Regulation 153 Modification in the calculation of incomeI1

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. 153 coming into force by Jobseeker’s Allowance 1996 reg. 1(1)
reg. 153 words substituted by Jobseeker’s Allowance (Joint Claims) 2000 Sch. 2 para. 51
reg. 153(1) words inserted by Jobseeker’s Allowance (Joint Claims) 2000 Sch. 2 para. 52(a)
reg. 153(2) added by Jobseeker’s Allowance (Joint Claims) 2000 Sch. 2 para. 52(b)
reg. 153(c) words substituted by Social Security (Carer’s Allowance) 2002 Sch. para. 1(n)
reg. 131(3A)(e)and word added by Social Security (Students and Income-Related Benefits Amendment) 2003 reg. 3(1)(b)
reg. 153(b) words inserted by Employment and Support Allowance (Consequential Provisions) 2008 reg. 19(21)
reg. 153(b) words inserted by Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) 2016 reg. 28(6)
reg. 153(c) words inserted by Carer’s Assistance (Carer Support Payment) Regulations 2023 2023 art. 34(7)

For the purposes of regulation 150 (amount of jobseeker’s allowance payable for part-weeks) a claimant’s income and, in determining the amount payable by way of an income-based jobseeker’s allowance, the income of any person which the claimant is treated as possessing under Article 14(4) of the Order (income and capital: general) or regulation 88(4) (calculation of income and capital of members of claimant’s family and of a polygamous marriage), shall be calculated in accordance with Parts VIII, and, where applicable, IX and X (hardship and urgent cases) subject to the following changes—

(a)

any income which is due to be paid in the relevant week shall be treated as paid on the first day of that week;

(b)

in determining the amount payable by way of an income-based jobseeker’s allowance, any jobseeker’s allowance, income support, maternity allowance, incapacity benefit or severe disablement allowance under the Benefits Act payable in the relevant week but not in respect of any day in the part-week shall be disregarded;

(c)

in determining the amount payable by way of a contribution-based jobseeker’s allowance, any widow’s benefit, invalid care allowance, training allowance or any increase in disablement pension payable in accordance with Part I of Schedule 7 to the Benefits Act (unemployability supplement) which is payable in the relevant week but not in respect of any day in the part-week shall be disregarded;

(d)

where the part-week occurs at the end of the claim, any income or any change in the amount of income of the same kind which is first payable within the relevant week but not on any day in the part-week shall be disregarded;

(e)

where the part-week occurs immediately after a period in which a person was treated as engaged in remunerative work under regulation 52 (persons treated as engaged in remunerative work) any earnings which are taken into account for the purposes of determining that period shall be disregarded;

(f)

where only part of the weekly amount of income is taken into account in the relevant week, the balance shall be disregarded.

Annotations

Commencement

I1: Reg. 153 in operation at 7.10.1996, see reg. 1(1)