144.—(1) In the case of a couple, where each of the couple is entitled to F868[jobseeker’s allowance] or pre-retirement allowance, the total amount payable to them under this Chapter shall not exceed the amount which would be payable if only one of them was entitled to be paid F868[jobseeker’s allowance] or pre-retirement allowance, as the case may be, (including any increases thereof, where appropriate) and each of them shall be entitled to be paid one-half of the amount (including any increases thereof, where appropriate) which would be payable to him or her if only one of them were in receipt of F868[jobseeker’s allowance] or pre-retirement allowance as the case may be.

(2) (a) In this subsection “relevant benefit or pension” means F869[illness benefit], F870[jobseeker’s benefit], F871[jobseeker’s benefit (self-employed),] injury benefit, disablement pension, F872[State pension (contributory)], F873[State pension (non-contributory)], F874[State pension (transition)] or invalidity pension.

[1993 s122(4); 1999 s32(1)(b)]

(b) Where one of a couple is entitled to a relevant benefit or pension and the other is entitled to F868[jobseeker’s allowance], the total of the amount payable to them by way of the relevant benefit or pension, as the case may be, and F868[jobseeker’s allowance] (in this subsection referred to as “the relevant amount”), shall not exceed the total amount of the relevant benefit or pension, as the case may be, (including any increases thereof, where appropriate), or the total amount of F868[jobseeker’s allowance] (including any increases thereof, where appropriate), whichever is the greater (in this subsection referred to as “the greater amount”), that would be payable if only one of the couple were in receipt of the relevant benefit or pension or F868[jobseeker’s allowance], as the case may be, and, if the relevant amount would but for this subsection exceed the greater amount, the amount of F868[jobseeker’s allowance] payable to the spouse F875[, civil partner or cohabitant] who is entitled to F868[jobseeker’s allowance] shall be reduced by the amount of the excess.

F876[(c) Notwithstanding any other provision in this Chapter, where one of a couple is entitled to jobseeker’s pay-related benefit and the other is entitled to jobseeker’s allowance, the total of the amount payable to them by way of jobseeker’s pay-related benefit and jobseeker’s allowance combined shall not be less than the total amount of jobseeker’s allowance (including any increases thereof, where appropriate) that would be payable if only one of the couple were in receipt of a payment in respect of jobseeker’s allowance.

(d) Where means other than jobseeker’s pay-related benefit are assessed for the purposes of this Chapter, paragraph (c) shall not apply in respect of such other means.]

[1995 s16(3)(a)]

(3) In this section—

[1993 s122(5)]

F877[‘couple’ means—

(a) a married couple who are living together,

(b) both civil partners of the same civil partnership who are living together, or

(c) F878[both cohabitants;]]

[1993 s122(6)]

“spouse” means each person of a couple in relation to the other.

F879[(3A) In this section—

(a) a reference to a civil partner is a reference to each civil partner of a couple in relation to the other, and

(b) a reference to a cohabitant is a reference to each cohabitant in relation to the other.]

F881[(4) For the purposes of this section, a reference to ‘jobseeker’s allowance’ shall be read as including a reference to pre-retirement allowance.]

[1993 s122(7)]

(4) For the purposes of this section, a reference to “F868[jobseeker’s allowance]” shall be read as including a reference to pre-retirement allowance.

[1994 s27]

(5) F882[…]