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Social Security (Income Support and Jobseeker's Allowance) Amendment Regulations 2004 No. 1869
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| Summary: |
These Regulations amend the Income Support (General) Regulations 1987 (S.I. 1987/1967) and the Jobseeker's Allowance Regulations 1996 (S.I. 1996/207) ("the Jobseeker's Allowance Regulations") to provide that a person who is entitled to income support or a jobseeker's allowance retains his entitlement to benefit during a period of temporary absence from Great Britain in order to receive National Health Service (NHS) hospital treatment pursuant to the National Health Service Act 1977 (c. 49) or the National Health Service and Community Care Act 1990 (c. 19) (these Acts extend to England and Wales only). Regulation 2 amends regulation 4 of the Income Support (General) Regulations 1987 to provide that a person's entitlement to income support shall continue during such a period of temporary absence if immediately before the beginning of that period the person was entitled to income support. Regulation 3(4) amends regulation 50 of the Jobseeker's Allowance Regulations to provide that a claimant or a member of a joint-claim couple shall be treated as being in Great Britain during a period of temporary absence from Great Britain if immediately before the beginning of that period he was entitled to a jobseeker's allowance and that absence is for the purpose of receiving NHS hospital treatment. A new regulation 55A of the Jobseeker's Allowance Regulations provides that such a claimant or such a member of a joint-claim couple shall also be treated as capable of work during a period of temporary absence from Great Britain for the purpose of receiving NHS hospital treatment unless he makes a written statement before that period of temporary absence that he has claimed incapacity benefit, severe disablement allowance or income support (regulation 3(5) and (6)). Corresponding amendments are made to regulations 14 and 19 of the Jobseeker's Allowance Regulations to provide that such a claimant or, as the case may be, such a member of a joint-claim couple shall be treated as available for employment and actively seeking employment (regulation 3(2) and (3)). A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.
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| Made Under: |
Jobseekers Act 1995 (C. 18) - sections 6(4), 7(4), 35(1) and 36(2) and (4) of, and paragraph 11(2) of Schedule 1
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