Regulation 22 Reductions in applicable amounts in certain cases of actual or notional unemployment benefit disqualification

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 21AA(4)(zzc(i) word omitted by Social Security (Habitual Residence and Past Presence) 2022 reg.002(1)(a)(2)(a)
reg. 21AA(4)(zzc(ii) word added by Social Security (Habitual Residence and Past Presence) 2022 reg.002(1)(b)(2)(a)
reg. 21AA(4)(zzc(iii) added by Social Security (Habitual Residence and Past Presence) 2022 reg.002(1)(c)(2)(a)
reg. 6(2)(3 omitted by Social Security (Back to Work Bonus and Lone Parent Run-on Amendment and Revocation) 2003 reg. 2(a)(i)

(1)

The weekly applicable amount of a claimant to whom paragraph (4) or (5) applies shall, subject to paragraph (2), be reduced by a sum equal to 40 per cent. of the following amount (hereinafter referred to as the ''relevant amount'')—

(a)

in the case of a person to whom regulation 17 or 18 (applicable amounts or polygamous marriages) or paragraph 4, 5, 6, 9, 10, 11, 12, 14 or 15(c)(i) or (d)(i) of Schedule 7 (applicable amounts in special cases) 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) of Schedule 2 (applicable amounts),

(ii)

where he is a single claimant aged not less than 18 but less than 25, the amount specified in Column (2) of paragraph 1(1)(b) 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 at least one of whom is aged not less than 18, the amount specified in Column (2) of paragraph 1(1)(c) of that Schedule;

(b)

in the case of a person to whom regulation 19 or 20 (persons in homes for persons in need and nursing homes or board and lodging accommodation and hostels) applies, the amount allowed for personal expenses for him specified in paragraph 12 of Schedule 4 or, as the case may be, paragraph 11(b) of Schedule 5.

(2)

Where—

(a)

the claimant's capital calculated in accordance with Part V (including any capital treated as his) does not exceed £200; and

(b)

the claimant or, if the claimant is a member of a family, any member of the family is either pregnant or seriously ill,

his weekly applicable amount shall be reduced by a sum equal to 20 per cent. of the relevant amount in his case.

(3)

A reduction under paragraph (1) or (2) 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.

(4)

This paragraph applies to a claimant—

(a)

whose weekly applicable amount is calculated otherwise than in accordance with regulation 21 (special cases) and paragraph 1, 2, 3, 8(b), 13, 14 or 16 of Schedule 7;

(b)

whose right to income support is, under Article 21(3)(d)(i) of the Order (conditions of entitlement to income support), subject to the condition of availability for employment; and

(c)

who—

(i)

is disqualified for receiving unemployment benefit under section 20(1) of the principal Act^f1 (disqualifications etc.),

(ii)

has made a claim for unemployment benefit which has not been determined by an adjudication officer and in respect of which, in the opinion of an adjudication officer, a question as to disqualification under that section arises, or

(iii)

has not made a claim for unemployment benefit or has had such a claim disallowed other than by reason of section 20(1) and, in either case, would be so disqualified if he were to make such a claim or it had not been so disallowed.

(5)

This paragraph applies to a claimant who is not required to be available for employment by virtue of regulation 8(2) (persons not required to be available for employment) or a person to whom regulation 11(2) (exemption from requirement to register for employment) applies.

(6)

This regulation shall apply—

(a)

in a case to which head (i) of paragraph (4)(c) applies, for the period of the disqualification;

(b)

in a case to which head (ii) of paragraph (4)(c) applies, for a period of 13 weeks except that where, on subsequent determination of the claim for unemployment benefit—

(i)

disqualification is not imposed, any reduction imposed under paragraph (1) or (2), as the case may be, shall be withdrawn,

(ii)

disqualification is imposed but for a period of less than 13 weeks, the period of such reduction shall be adjusted to correspond with the period of disqualification;

(c)

in a case to which head (iii) of paragraph (4)(c) applies, for the period for which the claimant would be disqualified if he were to make a claim for unemployment benefit or if such a claim had not been disallowed for other reasons;

(d)

in a case to which paragraph (5) applies, for so long as that paragraph continues so to apply.

Annotations

Footnotes

f1: Subsection (1) was amended by Article 44(2)(a) of the Social Security (Northern Ireland) Order 1986 and subsection (1A) was inserted by Article 44(3)(a) of that Order