OpenLegislation

Regulation 3E Entitlement of a member of a joint-claim couple to a jobseeker’s allowance without a claim being made jointly by the coupleF1

(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)

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

(b)

he satisfies the conditions set out in section 3; and

(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)

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)

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)

who is temporarily absent from Great Britain;

(d)

who is a person from abroad as defined for the purposes of regulation F285A and Schedule 5;

(e)

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

(f)

who is over pensionable age;

(g)

who is engaged, or has agreed to be engaged, in remunerative work for F316 hours or more per week but less than 24 hours per week;

(h)

who has claimed a maternity allowance payable in accordance with section 35 F4or 35B of the Benefits Act or who has claimed statutory maternity pay payable in accordance with Part XII of that Act;

(i)

who is or has been pregnant and to whom sub-paragraph (h) does not apply but only for the period commencing 11 weeks before the expected week of confinement and ending F5twenty eight weeks after the date on which the pregnancy ends;

(j)

in respect of whom there is an Order in Council under section 179 of the Administration Act giving effect to a reciprocal agreement which, for the purposes of jobseeker’s allowance, has effect as if a payment made by another country is to be treated as a payment of a jobseeker’s allowance; F6...

(k)

who is in receipt of statutory sick pay and who, immediately before he became incapable of work, was engaged in remunerative work for F716 hours or more per week F8or

(1)

where the other member was entitled to an income-based jobseeker’s allowance on F924th February 2008, save that this sub-paragraph shall apply only until the day on which he is required to attend at a place specified by an employment officer in a notification given or sent to him.

Annotations

Textual amendments

F1

Pt. 1A inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), regs. 1(1), 2(2)

F2

Word in reg. 3E(2)(d) substituted (2.4.2007) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(2), 3(3)

F3

Words in reg. 3E(2)(g) substituted (19.3.2001) by The Social Security Amendment (Joint Claims) Regulations 2001 (S.I. 2001/518), regs. 1(2), 2(4)

F4

Words in reg. 3E(2)(h) inserted (18.5.2014) by The Social Security (Maternity Allowance) (Miscellaneous Amendments) Regulations 2014 (S.I. 2014/884), regs. 1, 4(2)

F5

Words in reg. 3E(2)(i) substituted (6.4.2010) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(1), 4(4)

F6

Word in reg. 3E(2)(j) omitted (28.10.2002) by virtue of The Jobseeker’s Allowance (Joint Claims) Amendment Regulations 2002 (S.I. 2002/1701), regs. 1, 2(b)(i)

F7

Words in reg. 3E(2)(k) substituted (19.3.2001) by The Social Security Amendment (Joint Claims) Regulations 2001 (S.I. 2001/518), regs. 1(2), 2(4)

F8

Reg. 3E(2)(l) and word added (28.10.2002) by The Jobseeker’s Allowance (Joint Claims) Amendment Regulations 2002 (S.I. 2002/1701), regs. 1, 2(b)(ii)

F9

Words in reg. 3E(2)(l) substituted (25.2.2008) by The Jobseeker’s Allowance (Joint Claims) Amendment Regulations 2008 (S.I. 2008/13), regs. 1, 2(3)

Notes on the whole SI

Textual amendments

F1

1995 c.18.

F2

Section 35(1) is an interpretation provision: it is cited because it contains powers exercised in these Regulations in the definitions of “employment", “jobseeker's period", “pensionable age", “pensionable payments", “training" and “work" and because of the meaning assigned to the words “prescribed" and “regulations".

F3

1992 c.5; section 191 is an interpretation provision and it is cited because of the meaning ascribed to the word “prescribed".

F4

1992 c.4; sections 171D and 171G(2) were inserted by the Social Security (Incapacity for Work) Act 1994 (c.18), section 6(1) and have effect for the purposes of the Jobseekers Act 1995 by virtue of paragraph 2 of Schedule 1 to that Act. Section 171G(2) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed".

F5

See section 173(5)(b) of the Social Security Administration Act 1992 (c.5).