The Social Security Amendment (New Deal) Regulations 1997

Housing costs

13.—(1) Schedule 2 to the Jobseeker’s Allowance Regulations shall be amended in accordance with the following paragraphs of this regulation.

(2) In paragraph 4 M1, after sub-paragraph (4) there shall be inserted the following sub-paragraph—

“(4A) For the purposes of sub-paragraph (4), a person shall be treated as entitled to a jobseeker’s allowance during any period when he or his partner was not so entitled because—

(a)that person or his partner was participating in an employment programme specified in regulation 75(1)(a)(ii); and

(b)in consequence of such participation that person, or his partner, was engaged in remunerative work or failed to satisfy the condition specified either in section 2(1)(c) or in section 3(1)(a).”.

(3) In paragraph 13 M2—

(a)in sub-paragraph (1), after head (e) there shall be inserted the following head—

“(ee)where the claimant—

(i)is a member of a couple or a polygamous marriage and the claimant’s partner was, immediately before the participation by any member of that couple or polygamous marriage in an employment programme specified in regulation 75(1)(a)(ii), in receipt of income-based jobseeker’s allowance and his applicable amount included an amount for the couple or for the partners of the polygamous marriage; and

(ii)has, immediately after that participation in that programme, begun to receive income-based jobseeker’s allowance as a result of an election under regulation 4(3B) of the Claims and Payments Regulations M3 by the members of the couple or polygamous marriage,

the claimant shall be treated as having been in receipt of a jobseeker’s allowance for the same period as his partner had been or had been treated, for the purposes of this Schedule, as having been;”;

(b)after sub-paragraph (3) there shall be inserted the following sub-paragraph—

“(3A) For the purposes of this Schedule, a claimant who has ceased to be entitled to a jobseeker’s allowance because—

(a)that claimant or his partner was participating in an employment programme specified in regulation 75(1)(a)(ii), and

(b)in consequence of such participation the claimant or his partner was engaged in renumerative work or failed to satisfy the condition specified either in section 2(1)(c) or in section 3(1)(a),

shall be treated as if he had been in receipt of a jobseeker’s allowance for the period during which he or his partner was participating in that programme.”;

(c)in sub-paragraph (4), for the words “(1) and (3)" there shall be substituted the words “ (1), (3) and (3A) ”.