Paragraph 5
In a case to which this paragraph applies, £15; but notwithstanding regulation 88 (calculation of income and capital of members of claimant’s family and of a polygamous marriage), if this paragraph applies to a claimant it shall not apply to his partner except where, and to the extent that, the earnings of the claimant which are to be disregarded under this paragraph are less than F1£20.
This paragraph applies where–
the claimant is a member of a couple, and–
his applicable amount would include an amount by way of the disability premium under Schedule 1 but for the higher pensioner premium under that Schedule being applicable; or
he or his partner F6has not attained the qualifying age for state pension credit and at least one is engaged in part-time employment.
This paragraph applies where–
the claimant or, if he is a member of a couple, either he or his partner has attained F9the qualifying age for state pension credit; and
immediately before attaining that age he or, as the case may be, he or his partner was engaged in part-time employment and the claimant was entitled by virtue of sub-paragraph (2) or (3) to a disregard of £20; and
he or, as the case may be, he or his partner has continued in part-time employment.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For the purposes of this paragraph–
except where head (b) or (c) applies, no account shall be taken of any period not exceeding eight consecutive weeks occurring—
on or after the date on which the claimant or, if he is a member of a couple, he or his partner attained F11the qualifying age for state pension credit during which either was or both were not engaged in part-time employment or the claimant was not entitled to a jobseeker’s allowanceF12, income support or an employment and support allowance; or
immediately after the date on which the claimant or his partner ceased to participate in arrangements for training made under section 2 of the Employment and Training Act 1973 F13 or section 2 of the Enterprise and New Towns (Scotland) Act 1990 F14 or to participate in an employment rehabilitation programme established under that section of the 1973 Act;
in a case where the claimant has ceased to be entitled to a jobseeker’s allowance, income support or an employment and support allowance because he, or if he is a member of a couple, he or his partner becomes engaged in remunerative work, no account shall be taken of any period, during which he was not entitled to a jobseeker’s allowance, income support or an employment and support allowance, not exceeding the permitted period, occurring on or after the date on which the claimant or, as the case may be, his partner attained F15the qualifying age for state pension credit;
no account shall be taken of any period occurring on or after the date on which the claimant or, if he is a member of a couple, he or his partner attained F16the qualifying age for state pension credit during which the claimant was not entitled to a jobseeker’s allowance, income support or an employment and support allowance because he or his partner was participating in arrangements for training made under section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990 or participating in an employment rehabilitation programme established under that section of the 1973 Act;
Annotations
Textual amendments
- F1
Word in Sch. 6 para. 5 substituted (1.4.2001 for specified purposes, 2.4.2001 for specified purposes, 9.4.2001 in so far as not already in force) by The Social Security Amendment (Capital Limitsand Earnings Disregards) Regulations 2000 (S.I. 2000/2545), regs. 1(1)(a)(ii)(b)(c), 3, Sch. para. 3(b)(i) (with reg. 4)
- F2
Words in Sch. 6 para. 5(2) omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), Sch. Pt. 2 para. 22(a)
- F3
Words in Sch. 6 para. 5(2) omitted (24.10.2005) by virtue of The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 2 para. 12
- F4
Words in Sch. 6 para. 5(3)(a)(ii) omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), Sch. Pt. 2 para. 22(a)
- F5
Words in Sch. 6 para. 5(3)(a)(ii) omitted (24.10.2005) by virtue of The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 2 para. 12
- F6
Words in Sch. 6 para. 5(3)(b) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 15(2)(a)
- F7
Words in Sch. 6 para. 5(4)(a) omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), Sch. Pt. 2 para. 22(a)
- F8
Words in Sch. 6 para. 5(4)(a) omitted (24.10.2005) by virtue of The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 2 para. 12
- F9
Words in Sch. 6 para. 5(4)(b) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 15(2)(b)
- F10
Sch. 6 para. 5(5)(6) revoked (3.4.2000) by The Social Security (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/681), regs. 1(1)(c), 12(b)
- F11
Words in Sch. 6 para. 5(7)(a)(i) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 15(2)(b)
- F12
Words in Sch. 6 para. 5(7) substituted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(26)
- F13
1973 c.50; section 2 was amended by section 25(1) of the Employment Act 1988 (c.19), Part I of Schedule 7 to the Employment Act 1989 (c.38), and section 47(1) of the Trade Union Reform and Employment Rights Act 1993 (c.19).
- F14
- F15
Words in Sch. 6 para. 5(7)(b) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 15(2)(b)
- F16
Words in Sch. 6 para. 5(7)(c) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 15(2)(b)
Notes on the whole SI
Textual amendments
- F1
- 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).