Regulation 142 Further circumstances in which an income-based jobseeker’s allowance is payable to a person in hardshipI1

Northern Ireland Not yet in force

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

reg. 142 coming into force by Jobseeker’s Allowance 1996 reg. 1(1)
reg. 142(2)(a) substituted by Social Security and Child Support (Jobseeker’s Allowance) 1996 reg. 2(16)(a)
reg. 142(2)(b) omitted by Social Security and Child Support (Jobseeker’s Allowance) 1996 reg. 2(16)(b)
reg. 142(2) words substituted by Social Security and Child Support (Jobseeker’s Allowance) 1996 reg. 2(16)(c)
reg. 142(2) words added by Social Security and Child Support (Jobseeker’s Allowance) 1996 reg. 2(16)(c)
reg. 131(3A)(e)and word added by Social Security (Students and Income-Related Benefits Amendment) 2003 reg. 3(1)(b)
reg. 142(5) words substituted by Jobseeker’s Allowance (Sanctions) 2016 reg. 3(5)(a)
reg. 142(5)(a) words substituted by Jobseeker’s Allowance (Sanctions) 2016 reg. 3(5)(b)

(1)

This regulation applies to a person in hardship who falls within paragraph (2) but not paragraph (1) of regulation 140 (meaning of “person in hardship”) and is subject to the provisions of regulations 143 and 144 (conditions for hardship payments and provision of information).

(2)

A person in hardship shall be treated as entitled to an income-based jobseeker’s allowance for a period commencing on whichever is the later of—

(a)

the 15th day following the date of claim;

(b)

where the Department has certified that the claim is the first claim in a jobseeking period, the 18th day following the date of claim, or

(c)

the day the claimant complies with the requirements of regulation 143,

and ending on the day before the claim is determined where a reason for the delay in determining the claim is that a question arises as to whether the claimant satisfies any of the conditions of entitlement specified in Article 3(2)(a) to (c) of the Order.

(3)

An income-based jobseeker’s allowance shall be payable subject to paragraph (4) to a person in hardship even though payment to him of a jobseeker’s allowance has been suspended in accordance with regulations made by virtue of section 5(1)(o) of the Administration Act (suspension of benefit) on the ground that a doubt has arisen as to whether he satisfies the requirements of Article 3(2)(a) to (c) of the Order but the allowance shall be payable only if and for so long as the claimant satisfies the other conditions of entitlement to an income-based jobseeker’s allowance.

(4)

An income-based jobseeker’s allowance shall not be payable in respect of the first 14 days of the period of suspension.

(5)

An income-based jobseeker’s allowance shall be payable to a person in hardship even though Article 21 of the Order (circumstances in which a jobseeker’s allowance is not payable) prevents payment of a jobseeker’s allowance to him, but the allowance—

(a)

shall not be payable under this paragraph in respect of the first 14 days of the period to which Article 21 of the Order applies, and

(b)

shall be payable thereafter only where the conditions of entitlement to an income-based jobseeker’s allowance are satisfied.

Annotations

Commencement

I1: Reg. 142 in operation at 7.10.1996, see reg. 1(1)