Regulation 11 Modification of the Jobseeker's Allowance Regulations

in paragraph 1(2) (housing costs) M1 the definitions of “existing housing costs” and “new housing costs” were omitted;

after paragraph 4 (housing costs not met) there were inserted—

“F1Housing costs: limitation applicable to qualifying loans

4A

(1)

Except as mentioned below, no amount may be met in respect of housing costs under paragraph 14 or 15 after the claimant has been in receipt of housing costs under either or both of those paragraphs (“relevant housing costs”) for a cumulative total of 104 weeks, beginning on or after 5th January 2009.

(2)

Sub-paragraphs (3) to F2(7) apply for the purposes of sub-paragraph (1).

(3)

No week in which the appropriate amount specified in paragraph 10(4) is £100,000 in relation to the claimant is to count towards the 104 week total.

(4)

Where sub-paragraph (5) applies to the claimant, relevant housing costs awarded to him in respect of a previous award of a jobseeker’s allowance are to be disregarded.

(5)

This sub-paragraph applies to the claimant where he does not fall to be treated under paragraph 13 (linking rule) as being in receipt of a jobseeker’s allowance for a continuous period beginning with the first day of the last period in respect of which he was not in receipt of a jobseeker’s allowance and ending immediately before his most recent claim is made or is treated as made.

(6)

Sub-paragraph (1) does not apply where—

(a)

the claimant or his partner or, if the claimant is a member of a joint-claim couple, the other member of the couple, was entitled to an employment and support allowance or income support before one of them becomes entitled to a jobseeker’s allowance; and

(b)

12 weeks or less has elapsed since the last day of that entitlement and the first day of entitlement to a jobseeker’s allowance.

F3(7)

In determining whether the exemption provided for in sub-paragraph (6) applies, where the claimant or his partner or, if the claimant is a member of a joint-claim couple, the other member of the couple was in receipt of a jobseeker’s allowance immediately before becoming entitled to income support by virtue of regulation 6(6) of the Income Support Regulations, no account shall be taken of entitlement arising by virtue of that regulation.”.

F4paragraph 6 (existing housing costs) were omitted;

in paragraph 7 (new housing costs)—

in paragraph 8 (general exclusions from paragraphs 6 and 7) —

in paragraph 9 (the calculation for loans) the reference to “existing housing costs, or as the case may be, new housing costs” were to “housing costs”;

in paragraph 10 (general provisions applying to new and existing housing costs)—

in paragraph 12(9) (excessive housing costs) M2 “paragraph 7” were substituted for “paragraphs 6 and 7”;

in paragraph 13 (linking rule)—

in paragraph 18 (continuity with income support) M6 sub-paragraph (1)(a) were omitted.