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Paragraph 1A Previous entitlement to income support, income-related employment and support allowance or state pension creditF1F15F16

(1)

Where a claimant or his partner was in receipt of or was treated as being in receipt of income support F2or income-related employment and support allowance not more than 12 weeks before one of them becomes entitled to income-based jobseeker’s allowance or, where the claimant or his partner is a person to whom paragraph 13(2) or (10) (linking rules) refers, not more than 26 weeks before becoming so entitled and—

(a)

the applicable amount for income support or income-related employment and support allowance included an amount in respect of housing costs F3under paragraph 17 of Schedule 3 to the Income Support Regulations F4or F5under paragraph 18 of Schedule 6 to the Employment and Support Allowance Regulations; and

(b)

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-based jobseeker’s allowance shall be the applicable amount in respect of those costs current when entitlement to income support or income-related employment and support allowance was last determined.

(F61ZA)

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-based jobseeker’s allowance or, where the claimant or his partner is a person to whom paragraph 13(2) or (10) (linking rules) refers, not more than 26 weeks before becoming so entitled, and—

(a)

the appropriate minimum guarantee included an amount in respect of housing costs F7under paragraph 13 of Schedule II to the State Pension Credit Regulations 2002; and

(b)

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-based jobseekers allowance shall be the amount applicable in respect of those costs current when entitlement to state pension credit was last determined.

(F81A)

Where either member of a joint-claim couple was in receipt of or treated as being in receipt of income support or income-related employment and support allowance not more than 12 weeks before the couple becomes entitled to a joint-claim jobseeker’s allowance, or, where either member is a person to whom paragraph 13(2) or (10) (linking rules) refers, not more than 26 weeks before becoming so entitled and—

(a)

the applicable amount for income support or income-related employment and support allowance included an amount in respect of housing costs F9under paragraph 17 of Schedule 3 to the Income Support Regulations F10or F11under paragraph 18 of Schedule 6 to the Employment and Support Allowance Regulations; and

(b)

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 joint-claim jobseeker’s allowance shall be the applicable amount in respect of those costs current when entitlement to income support or income-related employment and support allowance was last determined.

(F121B)

Where either member of a joint-claim couple was in receipt of state pension credit not more than 12 weeks before the couple becomes entitled to a joint-claim jobseeker’s allowance, or, where either member is a person to whom paragraph 13(2) or (10) (linking rules) refers, not more than 26 weeks before becoming so entitled, and—

(a)

the appropriate minimum guarantee included an amount in respect of housing costs F13under paragraph 13 of Schedule II to the State Pension Credit Regulations 2002; and

(b)

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 joint-claim jobseeker’s allowance shall be the amount applicable in respect of those costs current when entitlement to state pension credit was last determined.

(2)

Where, in the period since housing costs were last calculated for income support or income-related employment and support allowance F14or (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-based jobseeker’s allowance, be recalculated so as to take account of that change.

Annotations

Textual amendments

F1

Sch. 2 para. 1A inserted (22.10.1997) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 1997 (S.I. 1997/2305), regs. 1, 3(2)(a)

F2

Words in Sch. 2 para. 1A inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(25)(b)(ii)

F3

Words in Sch. 2 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. 3(f)(iii)(aa)

F4

Words in Sch. 2 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), 3(25)(b)(iii)

F5

Words in Sch. 2 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. 3(f)(iii)(bb)

F6

Sch. 2 para. 1A(1ZA) added (17.12.2007) by The Social Security (Housing Costs and Miscellaneous Amendments) Regulations 2007 (S.I. 2007/3183), regs. 1, 4(2)(a)(iii)

F7

Words in Sch. 2 para. 1A(1ZA)(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. 3(f)(iv)

F8

Sch. 2 para. 1A(1A) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 54(2)

F9

Words in Sch. 2 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. 3(f)(v)(aa)

F10

Words in Sch. 2 para. 1A(1A)(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), 3(25)(b)(iv)

F11

Words in Sch. 2 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. 3(f)(v)(bb)

F12

Sch. 2 para. 1A(1B) added (17.12.2007) by The Social Security (Housing Costs and Miscellaneous Amendments) Regulations 2007 (S.I. 2007/3183), regs. 1, 4(2)(a)(iv)

F13

Words in Sch. 2 para. 1A(1B)(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. 3(f)(vi)

F14

Words in Sch. 2 para. 1A(2) inserted (17.12.2007) by The Social Security (Housing Costs and Miscellaneous Amendments) Regulations 2007 (S.I. 2007/3183), regs. 1, 4(2)(a)(v)

F15

Sch. 2 para. 1A heading substituted (17.12.2007) by The Social Security (Housing Costs and Miscellaneous Amendments) Regulations 2007 (S.I. 2007/3183), regs. 1, 4(2)(a)(i)

F16

Words in Sch. 2 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), 3(25)(b)(i)

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).

Notes on Schedule 2

Modifications

C1

Sch. 2 para. 4A applied (with modifications) (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations 2008 (S.I. 2008/3195), regs. 1(2), 6(a) (with regs. 3, 7)

C2

Sch. 2 para. 4A applied (with modifications) (5.1.2009) by The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations 2008 (S.I. 2008/3195), regs. 1(3), 11(b) (with reg. 8)