Social Welfare and Pensions Act 2007

9.

Jobseeker’s allowance, pre-retirement allowance, disability allowance and farm assist — amendments to means provisions.

9.— The Principal Act is amended—

( a) in section 141(2), by substituting the following for paragraph ( d):

“( d) Subject to paragraph ( e), where the spouse of a claimant for jobseeker’s allowance is a spouse referred to in any of subparagraphs (iii) to (vii) of section 2(2)( a), the means of the claimant shall be taken to be one-half the means.

( e) Notwithstanding paragraph ( d), where, in the 4 weeks immediately before the commencement of section 9 of the Social Welfare and Pensions Act 2007 a person was entitled to or in receipt of jobseeker’s allowance in respect of any day of unemployment and the spouse of the claimant for jobseeker’s allowance is not the claimant’s qualified adult, or is a spouse in respect of whom an increase is payable by virtue of regulations made under section 297, the means of the claimant shall be taken to be one-half the means or the means calculated in accordance with paragraph ( d), whichever is the more favourable.

( f) Where the means of a claimant are calculated at any time in accordance with paragraph ( e) and are subsequently calculated in accordance with paragraph ( d), paragraph ( e) shall no longer apply to the claimant.

( g) Where for any period of not less than 4 consecutive weeks after the commencement of section 9 of the Social Welfare and Pensions Act 2007, a claimant whose means were calculated in accordance with paragraph ( e) ceases to be entitled to or in receipt of jobseeker’s allowance, paragraph ( d) shall apply to any subsequent claims.”,

( b) F1 [ ]

( c) by substituting the following section for section 146:

“Amount of increases payable in respect of qualified child in certain cases.

146.— Any increase of jobseeker’s allowance payable under section 142(1) in respect of a qualified child who normally resides with the claimant or beneficiary and with the spouse of the claimant or beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the claimant or beneficiary—

( a) is not a qualified adult, or

( b) is a spouse referred to in section 141(2)( d),

and section 142(1) shall be read and have effect accordingly.”,

( d) in section 149, by substituting the following for subsection (4):

“(4) Subject to subsection (4A), where the spouse of a claimant for pre-retirement allowance is a spouse referred to in any of subparagraphs (iii) to (vii) of section 2(2)( a), the means of the claimant shall be taken to be one-half the means.

(4A) Notwithstanding subsection (4), where, in the 4 weeks immediately before the commencement of section 9 of the Social Welfare and Pensions Act 2007 a person was entitled to or in receipt of pre-retirement allowance in respect of any day of retirement and the spouse of the claimant for pre-retirement allowance is not the claimant’s qualified adult, or is a spouse in respect of whom an increase is payable by virtue of regulations made under section 297, the means of the claimant shall be taken to be one-half the means or the means calculated in accordance with subsection (4), whichever is the more favourable.

(4B) Where the means of a claimant are calculated at any time in accordance with subsection (4A) and are subsequently calculated in accordance with subsection (4), subsection (4A) shall no longer apply to the claimant.

(4C) Where for any period of not less than 4 consecutive weeks after the commencement of section 9 of the Social Welfare and Pensions Act 2007, a claimant whose means were calculated in accordance with subsection (4A) ceases to be entitled to or in receipt of pre-retirement allowance, subsection (4) shall apply to any subsequent claims.”,

( e) in section 150—

(i) F1 [ ]

(ii) by substituting the following for subsection (3):

“(3) Any increase of pre-retirement allowance payable under subsection (1)( b) in respect of a qualified child who normally resides with the claimant or beneficiary and with the spouse of the claimant or beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the claimant or beneficiary—

( a) is not a qualified adult, or

( b) is a spouse referred to in section 149(4),

and subsection (1)( b) shall be read and have effect accordingly.”,

( f) in section 210, by substituting the following for subsection (2):

“(2) Subject to subsection (2A), where the spouse of a claimant for disability allowance is a spouse referred to in any of subparagraphs (iii) to (vii) of section 2(2)( a), the means of the claimant shall be taken to be one-half the means.

(2A) Notwithstanding subsection (2), where, in the 4 weeks immediately before the commencement of section 9 of the Social Welfare and Pensions Act 2007 a person was entitled to or in receipt of disability allowance and the spouse of the claimant for disability allowance is not the claimant’s qualified adult, or is a spouse in respect of whom an increase is payable by virtue of regulations made under section 297, the means of the claimant shall be taken to be one-half the means or the means calculated in accordance with subsection (2), whichever is the more favourable.

(2B) Where the means of a claimant are calculated at any time in accordance with subsection (2A) and are subsequently calculated in accordance with subsection (2), subsection (2A) shall no longer apply to the claimant.

(2C) Where for any period of not less than 4 consecutive weeks after the commencement of section 9 of the Social Welfare and Pensions Act 2007, a claimant whose means were calculated in accordance with subsection (2A) ceases to be entitled to or in receipt of disability allowance, subsection (2) shall apply to any subsequent claims.”,

( g) in section 211—

(i) F1 [ ]

(ii) by substituting the following for subsection (3):

“(3) Any increase of disability allowance payable under subsection (1)( b) in respect of a qualified child who normally resides with the claimant or beneficiary and with the spouse of the claimant or beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the claimant or beneficiary—

( a) is not a qualified adult, or

( b) is a spouse referred to in section 210(2),

and subsection (1)( b) shall be read and have effect accordingly.”,

( h) in section 214, by substituting the following for subsection (2):

“(2) Subject to subsection (3), where the spouse of a claimant for farm assist is a spouse referred to in any of subparagraphs (iii) to (vii) of section 2(2)( a), the means of the claimant shall be taken to be one-half the means.

(3) Notwithstanding subsection (2), where, in the 4 weeks immediately before the commencement of section 9 of the Social Welfare and Pensions Act 2007 a person was entitled to or in receipt of farm assist and the spouse of the claimant for farm assist is not the claimant’s qualified adult, or is a spouse in respect of whom an increase is payable by virtue of regulations made under section 297, the means of the claimant shall be taken to be one-half the means or the means calculated in accordance with subsection (2), whichever is the more favourable.

(4) Where the means of a claimant are calculated at any time in accordance with subsection (3) and are subsequently calculated in accordance with subsection (2), subsection (3) shall no longer apply to the claimant.

(5) Where for any period of not less than 4 consecutive weeks after the commencement of section 9 of the Social Welfare and Pensions Act 2007, a claimant whose means were calculated in accordance with subsection (3) ceases to be entitled to or in receipt of farm assist, subsection (2) shall apply to any subsequent claims.”,

( i) F1 [ ]

( j) by substituting the following section for section 216:

“Amount of increases payable in respect of qualified child in certain cases.

216.— Any increase of farm assist payable under section 215(1) in respect of a qualified child who normally resides with the claimant or beneficiary and with the spouse of the claimant or beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the claimant or beneficiary—

( a) is not a qualified adult, or

( b) is a spouse referred to in section 214(2),

and section 215(1) shall be read and have effect accordingly.”.

Annotations:

Amendments:

F1

Deleted (7.03.2008) by Social Welfare and Pensions Act 2008 (2/2008), s. 25(a), commenced on enactment.