’s allowance

3C.—(1) Paragraph (2) shall apply where a couple become a joint-claim couple because the child, or all the children, for which they were responsible have—

(a)

(a) died;

(b)

(b) ceased to be a child or children for whom they are responsible; or

(c)

(c) reached the age of 16 and are no longer receiving full-time education for the purposes of section 142 of the Benefits Act.

(2) In a case to which this paragraph applies—

(a)

(a) any claim made by either member of that couple for a jobseeker’s allowance may be treated as a claim made by both members of the couple;

(b)

(b) any award of an income-based jobseeker’s allowance, or a replacement award, in respect of either member of that couple may be terminated and may be replaced by a new award in respect of the couple,

where the conditions specified in paragraph (3) have been complied with.

(3) The conditions specified in this paragraph are that the Secretary of State—

(a)

(a) has sufficient evidence to decide whether a new award should be made; and

(b)

(b) is informed as to which member of the couple is to be the nominated member for the purposes of section 3B.

(4) The claim by both members of the joint-claim couple for a jobseeker’s allowance referred to in paragraph (2)(a) shall be treated as made on the date on which the claim by a member of that couple was treated as made in accordance with regulation 6 of the Claims and Payments Regulations.

(5) For the purposes of paragraphs 6 and 7 of Schedule 2 (housing costs), any award of an income-based jobseeker’s allowance which related to the day before the day on which the relevant event specified in paragraph (1) occurred and any new award referred to in paragraph (2)(b) shall be treated as a continuous award of an income-based jobseeker’s allowance.

(6) In this regulation, “new award” shall have the meaning ascribed to it by paragraph 9C of Schedule 1 to the Act.

S-3D

Further circumstances in which a joint-claim couple may be entitled to a joint-claim jobseeker’s allowance

3D.—(1) Subject to paragraph (2), a joint-claim couple are entitled to a joint-claim jobseeker’s allowance where—

(a)

(a) the members of that couple claim a jobseeker’s allowance jointly;

(b)

(b) one member satisfies the conditions set out in section 1(2)(a) to (c) and (e) to (i); and

(c)

(c) the other member—

(i) does not satisfy the conditions set out in section 1(2)(a) to (c);

(ii) satisfies the conditions set out in section 1(2)(e) and (h); and

(iii) subject to paragraph (3), is a person to whom any paragraph of Schedule A1 applies; and

(d)

(d) the conditions set out in section 3A are satisfied in relation to the couple.

(2) A member of a joint-claim couple who falls within any paragraph in Schedule A1 for the purposes of this regulation for any day in a benefit week shall fall within that category for the whole of that week.

(3) Subject to paragraph (4), paragraph 2 of Schedule A1 (students) may only apply to a member of a joint-claim couple in respect of one claim for a jobseeker’s allowance made jointly by that couple in respect of a jobseeking period applying to the other member of that couple.

(4) Notwithstanding paragraph (3), paragraph 2 of Schedule A1 may apply to a member of a joint-claim couple in respect of a further claim for a jobseeker’s allowance made jointly by the couple where the couple’s previous entitlement to a joint-claim jobseeker’s allowance ceased because one member of the couple—

(a)

(a) was engaged in remunerative work;

(b)

(b) had been summoned to jury service; or

(c)

(c) was within a linked period as prescribed in regulation 48(2).

S-3E

Entitlement of a member of a joint-claim couple to a jobseeker’s allowance without a claim being made jointly by the couple

3E.—(1) A member of a joint-claim couple is entitled to a jobseeker’s allowance if, without making a claim jointly for that allowance with the other member of the couple—

(a)

(a) he satisfies the conditions set out in section 1(2) (a) to (c) and (e) to (i);

(b)

(b) he satisfies the conditions set out in section 3; and

(c)

(c) the other member of that couple fails to meet the conditions of entitlement set out in section 1(2B)(b) and is a person to whom paragraph (2) applies.

(2) This paragraph applies to a member of a joint-claim couple—

(a)

(a) who has failed to attend at the time and place specified by the employment officer for the purposes of regulation 6 of the Claims and Payments Regulations;

(b)

(b) in respect of whom it has been determined by the Secretary of State that the conditions in section 1(2)(a) to (c) have not been satisfied but only for so long as it has been so determined in respect of that member;

(c)

(c) who is temporarily absent from Great Britain;

(d)

(d) who is a person from abroad as defined for the purposes of regulation 85 and Schedule 5;

(e)

(e) who is subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act;

(f)

(f) who is over pensionable age;

(g)

(g) who is engaged, or has agreed to be engaged, in remunerative work for more than 16 hours per week but less than 24 hours per week;

(h)

(h) who has claimed a maternity allowance payable in accordance with section 35 of the Benefits Act or who has claimed statutory maternity pay payable in accordance with Part XII of that Act;

(i)

(i) who is or has been pregnant and to whom sub-paragraph (h) does not...

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