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ibJSA run on disregarded

James Liptrot
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Advice Team - Gingerbread, London

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Total Posts: 6

Joined: 18 July 2019

Can anyone help me identify the regulation that provides for the two week ibJSA run on to be disregarded in the UC calculation. Lambeth Council are demanding evidence of why it does not show as earned income. I can find the rule on CPAG (2020/21) page 127 but there’s no footnote.

Elliot Kent
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Total Posts: 2011

Joined: 14 July 2014

Paragraph 11 ADM Memo 15/20 has you covered:

11. Any payments of the run-on of IS, JSA(IB) or ESA(IR) made as in paragraphs 4 and 7 are disregarded as income for the purposes of UC. They are not included in the list of benefits regarded as unearned income. They are not treated as included in that list for the purposes of whether there is an overpayment, as the claimant remains entitled during the run-on period (see M6130).

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/955778/adm15-20.pdf

Reg 66 UC Regs is the list of items classed as unearned income. Whilst “jobseeker’s allowance” is on the list, this only covers new-style JSA because of the definition of jobseeker’s allowance at reg 2. As income based JSA is not on the list, it isn’t unearned income.

[ Edited: 8 Apr 2021 at 11:48 am by Elliot Kent ]