Regulation 16 Questions not immediately ascertainable

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

reg.16(1)(aa) added by Jobseeker’s Allowance (Transitional Provisions) 1996 reg.16(2)
reg.16(2)(a)(b)(d) revoked by Jobseeker’s Allowance (Transitional Provisions) 1996 reg.16(3)(a)
reg.16(2)(e) added by Jobseeker’s Allowance (Transitional Provisions) 1996 reg.16(3)(b)
reg.16(1) amended by Social Security (Jobseeker’s Allowance and Payments on Account) 1996 reg.2(9)

(1)

Where on consideration of a claim or question relating to a jobseeker’s allowance it appears to an adjudication officer that the claimant’s entitlement to, or the rate or amount of, that benefit depends on the determination of—

(a)

a question as to the amount of housing costs to be included in the claimant’s applicable amount, and the adjudication officer is satisfied that not all the housing costs can be immediately ascertained, he shall proceed to determine the claim or question on the assumption that the housing costs to be included in the claimant’s applicable amount are those which are immediately ascertainable;

(b)

any of the questions mentioned in paragraph (2), and he is satisfied that the questions cannot be immediately determined, he shall proceed to determine the claim or question on the assumption that the determination of that question will be adverse to the claimant.

(2)

The questions referred to in paragraph (1)(b) are—

(a)

whether the conditions specified in section 2, other than those specified in section 2(1)(c) or (d), are satisfied in his case;

(b)

whether a person is, or is to be treated as, available for or actively seeking employment;

(c)

whether section 19 (circumstances in which a jobseeker’s allowance is not payable) applies for any period;

(d)

whether a person is receiving relevant education.

(3)

A determination relating to a jobseeker’s allowance made in accordance with the forgoing provisions of this regulation shall be reviewed where it is necessary to give effect to any determination on a question to which those provisions apply.