Paragraph 1A Previous entitlement to income-based jobseeker’s allowance , income-related employment and support allowance or state pension creditF1F2F10F11
England, Wales and Scotland
Where a claimant or his partner was in receipt of or was treated as being in receipt of income-based jobseeker’s allowance F3or income-related employment and support allowance not more than 12 weeks before one of them becomes entitled to income support or, where the claimant or his partner is a person to whom paragraph 14(2) or (8) (linking rules) refers, not more than 26 weeks before becoming so entitled and—
the circumstances affecting the calculation of those housing costs remain unchanged since the last calculation of those costs,
the applicable amount in respect of housing costs for income support shall be the applicable amount in respect of those costs current when entitlement to income-based jobseeker’s allowance or income-related employment and support allowance was last determined.
Where a claimant or his partner was in receipt of state pension credit not more than 12 weeks before one of them becomes entitled to income support or, where the claimant or his partner is a person to whom paragraph 14(2) or (8) (linking rules) refers, not more than 26 weeks before becoming so entitled, and—
the appropriate minimum guarantee included an amount in respect of housing costs F8paragraph 13 of Schedule II to the State Pension Credit Regulations 2002; and
the circumstances affecting the calculation of those housing costs remain unchanged since the last calculation of those costs,
the applicable amount in respect of housing costs for income support shall be the amount applicable in respect of those costs current when entitlement to state pension credit was last determined.
Where, in the period since housing costs were last calculated for income-based jobseeker’s allowance or income-related employment and support allowance F9or (as the case may be) state pension credit, there has been a change of circumstances, other than a reduction in the amount of an outstanding loan, which increases or reduces those costs, the amount to be met under this Schedule shall, for the purposes of the claim for income support, be recalculated so as to take account of that change.
Annotations
Textual amendments
- F1
Sch. 3 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Income Support and Claims and Payments) Amendment Regulations 1995 (S.I. 1995/1613), reg. 1(1), Sch. 1
- F2
Sch. 3 para. 1A inserted (22.10.1997) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 1997 (S.I. 1997/2305), regs. 1, 2(2)(a)
- F3
Words in Sch. 3 para. 1A(1) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 2(11)(b)(ii)
- F4
Words in Sch. 3 para. 1A(1)(a) substituted (with effect in accordance with regs.19 - 21 of the amending S.I.) by The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 2(d)(iii)(aa)
- F5
Words in Sch. 3 para. 1A(1)(a) added (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 2(11)(b)(iii)
- F6
Words in Sch. 3 para. 1A(1)(a) substituted (with effect in accordance with regs.19 - 21 of the amending S.I.) by The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 2(d)(iii)(bb)
- F7
Sch. 3 para. 1A(1A) inserted (17.12.2007) by The Social Security (Housing Costs and Miscellaneous Amendments) Regulations 2007 (S.I. 2007/3183), regs. 1, 3(3)(a)(iii)
- F8
Words in Sch. 3 para. 1A(1A)(a) substituted (with effect in accordance with regs.19 - 21 of the amending S.I.) by The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 2(d)(iv)
- F9
Words in Sch. 3 para. 1A(2) inserted (17.12.2007) by The Social Security (Housing Costs and Miscellaneous Amendments) Regulations 2007 (S.I. 2007/3183), regs. 1, 3(3)(a)(iv)
- F10
Sch. 3 para. 1A heading substituted (17.12.2007) by The Social Security (Housing Costs and Miscellaneous Amendments) Regulations 2007 (S.I. 2007/3183), regs. 1, 3(3)(a)(i)
- F11
Words in Sch. 3 para. 1A heading inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 2(11)(b)(i)
Notes on the whole SI
Textual amendments
- F1
1986 c. 50; section 84(1) is an interpretation provision and is cited because of the meanings assigned to the words “prescribed” and “regulations”.
- F2
1975 c. 14; section 114 is applied by section 52(3)(b) of the Social Security Act 1986 (c. 50); section 166(3A) is inserted by section 62 of that Act and section 166(1) to (3A) is applied by section 83(1) of that Act.
Notes on Schedule 3
Modifications
- C1
Sch. 3 applied (with modifications) (S.) (6.10.2003) by The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 (S.S.I. 2003/460), reg. 1, sch. Pt. II Table B (with reg. 13)
- C2
Sch. 3 applied (with modifications) (1.4.2015) by S.I. 2003/2382 (as amended by The Care Act 2014 (Consequential Amendments) (Secondary Legislation) Order 2015 (S.I. 2015/643), art. 1(2), Sch. para. 21(4)(b) (with art. 4))
- C3
Sch. 3 applied (with modifications) (6.4.2016) by S.I. 2007/1104 (as amended (W.) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 91)