Regulation 13 Insertion of regulation 22A in the principal RegulationsI1

After regulation 22 of the principal Regulations (reductions in applicable amounts in certain cases of actual or notional unemployment benefit disqualification) there shall be inserted the following regulation—

“Reduction in applicable amount where the claimant is appealing against a decision that he is not incapable of work

22A

(1)

Subject to paragraph (3), where a claimant falls within paragraph 25 of Schedule 1B^f1 (persons appealing against a decision that they are not incapable of work under the all work test), and none of the other paragraphs of that Schedule applies to him, his applicable amount shall be reduced by a sum equivalent to 20 per cent. of the following amount—

(a)

in the case of a person to whom regulation 17 or 18 or paragraph 6, 9, 10, 11, 12, 14 or 15(c)(i) or (d)(i) of Schedule 7 applies—

(i)

where he is a single claimant aged less than 18 or a member of a couple or a polygamous marriage where all the members, in either case, are less than 18, the amount specified in Column (2) of paragraph 1(1)(a), (b) or (c), as the case may be, of Schedule 2 (applicable amounts),

(ii)

where he is a single claimant aged not less than 18 but less than 25 or a member of a couple or a polygamous marriage where one member is aged not less than 18 but less than 25 and the other member, or in the case of a polygamous marriage each other member, is a person under 18 who—

(aa)

does not qualify for income support under regulation 4ZA, or who would not so qualify if he were to make a claim;

(bb)

does not satisfy the requirements of Article 5(1)(f)(iii) of the Jobseekers Order (prescribed circumstances for persons aged 16 but less than 18), and

(cc)

is not the subject of a direction under Article 18 of the Jobseekers Order (persons under 18: severe hardship),

the amount specified in Column (2) of paragraph 1(1)(d) of that Schedule,

(iii)

where he is a single claimant aged not less than 25 or a member of a couple or a polygamous marriage (other than a member of a couple or a polygamous marriage to whom head (ii) applies) at least one of whom is aged not less than 18, the amount specified in Column (2) of paragraph 1(1)(e) of that Schedule;

(b)

in the case of a person to whom regulation 19 (persons in residential care homes and nursing homes) applies, the amount allowed for personal expenses for him specified in paragraph 12 of Schedule 4.

(2)

A reduction under paragraph (1) shall, if it is not a multiple of 5p, be rounded to the nearest such multiple or, if it is a multiple of 2·5p but not of 5p, to the next lower multiple of 5p.

(3)

Paragraph (1) shall not apply to a claimant who is appealing against a decision that he is not incapable of work under the all work test where that decision was made on the first application of the test to the claimant, and the claimant was, immediately prior to 13th April 1995, either—

(a)

in receipt of invalidity pension under Part II of the Contributions and Benefits Act as then in operation, or severe disablement allowance; or

(b)

incapable of work in accordance with paragraph 5 of Schedule 1 as in operation on 12th April 1995 and had been so for a continuous period of 28 weeks.”.