The Jobseeker’s Allowance (Transitional Provisions) Regulations 1995

Claimants subject to disqualification or reduction in benefit

14.—(1) In the case of a person who on the relevant day was disqualified for receiving unemployment benefit in accordance with section 28 of the Benefits Act for a period which would not, but for the replacement of unemployment benefit with a jobseeker’s allowance, have expired on that day, the award of a contribution-based jobseeker’s allowance which arises under regulation 6 (jobseeker’s allowance to replace income support and unemployment benefit) shall not be payable for the balance of that period.

(2) In the case of a person who on the relevant day was entitled to income support at a rate reduced in accordance with regulation 21A or 22 of the Income Support Regulations(1), any award of an income-based jobseeker’s allowance which has effect in accordance with regulation 6 shall be payable at the rate appropriate under section 4(3) of the Act, reduced by a sum equal to the amount by which the income support had been reduced and only the balance (if any) shall be payable.

(3) The reduction mentioned in paragraph (2) shall end—

(a)in a case where the claimant was disqualified for receiving unemployment benefit and paragraph (1) applies, on the day after the day the balance of the period mentioned in that paragraph ends;

(b)where a claim for unemployment benefit by the claimant, or a question which arose in connection with his award of unemployment benefit, had not been determined on the relevant day, on the day that claim or question is determined;

(c)except in a case which has already ended in accordance with sub-paragraph (a) or (b), on whichever day is the earlier of—

(i)the date the award of an income-based jobseeker’s allowance terminates; or

(ii)the benefit week which included 6th April 1997.

(4) For the purpose of determining in accordance with paragraph (3)(c)(i) whether an award has terminated, periods of entitlement to an income-based jobseeker’s allowance—

(a)separated by not more than 8 weeks shall link;

(b)separated by more than 8 weeks shall not link,

and in determining whether any particular periods of entitlement link, any period which is for the purposes of regulation 3(2) a linked period shall be disregarded.