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Chapter S1: Amounts payable and part-week payments

Contents
Amount payable
General
S1000:Scope of this chapter
S1001:JSA personal rate
S1004:Prisoners
JSA and pension payments
Deductions from JSA for pension payments
S1010:General

Meaning of pension payments, protection fund and financial assistance scheme
S1015:payments
S1022:Occupational pension scheme
S1029:Public service pension scheme
S1035:Civil service compensation scheme
S1042:Local government premature retirement scheme
S1044:Armed forces redundancy arrangements
S1046:Personal pension scheme
S1054:Periodical payments and lump sums
S1066:In connection with the coming to an end of the employment
When to take pension payments into account
S1086:First payment of a pension
S1087:Payment in arrears
S1100:When the pension is uprated
S1105:Disregarded payments
S1110:Delay in payment
Calculating the amount of the pension
S1121:General
S1131:Calculating the weekly pension rate
S1132:More than one pension
Part-week payments
S1301:Introduction
Definitions
S1305:Meaning benefit week
S1306:Meaning of part-week
S1307:Meaning of relevant week
S1311:Relevant week
S1316:Sanctions
S1321:Amount of JSA payable
S1327:Modification in the calculation of income

Chapter S1: Amount payable and part weeks

Amount payable
General

S1000 Scope of this Chapter

This Chapter explains how to calculate the normal amount payable for JSA

S1001 JSA - personal rate

JSA is paid for the claimant only. There are no increases for any partner or
dependants. The personal rate is calculated by (1)
1. deciding the age-related amount payable to the claimant and
2. deducting, in each benefit week
2.1
any earnings (2) (see Chapter S2 and S3) and
2.2
pension payments (3) (see S1010 et seq).
Note (1):
Where the calculation results in a fraction of a penny, it should be rounded
up to the next whole penny (4).
Note (2):
JSA is not payable where the calculation results an amount of JSA of less
than 10 pence a week (5).

1 JS Act 95, s 4(1); 2 JSA Regs, reg 50; 3 reg 51; 4 reg 49(2); 5 reg 52

S1002

If a claimant receives both earnings and pension payments in the same benefit week
it does not matter which deduction is made first. The DM should adopt the most
practical order. As pension payments are less likely to vary, these will often be
deducted before the earnings.

Example 1

Stephen claims and is entitled to JSA. Stephen receives an occupational pension
and works for ten hours per week. The amounts received do not vary. As the
amounts received do not vary the DM decides to deduct the earnings first and then
the occupational pension.

Example 2

Sanjay claims and is entitled to JSA. He receives an occupational pension and
works P/T on a casual basis. The DM decides to deduct the occupational pension
first and deduct the earnings when received.
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Example 3

Pam claims and is entitled to JSA. Pam receives an occupational pension and works
for twelve hours per week. The DM decides to deduct the occupational pension first
because after this deduction JSA is not payable to Pam.

S1003

JSA has two separate age-related amounts. They are for claimants
1. who have not attained the age of 25
2. 25 and over (1).
1 JS Act 95, s 4(1); JSA Regs, reg 49(1)

S1004 Prisoners

A person who is on temporary release or is detained in custody, will not be able to
satisfy the condition of being available for employment, and will not be entitled to
JSA

[S1005-S1009]

JSA and pension payments
Deductions from JSA for pension payments

S1010 General S1001 S1039

Pension payments, Pension Protection Fund periodic payments and Financial
Assistance Scheme payments that are
1. made to a claimant for any week and
2. more than 50 each week
are deducted from the claimant's age related amount, when calculating the amount
of JSA payable to the claimant for each benefit week. The amount deducted is the
excess over 501.
1 JS Act 95, s 4(1); JSA Regs, reg 51(1)

Example

A woman receives pension payments totalling 83.50 each week. The pension
payments exceed the 50 maximum by 33.50. So 33.50 is deducted each benefit
week from the amount of JSA that she is entitled to.

S1011

The law provides for
1. when pension payments, Pension Protection Fund payments and Financial
Assistance Scheme payments are to be taken into account (1) (see S1086 -
S1087) and
2. certain payments to be disregarded (2) (see S1105) and
3. the calculation of a weekly amount where pensions are paid for periods other
than a week (3) (see S1131 - S1132).
1 JSA Regs, reg 51(2) & (3); 2 reg 51(4); 3 reg 51(5)
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[S1012-S1014]

S1015 Meaning of pension payments, protection fund and financial assistance scheme payments

"Protection fund periodic payments" are defined as (1)
1. any periodic compensation payments made in relation to a person, payable
under the pension compensation provisions set out in specified legislation (2)
2. any periodic payments made in relation to a person, payable under specific
legislation (3)
other than payments made to a surviving dependant of a person entitled to such
payments.
1 JS Act 95, s 35; 2 Pensions Act 04, s 162(2); Pensions (Northern Ireland Order) 05, art 146(2);

3 Pensions Act 04, s 166; Pensions (Northern Ireland) Order 05, art 150

S1016

Financial assistance scheme payments provide financial help to some people who
have lost out on their occupational pension because
1. the scheme they were a member of was under-funded when it started to wind-
up and
2. they are within three years of their normal retirement age (as laid down in their
pension scheme rules) or older on 14.5.04.

S1017

The Financial Assistance Scheme can pay an award of up to 90% of what a person
would have received if the pension scheme had not been wound up. The award is
paid on top of any pension the individual receives from the scheme up to an annual
limit. A Financial Assistance Scheme award is paid for life at a fixed rate so it will not
increase. The award is paid by DWP net of tax.

Example

The claimant would have received a pension of 18,750 if the scheme had not been
wound up. 90% of the amount he would have received is 16,875. In the event the
claimant receives a pension of 10,000 a year so this amount is topped up through a
Financial Assistance Scheme award by an amount needed to reach the annual
ceiling.

[S1018-S1019]

S1020 Pension payments are (1) periodical payments (see S1054) paid to or for a person
1. under a personal pension scheme (see S1046) or
2. in connection with the ending of the person's employment as an earner (see
DMG 23866) under
2.1 an occupational pension scheme (see S1022) or
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2.2
a public service pension scheme (see S1029).

1 JS Act 95, s 35

S1021

Payments as in S1020 2. may be, but are not confined to, pensions that the
employer has contributed to. The following types of payment are included
1. payments made under a scheme arranged by the employer where the money
is provided exclusively by the claimant
2. payments made by the UK or other governments where provision is made for
them in law, for example pensions to former Crown employees
3. pensions from employment overseas (see S1124)
4. the compensation element of a retired local government officer's pension (1)
5. payments under the Civil Service Compensation Scheme (see S1035)
6. payments under the Civil Service Pension Scheme.
1 Local Government (Compensation for Premature Retirement) Regs

S1022 Occupational pension scheme S1017 S1032

An occupational pension scheme is (1) any scheme or arrangement that
1. is comprised in one or more instruments (for example trust deeds) or
agreements (for example informal arrangements) and
2. has, or is capable of having, effect on one or more types of employment and
3. provides benefits, for example pensions, payable on
3.1 termination of service or
3.2 death
or
3.3 retirement
for earners with qualifying service.
1 JS Act 95, s 35; Pension Schemes Act 93, s 1; R(JSA) 1/01; R(JSA) 6/02

[S1023-S1028]

S1029 Public service pension scheme S1017

A public service pension scheme is (1) an occupational pension scheme that is
1. established under legislation, by royal prerogative or under a royal charter and
1.1 all its particulars are set out in the legislation, royal warrant or charter or
1.2 it cannot come into force or be amended without the government's
approval or
2. established with the government's approval or
3. prescribed by legislation (2).
1 JS Act 95, s 35; Pension Schemes Act 93, s 1; 2 Occupational Pension Schemes (Public Service Pension
Schemes) Regs 1978
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S1030

Pension schemes that are also public service pension schemes include pension
schemes for
1. civil servants or
2. local government employees or
3. teachers or
4. the Armed Forces or
5. police officers.

S1031

If DMs have difficulty in determining whether a pension scheme is a public service
pension scheme they should arrange to get
1. the claimant's consent to contact the manager of the scheme and
2. a statement from the manager of the scheme as to whether the pension
scheme is a public service pension scheme within the meaning of the relevant
law (1).

1 Pension Schemes Act 93, s 1

S1032

If a pension scheme is not a public service pension scheme it may still fall within the
definition of an occupational pension scheme (see S1022).

[S1033-S1034]

S1035 Civil Service Compensation Scheme S1021

Civil servants may be entitled to annual payments as compensation (1) if their
employment ends because of
1. compulsory redundancy
or
2. voluntary early retirement or severance
in a redundancy situation.

1 R(JSA) 1/01; R(JSA) 2/01

S1036

Until 1995, payments made to civil servants taking early retirement or redundancy
were made as part of the Principal Civil Service Pension Scheme. The Principal Civil
Service Pension Scheme also provided benefits to those who retired at the normal
retirement age. But on 1.1.95, a separate scheme, called the Civil Service
Compensation Scheme was introduced.

S1037

The Civil Service Compensation Scheme provides benefits to civil servants whose
employment ends before the normal retirement age. The Principal Civil Service
Pension Scheme continues to provide benefits to those who retire at the normal
retirement age.
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S1038

Under the Civil Service Compensation Scheme, annual compensation payments
may be made to civil servants. The Civil Service Compensation Scheme also allows
civil servants to change the mix of their
1. lump sum and
2. annual compensation payments and
3. preserved pension.

S1039

The Civil Service Compensation Scheme is a public service pension scheme (1) and
annual compensation payments from it are payments from a public service pension
scheme. This means that annual compensation payments in excess of the 50 limit
(see S1010) are taken into account in JSA.
1 R(JSA) 2/01

[S1040-S1041]

S1042 Local government premature retirement scheme S1043

Some pensionable local government employees who
1.
are made redundant or
2.
volunteer for redundancy or
3. cease work in the interests of the efficient exercise of the employers' functions
receive payments under the local government premature retirement scheme (1).

1 Local Government (Compensation for Premature Retirement) Regs

S1043

The scheme entitles employees (1) to annual payments as compensation for their
employment ending as in S1042. These are calculated on the same basis as their
annual retirement pension under the superannuation legislation (2) . The compensation
payment is a payment from a public service pension scheme.
1 Local Government (Compensation for Premature Retirement) Regs, reg 6;
2 Local Government (Superannuation) Regs

S1044 Armed Forces redundancy arrangements

Pensions payable to service personnel who retire from the Armed Forces are paid
under a public service pension scheme.

S1045

Pensions paid to service personnel who have been made redundant
1. are calculated on the length of qualifying service completed, plus an additional
number of years and
2. fall within the definition of public service pension schemes (1).
1 Queen's Regulations

S1046 Personal pension scheme S1017

Personal pension scheme (1) means a pension scheme that
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1. is not an occupational pension scheme and
2. is established by a person within any of the paragraphs of specified
legislation (2).
1 PS Act 93, s 1; 2 Finance Act 04, s 154(1)

[S1047-S1049]

S1050 If the member of the scheme used the personal pension to contract-out of SERPS,
the part of the pension that
1. comes from DWP rebates and
2. is used to replace the state earnings related pension scheme
can only be drawn from age 60.

[S1051-S1052]

S1053 The DM should refer the case to DMA, Leeds, if the
1. DM is unable to decide whether a pension is paid under a personal pension
scheme and
2. pension payment does not satisfy any other part of S1020.

S1054 Periodical payments and lump sums S1017

Periodical payments are those that are paid at regular intervals.

S1055

A lump sum payment is not a periodical payment. This applies even where the
claimant has chosen to receive a lump sum instead of a periodical payment (1). But where
1. a person is entitled to a lump sum payment and
2. the rules of the scheme allow the lump sum to be paid in instalments and
3. the person chooses to receive it in this way
the instalments are periodical payments.
1 R(U) 5/85

[S1056-S1065]

S1066 In connection with the coming to an end of the employment

A pension must be paid in connection with the end of employment of the person who
it is paid for, to fall within S1020 2.. Occupational or public service pensions that are
paid where the employment has not ended do not fall within S1020 2.. For example,
war pensions paid
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1. because of disablement and
2. regardless of whether the employment is continuing.

S1067

In this context "employment" includes any trade, business, profession, office or
vocation (1). Employment in the Armed Services falls within this definition.

1 JSA Regs, reg 2(1)

S1068

Retired officers who are entitled to a war pension receive it as a disablement
addition to their service pension. This disablement addition is
1. awarded by DWP and
2. paid by the Paymaster General in the same cheque as the person's service
pension.

S1069

If the claimant is a retired officer with a service pension, the DM should
1. find out the amount of any disablement addition and
2. deduct it from the total payment received.
Note:
Other ranks have their war pension paid direct by DWP so there is no difficulty
in separating their war pension from their service pension.

S1070

Gallantry awards are sometimes paid to former members of the Forces in addition to
their service pensions. Payment is
1. made from the date of the award and
2. a reward for conduct rather than a period of service.
These awards are not paid in connection with the coming to an end of an
employment and are not pension payments.

S1071

Pension payments may be payable to the claimant from the former employer of a
deceased partner or other relative. Such payments should be disregarded (see S1105).

S1072

The amount of a service pension may be increased if the claimant has been
invalided out of the Forces. The full amount should be taken into account.

S1073

Police officers who retire because of permanent disability may be entitled to an ill
health award (1) in addition to a pension under a public service pension scheme. If they
are permanently disabled through an injury received while carrying out their duties,
they are also entitled to an injury pension. It is a condition for the receipt of both
payments that the officer ceases to be a member of a police force. The payments
are therefore made in connection with the coming to an end of a police officer's
employment and are payments as in S1020 2.2.
1 Police Pension Regs

[S1074-S1085]

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When to take pension payments into account

S1086 First payment of a pension S1011 S1125

Where
1. a claimant is entitled to a pension payment and
2. the first payment is paid to the claimant
the pension payment should be taken into account from the first day of the benefit
week that includes the day for which payment is first made (1).
1 JSA Regs, reg 51(2)

Example

Roger claims and is entitled to JSA from Thursday 7 November. His benefit week
ends on a Thursday. He receives a pension payment of 78 a week, starting on
Monday 11 November. Only the amount above 50 can be deducted from JSA. In
the benefit week 8 November to 14 November 28 is deducted from his JSA.

S1087 Payment in arrears S1011

Pension payments are often made in arrears, and can be
1. weekly
or
2. monthly or
3. quarterly
or
4. any other period.
Any pension payments deducted from JSA should start from the first day of the
benefit week that entitlement to the pension, by way of the first payment, has been
made to the claimant (1).

1 JSA Regs, reg 51

S1088

The pension payment must actually be made before the DM deducts an amount
from JSA because of a pension payment.

Example

William claims and is entitled to JSA from Thursday 6 November. His benefit week
ends on a Thursday. He is entitled to a pension payment of 78 a week from
Monday 3 November of which he receives his first payment (312) on Monday 1
December. Only the weekly pension amount above 50 can be deducted from JSA.
JSA is awarded at the full rate from 7 November but from the benefit week 28
November to 4 December and thereafter 28 (78 - 50) is deducted from his JSA.

[S1089-S1099]

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S1100 When the pension is uprated

A claimant's rate of pension may change. Any change should be taken into account
from the first day of the benefit week that includes the first day for which the increase
or decrease is paid (1).
1 JSA Regs, reg 51(3)

Example

Amrit claims JSA, her benefit week ends on a Thursday and she is entitled to JSA.
She receives a pension payment of 78 a week. Her JSA is reduced by 28 each
benefit week. She receives an increase of 7 a week in her pension starting on
Monday 11 November. The increase in the pension payment is taken into account
for the benefit week 8 November to 14 November.
So in the benefit week
1. 1 November to 7 November, 28 is deducted from her JSA
2. 8 November to 14 November, 35 is deducted from her JSA.

[S1101-S1104]

S1105 Disregarded payments S1011 S1071 S1106

Payments may be payable to the claimant
1. under
1.1
a personal pension scheme or
1.2
an occupational pension scheme or
1.3
a public service pension scheme and
2. because a person who was a member of the scheme has died.

S1106

Any payments in S1105 are known as survivors' benefits and should be disregarded
in full (1).
1 JSA Regs, reg 51(4)

Example

Geoff's wife Mildred is a member of an occupational pension scheme. Following
Mildred's death a reduced pension payment is paid by the scheme to Geoff. This
pension is not taken into account when working out the amount of JSA payable to
Geoff.

[S1107-S1109]

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S1110 Delay in payment

Sometimes a pension payment is not made on the date it is due, for example
because of industrial action by the employees of the paying authority. If the date that
the payment will be made cannot be predicted with reasonable certainty, it is not
reasonable to wait for as long as six months before giving a decision.

S1111

If the DM considers it unreasonable to defer the decision until payment is made, a
decision should be given on the basis that payment has not been made. If a
payment is made later, the decision to award JSA without any deductions may be
revised or superseded. Where a delay in payment occurs the DM should obtain
evidence of the reason for the delay and its likely duration.

[S1112-S1120]

Calculating the amount of the pension

S1121 General

Except for S1123, the amount of the pension payment is the gross amount payable.
Where income tax is deducted at source, the amount to be taken into account is the
amount before tax is deducted (1).

1 R(U) 8/83

S1122

Some claimants
1. have to make or
2. choose to make
certain payments from their pensions. The payments may be to the employer or a
third party. With the exception of compulsory payments to buy or repay an element
of their current pension, any payments deducted before the pension is paid should
be ignored. The claimant's liability to make the payments is separate from the liability
to pay the pension. The deductions at source are simply a convenient method of
ensuring that the claimant's obligations or wishes are met. The amount of pension to
be taken into account is the amount after deduction of any compulsory payments
towards the current pension and before other deductions are made. Examples of
these payments include

repaying a debt to a former employer

payments to someone because of a court order

subscriptions to a trade union or other association

payments into a further pension scheme.

S1123 S1121

Where the rules of the claimant's pension scheme provide for compulsory
deductions, for example to buy or repay an element of their current pension, the
amount deducted should be disregarded in calculating the amount of pension. This
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is because "payments" refers to the amount the claimant is actually entitled to
receive. So a payment made under a binding obligation, for example to acquire
additional pension rights, should be disregarded in calculating the amount of the
pension.

Example

Jason is employed by an electricity company for 29 years and two months. He retires
voluntarily. For superannuation purposes he is treated as having completed 30 years
service. Under the rules of the superannuation scheme, a monthly deduction of
32.23 is made from his gross occupational pension of 232.83 for the purchase of
the ten additional months. He is also paying 20.00 a month to a debt collecting
agency under a court order.
Jason cannot avoid the reduction to his pension payments. While he must buy
additional pension rights under the rules of the scheme he would normally repay his
other debts from any net income he receives. The payments made under the court
order are not to be disregarded. The DM takes into account a pension payment of
200.60 a month (1).

1 R(U) 4/83

S1124 S1021

Sometimes pension payments are received by the claimant in a currency other than
sterling. To work out the sterling equivalent, DMs should use the selling rate that applies
1. on the date on which payment is due and
2. not the date on which it is actually converted.
No allowance should be made for commission or other expenses incurred in
converting currency (1).

1 R(SB) 28/85

S1125

Because exchange rates fluctuate, the DM will need to give a fresh decision each
time a pension payment is made, for the period it covers (subject to S1086 - S1088).
For the purposes of working out a sterling equivalent only, it does not matter that the
pension is not available in sterling until some time after the pension is due.

[S1126-S1130]

S1131 Calculating the weekly pension rate S1011

If pension payments are not paid weekly, they should be converted into a weekly
amount as follows (1)
1. annual payments should be divided by 52
2. quarterly payments (three monthly) should be divided by 13
3. monthly payments should be multiplied by twelve and the result divided by 52.
A month means a calendar month (2)
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4. payments of two or more calendar months (other than 1. or 2.) should be
4.1 Divided by the number of months the payment covers and
4.2 the result multiplied by twelve then divided by 52
5. payments for any other period should be divided by the number of days
covered by the payment and the result multiplied by seven.
1 JSA Regs, reg 51(5); 2 CG 66/49 (KL)

S1132 More than one pension S1011

Where a claimant is receiving more than one pension the DM should
1. calculate the weekly rate of each pension separately and
2. add the weekly rates together
before working out the excess over the maximum sum (1).
1 JSA Regs, reg 51(1)

[S1133-S1300]

Part-week payments

S1301 Introduction

This chapter gives guidance on the calculation of part-week payments relating to
new style JSA (hereafter referred to as JSA).
Note 1: ADM chapter M1 (UC: Pathfinder) provides guidance on the meaning of new
style JSA.

S1302

Part-week payments do not apply to share fishermen. They receive payments of JSA
for whole week's only (1). Guidance on share fishermen is in ADM chapter S3.
1 JSA Regs 13, reg 74(1)

[S1303-S1304]

Definitions

S1305 Meaning of benefit week

Benefit
week (1) means a period of seven days ending with the day determined by the
last two digits of the claimant's NI No. as shown in the following table, unless the DM
arranges otherwise.
NI No.
Day
00 - 19
Monday
20 - 39
Tuesday
40 - 59
Wednesday
60 - 79
Thursday
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80 - 99
Friday
1 JSA Regs 13, reg 2

S1306 Meaning of part-week

Part-week (1) means any period of less than a week where there is entitlement to JSA.
1 JSA Regs 13, reg 64(2)

S1307 Meaning of relevant week

Relevant
week (1) means the period of seven days, determined in accordance with

S1311

to S1312.
1 JSA Regs 13, reg 64(2)

[S1308-S1310]

S1311 Relevant week Where the part-week (1)
1. is the whole period for which JSA
1.1
is payable or
1.2
occurs at the beginning of an award
the relevant week is the period of seven days ending on the last day of that
part-week or
2. occurs at the end of an award, the relevant week is the period of seven days
beginning on the first day of the part-week or
3. occurs because JSA is not payable for any period in accordance with specified
legislation (2), the relevant week is the seven days ending immediately before
the start of the next benefit week to commence for that claimant.
1 JSA Regs 13, reg 65(1); 2 JS Act 95, s 6J & s 7K

Example 1

Blair's entitlement to JSA begins on Tuesday 17.9.13. His benefit week runs from
Thursday to Wednesday. A part-week payment is required for the period Tuesday
17.9.13 to Wednesday 18.9.13. The relevant week is Thursday 12.9.13 to
Wednesday 18.9.13.

Example 2

Pearl's entitlement to JSA ends Saturday 21.6.14. Her benefit week runs from
Tuesday to Monday. A part week is required for the period Tuesday 17.6.14 to
Saturday 21.6.14. The relevant week is Tuesday 17.6.14 to Monday 23.6.14.

Example 3

Farooq claims JSA from 26.8.14 after leaving his job on 22.8.14. His benefit week
runs from Friday to Thursday. On 26.9.14 the DM determines that Farooq had no
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good reason for leaving his job. As this is Farooq's first high level failure, a 91 day
reduction is applied. However because the sanctionable failure is a pre-claim failure,
the reduction period is reduced by 3 days i.e. the period from 23.8.14 (date after the
failure) to 25.8.14 (day before the date of claim to JSA). The DM imposes a sanction
of 88 days, which runs from 26.9.14 to 22.12.14. A part-week payment is required
from Tuesday 23.12.14 to Thursday 25.12.14. The relevant week is Friday 19.12.14
to Thursday 25.12.14.

S1312 S1311

Where a person has an award of JSA and their benefit week changes, for the
purpose of calculating the amount of JSA payable for the part-week
1. beginning on the day after their last complete benefit week before the change
and
2. ending immediately before the change
the relevant week is the period of seven days beginning on the day after the last
complete benefit week (1).
1 JSA Regs 13, reg 65(2)

Example

Aisha's benefit week for JSA runs from Wednesday to Tuesday. The DM directs that
Aisha's benefit week should run from Saturday to Friday with effect from Saturday
17.8.13. A part-week payment is due for the period Wednesday 14.8.13 to Friday
16.8.13. The relevant week is Wednesday 14.8.13 to Tuesday 20.8.13.

[S1313-S1315]

S1316 Sanctions

JSA may not be payable where a sanction has been imposed, which can be for
1. a fixed period of weeks (see ADM S4) or
2. a reduced length of time (see ADM S4).

S1317

Where a sanction is imposed for a fixed period, part-week payments are not needed.
The sanction begins on the first day of the benefit week and ends on the last day of
a benefit week.

S1318

A part-week payment will not be needed at the beginning of the sanction as the
change will take effect from the beginning of the next complete benefit week (1). When
a sanction is imposed for a reduced period, a part-week payment may be required at
the end of the sanction, if the sanction ends on a day which is not the end of the
claimant's benefit week.
1 JSA Regs 13, reg 22

Example

Henrik has a 6 month contract with a firm from 1.5.13 to 31.10.13. He leaves
voluntarily on 27.8.13 and claims JSA on 30.8.13. His benefit week is Wednesday to
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Tuesday. On 11.9.13 the DM determines that Henrik left his employment voluntarily
without good reason and imposes a sanction of 8 weeks 6 days which runs from
11.9.13 to 11.11.13. A part-week payment is required for 12.11.13. The relevant
week is Wednesday 6.11.13 to Tuesday 12.11.13.

[S1319-S1320]

S1321 Amount of JSA payable S1327

The amount of JSA payable in respect of a part-week is to be calculated (1) by applying
the formula
N x X 7 where
X is the personal rate determined in accordance with specified legislation (2) and
N is the number of days in the part-week.
1 JSA Regs 13, reg 64(1); 2 JSA Act 95, s 4(1)

Example

Martha is entitled to JSA at a personal rate of 71.70. She needs a part-week
payment for 4 days.
4 x 71.70 = 40.98 (rounded up to the claimant's advantage)
7

S1322

Where the calculation results in a fraction of a penny, that fraction must be treated
as a penny, if it would be to the claimant's advantage. Otherwise it must be
disregarded (1).
1 JSA Regs 13, reg 53

[S1323-S1326]

S1327 Modification in the calculation of income

For the purposes of calculating the amount of part-week payable (1) (see S1321), a
claimant's income is to be calculated in accordance with specified legislation (2),
subject to the following changes
1. any income which is due to be paid in the relevant week is to be treated as
paid on the first day of that week
2. where the part-week occurs at the end of the claim, any income or any
change in the amount of income of the same kind which is first payable within
the relevant week but not on any day in the part-week is to be disregarded
3. where the part-week occurs immediately before a period in which a person
was treated as engaged in remunerative work under specified legislation (3), any
Vol 4 Amendment 37 June 2012
earnings which are taken into account for the purposes of determining that
period are to be disregarded
4. where only part of the weekly amount of income is taken into account in the
relevant week, the balance is to be disregarded.
1 JSA Regs 13, reg 66; 2 Part 7; 3 reg 43

Example 1

Ben's last day of entitlement to JSA is Thursday 20.3.14. His benefit week runs from
Tuesday to Monday. A part-week payment is due for Tuesday 18.3.14 to Thursday
20.3.14 i.e. 3 days. The relevant week is Tuesday 18.3.14 to Monday 24.3.14.
Ben will receive his first payment of RP on Monday 24.3.14. As his RP is payable
within the relevant week, but not within the part-week, the payment of RP is
disregarded.

Example 2

Haley's final day of remunerative employment is Friday 22.11.13, on which day she
also receives her final earnings. Haley claims and is entitled to JSA from 25.11.13.
After serving her 3 waiting days, JSA is payable from Thursday 28.11.13. Her first
complete benefit week is Tuesday 3.12.13 to Monday 9.12.13. Haley's relevant week
runs from Tuesday 26.11.13 to Monday 2.12.13. Haley requires a part-week
payment for 5 days from Thursday 28.11.13 to Monday 2.12.13.
As Haley's part-week occurs immediately after the period in which she was engaged
in remunerative work, her final earnings, received on 22.11.13, are disregarded.

Example 3

Megan claims and is entitled to JSA at a personal rate of 71.70 from 6.1.14. After
serving her 3 waiting days, JSA is payable from 9.1.14. Her first complete benefit
week runs from Tuesday 14.1.14 to Monday 20.1.14. A part-week payment is
needed from Thursday 9.1.14 to Monday 13.1.14 i.e. 5 days. The relevant week is
Tuesday 7.1.14 to Monday 13.1.14.
WB is payable for 3 of the days within the part-week i.e. Thursday 9.1.14 to Saturday
11.1.14. The weekly rate of WB is 40.07. As only part of Megan's WB is taken into
account in the relevant week, the balance is disregarded.
5 x 71.70
3 x 40.07
= 51.214
minus
= 17.172
7
7
51.214 - 17.172 = 34.05 (rounded up)

[S1328-S1999]

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