Regulation 87 Transitional supplement to income-based jobseeker’s allowance

(1)

In the case of a person who, before 7th October 1996 was entitled to a special transitional addition or transitional addition in accordance with the Income Support (Transitional) Regulations 1987F1, the amount of any income-based jobseeker’s allowance payable to him shall be increased by an amount equal to those additions, but the increase shall continue to be payable only for so long as the claimant continues to satisfy the requirements imposed in those Regulations for payment of the addition.

(2)

A claimant’s weekly applicable amount shall include an amount (the “protected sum") equal to any protected sum which would have been applicable in his case under regulation 17(1)(g) or 18(1)(h) of, and Schedules 3A and 3B to, the Income Support Regulations F2 had he been entitled to income support and not a jobseeker’s allowance.

(3)

In the case of any person who had he been entitled to income support and not a jobseeker’s allowance, would in any week have had a higher applicable amount, in accordance with regulation 17(2) to (6A) of the Income Support RegulationsF3, than the amount applicable to him in accordance with regulation 82 or, as the case may be, 83 then that amount shall be substituted for the applicable amount determined under that regulation.

F4(4)

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(5)

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(6)

In determining for the purposes of this regulation whether, if the claimant were entitled to income support—

(a)

an amount would be applicable;

(b)

an amount would be payable; or

(c)

if an amount was payable, the rate at which it would be payable,

any requirement that the person be entitled to income support, or to income support for any period of time, shall be treated as if the reference to income support included also a reference to an income-based jobseeker’s allowance.

(7)

F5For the purposes of applying paragraph (1), regulation 2A of the Income Support (Transitional) Regulations, and for the purposes of paragraph (6), regulation 3A of the Income Support Regulations shall have effect in accordance with the following sub-paragraphs—

(a)

as if in paragraph (1)(a), after the words “permitted period", there was included the words “subject to paragraph 2A"; and

(b)

with the addition after paragraph (1) of the following paragraphs–

“(2A)
Subject to paragraph (2B) where the claimant or his partner has ceased to be engaged in remunerative work, the permitted period shall be 8 weeks if—
(a)
a jobseeker’s allowance F6is not payable to the claimant in the circumstances mentioned in F7section 19(2)(a) or (b) of the Jobseekers Act 1995 (employment left voluntarily or lost through misconduct); or
(b)
the claimant or his partner has ceased to be engaged in that work within 4 weeks of beginning it; or
(c)
at any time during the period of 13 weeks immediately preceding the beginning of that work, the person who has ceased to be engaged in it—
(i)
was engaged in remunerative work; or
(ii)
was in relevant education; or
(iii)
was a student.
(2B)
F8Paragraph (2A)(b) or (2A)(c) shall not apply in the case of a person who, by virtue of regulation 74 of the Jobseeker’s Allowance Regulations 1996, is a person to whom F9section 19(2)(b) of the Jobseekers Act 1995 does not apply.
(2C)
In this regulation, “remunerative work" means remunerative work for the purposes of the Jobseekers Act 1995.”

Annotations

Textual amendments

F1: S.I. 1987/1969; the relevant amending instruments are S.I. 1988/521 and 1989/1626.
F2: The relevant amending instruments are S.I. 1988/1445 and 1989/534.
F3: The relevant amending instrument is S.I. 1988/910.
F4: Reg. 87(4)(5) omitted (with effect in accordance with regs. 19-21 of the amending S.I.) by virtue of The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 3(e)
F5: Words in reg. 87(7) substituted (7.10.1996) by The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 20(a)
F6: Words in reg. 87(2A)(a) substituted (7.10.1996) by The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 20(b)
F7: Words in reg. 87(7)(b) substituted (22.10.2012) by The Jobseeker’s Allowance (Sanctions) (Amendment) Regulations 2012 (S.I. 2012/2568), regs. 1(1), 5(19)(a)
F8: Words in reg. 87(7) substituted (7.10.1996) by The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), reg. 1(1), Sch. Pt. 2
F9: Words in reg. 87(7)(b) substituted (22.10.2012) by The Jobseeker’s Allowance (Sanctions) (Amendment) Regulations 2012 (S.I. 2012/2568), regs. 1(1), 5(19)(b)

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).