type: legislation

jurisdiction: UK

text:
PART I
GENERAL
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Jobseeker’s Allowance Regulations 1996.
2
These Regulations shall come into force on 7th October 1996.
3
In these Regulations–
“ the Act ” means the Jobseekers Act 1995;
“attendance allowance” means–
an attendance allowance under section 64 of the Benefits Act;
an increase of disablement pension under section 104 or 105 of the Benefits Act (increases where constant attendance needed and for exceptionally severe disablement);
a payment under regulations made in accordance with section 111 of, and paragraph 7(2) of Schedule 8 to, the Benefits Act (payments for constant attendance in workmen’s compensation cases);
an increase in allowance which is payable in respect of constant attendance under section 111 of, and paragraph 4 of Schedule 8 to, the Benefits Act (industrial diseases benefit schemes);
a payment by virtue of article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 1983 or any analogous payment;
any payment based on the need for attendance which is paid as an addition to a war disablement pension;
“benefit week” means a period of 7 days ending on the day which corresponds with the day of the week specified in a notice given or sent to the claimant in accordance with regulation 23 (attendance), except —
where the Secretary of State requires attendance otherwise than at regular two weekly intervals, the “benefit week” ends on such day as the Secretary of State may specify in a notice in writing given or sent to the claimant, and
for the purpose of calculating any payment of income in accordance with Part VIII, “benefit week” also means the period of 7 days ending on the day before the first day of the benefit week following the date of claim or, as the case may be, the last day on which a jobseeker’s allowance is paid if it is in payment for less than a week;
“board and lodging accommodation” means–
accommodation provided to a person or, if he is a member of a family, to him or any other member of his family, for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which both are cooked or prepared (by a person other than the person to whom the accommodation is provided or a member of his family) and are consumed in that accommodation or associated premises; or
accommodation provided to a person in a hotel, guest house, lodging house or some similar establishment,
except accommodation provided by a close relative of his or of any other member of his family, or other than on a commercial basis;
“ Claims and Payments Regulations ” means the Social Security (Claims and Payments) Regulations 1987 ;
“close relative” means, except in Parts II, IV and V, a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, sister, or the spouse of any of the preceding persons or, if that person is one of an unmarried couple, the other member of that couple;
“college of further education” means a college of further education within the meaning of Part I of the Further and Higher Education (Scotland) Act 1992 ;
“concessionary payment” means a payment made under arrangements made by the Secretary of State with the consent of the Treasury which is charged either to the National Insurance Fund or to a Departmental Expenditure Vote to which payments of benefit under the Act or the Benefits Act are charged;
“co-ownership scheme” means a scheme under which a dwelling is let by a housing association and the tenant, or his personal representative, will, under the terms of the tenancy agreement or of the agreement under which he became a member of the association, be entitled, on his ceasing to be a member and subject to any condition stated in either agreement, to a sum calculated by reference directly or indirectly to the value of the dwelling;
“couple” means a married or an unmarried couple;
“course of advanced education” means–
a course leading to a postgraduate degree or comparable qualification, a first degree or comparable qualification, a diploma of higher education or a higher national diploma; or
any other course which is of a standard above advanced GNVQ or equivalent, including a course which is of a standard above a general certificate of education (advanced level), a Scottish certificate of education (higher level) or a Scottish certificate of sixth year studies;
“course of study” means any course of study, including a course of advanced education and an employment-related course, whether or not it is a sandwich course and whether or not a grant is made for attending or undertaking it and for the purposes of this definition a person who has started a course of study shall be treated as attending or undertaking it, as the case may be, until the last day of the course or such earlier date as he abandoned it or is dismissed from it;
“Crown tenant” means a person who occupies a dwelling under a tenancy or licence where the interest of the landlord belongs to Her Majesty in right of the Crown or to a government department or is held in trust for Her Majesty for the purposes of a government department, except (in the case of an interest belonging to Her Majesty in right of the Crown) where the interest is under the management of the Crown Estate Commissioners;
“date of claim” means the date on which the claimant makes, or is treated as making, a claim for a jobseeker’s allowance for the purposes of regulation 6 of the Claims and Payments Regulations ;
“disability living allowance” means a disability living allowance under section 71 of the Benefits Act;
“disability working allowance” means a disability working allowance under section 129 of the Benefits Act;
“dwelling occupied as the home” means the dwelling together with any garage, garden and outbuildings, normally occupied by the claimant as his home including any premises not so occupied which it is impracticable or unreasonable to sell separately, in particular, in Scotland, any croft land on which the dwelling is situated;
“earnings” has the meaning specified, in the case of an employed earner, in regulation 98, or in the case of a self-employed earner, in regulation 100;
“the Eileen Trust” means the charitable trust of that name established on 29th March 1993 out of funds provided by the Secretary of State for the benefit of persons eligible for payment in accordance with its provisions;
“employment-related course” means a course the purpose of which is to assist persons to acquire or enhance skills required for employment, for seeking employment or for a particular occupation;
“the FEFC ” means the Further Education Funding Council for England or the Further Education Funding Council for Wales;
“full-time course of advanced education” means a course of advanced education which is taken by a person who is —
attending a full-time course of study which is not funded in whole or in part by the FEFC or a full-time course of study (not being higher education) which is not funded in whole or in part by the Secretary of State for Scotland at a college of further education;
undertaking a course of study which is funded in whole or in part by the FEFC if it involves more than 16 guided learning hours per week for the student in question, according to the number of guided learning hours per week for that student set out in the case of a course funded by the FEFC for England, in his learning agreement signed on behalf of the establishment which is funded by the FEFC for the delivery of that course or, in the case of a course funded by the FEFC for Wales, in a document signed on behalf of the establishment which is funded by the FEFC for the delivery of that course; or
undertaking a course of study (not being higher education) which is funded in whole or in part by the Secretary of State for Scotland at a college of further education if it involves —
more than 16 hours per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff according to the number of hours set out in a document signed on behalf of the college; or
16 hours or less per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff and it involves additional hours using structured learning packages supported by the teaching staff where the combined total of hours exceeds 21 per week, according to the number of hours set out in a document signed on behalf of the college;
“full-time student” means a person, other than a person in receipt of a training allowance, who is —
aged less than 19 and undertaking a full-time course of advanced education or
aged 19 or over but under pensionable age and–
attending a full-time course of study which is not funded in whole or in part by the FEFC or a full-time course of study (not being higher education) which is not funded in whole or in part by the Secretary of State for Scotland at a college of further education;
undertaking a course of study which is funded in whole or in part by the FEFC if it involves more than 16 guided learning hours per week for the student in question, according to the number of guided learning hours per week for that student set out, in the case of a course funded by the FEFC for England, in his learning agreement signed on behalf of the establishment which is funded by the FEFC for the delivery of that course or, in the case of a course funded by the FEFC for Wales, in a document signed on behalf of the establishment which is funded by the FEFC for the delivery of that course; or
undertaking a course of study (not being higher education) which is funded in whole or in part by the Secretary of State for Scotland at a college of further education if it involves —
more than 16 hours per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff according to the number of hours set out in a document signed on behalf of the college; or
16 hours or less per week of classroom or workshop based programmed learning under the direct guidance of teaching staff and it involves additional hours using structured learning packages supported by the teaching staff where the combined total of hours exceeds 21 per week, according to the number of hours set out in a document signed on behalf of the college;
“the Fund” means moneys made available from time to time by the Secretary of State for the benefit of persons eligible for payment in accordance with the provisions of a scheme established by him on 24th April 1992 or, in Scotland, on 10th April 1992;
“higher education” means higher education within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992 ;
“housing association” has the meaning assigned to it by section 1(1) of the Housing Associations Act 1985 ;
“housing benefit expenditure” means expenditure of a kind for which housing benefit may be granted;
“ Income Support Regulations ” means the Income Support (General) Regulations 1987 ;
“the Independent Living (Extension) Fund” means the Trust of that name established by a deed dated 25th February 1993 and made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Fletcher Shepherd of the other part;
“the Independent Living Fund” means the charitable trust established out of funds provided by the Secretary of State for the purpose of providing financial assistance to those persons incapacitated by or otherwise suffering from very severe disablement who are in need of such assistance to enable them to live independently;
“the Independent Living (1993) Fund” means the Trust of that name established by a deed dated 25th February 1993 and made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Fletcher Shepherd of the other part;
“the Independent Living Funds” means the Independent Living Fund, the Independent Living (Extension) Fund and the Independent Living (1993) Fund;
“invalid carriage or other vehicle” means a vehicle propelled by a petrol engine or by electric power supplied for use on the road and to be controlled by the occupant;
“jobseeking period” means the period described in regulation 47;
“last day of the course” has the meaning prescribed in regulation 130 for the purposes of the definition of “period of study” in this paragraph;
“liable relative” has the meaning prescribed in regulation 117;
“lone parent” means a person who has no partner and who is responsible for, and a member of the same household as, a child or young person;
“long tenancy” means a tenancy granted for a term of years certain exceeding twenty one years, whether or not the tenancy is, or may become, terminable before the end of that term by notice given by or to the tenant or by re-entry, forfeiture (or, in Scotland, irritancy) or otherwise and includes a lease for a term fixed by law under a grant with a covenant or obligation for perpetual renewal unless it is a lease by sub-demise from one which is not a long tenancy;
“lower rate” where it relates to rates of tax has the same meaning as in the Income and Corporation Taxes Act 1988 by virtue of section 832(1) of that Act;
“the Macfarlane (Special Payments) Trust” means the trust of that name, established on 29th January 1990 partly out of funds provided by the Secretary of State for the benefit of certain persons suffering from haemophilia;
“the Macfarlane (Special Payments) (No.2) Trust” means the trust of that name, established on 2nd May 1991 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia and other beneficiaries;
“the Macfarlane Trust” means the charitable trust, established partly out of funds provided by the Secretary of State to the Haemophilia Society, for the relief of poverty or distress among those suffering from haemophilia;
“making a claim” includes treated as making a claim;
“maternity leave” means a period during which a woman is absent from work because she is pregnant or has given birth to a child, and at the end of which she has a right to return to work either under the terms of her contract of employment or under Part III of the Employment Protection (Consolidation) Act 1978 ;
“mobility supplement” means any supplement under article 26A of the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 1983 including such a supplement by virtue of any other scheme or order or under article 25A of the Personal Injuries (Civilians) Scheme 1983 ;
“net earnings” means such earnings as are calculated in accordance with regulation 99;
“net profit” means such profit as is calculated in accordance with regulation 101;
“non-dependant” has the meaning prescribed in regulation 2;
“non-dependant deduction” means a deduction that is to be made under regulation 83(f) and paragraph 17 of Schedule 2;
“nursing home” means–
premises which are a nursing home or mental nursing home within the meaning of the Registered Homes Act 1984 and which are either registered under Part II of that Act or exempt from registration under section 37 thereof (power to exempt Christian Science Homes); or
any premises used or intended to be used for the reception of such persons or the provision of such nursing or services as is mentioned in any paragraph of subsection (1) of section 21 or section 22(1) of the Registered Homes Act 1984 (meaning of nursing home or mental nursing home) or, in Scotland, as are mentioned in section 10(2) of the Nursing Homes Registration (Scotland) Act 1938 (interpretation) and which are maintained or controlled by a body instituted by special Act of Parliament or incorporated by Royal Charter;
in Scotland,
premises which are a nursing home within the meaning of section 10 of the Nursing Homes Registration (Scotland) Act 1938 which are either registered under that Act or exempt from registration under section 6 or 7 thereof (general power to exempt homes and power to exempt Christian Science Homes); or
premises which are a private hospital within the meaning of section 12 of the Mental Health (Scotland) Act 1984 (private hospitals), and which are registered under that Act;
“occupational pension” means any pension or other periodical payment under an occupational pension scheme but does not include any discretionary payment out of a fund established for relieving hardship in particular cases;
“partner” means where a claimant–
is a member of a married or an unmarried couple, the other member of that couple;
is married polygamously to two or more members of his household, any such member;
“part-time student” means a person who is attending or undertaking a course of study and who is not a full-time student;
“payment” includes a part of a payment;
“pay period” means the period in respect of which a claimant is, or expects to be, normally paid by his employer, being a week, a fortnight, four weeks, a month or other longer or shorter period as the case may be;
“period of study” except in Parts II, IV and V means–
in the case of a course of study for one year or less, the period beginning with the start of the course and ending with the last day of the course;
in the case of a course of study for more than one year, in the first or, as the case may be, any subsequent year of the course, other than the final year of the course, the period beginning with the start of the course or, as the case may be, that year’s start and ending with either —
the day before the start of the next year of the course in a case where the student’s grant is assessed at a rate appropriate to his study throughout the year, or, if he does not have a grant, where it would have been assessed at such a rate had he had one; or
in any other case the day before the start of the normal summer vacation appropriate to his course;
in the final year of a course of study of more than one year, the period beginning with that year’s start and ending with the last day of the course;
“policy of life insurance” means any instrument by which the payment of money is assured on death (except death by accident only) or the happening of any contingency dependent on human life, or any instrument evidencing a contract which is subject to payment of premiums for a term dependent on human life;
“polygamous marriage” means any marriage during the subsistence of which a party to it is married to more than one person and the ceremony of marriage took place under the law of a country which permits polygamy;
“preserved rights” means preserved rights for the purposes of regulation 86;
“qualifying person” means a person in respect of whom payment has been made from the Fund or the Eileen Trust;
“relative” means close relative, grand-parent, grand-child, uncle, aunt, nephew or niece;
“relevant enactment” has the meaning prescribed in regulation 78(8)(a);
“remunerative work” has the meaning prescribed in regulation 51(1);
“residential accommodation” has the meaning prescribed in regulation 85(4);
“residential allowance” means the weekly amount determined in accordance with paragraph 3 of Schedule 1;
“residential care home” means an establishment–
which is required to be registered under Part I of the Registered Homes Act 1984 and is so registered, or is deemed to be registered under section 2(3) of the Registered Homes (Amendment) Act 1991 (which refers to the registration of small homes where the application for registration has not been determined); or
run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society; or
which provides residential accommodation with both board and personal care and is managed or provided by a body incorporated by Royal Charter or constituted by Act of Parliament other than a local social services authority; or
in Scotland, which is a home registered under section 61 of the Social Work (Scotland) Act 1968 or is an establishment provided by a housing association registered with Scottish Homes established by the Housing (Scotland) Act 1988 which provides care equivalent to that given in residential accommodation provided under Part IV of the Social Work (Scotland) Act 1968; or
which is exempt from registration under Part I of the Registered Homes Act 1984 pursuant to section 1(4)(a) of that Act (exemption from registration in respect of certain homes) because one or more of the residents are treated as relatives pursuant to section 19(4) of that Act;
and in paragraph (c) of this definition “personal care” means personal care for persons in need of personal care by reason of disablement, past or present dependence on alcohol or drugs, or past or present mental disorder;
“sandwich course” has the meaning prescribed in paragraph 1(1) of Schedule 5 to the Education (Mandatory Awards) Regulations 1994 and any person on a sandwich course shall be treated as attending or undertaking a course of advanced education or, as the case may be, attending or undertaking a course of study;
“self-employed earner” has the meaning it has in Part I of the Benefits Act by virtue of section 2(1)(b) of that Act;
“single claimant” means a claimant who neither has a partner nor is a lone parent;
“terminal date” in respect of a claimant means the terminal date in his case for the purposes of regulation 7 of the Child Benefit (General) Regulations 1976;
“training allowance” means an allowance (whether by way of periodical grants or otherwise) payable —
out of public funds by a Government department or by or on behalf of the Secretary of State for Education and Employment, Scottish Enterprise or Highlands and Islands Enterprise; and
to a person for his maintenance or in respect of a member of his family; and
for the period, or part of the period, during which he is following a course of training or instruction provided by, or in pursuance of arrangements made with, that department or approved by that department in relation to him or so provided or approved by or on behalf of the Secretary of State for Education and Employment, Scottish Enterprise or Highlands and Islands Enterprise,
but it does not include an allowance paid by any Government department to or in respect of a person by reason of the fact that he is following a course of full-time education, other than under arrangements made under section 2 of the Employment and Training Act 1973 , or is training as a teacher;
“voluntary organisation” means a body, other than a public or local authority, the activities of which are carried on otherwise than for profit;
“war disablement pension” means a pension payable to a person in respect of disablement —
under the Naval, Military and Air Forces Etc (Disablement and Death) Service Pensions Order 1983 and any order re-enacting the provisions of that order;
under the Personal Injuries (Civilians) Scheme 1983 , and any subsequent scheme made under the Personal Injuries (Emergency Provisions) Act 1939 ;
under any scheme made under the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939 or the Polish Resettlement Act 1947 applying the provisions of any such order as is referred to in paragraph (a);
under the order made under section 1(5) of the Ulster Defence Regiment Act 1969 concerning pensions and other grants in respect of disablement or death due to service in the Ulster Defence Regiment ;
under the order in council of 19 December 1881, the Royal Warrant of 27 October 1884, or the order by His Majesty of 14 January 1922 (exceptional grants of pay, non-effective pay and allowances);
paid by the Overseas Development Administration and which is analogous to any of the pensions mentioned in the preceding paragraphs;
“war widow’s pension” means a pension payable to a woman as a widow under any of the enactments mentioned in the definition of
“war disablement pension” in respect of the death or disablement of any person;
“water charges” means–
as respects England and Wales, any water and sewerage charges under Chapter 1 of Part V of the Water Industry Act 1991 ;
as respects Scotland, any water and sewerage charges under Schedule 11 to the Local Government Finance Act 1992 ;
in so far as such charges are in respect of the dwelling which a person occupies as his home;
“week” in Part III and regulation 87 means a period of 7 days;
“year of assessment” has the meaning prescribed in section 832(1) of the Income and Corporation Taxes Act 1988 ;
“young person” except in Part IV has the meaning prescribed in regulation 76.
4
In these Regulations, unless the context otherwise requires, a reference–
a
to a numbered section is to the section of the Act bearing that number;
b
to a numbered Part is to the Part of these Regulations bearing that number;
c
to a numbered regulation or Schedule is to the regulation in or Schedule to these Regulations bearing that number;
d
in a regulation or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number;
e
in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.
5
Unless the context requires otherwise, any reference to the claimant’s family or, as the case may be, to a member of his family, shall be construed for the purposes of these Regulations as if it included in relation to a polygamous marriage a reference to any partner and to any child or young person who is treated as the responsibility of the claimant or his partner, where that child or young person is a member of the claimant’s household.
Definition of non-dependant
2
1
In these Regulations, “non-dependant” means any person, except a person to whom paragraph (2), (3) or (4) applies, who normally resides with the claimant or with whom the claimant normally resides.
2
This paragraph applies to–
a
any member of the claimant’s family;
b
a child or young person who is living with the claimant but who is not a member of his household by virtue of regulation 78 (circumstances in which a person is to be treated as being or not being a member of the household);
c
a person who lives with the claimant in order to care for him or for the claimant’s partner and who is engaged for that purpose by a charitable or voluntary organisation (other than a public or local authority) which makes a charge to the claimant or the claimant’s partner for the care provided by that person;
d
the partner of a person to whom sub-paragraph (c) applies.
3
This paragraph applies to a person, other than a close relative of the claimant or the claimant’s partner, —
a
who is liable to make payments on a commercial basis to the claimant or the claimant’s partner in respect of his occupation of the claimant’s dwelling;
b
to whom the claimant or the claimant’s partner is liable to make payments on a commercial basis in respect of his occupation of that person’s dwelling;
c
who is a member of the household of a person to whom sub-paragraph (a) or (b) applies.
4
Subject to paragraph (5), this paragraph applies to–
a
a person who jointly occupies the claimant’s dwelling and who is either–
i
a co-owner of that dwelling with the claimant or the claimant’s partner (whether or not there are other co-owners); or
ii
jointly liable with the claimant or the claimant’s partner to make payments to a landlord in respect of his occupation of that dwelling; or
b
a partner of a person to whom sub-paragraph (a) applies.
5
Where a person is a close relative of the claimant or the claimant’s partner, paragraph (4) shall apply to him only if the claimant's, or the claimant’s partner's, co-ownership, or joint liability to make payments to a landlord in respect of his occupation, of the dwelling arose either before 11th April 1988, or, if later, on or before the date upon which the claimant or the claimant’s partner first occupied the dwelling in question.
6
For the purposes of this regulation a person resides with another only if they share any accommodation except a bathroom, a lavatory or a communal area but not if each person is separately liable to make payments in respect of his occupation of the dwelling to the landlord.
7
In this regulation “communal area” means any area (other than rooms) of common access (including halls and passageways) and rooms of common use in sheltered accommodation.
Meanings of certain expressions used in the Jobseekers Act 1995
3
For the purposes of the Act and of these Regulations —
“employed earner” has the meaning it has in Part I of the Benefits Act by virtue of section 2(1)(a) of that Act;
“employment” except as provided in regulation 4, includes any trade, business, profession, office or vocation;
“pensionable age” has the meaning it has in Parts I to VI of the Benefits Act by virtue of section 122(1) of that Act.
PART II
JOBSEEKING
Chapter I
Interpretation
Interpretation of Parts II, IV and V
4
In Parts II, IV and V and, as provided below, the Act —
“appropriate office” means the office of the Department for Education and Employment which the claimant is required to attend in accordance with a notice under regulation 23, or any other place which he is so required to attend;
“caring responsibilities” means responsibility for caring for a child or for an elderly person or for a person whose physical or mental condition requires him to be cared for, who is either in the same household or a close relative;
“casual employment” means employment from which the employee can be released without his giving any notice;
“close relative” means a spouse or other member of an unmarried couple, parent, step-parent, grandparent, parent-in-law, son, step-son, son-in-law, daughter, step-daughter, daughter-in-law, brother, sister, grandchild or the spouse of any of the preceding persons or, if that person is one of an unmarried couple, the other member of that couple;
“elderly person” means a person of or over pensionable age;
“employment” in sections 1, 3, 6, 8, 14, 19 and 20 and paragraph 8 of Schedule 1 to the Act and in Parts II, IV and V means employed earner’s employment except where otherwise provided;
“employment officer” means a person who is an employment officer for the purposes of sections 9 and 10;
“Outward Bound course” means any course or programme for personal development which is made available to persons who are not in employment by the charitable trust known as the Outward Bound Trust Limited;
“part-time member of a fire brigade” means a person who is a part-time member of a fire brigade maintained in pursuance of the Fire Services Acts 1947-1959 ;
“pattern of availability” has the meaning given in regulation 7;
“period of study” means the period beginning with the start of the course of study and ending with the last day of the course or such earlier date as the student abandons it or is dismissed from it; but any period of attendance by the student at his educational establishment, or any period of study undertaken by the student, in connection with the course which occurs before or after the period of the course shall be treated as part of the period of study;
“a person who is kept on short-time” means a person whose hours of employment have been reduced owing to temporary adverse industrial conditions;
“a person who is laid off” means a person whose employment has been suspended owing to temporary adverse industrial conditions;
“voluntary work” means work for an organisation the activities of which are carried on otherwise than for profit, or work other than for a member of the claimant’s family, where no payment is received by the claimant or the only payment due to be made to him by virtue of being so engaged is a payment in respect of any expenses reasonably incurred by him in the course of being so engaged;
“week” in sections 6 and 7 and in Parts II and IV means benefit week except where provided otherwise in Parts II and IV;
“work camp” means any place in Great Britain where people come together under the auspices of a charity, a local authority or a voluntary organisation to provide a service of benefit to the community or the environment.
Chapter II
Availability for Employment
Exceptions to requirement to be available immediately: carers, voluntary workers, persons providing a service and persons under an obligation to provide notice
5
1
In order to be regarded as available for employment, a person who has caring responsibilities or who is engaged in voluntary work is not required to be able to take up employment immediately, providing he is willing and able to take up employment on being given 48 hours' notice.
2
In order to be regarded as available for employment, a person who is engaged, whether by contract or otherwise, in providing a service with or without remuneration, other than a person who has caring responsibilities or who is engaged in voluntary work, is not required to be able to take up employment immediately, providing he is willing and able to take up employment on being given 24 hours' notice.
3
In order to be regarded as available for employment, a person who is in employed earner’s employment and is not engaged in remunerative work and who is required by section 49 of the Employment Protection (Consolidation) Act 1978 to give notice to terminate his contract is not required to be able to take up employment immediately, providing he is willing and able to take up employment immediately he is able to do so in accordance with his statutory obligations.
4
Where in accordance with regulation 7, 13 or 17 a person is only available for employment at certain times, he is not required to be able to take up employment at a time at which he is not available, but he must be willing and able to take up employment immediately he is available.
5
Where in accordance with paragraph (1) or (2) a person is not required to be able to take up employment immediately, the 48 hour and 24 hour periods referred to in those paragraphs include periods when in accordance with regulation 7 or 13 he is not available.
Employment of at least 40 hours per week
6
1
In order to be regarded as available for employment, a person must be willing and able to take up employment of at least 40 hours per week, unless he has restricted his availability in accordance with paragraph (3) or (4) of regulation 13 or paragraph (2) of regulation 17 or two or more of those provisions.
2
In order to be regarded as available for employment, a person must be willing and able to take up employment of less than 40 hours per week but not for a greater number of hours per week than the number for which he is available in accordance with paragraph (3) or (4) of regulation 13 or paragraph (2) of regulation 17 or two or more of those provisions.
Restriction of hours for which a person is available to 40 hours per week
7
1
Except as provided in regulation 13 and in regulation 17(2), a person may not restrict the total number of hours for which he is available for employment to less than 40 hours in any week.
2
A person may restrict the total number of hours for which he is available for employment in any week to 40 hours or more providing
a
the times at which he is available to take up employment (his “pattern of availability”) are such as to afford him reasonable prospects of securing employment;
b
his pattern of availability is recorded in his jobseeker’s agreement and any variations in that pattern are recorded in a varied agreement and
c
his prospects of securing employment are not reduced considerably by the restriction imposed by his pattern of availability.
3
A person who has restricted the total number of hours for which he is available in accordance with paragraph (2) and who is not available for employment, and is not to be treated as available for employment in accordance with regulation 14, for one day or more in a week in accordance with his pattern of availability shall not be regarded as available for employment even if he was available for employment for a total of 40 hours or more during that week.
Other restrictions on availability
8
Subject to regulations 6, 7 and 9, any person may restrict his availability for employment by placing restrictions on the nature of the employment for which he is available, the terms or conditions of employment for which he is available (including the rate of remuneration) and the locality or localities within which he is available, providing he can show that he has reasonable prospects of securing employment notwithstanding those restrictions and any restrictions on his availability in accordance with regulations 7(2), 13(2), (3), (4) or 17(2).
No restrictions on pay after six months
9
After the expiry of the six month period beginning with the date of claim, a person may not restrict his availability for employment by placing restrictions on the level of remuneration in employment for which he is available.
Reasonable prospects of employment
10
1
For the purposes of regulations 7 and 8 and paragraphs (2) and (4) of regulation 13, in deciding whether a person has reasonable prospects of securing employment, regard shall be had, in particular, to the following matters —
a
his skills, qualifications and experience;
b
the type and number of vacancies within daily travelling distance from his home;
c
the length of time for which he has been unemployed;
d
the job applications which he has made and their outcome;
e
if he wishes to place restrictions on the nature of the employment for which he is available, whether he is willing to move home to take up employment.
2
It shall be for the claimant to show that he has reasonable prospects of securing employment if he wishes to restrict his availability in accordance with regulation 7 or 8 or paragraph (2) or (4) of regulation 13.
Part-time students
11
1
If in any week a person is a part-time student and
a
he falls within paragraph (2)
b
he has restricted the total number of hours for which he is available in accordance with regulation 7(2), 13(4) or 17(2); and
c
the hours of his course of study fall in whole or in part within his pattern of availability, in determining whether he is available for employment no matter relating to his course of study shall be relevant providing he is willing and able to re-arrange the hours of his course in order to take up employment at times falling within his pattern of availability, to take up such employment immediately or, if he falls within paragraph (1), (2) or (3) of regulation 5, at the time specified in that paragraph and providing he complies with the requirements of regulation 6.
2
A person falls within this paragraph if
a
for a continuous period of not less than 3 months falling immediately before the date on which he first attended the course of study he was in receipt of jobseeker’s allowance or incapacity benefit or was on a course of training or he was in receipt of income support and he fell within paragraph 7 of Schedule 1B to the Income Support Regulations or
b
during the period of 6 months falling immediately before the date on which he first attended the course of study he was
i
for a period, or periods in the aggregate, of not less than 3 months in receipt of jobseeker’s allowance or incapacity benefit or on a course of training or he was in receipt of income support and he fell within paragraph 7 of Schedule 1B to the Income Support Regulations and
ii
after the period referred to in (i), or in the case of periods in the aggregate, after the first such period and throughout the remainder of the 6 months for which that sub-paragraph did not apply to him, engaged in remunerative work or other work the emoluments of which are such as to disentitle him from receipt of jobseeker’s allowance or incapacity benefit or from receipt of income support which would have been payable because he fell within paragraph 7 of Schedule 1B to the Income Support Regulations
and the period of 3 months referred to in sub-paragraph (i) or, as the case may be, the period of 6 months referred to in sub-paragraph (ii), fell wholly after the terminal date.
3
In this regulation, “training” means training for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible provided in England and Wales directly or indirectly by a Training and Enterprise Council pursuant to its arrangement with the Secretary of State (whether that arrangement is known as an Operating Agreement or by any other name) and, in Scotland, directly or indirectly by a Local Enterprise Company pursuant to its arrangement with, as the case may be, Scottish Enterprise or Highlands and Islands Enterprise (whether that arrangement is known as an Operating Contract or by any other name).
Volunteers
12
If in any week a person is engaged in voluntary work and
a
he has restricted the total number of hours for which he is available in accordance with regulation 7(2), 13(4) or 17(2) and
b
the hours in which he is engaged in voluntary work fall in whole or in part within his pattern of availability
in determining whether he is available for employment no matter relating to his voluntary work shall be relevant providing he is willing and able to re-arrange the hours in which he is engaged in voluntary work in order to take up employment on being given 48 hours' notice at times falling within his pattern of availability and providing he complies with the requirements of regulation 6.
Additional restrictions on availability for certain groups
13
1
In any week a person may restrict his availability for employment in the following ways, if the circumstances set out apply.
2
Subject to regulations 6, 7 and 9, a person may impose restrictions on the nature of the employment for which he is available by reason of a sincerely held religious belief, or a sincerely held conscientious objection providing he can show that he has reasonable prospects of employment notwithstanding those restrictions and any restrictions on his availability in accordance with regulation 7(2), 8, paragraph (3) or (4) of this regulation or regulation 17(1) or (2).
3
A person may restrict his availability in any way providing the restrictions are reasonable in the light of his physical or mental condition.
4
A person with caring responsibilities may restrict the total number of hours for which he is available for employment to less than 40 hours in any week providing
a
in that week he is available for employment for as many hours as his caring responsibilities allow and for the specific hours that those responsibilities allow and
b
he has reasonable prospects of securing employment notwithstanding that restriction and
c
he is available for employment of at least 16 hours in that week.
5
In deciding whether a person satisfies the conditions in paragraph (4)(a), regard shall be had, in particular, to the following matters —
a
the particular hours and days spent in caring;
b
whether the caring responsibilities are shared with another person;
c
the age and physical and mental condition of the person being cared for.
Circumstances in which a person is to be treated as available
14
1
A person, other than one to whom regulation 15 applies, shall be treated as available for employment in the following circumstances for as long as those circumstances apply, subject to any maximum period specified in this paragraph —
a
notwithstanding regulation 15(a), if he is participating as a full-time student in an employment-related course where participation by him has been approved before the course started by an employment officer, for a maximum of 2 weeks and one such course in any period of 12 months;
b
if he is attending a residential work camp, for a maximum of 2 weeks and one such occasion in any period of 12 months;
c
if he is temporarily absent from Great Britain because he is taking a member of his family who is a child or young person abroad for treatment, for a maximum of 8 weeks;
d
if he is engaged in the manning or launching of a lifeboat or in the performance of duty as a part-time member of a fire brigade or engaged during an emergency in duties for the benefit of others;
e
if he is a member of a couple and is looking after a member of his family who is a child while the other member is temporarily absent from the United Kingdom, for a maximum of 8 weeks;
f
if he is following an Open University course and is attending, as a requirement of that course, a residential course, for a maximum of one week per course;
g
if he is temporarily looking after a child full-time because the person who normally looks after the child is ill or temporarily absent from home or the person is looking after a member of the family who is ill, for a maximum of 8 weeks;
h
if he has been discharged from detention in a prison, remand centre or youth custody institution, for one week commencing with the date of his discharge;
i
if there is a period between the date of claim and the beginning of the first week after that date, for that period;
j
if there is a period between the date the award is terminated and the end of the week in which the award is terminated, for the period between the beginning of the week in which the award is terminated and the date the award is terminated;
k
notwithstanding regulation 15(a), if he is participating in a programme provided by the Venture Trust in pursuance of an arrangement made by the Secretary of State for the Home Department with the Trust, for a maximum of 4 weeks and one such programme in any period of 12 months;
l
if he is treated as capable of work in accordance with regulation 55, for the period determined in accordance with that regulation;
m
if he is temporarily absent from Great Britain to attend an interview for employment and has given notice to an employment officer, in writing if so required by the employment officer, that he will be so absent for a maximum of one week;
n
if he is a member of a couple and he and his partner are both absent from Great Britain and a premium referred to in paragraph 10, 11, 12, 13 or 15 of Schedule 1 (applicable amounts) is applicable in respect of his partner, for a maximum of 4 weeks.
2
A person, other than one to whom regulation 15 applies, shall be treated as available for employment in the following circumstances —
a
if there is a death or serious illness of a close relative or close friend of his;
b
if there is a domestic emergency affecting him or a close relative or close friend of his;
c
if there is a funeral of a close relative or close friend of his;
d
if he has caring responsibilities and the person being cared for has died;
for the time required to deal with the emergency or other circumstance and for a maximum of one week on the occurrence of any of the circumstances set out in sub-paragraphs (a) to (d), or any combination of those circumstances, and on no more than 4 such periods in any period of 12 months.
3
If any of the circumstances set out in paragraph (1), except those in sub-paragraphs (i) and (j), or any of those set out in paragraph (2) apply to a person for part of a week, he shall for the purposes of regulation 7(1) be treated as available for 8 hours on any day on which those circumstances applied subject to the maximum specified in paragraph (1) or (2), unless he has restricted the total number of hours for which he is available in a week in accordance with regulation 7(2), 13(3) or 17(2). If he has so restricted the total number of hours for which he is available, he shall, for the purposes of regulation 7(1) or 13(4), be treated as available for the number of hours for which he would be available on that day in accordance with his pattern of availability recorded in his jobseeker’s agreement, if any of the circumstances set out in paragraph (1) except those in sub-paragraphs (i) and (j) or any of those set out in paragraph (2) applied on that day, subject to the maximum specified in paragraph (1) or (2).
4
In paragraph (1)(c), “treatment” means treatment for a disease or bodily or mental disablement by or under the supervision of a person qualified to provide medical treatment, physiotherapy or a form of treatment which is similar to, or related to, either of those forms of treatment.
5
For the purposes of paragraph (1)(d),
a
a person is engaged in duties for the benefit of others while–
i
providing assistance to any person whose life may be endangered or who may be exposed to the risk of serious bodily injury or whose health may be seriously impaired,
ii
protecting property of substantial value from imminent risk of serious damage or destruction, or
iii
assisting in measures being taken to prevent a serious threat to the health of the people,
as a member of a group of persons organised wholly or partly for the purpose of providing such assistance or, as the case may be, protection;
b
events which may give rise to an emergency include–
i
a fire, a flood or an explosion,
ii
a natural catastrophe,
iii
a railway or other transport accident,
iv
a cave or mountain accident,
v
an accident at sea,
vi
a person being reported missing and the organisation of a search for that person.
6
In paragraph (1), except in sub-paragraphs (i) and (j), and in paragraph (2), “week” means any period of 7 consecutive days.
Circumstances in which a person is not to be regarded as available
15
A person shall not be regarded as available for employment in the following circumstances —
a
if he is a full-time student during the period of study unless he has a partner who is also a full-time student, if either he or his partner is treated as responsible for a child or a young person, but this exception shall apply only for the period of the summer vacation appropriate to his course and providing he is available for employment in accordance with the provisions of this Chapter or unless he is treated as available in accordance with regulation 14(1)(a) or 14(1)(k);
b
if he is a prisoner on temporary release in accordance with the provisions of the Prison Act 1952 or rules made under section 39(6) of the Prisons (Scotland) Act 1989 ;
c
if she is in receipt of maternity allowance or maternity pay in accordance with section 35 or sections 164-171 respectively of the Benefits Act.
Further circumstances in which a person is to be treated as available: permitted period
16
1
A person who is available for employment–
a
only in his usual occupation;
b
only at a level of remuneration not lower than that which he is accustomed to receive, or
c
only in his usual occupation and at a level of remuneration not lower than that which he is accustomed to receive
may be treated for a permitted period as available for employment in that period.
2
Whether a person should be treated as available for a permitted period and if so, the length of that permitted period shall be determined having regard to the following factors —
a
the person’s usual occupation and any relevant skills or qualifications which he has;
b
the length of any period during which he has undergone training relevant to that occupation;
c
the length of the period during which he has been employed in that occupation and the period since he was so employed;
d
the availability and location of employment in that occupation.
3
A permitted period shall be for a minimum of one week and a maximum of 13 weeks and shall start on the date of claim and in this paragraph “week” means any period of 7 consecutive days.
Laid off and short-time workers
17
1
A person who is laid off shall be treated as available for employment providing he is willing and able to resume immediately the employment from which he has been laid off and to take up immediately any casual employment which is within daily travelling distance of his home or, if he falls within paragraph (1) or (2) of regulation 5, at the time specified in that regulation.
2
A person who is kept on short-time shall be treated as available for employment, providing he is willing and able to resume immediately the employment in which he is being kept on short-time and to take up immediately any casual employment which is within daily travelling distance of his home or, if he falls within paragraph (1) or (2) of regulation 5, at the time specified in that regulation in the hours in which he is not working short-time but the total number of hours for which he works and is available for casual employment must be at least 40 in any week.
3
A person shall not be treated as available for employment in accordance with this regulation for more than 13 weeks, starting with the day after the day he was laid off or first kept on short-time.
4
A person who is laid off or kept on short-time may not be treated as available for employment for a permitted period in accordance with regulation 16, unless he ceases to be laid off or kept on short-time within 13 weeks of the day on which he was laid off or first kept on short time, in which case he may be treated as available for employment for a permitted period ending a maximum of 13 weeks after the date of claim.
5
In paragraphs (3) and (4), “week” means any period of 7 consecutive days.
Chapter III
Actively Seeking Employment
Steps to be taken by persons actively seeking employment
18
1
For the purposes of section 7(1) (actively seeking employment) a person shall be expected to have to take more than one step on one occasion in any week unless taking one step on one occasion is all that it is reasonable for that person to do in that week.
2
Steps which it is reasonable for a person to be expected to have to take in any week include —
a
oral or written applications (or both) for employment made to persons–
i
who have advertised the availability of employment; or
ii
who appear to be in a position to offer employment;
b
seeking information on the availability of employment from–
i
advertisements;
ii
persons who have placed advertisements which indicate the availability of employment;
iii
employment agencies and employment businesses;
iv
employers;
c
registration with an employment agency or employment business;
d
appointment of a third party to assist the person in question in finding employment;
e
seeking specialist advice, following referral by an employment officer, on how to improve the prospects of securing employment having regard to that person’s needs and in particular in relation to any mental or physical limitations of that person;
f
drawing up a curriculum vitae;
g
seeking a reference or testimonial from a previous employer;
h
drawing up a list of employers who may be able to offer employment to him with a view to seeking information from them on the availability of employment;
i
seeking information about employers who may be able to offer employment to him;
j
seeking information on an occupation with a view to securing employment in that occupation.
3
In determining whether, in relation to any steps taken by a person, the requirements of section 7(1) are satisfied in any week, regard shall be had to all the circumstances of the case, including —
a
his skills, qualifications and abilities;
b
his physical or mental limitations;
c
the time which has elapsed since he was last in employment and his work experience;
d
the steps which he has taken in previous weeks and the effectiveness of those steps in improving his prospects of securing employment;
e
the availability and location of vacancies in employment;
f
any time during which he was–
i
engaged in the manning or launching of a lifeboat or in the performance of duty as a part-time member of a fire brigade or engaged during an emergency in duties for the benefit of others,
ii
attending an Outward Bound course,
iii
in the case of a blind person, participating in a course of training in the use of guide dogs,
iv
participating in training in the use of aids to overcome any physical or mental limitations of his in order to improve his prospects of securing employment,
v
engaged in duties as a member of any territorial or reserve force prescribed in Part I of Schedule 3 to the Social Security (Contributions) Regulations 1979 ,
vi
participating as a part-time student in an employment-related course,
vii
participating for less than 3 days in an employment or training programme for which a training allowance is not payable;
g
any time during which he was engaged in voluntary work and the extent to which it may have improved his prospects of securing employment;
h
whether he is treated as available for employment under regulation 14;
i
whether he has applied for, or accepted, a place on, or participated in, a course or programme the cost of which is met in whole or in part out of central funds or by the European Community and the purpose of which is to assist persons to select, train for, obtain or retain employed earner’s employment or self-employed earner’s employment; and
j
where he had no living accommodation in that week the fact that he had no such accommodation and the steps which he needed to take and has in fact taken to seek such accommodation.
4
Any act of a person which would otherwise be relevant for purposes of section 7 shall be disregarded in the following circumstances —
a
where, in taking the act, he acted in a violent or abusive manner,
b
where the act comprised the completion of an application for employment and he spoiled the application,
c
where by his behaviour or appearance he otherwise undermined his prospects of securing the employment in question,
unless those circumstances were due to reasons beyond his control.
5
In this regulation–
“employment agency” and “employment business” mean an employment agency or (as the case may be) employment business within the meaning of the Employment Agencies Act 1973 ;
“employment or training programme” means a course or programme the person’s participation in which is attributable to arrangements made by the Secretary of State under section 2 of the Employment and Training Act 1973 for the purpose of assisting persons to select, train for, obtain or retain employed earner’s employment.
Circumstances in which a person is to be treated as actively seeking employment
19
1
A person shall be treated as actively seeking employment in the following circumstances, subject to paragraph (2) and to any maximum period specified in this paragraph —
a
in any week during which he is participating for not less than 3 days as a full-time student in an employment-related course where participation by him has been approved before the course started by an employment officer, for a maximum of 2 weeks and one such course in any period of 12 months;
b
in any week during which he is attending for not less than 3 days a residential work camp, for a maximum of 2 weeks and one such occasion in any period of 12 months;
c
in any week during which he is temporarily absent from Great Britain for not less than 3 days because he is taking a member of his family who is a child or young person abroad for treatment, for a maximum of 8 weeks;
d
in any week during which he is engaged for not less than 3 days in the manning or launching of a lifeboat or in the performance of duty as a part-time member of a fire brigade or engaged during an emergency in duties for the benefit of others;
e
if he is a member of a couple, in any week during which he is for not less than 3 days looking after a member of his family who is a child while the other member is temporarily absent from the United Kingdom, for a maximum of 8 weeks;
f
if he is following an Open University course, in any week during which he is attending for not less than 3 days, as a requirement of that course, a residential course, for a maximum of one week per course;
g
in any week during which he is for not less than 3 days temporarily looking after a child full-time because the person who normally looks after the child is ill or temporarily absent from home or the person is looking after a member of the family who is ill, for a maximum of 8 weeks;
h
in the first week after the date of claim if he is treated as available for employment to any extent in that week under regulation 14(1)(h);
i
if there is a period between the date of claim and the beginning of the first week after that date, for that period;
j
if there is a period between the date the award is terminated and the end of the week in which the award is terminated, for the period between the beginning of the week in which the award is terminated and the date the award is terminated;
k
in any week during which he is participating for not less than 3 days in a programme provided by the Venture Trust in pursuance of an arrangement made by the Secretary of State for the Home Department with the Trust, for a maximum of 4 weeks and one such programme in any period of 12 months;
l
in any week during which he is for not less than 3 days treated as capable of work in accordance with regulation 55;
m
in any week during which he is temporarily absent from Great Britain for not less than 3 days in order to attend an interview for employment and has given notice to an employment officer, in writing if so required by the employment officer, that he will be so absent, for a maximum of 1 week;
n
if he is a member of a couple, in any week during which he and his partner are both absent from Great Britain for not less than 3 days and in which a premium referred to in paragraph 10, 11, 12, 13 or 15 of Schedule 1 (applicable amounts) is applicable in respect of his partner, for a maximum of 4 weeks;
o
in any week during which he is treated as available for employment on not less than 3 days under regulation 14(2);
p
in any week in respect of which he has given notice to an employment officer, in writing if so required by the employment officer, that —
i
he does not intend to be actively seeking employment, but
ii
he does intend to reside at a place other than his usual place of residence for at least one day;
q
in any week during which he is participating for not less than 3 days in an employment or training programme for which a training allowance is not payable;
r
in any week, being part of a single period not exceeding 8 weeks falling within a period of continuous entitlement to a jobseeker’s allowance, during which he is taking active steps to establish himself in self-employed earner’s employment under any scheme for assisting persons to become so employed —
i
where, in Wales, his participation under the scheme is attributable to arrangements made by the Secretary of State under section 2 of the Employment and Training Act 1973,
ii
where, in Scotland, the scheme is established by virtue of arrangements made by Scottish Enterprise or Highlands and Islands Enterprise under section 2(3) of the Enterprise and New Towns (Scotland) Act 1990 ,
iii
where, in England, the scheme is directly or indirectly provided by, or with financial assistance from, the Secretary of State, the Urban Regeneration Agency, an urban development corporation or a housing action trust,
and the single period referred to above shall begin with the week in which he is accepted on a place under the scheme.
2
In any period of 12 months a person shall be treated as actively seeking employment under paragraph (1)(p) only for the number of weeks specified in one of the following sub-paragraphs —
a
a maximum of 2 weeks; or
b
a maximum of 3 weeks during which he is attending for at least 3 days in each such week an Outward Bound course; or
c
if he is a blind person, a maximum of 6 weeks during which, apart from a period of no more than 2 weeks, he participates for a maximum period of 4 weeks in a course of training in the use of guide dogs of which at least 3 days in each such week is spent in that training.
3
In this regulation–
“employment or training programme” means a course or programme the person’s participation in which is attributable to arrangements made by the Secretary of State under section 2 of the Employment and Training Act 1973 for the purpose of assisting persons to select, train for, obtain or retain employment;
“housing action trust” means a corporation established by an order of the Secretary of State pursuant to section 62(1) of the Housing Act 1988 ;
“treatment” means treatment for a disease or bodily or mental disablement by or under the supervision of a person qualified to provide medical treatment, physiotherapy or a form of treatment which is similar to, or related to, either of those forms of treatment;
“urban development corporation” means a corporation established by an order of the Secretary of State pursuant to section 135(1) of the Local Government, Planning and Land Act 1980 ;
“Urban Regeneration Agency” means the agency referred to in section 158(1) of the Leasehold Reform, Housing and Urban Development Act 1993 .
Further circumstances in which a person is to be treated as actively seeking employment: permitted period
20
1
A person to whom paragraph (2) does not apply shall be treated as actively seeking employment in any week during any permitted period determined in his case in accordance with regulation 16, if he is actively seeking employment in that week —
a
only in his usual occupation,
b
only at a level of remuneration not lower than that which he is accustomed to receive, or
c
only in his usual occupation and at a level of remuneration not lower than that which he is accustomed to receive.
2
A person to whom this paragraph applies shall be treated as actively seeking employment in any week during any permitted period determined in his case in accordance with regulation 16, if he is actively seeking employment, self-employed earner’s employment, or employment and self-employed earner’s employment in that week —
a
only in his usual occupation,
b
only at a level of remuneration not lower than that which he is accustomed to receive, or
c
only in his usual occupation and at a level of remuneration not lower than that which he is accustomed to receive.
3
Paragraph (2) applies to a person who has, at any time during the period of 12 months immediately preceding the date of claim, been engaged in his usual occupation in self-employed earner’s employment.
Further circumstances in which a person is to be treated as actively seeking employment: laid off and short-time workers
21
A person who has restricted his availability for employment in accordance with regulation 17(1) or, as the case may be, regulation 17(2), shall in any week in which he has so restricted his availability for not less than 3 days be treated as actively seeking employment in that week if he takes such steps as he can reasonably be expected to have to take in order to have the best prospects of securing employment for which he is available under regulation 17.
Interpretation of certain expressions for the purposes of regulations 18(3)(f)(i) and 19(1)(d)
22
For the purposes of regulations 18(3)(f)(i) and 19(1)(d) —
a
a person is engaged in duties for the benefit of others while–
i
providing assistance to any person whose life may be endangered or who may be exposed to the risk of serious bodily injury or whose health may be seriously impaired,
ii
protecting property of substantial value from imminent risk of serious damage or destruction, or
iii
assisting in measures being taken to prevent a serious threat to the health of the people,
as a member of a group of persons organised wholly or partly for the purpose of providing such assistance or, as the case may be, protection;
b
events which may give rise to an emergency include–
i
a fire, a flood or an explosion,
ii
a natural catastrophe,
iii
a railway or other transport accident,
iv
a cave or mountain accident,
v
an accident at sea,
vi
a person being reported missing and the organisation of a search for that person.
Chapter IV
Attendance, Information and Evidence
Attendance
23
A claimant shall attend at such place and at such time as the Secretary of State may specify by a notice in writing given or sent to the claimant.
Provision of information and evidence
24
1
A claimant shall provide such information as to his circumstances, his availability for employment and the extent to which he is actively seeking employment as may be required by the Secretary of State in order to determine the entitlement of the claimant to a jobseeker’s allowance, whether that allowance is payable to him and, if so, in what amount.
2
A claimant shall furnish such other information in connection with the claim, or any question arising out of it, as may be required by the Secretary of State.
3
Where–
a
a jobseeker’s allowance may be claimed by either member of a couple, or
b
entitlement to a jobseeker’s allowance or whether that allowance is payable and, if so, in what amount, is or may be affected by the circumstances of either member of a couple or any member of a polygamous marriage,
the Secretary of State may require the member of the couple other than the claimant to certify in writing whether he agrees to the claimant’s making the claim, or that he, or any member of a polygamous marriage, confirms the information given about his circumstances.
4
A claimant shall furnish such certificates, documents and other evidence as may be required by the Secretary of State for the determination of the claim.
5
A claimant shall furnish such certificates, documents and other evidence affecting his continuing entitlement to a jobseeker’s allowance, whether that allowance is payable to him and, if so, in what amount as the Secretary of State may require.
6
A claimant shall, if the Secretary of State requires him to do so, provide a signed declaration to the effect that —
a
he is, and has been since making a claim for a jobseeker’s allowance or since he last provided a declaration in accordance with this paragraph, either available for employment or satisfied the circumstances to be treated as available for employment, save as he has otherwise notified the Secretary of State,
b
since making a claim for a jobseeker’s allowance or since he last provided a declaration in accordance with this paragraph he has either been actively seeking employment to the extent necessary to give him his best prospects of securing employment or he has satisfied the circumstances to be treated as actively seeking employment, save as he has otherwise notified the Secretary of State, and
c
since making a claim for a jobseeker’s allowance or since he last provided a declaration in accordance with this paragraph there has been no change to his circumstances which might affect his entitlement to a jobseeker’s allowance or the payability or amount of such an allowance, save as he has notified the Secretary of State.
7
A claimant shall notify the Secretary of State–
a
of any change of circumstances which has occurred which he might reasonably be expected to know might affect his entitlement to a jobseeker’s allowance or the payability or amount of such an allowance; and
b
of any such change of circumstances which he is aware is likely so to occur,
and shall do so as soon as reasonably practicable after its occurrence or, as the case may be, after he becomes so aware, by giving notice in writing (unless the Secretary of State determines in any particular case to accept notice given otherwise than in writing) to the appropriate office.
8
Where, pursuant to paragraph (1) or (2), a claimant is required to provide information he shall do so when he attends in accordance with a notice under regulation 23, if so required by the Secretary of State, or within such period as the Secretary of State may require.
9
Where, pursuant to paragraph (4) or (5), a claimant is required to provide certificates, documents or other evidence he shall do so within seven days of being so required or such longer period as the Secretary of State may consider reasonable.
10
Where, pursuant to paragraph (6), a claimant is required to provide a signed declaration he shall provide it on the day on which he is required to attend in accordance with a notice under regulation 23 or on such other day as the Secretary of State may require.
Entitlement ceasing on a failure to comply
25
1
Subject to regulation 27, entitlement to a jobseeker’s allowance shall cease in the following circumstances —
a
if the claimant fails to attend on the day specified in a notice under regulation 23, other than a notice requiring attendance under an employment programme or a training scheme;
b
if–
i
following a failure to attend at the time specified in a notice under regulation 23, the Secretary of State has informed the claimant in writing that a failure to attend, on the next occasion on which he is required to attend, at the time specified in such a notice may result in his entitlement to a jobseeker’s allowance ceasing, and
ii
he fails to attend at the time specified in such a notice on the next occasion;
c
if the claimant was required to provide a signed declaration as referred to in regulation 24(6) and he fails to provide it on the day on which he ought to do so in accordance with regulation 24(10).
2
In this regulation, “an employment programme” and “a training scheme” have the meaning given in regulation 75.
Time at which entitlement is to cease
26
Entitlement to a jobseeker’s allowance shall cease in accordance with regulation 25 on whichever is the earlier of —
a
the day after the last day in respect of which the claimant has provided information or evidence which establishes his entitlement to a jobseeker’s allowance,
b
if regulation 25(a) or (b) applies, the day on which he was required to attend, and
c
if regulation 25(c) applies, the day on which he ought to have provided the signed declaration,
provided that it shall not cease earlier than the day after he last attended in compliance with a notice under regulation 23.
Where entitlement is not to cease
27
1
Entitlement to a jobseeker’s allowance shall not cease if the claimant shows, before the end of the fifth working day after the day on which he failed to comply with a notice under regulation 23 or to provide a signed declaration in accordance with regulation 24, that he had good cause for the failure.
2
In this regulation, “working day” means any day on which the appropriate office is not closed.
Matters to be taken into account in determining whether a claimant has good cause for failing to comply with a notice under regulation 23
28
1
Subject to regulation 30, in determining, for the purposes of regulation 27, whether a claimant has good cause for failing to comply with a notice under regulation 23 the matters which are to be taken into account shall include the following —
a
whether the claimant misunderstood the requirement on him due to any learning, language or literacy difficulties of the claimant or any misleading information given to the claimant by an employment officer;
b
whether the claimant was attending a medical or dental appointment, or accompanying a person for whom the claimant has caring responsibilities to such an appointment, and whether it would have been unreasonable, in the circumstances, to rearrange the appointment;
c
any difficulty with the claimant’s normal mode of transport and whether there was any reasonable available alternative;
d
the established customs and practices of the religion, if any, to which the claimant belongs;
e
whether the claimant was attending an interview for employment.
2
In this regulation, “employment” means employed earner’s employment except in relation to a claimant to whom regulation 20(2) applies and for the duration only of any permitted period determined in his case in accordance with regulation 16, in which case, for the duration of that period, it means employed earner’s employment or self-employed earner’s employment.
Matters to be taken into account in determining whether a claimant has good cause for failing to provide a signed declaration
29
In determining, for the purposes of regulation 27, whether a claimant has good cause for failing to comply with a requirement to provide a signed declaration, as referred to in regulation 24(6), on the day on which he ought to do so the matters which are to be taken into account shall include the following —
a
whether there were adverse postal conditions;
b
whether the claimant misunderstood the requirement on him due to any learning, language or literacy difficulties of the claimant or any misleading information given to the claimant by an employment officer.
Circumstances in which a claimant is to be regarded as having good cause for failing to comply with a notice under regulation 23
30
For the purposes of regulation 27, a claimant is to be regarded as having good cause for failing to comply with a notice under regulation 23 —
a
where, if regulation 5(1) applies in his case, he was required to attend at a time less than 48 hours from receipt by him of the notice;
b
where, if regulation 5(2) applies in his case, he was required to attend at a time less than 24 hours from receipt by him of the notice;
c
where he was, in accordance with regulation 14(1)(a) — (g), (k) — (n) or 14(2), treated as available for employment on the day on which he failed to attend;
d
where the day on which he failed to attend falls in a week in which he was, in accordance with regulation 19(1)(p) and 19(2), treated as actively seeking employment.
Chapter V
Jobseeker’s Agreement
Contents of Jobseeker’s Agreement
31
The prescribed requirements for a jobseeker’s agreement are that it shall contain the following information —
a
the claimant’s name;
b
where the hours for which the claimant is available for employment are restricted in accordance with regulation 7, the total number of hours for which he is available and any pattern of availability;
c
any restrictions on the claimant’s availability for employment, including restrictions on the location or type of employment, in accordance with regulations 5, 8, 13 and 17;
d
a description of the type of employment which the claimant is seeking;
e
the action which the claimant will take–
i
to seek employment; and
ii
to improve his prospects of finding employment;
f
the dates of the start and of the finish of any permitted period in his case for the purposes of sections 6(5) and 7(5);
g
a statement of the claimant’s right–
i
to have a proposed jobseeker’s agreement referred to an adjudication officer;
ii
to seek a review of any determination of, or direction given by, an adjudication officer; and
iii
to appeal to a social security appeal tribunal against any determination of, or direction given by, an adjudication officer on a review.
h
the date of the agreement.
Back-dating of a Jobseeker’s Agreement by an Adjudication Officer
32
In giving a direction under section 9(7)(c), the adjudication officer shall take into account all relevant matters including —
a
where the claimant refused to accept the agreement proposed by the employment officer, whether he was reasonable in so refusing;
b
where the claimant has signified to the employment officer or to the adjudication officer that the claimant is prepared to accept an agreement which differs from the agreement proposed by the employment officer, whether the terms of the agreement which he is prepared to accept are reasonable;
c
where the claimant has signified to the employment officer or to the adjudication officer that the claimant is prepared to accept the agreement proposed by the employment officer, that fact;
d
the date on which, in all the circumstances, he considers that the claimant was first prepared to enter into an agreement which the adjudication officer considers reasonable; and
e
where the date on which the claimant first had an opportunity to sign a jobseeker’s agreement was later than the date on which he made a claim, that fact.
Notification of Determinations and Directions under Section 9
33
The claimant shall be notified of —
a
any determination of the adjudication officer under section 9;
b
any direction given by the adjudication officer under section 9.
Jobseeker’s Agreement treated as having been made
34
A claimant is to be treated as having satisfied the condition mentioned in section 1(2)(b) —
a
where he is permitted to make a claim for a jobseeker’s allowance without attending at an office of the Department for Education and Employment or of the Department of Social Security, for the period beginning with the date of claim and ending on the date on which he has an interview with an employment officer for the purpose of drawing up a jobseeker’s agreement;
b
where, after the date of claim, the claim is terminated before he has an interview with an employment officer for the purpose of drawing up a jobseeker’s agreement;
c
as long as he is treated as available for employment in accordance with regulation 14 where the circumstances set out in that regulation arise after the date of claim and before he has an interview with an employment officer for the purpose of drawing up a jobseeker’s agreement;
d
as long as there are circumstances not peculiar to the claimant which make impracticable or unduly difficult the normal operation of the provisions governing, or the practice relating to, the claiming, awarding or payment of jobseeker’s allowance.
Automatic Back-dating of Jobseeker’s Agreement
35
Where a jobseeker’s agreement is signed on a date later than the date of claim and there is no reference of that agreement to an adjudication officer under section 9(6), the agreement shall be treated as having effect on the date of claim.
Jobseeker’s Agreement to remain in effect
36
A jobseeker’s agreement entered into by a claimant shall not cease to have effect on the coming to an end of an award of a jobseeker’s allowance made to him —
a
where a further claim for a jobseeker’s allowance is made within a period not exceeding 14 days; or
b
in respect of any part of a period of suspension, where–
i
payment under an award of a jobseeker’s allowance has been suspended by direction of the Secretary of State on the ground that a question arises whether the conditions for entitlement to the allowance are or were fulfilled or the award ought to be revised, and
ii
subsequently that suspension is cancelled in respect of future periods, and
iii
it is then determined that the award should be revised to the effect that there was no entitlement to the allowance in respect of any part of the period of suspension; or
c
for as long as the claimant satisfies the conditions of entitlement to national insurance credits, other than any condition relating to the existence of a jobseeker’s agreement, in accordance with the Social Security (Credits) Regulations 1975 .
Variation of Jobseeker’s Agreement
37
The prescribed manner for varying a jobseeker’s agreement shall be in writing and signed by both parties in accordance with section 10(2) on the proposal of the claimant or the employment officer.
Direction to vary Agreement: time for compliance
38
The prescribed period for the purposes of section 10(6)(c) shall be the period of 21 days beginning with the date on which the direction was issued.
Variation of Agreement: matters to be taken into account
39
In giving a direction under section 10(6)(b) or (d) an adjudication officer shall take into account the preference of the claimant if he considers that both the claimant’s proposals and those of the employment officer satisfy the requirements of section 10(5).
Notification of Determinations and Directions under Section 10
40
The claimant shall be notified of —
a
any determination of the adjudication officer under section 10;
b
any direction of the adjudication officer under section 10.
Procedure for Reviews
41
1
This regulation applies to an application for a review under section 11.
2
An application for a review to which this regulation applies shall–
a
be made in writing,
b
set out the grounds for the application, and
c
be made to an appropriate office within the period of 3 months beginning with the date on which the determination or direction was notified to the claimant.
3
Where a claimant submits an application for a review by post which would have arrived in the appropriate office in the ordinary course of the post within the period prescribed by paragraph (2)(c) but is delayed by postal disruption caused by industrial action whether within the postal service or elsewhere, that period shall expire on the day the application is received at the appropriate office if that day does not fall within the period prescribed by paragraph (2)(c).
4
The adjudication officer shall proceed to deal with any question arising on a review to which this regulation applies in accordance with sections 9 and 10 and regulations 31 to 39.
5
The claimant shall be notified of any determination of, or direction given by, an adjudication officer on a review to which this regulation applies and shall be notified of his right to appeal to a social security appeal tribunal against any such determination or direction under section 11(3).
6
Accidental errors in, or in the record of, any determination of, or direction given by, an adjudication officer on a review to which this regulation applies may be corrected by the adjudication officer who made the determination, or gave the direction, or by another adjudication officer.
7
A correction made to, or to the record of, a determination or direction shall be deemed to be part of the determination or direction or of that record and the claimant and the employment officer shall be notified of it in writing as soon as practicable.
Appeals to Social Security Appeal Tribunal
42
Parts I and II and in Part III regulations 22(1) to (3) and 23 and 24 of the Social Security (Adjudication) Regulations 1995 shall apply in relation to appeals to the social security appeals tribunal under section 11(3) as they apply to appeals to that tribunal under the Social Security Administration Act 1992 with the following modifications —
a
in regulation 6(2), the addition of the words “or section 11(3) of the Jobseekers Act 1995 (c. 18) ” after the words “Administration Act”;
b
in Schedule 2, after entry 11, the addition of–
i
in column 1, the words “Appeal to an appeal tribunal against any determination of, or direction given by, an adjudication officer on a review under section 11 of the Jobseekers Act 1995”;
ii
in column 2, the words — “the office of the Department for Education and Employment which the claimant is required to attend in accordance with a notice under regulation 23 of the Jobseeker’s Allowance Regulations 1996 ( S.I. 1996/207 ), or any other place which he is so required to attend”;
iii
in column 3, the words “3 months beginning with the date when notice in writing of the determination or direction was given to the claimant”.
Direction of Social Security Appeal Tribunal: time limit for compliance
43
The prescribed period for the purposes of section 11(5) shall be the period of 21 days beginning with the date on which the direction was issued.
Appeals to the Commissioner
44
The Social Security Commissioners Procedure Regulations 1987 , except regulations 8, 12(2), 23, 28, 31(5), (6), (7) and (8), 32 and 33, shall apply in relation to appeals to the Commissioner under section 11(6) as they apply in relation to appeals under section 23 of the Administration Act.
Appropriate person
45
A trade union or other association which exists to promote the interests and welfare of its members shall be an appropriate person for the purposes of section 11(6) where —
a
the claimant is a member of the union or of the association, as the case may be, at the time of the appeal and was so immediately before the question at issue arose; or
b
the question at issue is a question as to or in connection with entitlement of a deceased person who was at the time of his death a member of the union or of the association, as the case may be.
PART III
OTHER CONDITIONS OF ENTITLEMENT
Waiting Days
46
1
Paragraph 4 of Schedule 1 to the Act shall not apply in a case where–
a
a person’s entitlement to a jobseeker’s allowance commences within 12 weeks of an entitlement of his to income support, incapacity benefit or invalid care allowance coming to an end; or
b
a claim for a jobseeker’s allowance falls to be determined by reference to section 3(1)(f)(ii) (persons under the age of 18).
2
In the case of a person to whom paragraph 4 of Schedule 1 to the Act applies, the number of days is 3.
Jobseeking Period
47
1
For the purposes of the Act, but subject to paragraphs (2) and (3), the “jobseeking period” means any period throughout which the claimant satisfies or is treated as satisfying the conditions specified in paragraphs (a) to (c) and (e) to (i) of subsection (2) of section 1 (conditions of entitlement to a jobseeker’s allowance).
2
Any period in which–
a
a claimant does not satisfy any of the requirements in section 1(2)(a) to (c), and
b
a jobseeker’s allowance is payable to him in accordance with Part IX (Hardship),
shall, for the purposes of paragraph (1), be treated as a period in which the claimant satisfies the conditions specified in paragraphs (a) to (c) of subsection (2) of section 1.
3
The following periods shall not be, or be part of, a jobseeking period–
a
any period in respect of which no claim for a jobseeker’s allowance has been made or treated as made;
b
such period as falls before the day on which a claim for a jobseeker’s allowance is made or treated as made or, where good cause is shown for a claim outside the prescribed time for claiming, before the earliest date in respect of which good cause is shown;
c
where a claim for a jobseeker’s allowance has been made or treated as made but no entitlement to benefit arises in respect of a period before the date of claim by virtue of section 1(2) of the Administration Act (limits for backdating entitlement), that period;
d
where–
i
a claimant satisfies the conditions specified in paragraphs (a) to (c) and (e) to (i) of subsection (2) of section 1; and
ii
entitlement to a jobseeker’s allowance ceases in accordance with regulation 25 (entitlement ceasing on a failure to comply),
the period beginning with the date in respect of which, in accordance with regulation 26, entitlement ceases and ending with the day before the date in respect of which the claimant again becomes entitled to a jobseeker’s allowance; or
e
any week in which a claimant is not entitled to a jobseeker’s allowance in accordance with section 14 (trade disputes).
4
For the purposes of section 5 (duration of a contribution-based jobseeker’s allowance) any day —
a
which falls within a jobseeking period;
b
on which the claimant satisfies the conditions specified in section 2 (the contribution-based conditions) other than the conditions specified in subsection (1)(c) and (d) of that section; and
c
on which the claimant is not entitled to a contribution-based jobseeker’s allowance by virtue of section 19 or any provision of these Regulations,
shall be treated as if it was a day in respect of which he was entitled to a contribution-based jobseeker’s allowance.
Linking Periods
48
1
For the purposes of the Act, two or more jobseeking periods shall be treated as one jobseeking period where they are separated by a period comprising only —
a
any period of not more than 12 weeks;
b
a linked period;
c
any period of not more than 12 weeks falling between–
i
any two linked periods; or
ii
a jobseeking period and a linked period;
d
a period in respect of which the claimant is summoned to jury service.
2
Linked periods for the purposes of the Act are any of the following periods–
a
to the extent specified in paragraph (3), any period throughout which the claimant is entitled to an invalid care allowance under section 70 of the Benefits Act;
b
any period throughout which the claimant is incapable of work, or is treated as incapable of work, in accordance with Part XIIA of the Benefits Act ;
c
any period throughout which the claimant was entitled to a maternity allowance under section 35 of the Benefits Act;
d
any period throughout which the claimant was engaged in training for which a training allowance is payable.
3
A period of entitlement to invalid care allowance shall be a linked period only where it enables the claimant to satisfy contribution conditions for entitlement to a contribution-based jobseeker’s allowance which he would otherwise be unable to satisfy.
Persons approaching Retirement and the Jobseeking Period
49
1
The provisions of this regulation apply only to days which fall–
a
after 6th October 1996; and
b
within a tax year in which the claimant has attained the age of 60 but is under pensionable age,
and in respect of which a jobseeker’s allowance is not payable because the decision of the determining authority is that the claimant —
i
has exhausted his entitlement to a contribution-based jobseeker’s allowance; or (ii) fails to satisfy one or both the contribution conditions specified in section 2(1)(a) and (b); or
iii
is entitled to a contribution-based jobseeker’s allowance but the amount payable is reduced to Nil by virtue of deductions made in accordance with regulation 81 for pension payments.
2
For the purposes of paragraph (1) of regulation 47 (jobseeking period) but subject to paragraphs (3) and (4), any days to which paragraph (1) applies shall be days on which the person is treated as satisfying the conditions specified in paragraphs (a) to (c) and (e) to (i) of subsection (2) of section 1 (conditions of entitlement to a jobseeker’s allowance).
3
Where a person–
a
is treated as satisfying the conditions of entitlement mentioned in paragraph (2); and
b
is employed as an employed earner or a self-employed earner for a period of more than 12 weeks, then no day which falls within or follows that period shall be days on which the person is treated as satisfying those conditions so however that this paragraph shall not prevent paragraph (2) from again applying to a person who makes a claim for a jobseeker’s allowance after that period.
4
Any day which is, for the purposes of section 30C of the Benefits Act , a day of incapacity for work falling within a period of incapacity for work shall not be a day on which the person is treated as satisfying the conditions referred to in paragraph (2).
Persons temporarily absent from Great Britain
50
1
For the purposes of the Act, a claimant shall be treated as being in Great Britain during any period of temporary absence from Great Britain —
a
not exceeding 4 weeks in the circumstances specified in paragraphs (2), (3) and (4);
b
not exceeding 8 weeks in the circumstances specified in paragraph (5).
2
The circumstances specified in this paragraph are that–
a
the claimant is in Northern Ireland and satisfies the conditions of entitlement to a jobseeker’s allowance; and
b
immediately preceding the period of absence from Great Britain the claimant was entitled to a jobseeker’s allowance; and
c
the period of absence is unlikely to exceed 52 weeks.
3
The circumstances specified in this paragraph are that–
a
immediately preceding the period of absence from Great Britain the claimant was entitled to a jobseeker’s allowance; and
b
the period of absence is unlikely to exceed 52 weeks; and
c
while absent from Great Britain, the claimant continues to satisfy, or be treated as satisfying, the other conditions of entitlement to a jobseeker’s allowance; and
d
is one of a couple, both of whom are absent from Great Britain, where a premium referred to in paragraphs 10, 11, 12, 13 or 15 of Schedule 1 (applicable amounts) is applicable in respect of the claimant’s partner.
4
The circumstances of this paragraph are that–
a
while absent from Great Britain the person is in receipt of a training allowance; and
b
regulation 170 (person in receipt of training allowance) applies in his case; and
c
immediately preceding his absence from Great Britain, he was entitled to a jobseeker’s allowance.
5
The circumstances specified in this paragraph are that–
a
immediately preceding the period of absence from Great Britain, the claimant was entitled to a jobseeker’s allowance; and
b
the period of absence is unlikely to exceed 52 weeks; and
c
the claimant continues to satisfy or be treated as satisfying the other conditions of entitlement to a jobseeker’s allowance; and
d
the claimant is, or the claimant and any other member of his family are, accompanying a member of the claimant’s family who is a child or young person solely in connection with arrangements made for the treatment of that child or young person for a disease or bodily or mental disablement; and
e
those arrangements relate to treatment–
i
outside Great Britain;
ii
during the period whilst the claimant is, or the claimant and any member of his family are, temporarily absent from Great Britain; and
iii
by, or under the supervision of, a person appropriately qualified to carry out that treatment.
6
A person shall also be treated, for the purposes of the Act, as being in Great Britain during any period of temporary absence from Great Britain where —
a
the absence is for the purpose of attending an interview for employment; and
b
the absence is for 7 consecutive days or less; and
c
notice of the proposed absence is given to the employment officer before departure, and is given in writing if so required by the officer; and
d
on his return to Great Britain the person satisfies the employment officer that he attended for the interview in accordance with his notice.
7
In this regulation–
“appropriately qualified” means qualified to provide medical treatment, physiotherapy or a form of treatment which is similar to, or related to, either of those forms of treatment;
“employment officer” means a person who is an employment officer for the purposes of sections 9 and 10.
Remunerative Work
51
1
For the purposes of the Act “remunerative work” means–
a
in the case of the claimant, work in which he is engaged or, where his hours of work fluctuate, is engaged on average, for not less than 16 hours per week; and
b
in the case of any partner of the claimant, work in which he is engaged or, where his hours of work fluctuate, is engaged on average, for not less than 24 hours per week;
and for those purposes, work is work for which payment is made or which is done in expectation of payment.
2
For the purposes of paragraph (1), the number of hours in which the claimant or his partner is engaged in work shall be determined —
a
where no recognisable cycle has been established in respect of a person’s work, by reference to the number of hours or, where those hours are likely to fluctuate, the average of the hours, which he is expected to work in a week;
b
where the number of hours for which he is engaged fluctuate, by reference to the average of hours worked over —
i
if there is a recognisable cycle of work, and sub-paragraph (c) does not apply, the period of one complete cycle (including, where the cycle involves periods in which the person does not work, those periods but disregarding any other absences);
ii
in any other case, the period of five weeks immediately before the date of claim or the date of review, or such other length of time as may, in the particular case, enable the person’s average hours of work to be determined more accurately;
c
where the person works at a school or other educational establishment or at some other place of employment and the cycle of work consists of one year but with school holidays or similar vacations during which he does no work, by disregarding those periods and any other periods in which he is not required to work.
3
In determining in accordance with this regulation the number of hours for which a person is engaged in remunerative work —
a
that number shall include any time allowed to that person by his employer for a meal or for refreshments, but only where the person is, or expects to be, paid earnings in respect of that time;
b
no account shall be taken of any hours in which the person is engaged in an employment or scheme to which any one of paragraphs (a) to (h) of regulation 53 (person treated as not engaged in remunerative work) applies;
c
no account shall be taken of any hours in which the person is engaged otherwise than in an employment as an earner in caring for —
i
a person who is in receipt of attendance allowance under section 64 of the Benefits Act or the care component of disability living allowance at the highest or middle rate; or
ii
a person who has claimed an attendance allowance to which section 64 of the Benefits Act applies or a disability living allowance, but only for the period beginning with the date of claim and ending on the date the claim is determined or, if earlier, on the expiration of the period of 26 weeks from the date of claim; or (iii) another person is in receipt of an invalid care allowance under Section 70 of the Benefits Act.
4
In the case of a person to whom regulation 22 of the Income Support (General) Amendment No.4 Regulations 1991 would have applied had he been entitled to income support and not a jobseeker’s allowance, paragraph (1)(a) shall have effect as if for the reference to 16 hours there was substituted a reference to 24 hours.
5
In determining for the purposes of paragraph (4) whether regulation 22 of the 1991 Regulations applies, regulations 23 and 24 of those Regulations shall have effect as if the references to income support included also a reference to income-based jobseeker’s allowance.
Persons treated as engaged in remunerative work
52
1
Except in the case of a person on maternity leave or absent from work through illness, a person shall be treated as engaged in remunerative work during any period for which he is absent from work referred to in regulation 51(1) (remunerative work) where the absence is either without good cause or by reason of a recognised, customary or other holiday.
2
For the purposes of an income-based jobseeker’s allowance, the partner of a claimant shall be treated as engaged in remunerative work where —
a
the partner is or was involved in a trade dispute; and
b
had the partner claimed a jobseeker’s allowance, section 14 (trade disputes) would have applied in his case; and
c
the claimant was not entitled to an income-based jobseeker’s allowance when the partner became involved in the trade dispute;
and shall be so treated for a period of 7 days beginning on the date the stoppage of work at the partner’s place of employment commenced, or if there was no stoppage of work, the date on which the partner first withdrew his labour in furtherance of the trade dispute.
3
A person who was, or was treated as being, engaged in remunerative work and in respect of that work earnings to which regulation 98(1)(b) and (d) (earnings of employed earners) applies are paid, shall be treated as engaged in remunerative work for the period for which those earnings are taken into account in accordance with Part VIII.
Persons treated as not engaged in remunerative work
53
A person shall be treated as not engaged in remunerative work in so far as —
a
he is engaged by a charity or a voluntary organisation or is a volunteer where the only payment received by him or due to be paid to him is a payment which is to be disregarded under regulation 103(2) and paragraph 2 of Schedule 7 (sums to be disregarded in the calculation of income other than earnings);
b
he is engaged on a scheme for which a training allowance is being paid;
c
he is in employment and–
i
lives in, or is temporarily absent from, a residential care home, a nursing home or residential accommodation, and either
ii
his, or his partner's, applicable amount falls to be calculated in accordance with Schedule 4 (applicable amounts of persons in residential care or nursing homes), or, as the case may be, paragraphs 5 to 9 or 15 to 17 of Schedule 5 (applicable amounts in special cases), or
iii
he or his partner satisfies the conditions specified in paragraph 3(2) of Part I of Schedule 1 (conditions of entitlement to a residential allowance);
d
he is engaged in employment as–
i
a part-time member of a fire brigade maintained in pursuance of the Fire Services Acts 1947 to 1959 ;
ii
an auxiliary coastguard in respect of coastal rescue activities;
iii
a person engaged part-time in the manning or launching of a lifeboat;
iv
a member of any territorial or reserve force prescribed in Part I of Schedule 3 to the Social Security (Contributions) Regulations 1979 ;
e
he is performing his duties as a councillor, and for this purpose “councillor” has the same meaning as in section 171F(2) of the Benefits Act ;
f
he is engaged in caring for a person who is accommodated with him by virtue of arrangements made under any of the provisions referred to in paragraph 27 or 28 of Schedule 7 (sums to be disregarded in the calculation of income other than earnings), and is in receipt of any payment specified in that paragraph;
g
he is–
i
the partner of the claimant; and
ii
involved in a trade dispute; and (iii) not a person to whom regulation 52(2) applies,
and had he claimed a jobseeker’s allowance, section 14 (trade disputes) would have applied in his case;
h
he is mentally or physically disabled, and by reason of that disability–
i
his earnings are reduced to 75 per cent. or less of what a person without that disability and working the same number of hours would reasonably be expected to earn in that employment or in comparable employment in the area; or
ii
his number of hours work are 75 per cent. or less of what a person without that disability would reasonably be expected to undertake in that employment or in comparable employment in the area.
Relevant education
54
1
Only full-time education which is undertaken by a child or young person and which is not a course of advanced education shall be treated as relevant education for the purposes of the Act.
2
A child or young person who is receiving full-time education for the purposes of section 142 of the Benefits Act (meaning of child) or who is treated as a child for the purposes of that section shall be treated as receiving full-time education.
3
A young person who–
a
is a part-time student; and
b
before he became a part-time student fulfilled the requirements specified for a person falling within paragraph (2) of regulation 11 (part-time students); and
c
is undertaking a course of study, other than a course of advanced education or a course of study of a kind specified in head (i), (ii) or (iii) of the definition of “full-time student” in regulation 1(3),
shall not be treated as receiving relevant education.
4
A young person to whom paragraph (3) applied and who has completed or terminated his course of part-time study shall not be treated as receiving relevant education.
Short periods of sickness
55
1
Subject to the following provisions of this regulation, a person who–
a
satisfies the requirements for entitlement to a jobseeker’s allowance or satisfies those requirements other than those specified in section 1(2)(a) or (c) or is a person to whom any of the circumstances mentioned in section 19(5) or (6) apply; and
b
proves to the satisfaction of the adjudication officer that he is unable to work on account of some specific disease or disablement; and
c
but for his disease or disablement, satisfies the requirements for entitlement to a jobseeker’s allowance other than those specified in section 1(2)(a), (c) and (f) (available for and actively seeking employment, and capable of work),
shall be treated for a period of not more than 2 weeks as capable of work, except where the claimant states in writing that for the period of his disease or disablement he proposes to claim or has claimed incapacity benefit, severe disablement allowance or income support.
2
The evidence which is required for the purposes of paragraph (1)(b) is a declaration made by the claimant in writing, in a form approved for the purposes by the Secretary of State, that he has been unfit for work from a date or for a period specified in the declaration.
3
The preceding provisions of this regulation shall not apply to a claimant on more than two occasions in any one jobseeking period or where a jobseeking period exceeds 12 months, in each successive 12 months within that period and for the purposes of calculating any period of 12 months, the first 12 months in the jobseeking period commences on the first day of the jobseeking period.
4
The preceding provisions of this regulation shall not apply to any person where the first day in respect of which he is unable to work falls within 8 weeks of —
a
an entitlement of his to incapacity benefit, severe disablement allowance or statutory sick pay; or
b
an entitlement to income support where the person claiming a jobseeker’s allowance satisfied the requirements for a disability premium by virtue of paragraph 12(1)(b) of Schedule 2 to the Income Support Regulations.
Prescribed amount of earnings
56
1
The prescribed amount of earnings for the purposes of section 2(1)(c) (the contribution-based conditions) shall be calculated by applying the formula —
( A + D ) - £ 0.01
where —
A is the age-related amount applicable to the claimant in accordance with section 4(2); and
D is any amount disregarded from the claimant’s earnings in accordance with regulation 99(2) (calculation of net earnings of employed earners) or regulation 101(2) (calculation of net profit of self-employed earners) and Schedule 6.
2
For the avoidance of doubt in calculating the amount of earnings in accordance with paragraph (1), only the claimant’s earnings shall be taken into account.
PART IV
YOUNG PERSONS
Interpretation of Part IV
57
1
In this Part–
“the Careers Service” means a person of any description with whom the Secretary of State has made an arrangement under section 10(1) of the Employment and Training Act 1973 and any person to whom he has given a direction under section 10(2) of that Act;
“child benefit extension period” means
in the case of a person who ceases to be treated as a child by virtue of section 142(1)(a) of the Benefits Act (meaning of child) or regulation 7 of the Child Benefit (General) Regulations 1976 (circumstances in which a person who has ceased to receive full-time education is to continue to be treated as a child)
on or after the first Monday in September, but before the first Monday in January of the following year, the period ending with the last day of the week which falls immediately before the week which includes the first Monday in January in that year;
on or after the first Monday in January but before the Monday following Easter Monday in that year, the period ending with the last day of the week which falls 12 weeks after the week which includes the first Monday in January in that year;
at any other time of the year, the period ending with the last day of the week which falls 12 weeks after the week which includes the Monday following Easter Monday in that year;
in the case of a person who was not treated as a child by virtue of section 142(1)(a) of the Benefits Act immediately before he was 16 and who has not been treated as a child by virtue of Regulation 7 of the Child Benefit (General) Regulations 1976 (interruption of full-time education), the period ending with the date determined in accordance with sub-paragraph (i), (ii) or (iii) of paragraph (a) as if he had ceased full-time education on the first date on which education ceased to be compulsory for a person of his age in England and Wales or, if he is resident in Scotland, in Scotland;
and in this sub-paragraph “week” means a period of 7 days beginning with a Monday and “year” means a period of 12 months beginning on 1st January;
“chronically sick or mentally or physically disabled” has the same meaning as in regulation 13(3)(b) of the Income Support Regulations (circumstances in which persons in relevant education may be entitled to income support);
“full-time education” has the same meaning as in regulation 1 of the Child Benefit (General) Regulations 1976 ;
“suitable training” means training which is suitable for that young person in vocationally relevant respects, namely his personal capacity, aptitude, his preference, the preference of the training provider, the level of approved qualification aimed at, duration of the training, proximity and prompt availability of the training;
“training” in sections 3, 16 and 17 and in this Part except in regulation 65 read with section 7 and except in the phrase
“suitable training”, means training for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible provided in England and Wales, directly or indirectly by a Training and Enterprise Council pursuant to its arrangement with the Secretary of State (whether that arrangement is known as an Operating Agreement or by any other name) and, in Scotland, directly or indirectly by a Local Enterprise Company pursuant to its arrangement with, as the case may be, Scottish Enterprise or Highlands and Islands Enterprise (whether that arrangement is known as an Operating Contract or by any other name);
“treatment” means treatment for a disease or bodily or mental disablement by or under the supervision of a person qualified to provide medical treatment, physiotherapy or a form of treatment which is similar to, or related to, either of those forms of treatment;
“young person” means a person who has reached the age of 16 but not the age of 18 and who does not satisfy the conditions in section 2.
2
A young person falls within this paragraph if he is
a
a member of a married couple where the other member of that couple
i
has reached the age of 18 or
ii
is a young person who has registered for employment and training in accordance with regulation 62 or
iii
is a young person to whom paragraph (4) applies;
b
a person who has no parent nor any person acting in the place of his parents;
c
a person who–
i
is not living with his parents nor any person acting in the place of his parents; and
ii
immediately before he attained the age of 16 was
aa
being looked after by a local authority pursuant to a relevant enactment which placed him with some person other than a close relative of his or
bb
in custody in any institution to which the Prison Act 1952 applies or under the Criminal Procedure (Scotland) Act 1975 ;
d
a person who is in accommodation which is other than his parental home and which is other than the home of a person acting in the place of his parents, who entered that accommodation —
i
as part of a programme of rehabilitation or resettlement, that programme being under the supervision of the probation service or a local authority; or
ii
in order to avoid physical or sexual abuse; or
iii
because of a mental or physical handicap or illness and he needs such accommodation because of his handicap or illness;
e
a person who is living away from his parents and any person who is acting in the place of his parents in a case where his parents are or, as the case may be, that person is, unable financially to support him and his parents are, or that person is —
i
chronically sick or mentally or physically disabled; or
ii
detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court; or
iii
prohibited from entering or re-entering Great Britain;
f
a person who of necessity has to live away from his parents and any person acting in the place of his parents because —
i
he is estranged from his parents and that person; or
ii
he is in physical or moral danger; or
iii
there is a serious risk to his physical or mental health.
3
In this regulation any reference to a person acting in the place of a person’s parents includes a reference —
a
except in a case to which sub-paragraph (b) applies, to any person with parental responsibility for the child, and for this purpose “parental responsibility” bears the meaning it has in the Children Act 1989 by virtue of section 3 of that Act; or
b
where the person is being looked after by a local authority or voluntary organisation which places him with a family, a relative of his, or some other suitable person, the person with whom the person is placed, whether or not any payment is made to him in connection with the placement.
4
This paragraph applies to
a
a person who falls under any of the following paragraphs of Schedule 1B to the Income Support Regulations
Paragraph 1 (lone parents) Paragraph 2 (single person looking after foster children) Paragraph 3 (persons temporarily looking after another person) Paragraph 4 (persons caring for another person) Paragraph 10 (disabled students) Paragraph 11 Paragraph 12 Paragraph 13 (blind persons) Paragraph 14 (pregnancy) Paragraph 15 (persons in education) Paragraph 18 (refugees) Paragraph 21 (persons from abroad) Paragraph 23 (member of couple looking after children while other member temporarily abroad) Paragraph 28 (persons in receipt of a training allowance);
b
a person who is a member of a couple and is treated as responsible for a child who is a member of his household;
c
a person who is laid off or kept on short-time, who is available for employment in accordance with section 6 and Chapter II of Part II read with regulation 64 and who has not been laid off or kept on short-time for more than 13 weeks;
d
a person who is temporarily absent from Great Britain because he is taking a member of his family who is a child or young person abroad for treatment, and who is treated as being in Great Britain in accordance with regulation 50(1)(b) or whose entitlement to income support is to continue in accordance with regulation 4(3) of the Income Support Regulations and who is not claiming a jobseeker’s allowance or income support;
e
a person who is incapable of work and training by reason of some disease or bodily or mental disablement if, in the opinion of a medical practitioner, that incapacity is unlikely to end within 12 months because of the severity of that disease or disablement.
Young persons to whom section 3(1)(f)(iii) applies
58
For the period specified in relation to him, a young person to whom regulation 59, 60 or 61 applies shall be regarded as a person within prescribed circumstances for the purposes of section 3(1)(f)(iii) of the Act (conditions of entitlement for certain persons under the age of 18).
Young persons in the child benefit extension period
59
1
For the period specified in paragraph (2), this regulation applies to a young person who falls within paragraph (2) of regulation 57.
2
The period in the case of any person falling within paragraph (1) is the child benefit extension period, except where regulation 61(1)(d) or (e) applies.
Young persons at the end of the child benefit extension period
60
1
For the period specified in relation to him in paragraph (2), this regulation applies to a young person who is —
a
a person who has ceased to live in accommodation provided for him by a local authority under Part III of the Children Act 1989 (local authority support for children and families) and is of necessity living away from his parents and any person acting in place of his parents;
b
a person who has been discharged from any institution to which the Prison Act 1952 applies or from custody under the Criminal Procedure (Scotland) Act 1975 after the child benefit extension period and who is a person falling within paragraph (2) of regulation 57.
2
a
Except where regulation 61(1)(d) or (e) applies, the period in the case of a person falling within paragraph (1)(a) is the period which begins on the day on which that paragraph first applies to that person and ends on the day before the day on which that person attains the age of 18 or the day at the end of a period of 8 weeks immediately following the day on which paragraph (1)(a) first had effect in relation to him, whichever is the earlier; and this period may include any week in which regulation 7 of the Child Benefit (General) Regulations 1976 (circumstances in which a person who has ceased to receive full-time education is to continue to be treated as a child) also applies to that person;
b
except where regulation 61(1)(d) or (e) applies, the period in the case of any person falling within paragraph (1)(b) is the period beginning on the day after he was discharged, and ends on the last day of the period of 8 weeks beginning with the date on which the period began or on the day before the date on which that person attains the age of 18, whichever first occurs.
3
In this regulation, “week” means any period of 7 consecutive days.
Other young persons in prescribed circumstances
61
1
For the period specified in relation to him in paragraph (2), this regulation applies to a young person —
a
who is a person who is laid off or kept on short-time and is available for employment in accordance with section 6 and Chapter II of Part II read with regulation 64;
b
who is a member of a couple and is treated as responsible for a child who is a member of his household;
c
who falls within a prescribed category of persons for the purposes of section 124(1)(e) of the Benefits Act and who is not claiming income support;
d
to whom section 3(1)(f)(ii) does not apply, who is a person falling within paragraph (2) of regulation 57, sub-paragraph (a) or (b) of paragraph (1) of regulation 60 or sub-paragraph (b) or (c) and who is unable to register with the Careers Service because of an emergency affecting the Careers Service and registers with the Employment Service in accordance with regulation 62(2);
e
to whom section 3(1)(f)(ii) does not apply, who is a person falling within paragraph (2) of regulation 57, sub-paragraph (a) or (b) of paragraph (1) of regulation 60 or sub-paragraph (b) or (c) and who would suffer hardship because of the extra time it would take him to register with the Careers Service and registers with the Employment Service in accordance with regulation 62(3);
f
who has accepted a firm offer of enlistment by one of the armed forces with a starting date not more than 8 weeks after the offer was made who was not in employment or training at the time of that offer and whose jobseeker’s allowance has never been reduced in accordance with regulation 63 or section 19(5)(b) or (c) or section 19(6)(c) or (d) read with regulation 68 or rendered not payable in accordance with section 19(6)(a) or (b) read with Part V.
2
a
The period in the case of any person falling within paragraph (1)(a) is the period starting with the date on which he was laid off or first kept on short-time and ending on the date on which he ceases to be laid off or kept on short-time or the day before the day he attains the age of 18 or at the expiry of the 13 week period starting with the date of the lay off, or date he was first kept on short-time, whichever first occurs;
b
except where paragraph (1)(d) or (e) applies, the period in the case of any person falling within paragraph (1)(b) or (c) is the period until the day before that person attains the age of 18 or until paragraph (1)(b) or (c) ceases to apply, whichever first occurs;
c
the period in the case of any person falling within paragraph (1)(d) is the period starting with the date of registration with the Employment Service and ending on the day on which the person is next due to attend in accordance with regulation 23 or on the date on which the period calculated in accordance with regulation 59(2) or 60(2) or sub-paragraph (b) would have expired, whichever first occurs;
d
the period in the case of any person falling within paragraph (1)(e) is the period starting on the date of registration with the Employment Service and ending five days after that date or on the day after the day on which he registered with the Careers Service, or on the date on which the period calculated in accordance with regulation 59(2) or 60(2) or sub-paragraph (b) would have expired, whichever first occurs;
e
the period in the case of any person falling within paragraph (1)(f) is the period starting with the date of claim and ending with the day before the day on which he is due to enlist or the day before he attains the age of 18, whichever first occurs.
3
In this regulation “week” means a period of 7 consecutive days.
Registration
62
1
Except in the circumstances set out in paragraphs (2) and (3) a young person to whom section 3(1)(f)(ii) or (iii) applies other than one falling within regulation 61(1)(a) or (f), must register with the Careers Service for both employment and training.
2
A young person who is unable to register with the Careers Service because of an emergency affecting the Careers Service such as a strike or fire must register with the Employment Service for both employment and training.
3
A young person who would suffer hardship because of the extra time it would take him to register with the Careers Service must register with the Employment Service for both employment and training.
Reduced payments under section 17
63
1
Except as provided in paragraph (3), the amount of an income-based jobseeker’s allowance which would otherwise be payable to a young person shall be reduced by a sum equal to 40% of the amount applicable in his case by way of a personal allowance determined in accordance with paragraph 1 of Schedule 1 for the period set out in paragraph (2) if
a
he was previously entitled to an income-based jobseeker’s allowance and that entitlement ceased by virtue of the revocation of a direction under section 16 because he had failed to pursue an opportunity of obtaining training or rejected an offer of training;
b
his allowance has at any time in the past been reduced in accordance with this regulation or in accordance with regulation 68 because he has done an act or omission falling within section 19(5)(b) or (c) or rendered not payable in accordance with section 19(6)(a) or (b) read with Part V and he has —
i
failed to pursue an opportunity of obtaining training without showing good cause for doing so,
ii
rejected an offer of training without showing good cause for doing so or
iii
failed to complete a course of training and no certificate has been issued to him under subsection (4) of section 17 with respect to that failure;
c
he has–
i
done an act or omission falling within section 16(3)(b)(i) or (ii) and has not shown good cause for doing so or done an act or omission falling within section 19(5)(b)(i), (ii) or (iv) without good cause or done an act or omission falling within section 19(5)(b)(i), (ii), or (iv) for which he was regarded as having good cause in accordance with regulation 67(1) and
ii
after that act or omission failed to complete a course of training and no certificate has been issued to him under subsection (4) of section 17 with respect to that failure
and at the time he did the act or omission falling within sub-paragraph (i) he was a new jobseeker;
d
he has–
i
failed to complete a course of training and no certificate has been issued to him under subsection (4) of section 17 with respect to that failure or done an act or omission falling within section 19(5)(b)(iii) without good cause or done an act or omission falling within section 19(5)(b)(iii) for which he was regarded as having good cause in accordance with regulation 67(1) and
ii
after that failure he has failed to complete a course of training and no certificate has been issued to him under subsection (4) of section 17 with respect to that failure and on the day before the day he first attended the course referred to in sub-paragraph (i) he was a new jobseeker; or
e
he has failed to complete a course of training and no certificate has been issued to him under subsection (4) of section 17 with respect to that failure and on the day before he first attended the course he was not a new jobseeker; or
f
he has failed to complete a course of training and no certificate has been issued to him under subsection (4) of section 17 with respect to that failure and he lost his place on the course through his misconduct.
2
The period shall start with the date on which the first severe hardship direction is made under section 16 after the act or acts referred to in paragraph (a), (b), (c), (d), (e) or (f) of paragraph (1) have taken place and shall end fourteen days later.
3
In the case of a young person who is pregnant or seriously ill who does an act falling within sub-paragraphs (a) — (f) of paragraph (1), the reduction shall be of 20% of the amount applicable in his case by way of a personal allowance.
4
For the purposes of this regulation, “new jobseeker” means a young person who has not since first leaving full-time education been employed or self-employed for 16 or more hours per week or completed a course of training or failed to complete a course of training and no certificate has been issued to him to show good cause for that failure under subsection (4) of section 17 or done an act or omission falling within section 19(5)(b)(iii) without good cause or done an act or omission falling within section 19(5)(c).
5
A reduction under paragraph (1) or (3) shall, if it is not a multiple of 5p, be rounded to the nearest such multiple or, if it is a multiple of 2.5p but not of 5p, to the next lower multiple of 5p.
Availability for employment
64
1
A young person is required to be available for employment in accordance with section 6 and Chapter II of Part II except as provided in paragraphs (2) and (3).
2
A young person whose jobseeker’s allowance has not been reduced in accordance with regulation 63 or in accordance with regulation 68 because he has done an act or omission falling within section 19(5)(b) or (c) or section 19(6)(c) or (d) or rendered not payable in accordance with section 19(6)(a) or (b) read with Part V and who does not fall within regulation 61(1)(a) or (f) may restrict his availability for employment to employment where suitable training is provided by the employer.
3
A young person who places restrictions on the nature of employment for which he is available as permitted by paragraph (2) does not have to show that he has reasonable prospects of securing employment notwithstanding those restrictions.
Active seeking
65
1
Subject to the following paragraphs, Section 7 and Chapter III of Part II shall have effect in relation to a young person as if “employment” included “training”.
2
Subject to paragraphs (4) and (5), in order to have the best prospects of securing employment or training a young person can be expected to have to take more than one step on one occasion in any week unless taking one step on one occasion is all that it is reasonable for that person to do in that week, and unless it is reasonable for him to take only one step on one occasion, he can be expected to have to take at least one step to seek training and one step to seek employment in that week.
3
Subject to paragraph (4), steps which it is reasonable for a young person to be expected to have to take include, in addition to those set out in regulation 18(2) —
a
seeking training and
b
seeking full-time education.
4
Paragraphs (1), (2) and (3) do not apply to a young person falling within regulation 61(1)(a) or (f).
5
Paragraphs (1) and (2) do not apply to a young person who has had his jobseeker’s allowance reduced in accordance with regulation 63 or regulation 68 because he has done an act or omission falling within section 19(5)(b) or (c) or Section 19(6)(c) or (d) or rendered not payable in accordance with section 19(6)(a) or (b) read with Part V but paragraph (3) does apply to such a young person.
6
“Training” in section 7 and in this regulation means suitable training.
The jobseeker’s agreement
66
1
In a jobseeker’s agreement with a young person, other than one falling within regulation 61(1)(a) or (f), the following information is required in addition to that prescribed in chapter V of Part II: a broad description of the circumstances in which the amount of the person’s benefit may be reduced in accordance with section 17 and regulation 63, or may be rendered not payable in accordance with section 19 read with Part V or may be payable at a reduced rate in accordance with sections 19 and 20 and regulation 68.
2
A young person is to be treated as having entered into a jobseeker’s agreement and as having satisfied the condition mentioned in section 1(2)(b) as long as the circumstances set out in regulation 61(2) or 61(3) apply.
Sanctions
67
1
Without prejudice to any other circumstances in which a person may be regarded as having good cause for any act or omission for the purposes of section 19(5)(b), and in addition to the circumstances listed in regulation 73, a young person is to be regarded as having good cause for any act or omission for the purposes of section 19(5)(b) where
a
this is the first occasion on which he has done an act or omission falling within section 19(5)(b) and he has not while claiming a jobseekers allowance failed to pursue an opportunity of obtaining training without good cause or rejected an offer of training without good cause or failed to complete a course of training and no certificate has been issued to him under subsection (4) of section 17 with respect to that training; and
b
at the time he did the act or omission falling within section 19(5)(b)(i), (ii) or (iv) he was not a new jobseeker or, in the case of an act or omission falling within section 19(5)(b)(iii), at the time he first attended the scheme or programme he was not a new jobseeker.
2
Without prejudice to any other circumstances in which a person may be regarded as having good cause for any act or omission for the purposes of section 19(6)(c) or (d), a young person is to be regarded as having good cause for any act or omission for the purposes of section 19(6)(c) or (d) where the employer did not offer suitable training unless he falls within regulation 61(1)(a) or (f) or his jobseeker’s allowance has been reduced in accordance with regulation 63 or in accordance with regulation 68 because he has done an act or omission falling within section 19(5)(b) or (c) or section 19(6)(c) or (d) or rendered not payable in accordance with section 19(6)(a) or (b) read with Part V.
3
For the purposes of this regulation, “new jobseeker” means a young person who has not since first leaving full-time education been employed or self-employed for 16 or more hours per week or completed a course of training or failed to complete a course of training and no certificate has been issued to him to show good cause for that failure under subsection (4) of section 17 or done an act or omission falling within section 19(5)(b)(iii) without good cause or done an act or omission falling within section 19(5)(c).
Reduced amount of allowance
68
1
Subject to paragraphs (2) and (4), the amount of an income-based jobseeker’s allowance which would otherwise be payable to a young person shall be reduced by a sum equal to 40% of the amount applicable in his case by way of a personal allowance determined in accordance with paragraph 1 of Schedule 1 for a period of two weeks from the beginning of the first week after the adjudication officer’s decision where the young person has done any act or omission falling within section 19(5) or within 19(6)(c) or (d), unless the young person reaches the age of 18 before that two week period expires, in which case the allowance shall be payable at the full rate applicable in his case from the date he reaches the age of 18.
2
Subject to paragraph (4), in a case where the young person or any member of his family is pregnant or seriously ill the amount of an income-based jobseeker’s allowance which would otherwise be payable to the young person shall be reduced by a sum equal to 20% of the amount applicable in his case by way of a personal allowance determined in accordance with paragraph 1 of Schedule 1 for a period of two weeks from the beginning of the first week after the adjudication officer’s decision where the young person has done any act or omission falling within section 19(5) or within 19(6)(c) or (d), unless the young person reaches the age of 18 before that two week period expires, in which case the allowance shall be payable at the full rate applicable in his case from the date he reaches the age of 18.
3
A reduction under paragraph (1) or (2) shall, if it is not a multiple of 5p, be rounded to the nearest such multiple or if it is a multiple of 2.5p but not of 5p, to the next lower multiple of 5p.
4
If a young person’s claim for an income-based jobseeker’s allowance is terminated before the expiry of the period determined in accordance with paragraphs (1) and (2), and he makes a fresh claim for the allowance, it shall be payable to him at the reduced rate determined in accordance with paragraph (1) or (2) for the balance of the time remaining of that two weeks, unless the young person reaches the age of 18 before that two week period expires, in which case the allowance shall be payable at the full rate applicable in his case from the date he reaches the age of 18.
5
An income-based jobseeker’s allowance shall be payable to a young person at the full rate applicable in his case after the expiry of the two week period referred to in paragraphs (1) and (2).
PART V
SANCTIONS
Prescribed period for purposes of Section 19(2)
69
The prescribed period for the purposes of section 19(2) shall begin on the first day of the week following the date on which a jobseeker’s allowance is determined not to be payable to the claimant and shall be —
a
4 weeks, in any case in which
i
a jobseeker’s allowance is determined not to be payable to the claimant in circumstances falling within section 19(5), and
ii
on a previous occasion the jobseeker’s allowance was determined not to be payable to him in circumstances falling within that subsection, and
iii
the first date on which the jobseeker’s allowance was not payable to him on that previous occasion falls within the period of 12 months preceding the date of the determination mentioned in (i) above;
b
2 weeks, in any other case.
Sanctions of discretionary length
70
In determining a period under section 19(3) an adjudication officer shall take into account all the circumstances of the case and, in particular, the following circumstances —
a
where the employment would have lasted less than 26 weeks, the length of time which it was likely to have lasted;
b
in a case falling within section 19(6)(a) in which the employer has indicated an intention to re-engage the claimant, the date when he is to be re-engaged;
c
where the claimant has left his employment voluntarily and the hours of work in that employment were 16 hours or less a week, the rate of pay and hours of work in the employment which he left; and
d
where the claimant left his employment voluntarily or has neglected to avail himself of a reasonable opportunity of employment, any mitigating circumstances of physical or mental stress connected with his employment.
Voluntary Redundancy
71
1
A claimant is to be treated as not having left his employment voluntarily–
a
where he has been dismissed by his employer by reason of redundancy after volunteering or agreeing to be so dismissed, or
b
where he has left his employment on a date agreed with his employer without being dismissed, in pursuance of an agreement relating to voluntary redundancy.
2
In paragraph (1) “redundancy” means one of the facts set out in paragraphs (a) and (b) of section 81(2) of the Employment Protection (Consolidation) Act 1978 .
Good Cause for the purposes of section 19(5)(a) and (6)(c) and (d)
72
1
This regulation shall have effect for the purposes of section 19 (circumstances in which a jobseeker’s allowance is not payable).
2
Subject to paragraph (3), in determining whether a person has good cause for any act or omission for the purposes of section 19(5)(a) and (6)(c) and (d) the matters which are to be taken into account shall include the following —
a
any restrictions on availability which apply in the claimant’s case in accordance with regulations 6, 7, 8 and 13, having regard to the extent of any disparity between those restrictions and the requirements of the vacancy in question;
b
any condition or personal circumstance of that person which indicates that a particular employment or carrying out the jobseeker’s direction would be likely to or did —
i
cause significant harm to his health; or
ii
subject him to excessive physical or mental stress;
c
the fact that the failure to undertake a particular employment or to carry out the jobseeker’s direction resulted from a religious or conscientious objection sincerely held;
d
any caring responsibilities which would, or did, make it unreasonable for the person to undertake a particular employment or carry out the jobseeker’s direction;
e
the time it took, or would normally take, for the person to travel from his home to the place of the employment or to a place mentioned in the jobseeker’s direction and back to his home by a route and means appropriate to his circumstances and to the employment or to the carrying out of the jobseeker’s direction;
f
the expenses which were, or would be, necessarily and exclusively incurred by the person for the purposes of the employment or of carrying out the jobseeker’s direction, together with any expenses of travelling to and from the place of the employment or a place mentioned in the jobseeker’s direction by a route and means appropriate to his circumstances, if those expenses did, or would, represent an unreasonably high proportion of —
i
in the case of employment, the remuneration which it is reasonable to expect that he would derive from that employment; or
ii
in any other case, the income which he received, or would receive, while carrying out the jobseeker’s direction.
3
For the purposes of paragraph (2)(f), in considering whether expenses did, or would, represent an unreasonably high proportion of remuneration or income, the principle shall apply that the greater the level of remuneration or income the higher the proportion thereof which it is reasonable should be represented by expenses.
4
Where a person has undergone training for a particular kind of employment for a period of not less than 2 months, he is to be regarded for a period of 4 weeks beginning with the day on which the training ends as having good cause for any act or omission for the purposes of section 19(5)(a) and (6)(c) and (d), for —
a
refusing or failing to apply for, or refusing to accept, employment of any other kind when offered to him;
b
neglecting to avail himself of a reasonable opportunity of employment of any other kind;
c
refusing or failing to carry out a jobseeker’s direction given to him with a view to assisting him to find employment of any other kind.
5
A person is to be regarded as having good cause for any act or omission for the purposes of section 19(5)(a) and (6)(c) and (d) if, and to the extent that, the reason for that act or omission —
a
results from restrictions on availability which apply in the claimant’s case for the period permitted in accordance with regulations 16 and 17;
b
results from the fact that the claimant is, in accordance with regulation 5(1) to (3) and (5), excepted from any requirement to be able to take up employment immediately, or is, in accordance with regulation 5(4), excepted from any requirement to be able to take up employment at a time when he is not available;
c
in a case falling within section 19(6)(c) or (d), results from the fact that–
i
where it has been agreed that the claimant may restrict his hours of availability to less than 24 hours, the employment in question is for less than 16 hours, or
ii
in a case not falling within (i), the employment is for less than 24 hours.
6
Subject to paragraphs (8) and (9), a person is not to be regarded as having good cause for any act or omission for the purposes of section 19(5)(a) and (6)(c) and (d) if, and to the extent that, the reason for that act or omission relates to —
a
subject to paragraph (7), his income or outgoings or the income or outgoings of any other member of his household, or the income or outgoings which he or any other member of his household would have if he were to become employed or to carry out the jobseeker’s direction, or did have whilst carrying out the jobseeker’s direction, but for the purposes of this sub-paragraph a person’s outgoings shall not include any expenses taken into account under paragraph (2)(f);
b
the time it took, or would normally take, for the person to travel from his home to the place of the employment, or a place mentioned in the jobseeker’s direction, and back to his home where that time was or is normally less than one hour either way by a route and means appropriate to his circumstances and to the employment, or to the carrying out of the jobseeker’s direction, unless, in view of the health of the person or any caring responsibilities of his, that time was or is unreasonable.
7
Paragraph (6)(a) shall not apply–
a
where the claimant has agreed a restriction on the level of remuneration he was prepared to accept under regulations 13(3) and 16; or
b
the employment is remunerated only by commission.
8
A person shall be regarded for the purposes of section 19(6)(d) as having good cause for neglecting to avail himself of an opportunity of employment unless the situation is a qualifying former employment of that person.
9
For the purposes of paragraph (8) a situation is a qualifying former employment of any person if —
a
it is employment with an employer for whom he has previously worked or with an employer who has succeeded that employer; and
b
not more than 12 months have elapsed between–
i
the date when he last worked for that employer and
ii
the date when the question under section 19(6)(d) arose or, as the case may be, arises, and
c
the terms and conditions of employment in the situation are not less favourable than those in the situation which he held when he last worked for that employer.
Good Cause for the purposes of section 19(5)(b)
73
1
This regulation shall have effect for the purposes of section 19 (circumstances in which a jobseeker’s allowance is not payable).
2
Without prejudice to any other circumstances in which a person may be regarded as having good cause for any act or omission for the purposes of section 19(5)(b), a person is to be regarded as having good cause for any act or omission for those purposes if, and to the extent that, the act or omission is attributable to any of the following circumstances —
a
the claimant in question was suffering from some disease or bodily or mental disablement on account of which —
i
he was not able to attend the relevant training scheme or employment programme in question;
ii
his attendance would have put at risk his health; or
iii
his attendance would have put at risk the health of other persons;
b
the claimant’s failure to participate in the training scheme or employment programme resulted from a religious or conscientious objection sincerely held;
c
the time it took, or would normally have taken, for the claimant to travel from his home to the training scheme or employment programme and back to his home by a route and means appropriate to his circumstances and to the scheme or programme exceeded, or would normally have exceeded, one hour in either direction or, where no appropriate training scheme or employment programme is available within one hour of his home, such greater time as is necessary in the particular circumstances of the nearest appropriate scheme or programme;
d
the claimant had caring responsibilities and–
i
no close relative of the person he cared for and no other member of that person’s household was available to care for him; and
ii
in the circumstances of the case it was not practical for the claimant to make other arrangements for the care of that person;
e
the claimant was attending court as a party to any proceedings, or as a witness or as a juror;
f
the claimant was arranging or attending the funeral of a close relative or close friend;
g
the claimant was engaged in–
i
the manning or launching of a lifeboat; or
ii
the performance of duty as a part-time member of a fire brigade;
h
the claimant was required to deal with some domestic emergency; or
i
the claimant was engaged during an emergency in duties for the benefit of others.
3
For the purposes of paragraph (2)(i),
a
a person is engaged in duties for the benefit of others while–
i
providing assistance to any person whose life may be endangered or who may be exposed to the risk of serious bodily injury or whose health may be seriously impaired;
ii
protecting property of substantial value from imminent risk of serious damage or destruction; or
iii
assisting in measures being taken to prevent a serious threat to the health of the people;
as a member of a group of persons organised wholly or partly for the purpose of providing such assistance or, as the case may be, protection;
b
events which may give rise to an emergency include–
i
a fire, flood or an explosion;
ii
a natural catastrophe;
iii
a railway or other transport accident;
iv
a cave or mountain accident;
v
an accident at sea;
vi
a person being reported missing and the organisation of a search for that person.
Person of prescribed description for the purpose of section 20(3)
74
1
Subject to paragraph (2), a person shall be of a prescribed description for the purposes of section 20(3) (exemption from non-payment of jobseeker’s allowance) and shall not fall within section 19(6)(b) or (d) if he has neither worked in employed earner’s employment, nor has been a self-employed earner, nor been a full-time student nor been in relevant education, during the period of 13 weeks preceding the day of the commencement of the employment.
2
For the purposes of paragraph (1), a person shall not be regarded as having–
a
worked in employed earner’s employment; or
b
been a self-employed earner; or
c
been a full-time student or been in relevant education;
by reason only of any engagement in an activity referred to in paragraph (3) or by his attendance for a period of up to 14 days at a work camp.
3
The activities referred to in this paragraph are–
a
the manning or launching of a lifeboat; or
b
the performance of duty as a part-time member of a fire brigade.
4
A trial period in section 20(3) means a period of 8 weeks beginning with the commencement of the fifth week of the employment in question and ending at the end of the twelfth week of that employment and for the purposes of this definition in determining the time at which the fifth week of the employment in question commences or at which the twelfth week of that employment ends, any week in which a person has not worked in the employment for at least 16 hours shall be disregarded.
Interpretation
75
1
For the purposes of section 19 and of this Part–
a
“an employment programme” means a programme of advice, guidance or jobsearch assistance provided in pursuance of arrangements made by the Secretary of State under section 2 of the Employment and Training Act 1973 , as amended by section 25 of the Employment Act 1988 and known as: —
i
Jobplan workshop, being a programme of up to one week to provide advice and guidance on jobs, training and employment opportunity;
ii
1-2-1, being a programme of up to 6 interviews to give advice, support and encouragement and to identify matters that are preventing a return to work;
iii
Workwise (in Scotland, Worklink), being a programme of up to 4 weeks of guidance and practical assistance in jobsearch; and
iv
Restart course, being a programme of up to 2 weeks with emphasis on jobsearch.
b
“a training scheme” means a scheme for training for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible, provided in England and Wales directly or indirectly by a Training and Enterprise Council pursuant to its arrangement with the Secretary of State (whether that arrangement is known as an Operating Agreement or by any other name) and, in Scotland, directly or indirectly by a Local Enterprise Company pursuant to its arrangement with, as the case may be, Scottish Enterprise or Highlands and Islands Enterprise (whether that arrangement is known as an Operating Contract or by any other name).
2
In section 19, except subsection (2), and in this Part, except regulation 69, “week” means any period of 7 consecutive days.
3
In section 19(2) and regulation 69, “week” means benefit week.
PART VI
MEMBERSHIP OF THE FAMILY
Persons of a prescribed description
76
1
Subject to paragraph (2), a person of a prescribed description for the purposes of the definition of “family” in section 35(1) of the Act is a person aged 16 or over but under 19 who is treated as a child for the purposes of section 142 of the Benefits Act (meaning of child), and in these Regulations, except in Part IV, such a person is referred to as a “young person”.
2
Paragraph (1) shall not apply to a person who is–
a
on a course of advanced education;
b
entitled to a jobseeker’s allowance or would, but for section 3(1)(d) of the Act (provision against dual entitlement) be so entitled; or
c
entitled to income support or would, but for section 134(2) of the Benefits Act (exclusion from benefit) be so entitled.
Circumstances in which a person is to be treated as responsible or not responsible for another
77
1
Subject to the following provisions of this regulation, a person is to be treated for the purposes of the Act as responsible for a child or young person for whom he is receiving child benefit.
2
In a case where a child (“the first child”) is in receipt of child benefit in respect of another child (“the second child”), the person treated as responsible for the first child in accordance with the provisions of this regulation shall also be treated as responsible for the second child.
3
In the case of a child or young person in respect of whom no person is receiving child benefit, the person who shall be treated as responsible for that child or young person shall be —
a
except where sub-paragraph (b) applies, the person with whom the child or young person usually lives; or
b
where only one claim for child benefit has been made in respect of the child or young person, the person who made that claim.
4
Where regulation 78(7) (circumstances in which a person is to be treated as being or not being a member of the household) applies in respect of a child or young person, that child or young person shall be treated as the responsibility of the claimant for that part of the week for which he is under that regulation treated as being a member of the claimant’s household.
5
Except where paragraph (4) applies, a child or young person shall be treated as the responsibility of only one person in any benefit week and any person other than the one treated as responsible for the child or young person under this regulation shall be treated as not so responsible.
Circumstances in which a person is to be treated as being or not being a member of the household
78
1
Subject to paragraphs (2) to (5), the claimant and any partner and, where the claimant or his partner is treated as responsible under regulation 77 (circumstances in which a person is to be treated as responsible or not responsible for another) for a child or young person, that child or young person and any child of that child or young person shall be treated for the purposes of the Act as members of the same household notwithstanding that any of them is temporarily living away from the other members of his family.
2
Paragraph (1) shall not apply to a person who is living away from the other members of his family where —
a
that person does not intend to resume living with the other members of his family; or
b
his absence from the other members of his family is likely to exceed 52 weeks, unless there are exceptional circumstances (for example the person is in hospital or otherwise has no control over the length of his absence), and the absence is unlikely to be substantially more than 52 weeks.
3
Paragraph (1) shall not apply in respect of any member of a couple or of a polygamous marriage where —
a
one, both or all of them are patients detained in a hospital provided under section 4 of the National Health Service Act 1977 (special hospitals) or section 90(1) of the Mental Health (Scotland) Act 1984 (provision of hospitals for patients requiring special security); or
b
one, both or all of them are detained in custody pending trial or sentence upon conviction or whilst serving a sentence imposed by a court; or
c
the claimant is abroad and does not satisfy the conditions of regulation 50 (persons absent from Great Britain); or
d
one of them is permanently in residential accommodation or a residential care home or a nursing home.
4
A child or young person shall not be treated as a member of the claimant’s household where he is —
a
placed with the claimant or his partner by a local authority under section 23(2)(a) of the Children Act 1989 or by a voluntary organisation under section 59(1)(a) of that Act; or
b
placed with the claimant or his partner prior to adoption; or
c
in accordance with a relevant Scottish enactment, boarded out with the claimant or his partner, whether or not with a view to adoption; or
d
placed for adoption with the claimant or his partner pursuant to a decision under the Adoption Agencies Regulations 1983 or the Adoption Agencies (Scotland) Regulations 1984 .
5
Subject to paragraphs (6) and (7), paragraph (1) shall not apply to a child or young person who is not living with the claimant and who —
a
in a case which does not fall within sub-paragraph (b), has been continuously absent from Great Britain for a period of more than four weeks commencing —
i
where he went abroad before the date of the claim for a jobseeker’s allowance, with that date;
ii
in any other case, on the day which immediately follows the day on which he went abroad; or
b
where regulation 50(4) or paragraph 11 or 13 of Schedule 5 (temporary absence abroad for the treatment of a child or young person) applies, has been continuously absent from Great Britain for a period of more than 8 weeks, that period of 8 weeks commencing —
i
where he went abroad before the date of the claim for a jobseeker’s allowance, on the date of that claim;
ii
in any other case, on the day which immediately follows the day on which he went abroad; or
c
has been an in-patient or in accommodation provided under any of the provisions referred to in any of sub-paragraphs (a) to (c) of the definition of residential accommodation in regulation 85 for a continuous period of more than 12 weeks commencing —
i
where he became an in-patient or, as the case may be, entered that accommodation before the date of the claim for a jobseeker’s allowance, with that date; or
ii
in any other case, with the date on which he became an in-patient or entered that accommodation, and, in either case, has not been in regular contact with either the claimant or any member of the claimant’s household; or
d
is being looked after by a local authority under a relevant enactment; or
e
has been placed with a person other than the claimant prior to adoption; or
f
is in the care of a local authority under a relevant Scottish enactment; or
g
has been boarded out under a relevant Scottish enactment with a person other than the claimant prior to adoption; or
h
has been placed for adoption pursuant to a decision under the Adoption Agencies Regulations 1983 or the Adoption Agencies (Scotland) Regulations 1984; or
i
is detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court.
6
In the case of a person who was entitled to income support immediately before his entitlement to a jobseeker’s allowance commenced, sub-paragraphs (a), (b) and (c) of paragraph (5) should each have effect as if head (i) was omitted.
7
A child or young person to whom any of the circumstances mentioned in sub-paragraphs (d) or (i) of paragraph (5) applies shall be treated as being a member of the claimant’s household only for that part of any benefit week where that child or young person lives with the claimant.
8
Where a child or young person for the purposes of attending the educational establishment at which he is receiving relevant education is living with the claimant or his partner and neither one is treated as responsible for that child or young person that child or young person shall be treated as being a member of the household of the person treated as responsible for him and shall not be treated as a member of the claimant’s household.
9
In this regulation–
a
“relevant enactment” means the Army Act 1955 , the Social Work (Scotland) Act 1968 , the Matrimonial Causes Act 1973 , the Adoption (Scotland) Act 1978 , the Family Law Act 1986 and the Children Act 1989 ;
b
“relevant Scottish enactment” means the Army Act 1955, the Air Force Act 1955 , the Naval Discipline Act 1957 , the Adoption Act 1958 , the Matrimonial Proceedings Children Act 1958 , the Children Act 1958 , the Social Work (Scotland) Act 1968, the Family Law Reform Act 1969 , the Children and Young Persons Act 1969 , the Matrimonial Causes Act 1973, the Guardianship Act 1973 , the Children Act 1975 , the Domestic Proceedings and Magistrates' Courts Act 1978 , the Adoption (Scotland) Act 1978, the Child Care Act 1980 , and the Foster Children Act 1980 ;
c
“voluntary organisation” has the meaning assigned to it in the Children Act 1989 or, in Scotland, the Social Work (Scotland) Act 1968.
PART VII
AMOUNTS
Weekly amounts of contribution-based jobseeker’s allowance
79
1
In the case of a contribution-based jobseeker’s allowance, the age-related amount applicable to a claimant for the purposes of section 4(1)(a) shall be —
a
in the case of a person who has not attained the age of 18, £28.85 per week;
b
in the case of a person who has attained the age of 18 but not the age of 25, £37.90 per week;
c
in the case of a person who has attained the age of 25, £47.90 per week.
2
Where the amount of any contribution-based jobseeker’s allowance would, but for this paragraph, include a fraction of one penny, that fraction shall be treated as one penny.
Deductions in respect of earnings
80
1
The deduction in respect of earnings which falls to be made in accordance with section 4(1)(b) from the amount which, apart from this regulation, would be payable by way of a contribution-based jobseeker’s allowance for any week is an amount equal to the weekly amount of the claimant’s earnings calculated in accordance with Part VIII (income and capital).
2
For the avoidance of doubt, in calculating the amount of earnings for the purposes of this regulation, only the claimant’s earnings shall be taken into account.
Payments by way of Pensions
81
1
The deduction in respect of pension payments from the amount which apart from this regulation would be payable to a claimant by way of a contribution-based jobseeker’s allowance for any week shall be a sum equal to the amount by which that payment exceeds or, as the case may be, the aggregate of those payments exceed £50 per week.
2
In determining the amount of any pension payments for the purposes of paragraph (1), there shall be disregarded —
a
where pension payments first begin to be made to a person for a period starting other than at the beginning of the first week for which they are made, the pension payments for that week; and
b
where pension payments are already in payment to a person and a change in the rate of payment takes effect in a week other than from the beginning of the week, the amount of any increase in the pension payments for that week arising from that change; and
c
any pension payments payable to him which arose in accordance with the terms of a personal pension scheme on the death of a person who was a member of that scheme.
3
Subject to the provisions of paragraph (2), where a pension payment, or an aggregate of such payments, as the case may be, is paid to a person for a period other than a week, such payments shall be treated as being made to that person by way of weekly pension payments and the weekly amount shall be determined —
a
where payment is made for a year, by dividing the total by 52;
b
where payment is made for three months, by dividing the total by 13;
c
where payment is made for a month, by multiplying the total by 12 and dividing the result by 52;
d
where payment is made for two or more months, otherwise than for a year or for three months, by dividing the total by the number of months, multiplying the result by 12 and dividing the result of that multiplication by 52; or
e
in any other case, by dividing the amount of the payment by the number of days in the period for which it is made and multiplying the result by 7.
Income-based jobseeker’s allowance
82
Regulations 83 to 87 apply in the case of an income-based jobseeker’s allowance.
Applicable amounts
83
Except in the case of a claimant to whom regulation 84 , 85 or 86 or Part X (applicable amounts in other cases and urgent cases) applies, a claimant’s weekly applicable amount shall be the aggregate of such of the following amounts as may apply in his case —
a
an amount in respect of himself or if he is a member of a couple, an amount in respect of both of them, determined in accordance with sub-paragraph (1), (2) or (3), as the case may be, of paragraph 1 of Schedule 1;
b
an amount determined in accordance with paragraph 2 of Schedule 1 in respect of any child or young person who is a member of his family, excluding a child or young person whose capital, if calculated in accordance with Part VIII in like manner as for the claimant would exceed £3,000, but including a child whose capital falls to be treated as income in accordance with regulation 106 (1) (modification in respect of children and young persons);
c
an amount in respect of himself, or where the claimant is a member of a family, an amount in respect of any member of the family aged 16 or over determined in accordance with paragraph 3 of Schedule 1 (residential allowance);
d
where he is a member of a family of which at least one member is a child or young person, an amount determined in accordance with Part II of Schedule 1 (family premium);
e
the amount of any premiums which may be applicable to him, determined in accordance with Parts III and IV of Schedule 1 (premiums); and
f
any amounts determined in accordance with Schedule 2 (housing costs) which may be applicable to him in respect of mortgage interest payments or such other housing costs as are prescribed in that Schedule.
Polygamous Marriages
84
1
Except in the case of a claimant to whom regulation 83, 85 or 86 (applicable amounts in special cases and for those in residential care and nursing homes) or Part X or paragraph (2) applies, where a claimant is a member of a polygamous marriage his weekly applicable amount shall be the aggregate of such of the following amounts as may apply in his case —
a
the highest amount applicable to him and one of his partners determined in accordance with sub-paragraph (3) of paragraph 1 of Schedule 1 as if he and that partner were a couple;
b
an amount equal to the difference between the amounts specified in sub-paragraphs (3)(d) and (1)(e) of paragraph 1 of Schedule 1 in respect of each of his other partners;
c
an amount determined in accordance with paragraph 2 of Schedule 1 (applicable amounts) in respect of any child or young person for whom he or a partner of his is responsible and who is a member of the same household except a child or young person whose capital, if calculated in accordance with Part VIII in like manner as for the claimant, would exceed £3,000, but including a child whose capital falls to be treated as income in accordance with regulation 106 (1) (modification in respect of children and young persons);
d
an amount, whether in respect of the claimant or any member of his household aged 16 or over, determined in accordance with paragraph 3 of Schedule 1 (residential allowance);
e
if he or another partner of the polygamous marriage is responsible for a child or young person who is a member of the same household, the amount specified in Part II of Schedule 1 (family premium);
f
the amount of any premiums which may be applicable to him determined in accordance with Parts III and IV of Schedule 1 (premiums); and
g
any amounts determined in accordance with Schedule 2 (housing costs) which may be applicable to him in respect of mortgage interest payments or such other housing costs as are prescribed in that Schedule.
2
In the case of a partner who is aged less than 18 the amount which applies in respect of that partner shall be Nil unless that partner —
a
is treated as responsible for a child; or
b
is a person who, had he not been a member of a polygamous marriage, would have qualified for a jobseeker’s allowance by virtue of section 3(1)(f)(ii) or section 3(1)(f)(iii) and the regulations made thereunder (jobseeker’s allowance for persons aged 16 or 17).
Special cases
85
1
In the case of a person to whom any paragraph in column (1) of Schedule 5 applies (applicable amounts in special cases) the amount included in the claimant’s weekly applicable amount in respect of him shall be the amount prescribed in the corresponding paragraph in column (2) of that Schedule but excluding an amount for a child or young person whose capital is calculated in accordance with Part VIII in like manner as for the claimant, would exceed £3,000, but including an amount for a child or young person whose capital falls to be treated as income in accordance with regulation 106 (1) (modification in respect of children and young persons).
2
Except where the amount prescribed in Schedule 5 in respect of a person to whom paragraph (1) applies includes an amount applicable under regulation 83(e) or 84(1)(f) a person to whom paragraph (1) applies shall be treated as not falling within the conditions specified in paragraph 15 of Schedule 1 (severe disability premium).
3
In Schedule 5, for the purposes of paragraphs 1, 2 and 17 (persons in residential care or nursing homes who become patients), where a person has been a patient for two or more distinct periods separated by one or more intervals each not exceeding 28 days, he shall be treated as having been a patient continuously for a period equal in duration to the total of those distinct periods.
4
In this regulation and Schedule 5–
“person from abroad” means a person, who–
has a limited leave as defined in section 33(1) of the Immigration Act 1971 (hereinafter referred to as “the 1971 Act”) to enter or remain in the United Kingdom which was given in accordance with any provision of the immigration rules (as defined in that section) which refers to there being, or to there needing to be, no recourse to public funds or to there being no charge on public funds during that limited leave; but this sub-paragraph shall not apply to a person who is a national of a Member State, a state which is a signatory to the European Convention on Social and Medical Assistance (done in Paris on 11th December 1953 ), a state which is a signatory to the Council of Europe Social Charter (signed in Turin on 18th October 1961), unless, in the case of a national of a state which is a signatory of that European Convention, he has made an application for the conditions of his leave to remain in the United Kingdom to be varied, and that application has not been determined or an appeal from that application is pending under Part II of the 1971 Act (appeals); or
having a limited leave (as defined in section 33(1) of the 1971 Act) to enter or remain in the United Kingdom, has remained without further leave under that Act beyond the time limited by the leave; or
is the subject of a deportation order being an order under section 5(1) of the 1971 Act (deportation) requiring him to leave and prohibiting him from entering the United Kingdom; or
is adjudged by the immigration authorities to be an illegal entrant (as defined in section 33(1) of the 1971 Act) who has not subsequently been given leave under that Act to enter or remain in the United Kingdom; or
has been allowed temporary admission to the United Kingdom by virtue of paragraph 21 of Schedule 2 to the 1971 Act; or
has been allowed temporary admission to the United Kingdom by the Secretary of State outside any provision of the 1971 Act; or
has not had his immigration status determined by the Secretary of State; or
is a national of a Member State and is required by the Secretary of State to leave the United Kingdom;
“person from abroad” also means a claimant who is not habitually resident in the United Kingdom, the Republic of Ireland, the Channel Islands or the Isle of Man, but for this purpose, no claimant shall be treated as not habitually resident in the United Kingdom who is —
a worker for the purposes of Council Regulation ( EEC ) No. 1612/68 or (EEC) No. 1251/70 or a person with a right to reside in the United Kingdom pursuant to Council Directive No. 68/360/EEC or No. 73/148/EEC ; or
a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 , as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967 ; or
a person who has been granted exceptional leave to remain in the United Kingdom by the Secretary of State;
“patient” means a person (other than a prisoner) who is regarded as receiving free in-patient treatment within the meaning of the Social Security (Hospital In-Patients) Regulations 1975 ;
“prisoner” means a person who —
is detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court; or
is on temporary release in accordance with the provisions of the Prison Act 1952 or the Prisons (Scotland) Act 1989 ,
other than a person whose detention is under the provisions of the Mental Health Act 1983 or the Mental Health (Scotland) Act 1984 ;
“residential accommodation” means, subject to the following provisions of this regulation, accommodation provided by a local authority in a home owned or managed by that or another local authority —
under sections 21 to 24 of the National Assistance Act 1948 (provision of accommodation); or
in Scotland, under section 13B or 59 of the Social Work (Scotland) Act 1968 (provision of residential and other establishments); or
under section 7 of the Mental Health (Scotland) Act 1984 (functions of local authorities),
where the accommodation is provided for a person whose stay in that accommodation has become other than temporary.
5
Where a person–
a
is in, or only temporarily absent from, residential accommodation within the meaning of paragraph (4) and that accommodation subsequently becomes a residential care home; or
b
on 31st March 1993 was in or was only temporarily absent from accommodation of a kind mentioned in regulation 21(3B) to (3E) of the Income Support Regulations ,
that person shall continue to be treated as being in residential accommodation within the meaning of paragraph (4) if, and for so long as, the local authority is under a duty to provide or make arrangements for providing accommodation for that person and, in the case of a person to whom sub-paragraph (a) applies, he remains in the same accommodation.
6
A person who would, but for this paragraph, be in residential accommodation within the meaning of paragraph (4) shall be treated as not being in residential accommodation where —
a
he is under the age of 18 and in the care of a local authority under Part II or III of the Social Work (Scotland) Act 1968 (promotion of social welfare of children in need of care); or
b
except where he is a person to whom paragraph (5)(b) applies, he is in accommodation where —
i
no cooked or prepared food is made available to him in consequence solely of his paying the charge for the accommodation or any other charge which he is required to pay as a condition of occupying the accommodation, or both of those charges, or
ii
such food is actually made available for his consumption on payment of a further charge or charges.
Applicable amounts for persons in residential care and nursing homes
86
1
Where a person has a preserved right and either–
a
lives in a residential care or nursing home; or
b
is a member of a family and he and the members of his family live in such a home,
his weekly applicable amount shall, except in a case to which regulation 85 (special cases) applies, be calculated in accordance with Schedule 4.
2
A person has a preserved right for the purposes of this regulation if he satisfies the requirements for a preserved right under regulation 19 of and Schedule 4 to the Income Support Regulations.
3
In Schedule 4, “temporary absence” means–
a
in the case of a person who has a preserved right and to whom regulation 19(2) of the Income Support Regulations applies, 52 weeks; and
b
in any other case, 13 weeks.
4
In Schedule 4 the expressions “mental disorder”, “mental handicap”, “drug or alcohol dependence” and “disablement” have the same meanings as those expressions have for the purposes of the Registered Homes Act 1984 and Regulations made thereunder.
5
Notwithstanding the foregoing paragraphs of this regulation, where–
a
a person has been registered under the Registered Homes Act 1984 in respect of premises which have been carried on as a residential care home or, as the case may be, a nursing home, and that person has ceased to carry on such a home; and
b
an application for registration under that Act has been made by another person and that application has not been determined or abandoned, the applicable amount of a person resident in those premises shall be determined under Schedule 4 as if the most recent registration under the Registered Homes Act 1984 in respect of those premises continued until the day on which the application is determined or abandoned.
Transitional supplement to income-based jobseeker’s allowance
87
1
In the case of a person who, before 7th October 1996 was entitled to a special transitional addition or transitional addition in accordance with the Income Support (Transitional) Regulations 1987 , the amount of any income-based jobseeker’s allowance payable to him shall be increased by an amount equal to those additions, but the increase shall continue to be payable only for so long as the claimant continues to satisfy the requirements imposed in those Regulations for payment of the addition.
2
A claimant’s weekly applicable amount shall include an amount (the “protected sum”) equal to any protected sum which would have been applicable in his case under regulation 17(1)(g) or 18(1)(h) of, and Schedules 3A and 3B to, the Income Support Regulations had he been entitled to income support and not a jobseeker’s allowance.
3
In the case of any person who had he been entitled to income support and not a jobseeker’s allowance, would in any week have had a higher applicable amount, in accordance with regulation 17(2) to (6A) of the Income Support Regulations , than the amount applicable to him in accordance with regulation 82 or, as the case may be, 83 then that amount shall be substituted for the applicable amount determined under that regulation.
4
Paragraph (5) applies to a person who, had he been entitled to income support and not a jobseeker’s allowance, would have been a person to whom any of the following transitional or savings provisions would have applied —
a
the Income Support (General) Amendment No.3 Regulations 1993 (“the 1993 Regulations ”), regulation 4;
b
the Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1995 (“the 1995 Regulations ”) , regulation 28.
5
Where this paragraph applies, the amount of housing costs applicable in the particular case shall be determined as if, in Schedule 2 —
a
in a case to which regulation 4(1) of the 1993 Regulations would have applied, paragraph 10(4) to (9) was omitted;
b
in a case to which regulation 4(4) of the 1993 Regulations would have applied, in paragraph 10(5) for the reference to £100,000 there was substituted a reference to £150,000; and
c
in a case to which the 1995 Regulations apply, in paragraph 10(5) for the reference to £100,000 there was substituted a reference to £125,000.
6
In determining for the purposes of this regulation whether, if the claimant were entitled to income support —
a
an amount would be applicable;
b
an amount would be payable; or
c
if an amount was payable, the rate at which it would be payable,
any requirement that the person be entitled to income support, or to income support for any period of time, shall be treated as if the reference to income support included also a reference to an income-based jobseeker’s allowance.
7
For the purposes of applying paragraph (6), regulation 3A of the Income Support Regulations shall have effect —
a
as if in paragraph (1)(a), after the words “permitted period”, there was included the words “subject to paragraph (2A)”; and
b
with the addition after paragraph (1) of the following paragraphs–
2A
Subject to paragraph (2B) where the claimant or his partner has ceased to be engaged in remunerative work, the permitted period shall be 8 weeks if —
a
a jobseeker’s allowance was not payable to the claimant in the circumstances mentioned in section 19(6)(a) or (b) of the Jobseekers Act 1995 (employment left voluntarily or lost through misconduct); or
b
the claimant or his partner has ceased to be engaged in that work within 4 weeks of beginning it; or
c
at any time during the period of 13 weeks immediately preceding the beginning of that work, the person who has ceased to be engaged in it —
i
was engaged in remunerative work; or
ii
was in relevant education; or
iii
was a student.
2B
Paragraph (2)(b) or (2)(c) shall not apply in the case of a person who, by virtue of regulation 74 of the Jobseeker’s Allowance Regulations 1996, is a person to whom section 19(6)(b) of the Jobseekers Act 1995 does not apply.
2C
In this regulation, “remunerative work” means remunerative work for the purposes of the Jobseekers Act 1995.
PART VIII
INCOME AND CAPITAL
Chapter I
General
Calculation of income and capital of members of claimant’s family and of a polygamous marriage
88
1
Subject to paragraphs (2) and (3) and to regulation 106 (modifications in respect of children and young persons), the income and capital of a claimant’s partner and the income of a child or young person which by virtue of section 13(2) is to be treated as the income and capital of the claimant, shall be calculated in accordance with the following provisions of this Part in like manner as for the claimant; and any reference to the “claimant” shall, except where the context otherwise requires, be construed, for the purposes of this Part, as if it were a reference to his partner or that child or young person.
2
Regulations 99(2) and 101(2), so far as they relate to paragraphs 1 to 13 and 19 of Schedule 6 (earnings to be disregarded) and regulation 104(1) (capital treated as income) shall not apply to a child or young person.
3
Where at least one member of a couple is aged less than 18 and the applicable amount of the couple falls to be determined under paragraph 1(3)(b), (c), (f) or (g) of Schedule 1 (applicable amounts), the income of the claimant’s partner shall not be treated as the income of the claimant to the extent that —
a
in the case of a couple where both members are aged less than 18, the amount specified in paragraph 1(3)(a) of that Schedule exceeds the amount specified in paragraph 1(3)(c) of that Schedule; and
b
in the case of a couple where only one member is aged less than 18, the amount specified in paragraph 1(3)(e) of that Schedule exceeds the amount which applies in that case which is specified in paragraph 1(3)(f) or (g) of that Schedule.
4
Subject to paragraph (5), where a claimant is married polygamously to two or more members of his household —
a
the claimant shall be treated as possessing capital and income belonging to each such member and the income of any child or young person who is one of that member’s family; and
b
the income and capital of that member or, as the case may be, the income of that child or young person shall be calculated in accordance with the following provisions of this Part in like manner as for the claimant or, as the case may be, as for any child or young person who is a member of his family.
5
Where a member of a polygamous marriage is a partner aged less than 18 and the amount which applies in respect of him under regulation 84(2) (polygamous marriages) is nil, the claimant shall not be treated as possessing the income of that partner to the extent that an amount in respect of him would have been included in the applicable amount if he had fallen within the circumstances set out in regulation 84(2)(a) or (b).
Liable relative payments
89
Regulations 94 to 106, 108 to 115 and Chapter IX of this Part shall not apply to any payment which is to be calculated in accordance with Chapter VII thereof (liable relatives).
Child support
90
Regulations 94, 96, 97, 103 and 105 and Chapters VII and IX of this Part shall not apply to any payment which is to be calculated in accordance with Chapter VIII of this Part (child support).
Calculation of income and capital of full-time students
91
The provisions of Chapters II to VI of this Part (income and capital) shall have effect in relation to full-time students and their partners subject to the modifications set out in Chapter IX thereof (full-time students).
Rounding of fractions
92
Where any calculation under this Part results in a fraction of a penny that fraction shall, if it would be to the claimant’s advantage, be treated as a penny, otherwise it shall be disregarded.
Chapter II
Income
Calculation of income
93
1
For the purposes of section 3(1) (the income-based conditions) the income of a claimant shall be calculated on a weekly basis —
a
by determining in accordance with this Part, other than Chapter VI, the weekly amount of his income; and
b
by adding to that amount the weekly income calculated under regulation 116 (calculation of tariff income from capital).
2
For the purposes of paragraph (1) “income” includes capital treated as income under regulation 104 and income which a claimant is treated as possessing under regulation 105 (notional income).
Calculation of earnings derived from employed earner’s employment and income other than earnings
94
1
Earnings derived from employment as an employed earner and income which does not consist of earnings shall be taken into account over a period determined in accordance with the following paragraphs and at a weekly amount determined in accordance with regulation 97 (calculation of weekly amount of income).
2
Subject to the following provisions of this regulation, the period over which a payment is to be taken into account shall be —
a
in a case where it is payable in respect of a period, a period equal to the length of that period;
b
in any other case, a period equal to such number of weeks as is equal to the number obtained (and any fraction shall be treated as a corresponding fraction of a week) by dividing the net earnings, or in the case of income which does not consist of earnings, the amount of that income less any amount paid by way of tax on that income which is disregarded under paragraph 1 of Schedule 7 (sums to be disregarded in the calculation of income other than earnings), by the amount of jobseeker’s allowance which would be payable had the payment not been made plus an amount equal to the total of the sums which would fall to be disregarded from that payment under Schedule 6 (sums to be disregarded in the calculation of earnings) or, as the case may be, any paragraph of Schedule 7 other than paragraph 1 of that Schedule, as is appropriate in the claimant’s case, and that period shall begin on the date on which the payment is treated as paid under regulation 96.
3
Where earnings not of the same kind are derived from the same source and the periods in respect of which those earnings would, but for this paragraph, fall to be taken into account —
a
overlap, wholly or partly, those earnings shall be taken into account over a period equal to the aggregate length of those periods;
b
and that period shall begin with the earliest date on which any part of those earnings would otherwise be treated as paid under regulation 96 (date on which income is treated as paid).
4
In a case to which paragraph (3) applies, earnings under regulation 98 (earnings of employed earners) shall be taken into account in the following order of priority —
a
earnings normally derived from the employment;
b
any compensation payment;
c
any holiday pay.
5
Where earnings to which regulation 98(1)(b) or (c) (earnings of employed earners) applies are paid in respect of part of a day, those earnings shall be taken into account over a period equal to a day.
6
Subject to paragraph (7), the period over which a compensation payment is to be taken into account shall be the period beginning on the date on which the payment is treated as paid under regulation 96 (date on which income is treated as paid) and ending —
a
subject to sub-paragraph (b), where the person who made the payment represents that it, or part of it, was paid in lieu of notice of termination of employment or on account of the early termination of a contract of employment for a term certain, on the expiry date;
b
in a case where the person who made the payment represents that it, or part of it, was paid in lieu of consultation under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 , on the later of —
i
the date on which the consultation period under that section would have ended;
ii
in a case where sub-paragraph (a) also applies, the expiry date; or
iii
the standard date;
c
in any other case, on the standard date.
7
The maximum length of time over which a compensation payment may be taken into account under paragraph (6) is 52 weeks from the date on which the payment is treated as paid under regulation 96.
8
In this regulation–
a
“compensation payment” means any payment to which paragraph (3) of regulation 98 (earnings of employed earners) applies;
b
“the expiry date” means in relation to the termination of a person’s employment —
i
the date on which any period of notice applicable to the person was due to expire, or would have expired had it not been waived; and for this purpose “period of notice” means the period of notice of termination of employment to which a person is entitled by statute or by contract, whichever is the longer, or, if he is not entitled to such notice, the period of notice which is customary in the employment in question; or
ii
subject to paragraph (9), where the person who made the payment represents that the period in respect of which that payment is made is longer than the period of notice referred to in head (i) above, the date on which that longer period is due to expire; or
iii
where the person had a contract of employment for a term certain, the date on which it was due to expire;
c
“the standard date” means the earlier of–
i
the expiry date; and
ii
the last day of the period determined by dividing the amount of the compensation payment by the maximum weekly amount which, on the date on which the payment is treated as paid under regulation 96, is specified in paragraph 8(1)(c) of Schedule 14 to the Employment Protection (Consolidation) Act 1978 , and treating the result (less any fraction of a whole number) as a number of weeks.
9
For the purposes of paragraph (8), if it appears to the adjudication officer in a case to which sub-paragraph (b)(ii) of that paragraph applies that, having regard to the amount of the compensation payment and the level of remuneration normally received by the claimant when he was engaged in the employment in respect of which the compensation payment was made, it is unreasonable to take the payment into account until the date specified in that sub-paragraph, the expiry date shall be the date specified in paragraph (8)(b)(i).
10
For the purposes of this regulation the claimant’s earnings and income which does not consist of earnings shall be calculated in accordance with Chapters III and V respectively of this Part.
Calculation of earnings of self-employed earners
95
1
Except where paragraph (2) applies, where a claimant’s income consists of earnings from employment as a self-employed earner the weekly amount of his earnings shall be determined by reference to his average weekly earnings from that employment —
a
over a period of one year; or
b
where the claimant has recently become engaged in that employment or there has been a change which is likely to affect the normal pattern of business, over such other period as may, in any particular case, enable the weekly amount of his earnings to be determined more accurately.
2
Where the claimant’s earnings consist of royalties or sums paid periodically for or in respect of any copyright those earnings shall be taken into account over a period equal to such number of weeks as is equal to the number obtained (and any fraction shall be treated as a corresponding fraction of a week) by dividing the earnings by the amount of jobseeker’s allowance which would be payable had the payment not been made plus an amount equal to the total of the sums which would fall to be disregarded from the payment under Schedule 6 (earnings to be disregarded) as is appropriate in the claimant’s case.
3
For the purposes of this regulation the claimant’s earnings shall be calculated in accordance with Chapter IV of this Part.
Date on which income is treated as paid
96
1
Except where paragraph (2) applies, a payment of income to which regulation 94 (calculation of earnings derived from employed earner’s employment and income other than earnings) applies shall be treated as paid —
a
in the case of a payment which is due to be paid before the first benefit week pursuant to the claim, on the date on which it is due to be paid;
b
in any other case, on the first day of the benefit week in which it is due to be paid or the first succeeding benefit week in which it is practicable to take it into account.
2
Income support, maternity allowance, short-term or long-term incapacity benefit, severe disablement allowance or jobseeker’s allowance shall be treated as paid on the day of the benefit week in respect of which it is payable.
Calculation of weekly amount of income
97
1
For the purposes of regulation 94 (calculation of earnings derived from employed earner’s employment and income other than earnings), subject to paragraphs (2) to (6), where the period in respect of which a payment is made —
a
does not exceed a week, the weekly amount shall be the amount of that payment;
b
exceeds a week, the weekly amount shall be determined –
i
in a case where that period is a month, by multiplying the amount of the payment by 12 and dividing the product by 52;
ii
in a case where that period is three months, by multiplying the amount of the payment by 4 and dividing the product by 52;
iii
in a case where that period is a year by dividing the amount of the payment by 52;
iv
in any other case by multiplying the amount of the payment by 7 and dividing the product by the number equal to the number of days in the period in respect of which it is made.
2
Where a payment for a period not exceeding a week is treated under regulation 96(1)(a) (date on which income is treated as paid) as paid before the first benefit week and a part is to be taken into account for some days only in that week (“the relevant days”), the amount to be taken into account for the relevant days shall be calculated by multiplying the amount of the payment by the number equal to the number of relevant days and dividing the product by the number of days in the period in respect of which it is made.
3
Where a payment is in respect of a period equal to or in excess of a week and a part thereof is to be taken into account for some days only in a benefit week (“the relevant days”), the amount to be taken into account for the relevant days shall, except where paragraph (4) applies, be calculated by multiplying the amount of the payment by the number equal to the number of relevant days and dividing the product by the number of days in the period in respect of which it is made.
4
in the case of a payment of–
a
maternity allowance, short-term or long-term incapacity benefit or severe disablement allowance, the amount to be taken into account for the relevant days shall be the amount of benefit payable in respect of those days;
b
jobseeker’s allowance or income support, the amount to be taken into account for the relevant days shall be calculated by multiplying the weekly amount of the benefit by the number of relevant days and dividing the product by seven.
5
Except in the case of a payment which it has not been practicable to treat under regulation 96(1)(b) as paid on the first day of the benefit week in which it is due to be paid, where a payment of income from a particular source is or has been paid regularly and that payment falls to be taken into account in the same benefit week as a payment of the same kind and from the same source, the amount of that income to be taken into account in any one benefit week shall not exceed the weekly amount determined under paragraph (1)(a) or (b), as the case may be, of the payment which under regulation 96(1)(b) (date on which income is treated as paid) is treated as paid first.
6
Where the amount of the claimant’s income fluctuates and has changed more than once, or a claimant’s regular pattern of work is such that he does not work every week, the foregoing paragraphs may be modified so that the weekly amount of his income is determined by reference to his average weekly income —
a
if there is a recognisable cycle of work, over the period of one complete cycle (including, where the cycle involves periods in which the claimant does no work, those periods but disregarding any other absences);
b
in any other case, over a period of five weeks or such other period as may, in the particular case, enable the claimant’s average weekly income to be determined more accurately.
Chapter III
Employed Earners
Earnings of employed earners
98
1
Subject to paragraphs (2) and (3), “earnings” means in the case of employment as an employed earner, any remuneration or profit derived from that employment and includes —
a
any bonus or commission;
b
any compensation payment;
c
any holiday pay except any payable more than four weeks after the termination or interruption of employment but this exception shall not apply to a person who is, or would be, prevented from being entitled to a jobseeker’s allowance by section 14 (trade disputes);
d
any payment by way of a retainer;
e
any payment made by the claimant’s employer in respect of expenses not wholly, exclusively and necessarily incurred in the performance of the duties of the employment, including any payment made by the claimant’s employer in respect of —
i
travelling expenses incurred by the claimant between his home and place of employment;
ii
expenses incurred by the claimant under arrangements made for the care of a member of his family owing to the claimant’s absence from home;
f
any payment, remuneration or award of compensation made under section 12, 19, 47, 68(2), 69, 71(2)(a), 77 or 79 of the Employment Protection (Consolidation) Act 1978 (guarantee payments, remuneration whilst suspended from work on medical or maternity grounds, and remedies for unfair dismissal and compensation);
g
any award of compensation made under section 156, 157, 161 to 166, 189 or 192 of the Trade Union and Labour Relations (Consolidation) Act 1992 (compensation for unfair dismissal or redundancy on grounds of involvement in trade union activities, and protective awards).
2
“Earnings” shall not include–
a
any payment in kind;
b
any periodic sum paid to a claimant on account of the termination of his employment by reason of redundancy;
c
any remuneration paid by or on behalf of an employer to the claimant in respect of a period throughout which the claimant is on maternity leave or is absent from work because he is ill;
d
any payment in respect of expenses wholly, exclusively and necessarily incurred in the performance of the duties of the employment;
e
any occupational pension;
f
any redundancy payment within the meaning of section 81(1) of the Employment Protection (Consolidation) Act 1978.
3
In this regulation “compensation payment” means any payment made in respect of the termination of employment other than —
a
any remuneration or emolument (whether in money or in kind) which accrued in the period before the termination;
b
any holiday pay;
c
any payment specified in paragraphs (1)(f) or (g) or (2);
d
any refund of contributions to which that person was entitled under an occupational pension scheme.
Calculation of net earnings of employed earners
99
1
For the purposes of regulation 94 (calculation of earnings of employed earners) the earnings of a claimant derived from employment as an employed earner to be taken into account shall, subject to paragraph (2), be his net earnings.
2
Subject to paragraph (3), there shall be disregarded from a claimant’s net earnings, any sum, where applicable, specified in paragraphs 1 to 16 and 19 of Schedule 6.
3
For the purposes of calculating the amount to be deducted in respect of earnings under regulation 80 (contribution-based jobseeker’s allowance: deductions in respect of earnings) the disregards specified in paragraphs 5 to 8 and 11 of Schedule 6 shall not apply.
4
For the purposes of paragraph (1) net earnings shall be calculated by taking into account the gross earnings of the claimant from that employment less —
a
any amount deducted from those earnings by way of–
i
income tax;
ii
primary Class 1 contributions payable under the Benefits Act; and
b
one-half of any sum paid by the claimant in respect of a pay period by way of a contribution towards an occupational or personal pension scheme.
Chapter IV
Self-Employed Earners
Earnings of self-employed earners
100
1
Subject to paragraph (2), “earnings”, in the case of employment as a self-employed earner, means the gross receipts of the employment and shall include any allowance paid under any scheme referred to in regulation 19(1)(r) (circumstances in which a person is to be treated as actively seeking employment: schemes for assisting persons to become self-employed earners) to the claimant for the purpose of assisting him in carrying on his business.
2
“Earnings” shall not include–
a
where a claimant is involved in providing board and lodging accommodation for which a charge is payable, any payment by way of such a charge;
b
any payment to which paragraph 27 or 28 of Schedule 7 refers (payments in respect of a person accommodated with the claimant under an arrangement made by a local authority or voluntary organisation, and payments made to the claimant by a health authority, local authority or voluntary organisation in respect of persons temporarily in the claimant’s care).
Calculation of net profit of self-employed earners
101
1
For the purposes of regulation 95 (calculation of earnings of self-employed earners), the earnings of a claimant to be taken into account shall be —
a
in the case of a self-employed earner who is engaged in employment on his own account, the net profit derived from that employment;
b
in the case of a self-employed earner whose employment is carried on in partnership, or is that of a share fisherman within the meaning of regulation 156, his share of the net profit derived from that employment less —
i
an amount in respect of income tax and of social security contributions payable under the Benefits Act calculated in accordance with regulation 102 (deduction of tax and contributions for self-employed earners); and
ii
one half of any premium paid in the period that is relevant under regulation 95 in respect of a personal pension scheme.
2
Subject to paragraph (3), there shall be disregarded from a claimant’s net profit any sum, where applicable, specified in paragraphs 1 to 16 of Schedule 6.
3
For the purposes of calculating the amount to be deducted in respect of earnings under regulation 80 (contribution-based jobseeker’s allowance: deductions in respect of earnings) the disregards in paragraphs 5 to 8 and 11 of Schedule 6 shall not apply.
4
For the purposes of paragraph (1)(a) the net profit of the employment shall, except where paragraph (10) applies, be calculated by taking into account the earnings of the employment over the period determined under regulation 95 (calculation of earnings of self-employed earners) less —
a
subject to paragraphs (6) to (8), any expenses wholly and exclusively defrayed in that period for the purposes of that employment;
b
an amount in respect of–
i
income tax; and
ii
social security contributions payable under the Benefits Act, calculated in accordance with regulation 102 (deductions of tax and contributions for self-employed earners); and
c
one-half of any premium paid in the period that is relevant under regulation 95 in respect of a personal pension scheme.
5
For the purposes of paragraph (1)(b), the net profit of the employment shall be calculated by taking into account the earnings of the employment over the period determined under regulation 95 less, subject to paragraphs (6) to (8), any expenses wholly and exclusively defrayed in that period for the purposes of that employment.
6
Subject to paragraph (7), no deduction shall be made under paragraph (4)(a) or (5) in respect of —
a
any capital expenditure;
b
the depreciation of any capital asset;
c
any sum employed or intended to be employed in the setting up or expansion of the employment;
d
any loss incurred before the beginning of the period determined under regulation 95;
e
the repayment of capital on any loan taken out for the purposes of the employment;
f
any expenses incurred in providing business entertainment.
7
A deduction shall be made under paragraph (4)(a) or (5) in respect of the repayment of capital on any loan used for —
a
the replacement in the course of business of equipment or machinery; and
b
the repair of an existing business asset except to the extent that any sum is payable under an insurance policy for its repair.
8
An adjudication officer shall refuse to make a deduction under paragraph (4)(a) or (5) in respect of any expenses where he is not satisfied that the expense has been defrayed or, having regard to the nature of the expense and its amount, that it has been reasonably incurred.
9
For the avoidance of doubt–
a
a deduction shall not be made under paragraph (4)(a) or (5) in respect of any sum unless it has been expended for the purposes of the business;
b
a deduction shall be made thereunder in respect of–
i
the excess of any VAT paid over VAT received in the period determined under regulation 95;
ii
any income expended in the repair of an existing asset except to the extent that any sum is payable under an insurance policy for its repair;
iii
any payment of interest on a loan taken out for the purposes of the employment.
10
Where a claimant is engaged in employment as a child-minder the net profit of the employment shall be one-third of the earnings of that employment, less —
a
an amount in respect of–
i
income tax; and
ii
social security contributions payable under the Benefits Act, calculated in accordance with regulation 102 (deductions of tax and contributions for self-employed earners); and
b
one half of any premium paid in the period that is relevant under regulation 95 in respect of a personal pension scheme.
11
Notwithstanding regulation 95 and the foregoing paragraphs, an adjudication officer may assess any item of a claimant’s income or expenditure over a period other than that determined under regulation 95 such as may, in the particular case, enable the weekly amount of that item of income or expenditure to be determined more accurately.
12
For the avoidance of doubt where a claimant is engaged in employment as a self-employed earner and he is engaged in one or more other employments as a self-employed or employed earner, any loss incurred in any one of his employments shall not be offset against his earnings in any other of his employments.
Deduction of tax and contributions for self-employed earners
102
1
The amount to be deducted in respect of income tax under regulation 101(1)(b)(i), (4)(b)(i) or (10)(a)(i) (calculation of net profit of self-employed earners) shall be calculated on the basis of the amount of chargeable income and as if that income were assessable to income tax at the lower rate or, as the case may be, the lower rate and the basic rate of tax less only the personal relief to which the claimant is entitled under sections 257(1), 257A(1) and 259 of the Income and Corporation Taxes Act 1988 (personal reliefs) as is appropriate to his circumstances; but, if the period determined under regulation 95 is less than a year, the earnings to which the lower rate of tax is to be applied and the amount of the personal relief deductible under this paragraph shall be calculated on a pro rata basis.
2
The amount to be deducted in respect of social security contributions under regulation 101(1)(b)(i), (4)(b)(ii) or (10)(a)(ii) shall be the total of —
a
the amount of Class 2 contributions payable under section 11(1) or, as the case may be, 11(3) of the Benefits Act at the rate applicable at the date of claim except where the claimant’s chargeable income is less than the amount specified in section 11(4) of that Act (small earnings exception) for the tax year in which the date of claim falls; but if the period determined under regulation 95 is less than a year, the amount specified for that tax year shall be reduced pro rata; and
b
the amount of Class 4 contributions (if any) which would be payable under section 15 of that Act (Class 4 contributions recoverable under the Income Tax Acts) at the percentage rate applicable at the date of claim on so much of the chargeable income as exceeds the lower limit but does not exceed the upper limit of profits and gains applicable for the tax year in which the date of claim falls; but if the period determined under regulation 95 is less than a year, those limits shall be reduced pro rata.
3
In this regulation “chargeable income” means–
a
except where sub-paragraph (b) applies, the earnings derived from the employment less any expenses deducted under paragraph (4)(a) or, as the case may be, (5), of regulation 101;
b
in the case of employment as a child minder, one-third of the earnings of that employment.
Chapter V
Other Income
Calculation of income other than earnings
103
1
For the purposes of regulation 94 (calculation of income other than earnings) the income of a claimant which does not consist of earnings to be taken into account shall, subject to the following provisions of this regulation, be his gross income and any capital treated as income under regulations 104 and 106 (capital treated as income and modifications in respect of children and young persons).
2
There shall be disregarded from the calculation of a claimant’s gross income under paragraph (1) any sum, where applicable, specified in Schedule 7.
3
Where the payment of any benefit under the Act or under the Benefits Act is subject to any deduction by way of recovery, the amount to be taken into account under paragraph (1) shall be the gross amount to which the beneficiary is entitled.
4
Where the claimant is in receipt of payments under the earnings top-up scheme operated by the Secretary of State for Social Security , and those payments are subject to any deduction by way of recovery, the amount to be taken into account under paragraph (1) shall be the amount that the claimant would have received but for that deduction.
5
Where a loan is made to a person pursuant to arrangements made under section 1 of the Education (Student Loans) Act 1990 or article 3 of the Education (Student Loans) (Northern Ireland) Order 1990 and that person ceases to be a student before the end of the academic year in respect of which the loan is payable or, as the case may be, before the end of his course, a sum equal to the weekly amount apportionable under paragraph (2) of regulation 136 (treatment of student loans) shall be taken into account under paragraph (1) for each week, in the period over which the loan fell to be apportioned, following the date on which that person ceases to be a student; but in determining the weekly amount apportionable under paragraph (2) of regulation 136 so much of that paragraph as provides for a disregard shall not have effect.
6
For the avoidance of doubt there shall be included as income to be taken into account under paragraph (1) any payment to which regulations 98(2) or 100(2) (payments not earnings) applies.
Capital treated as income
104
1
Any capital payable by instalments which are outstanding on the first day in respect of which an income-based jobseeker’s allowance is payable, or, in the case of a review, the date of that review, shall, if the aggregate of the instalments outstanding and the amount of the claimant’s capital otherwise calculated in accordance with Chapter VI of this Part exceeds £8,000, be treated as income.
2
Any payment received under an annuity shall be treated as income.
3
In the case of a person who is, or would be, prevented from being entitled to a jobseeker’s allowance by section 14 (trade disputes), any payment under section 17 or 24 of the Children Act 1989 or, as the case may be, section 12, 24 or 26 of the Social Work (Scotland) Act 1968 (local authorities' duty to promote welfare of children and powers to grant financial assistance to persons in, or formerly in, their care) shall be treated as income.
4
Any earnings to the extent that they are not a payment of income shall be treated as income.
Notional income
105
1
A claimant shall be treated as possessing income of which he has deprived himself for the purpose of securing entitlement to a jobseeker’s allowance or increasing the amount of that allowance, or for the purpose of securing entitlement to, or increasing the amount of, income support.
2
Except in the case of–
a
a discretionary trust;
b
a trust derived from a payment made in consequence of a personal injury;
c
an increase of child benefit payable to a claimant under regulation 2(2) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 (rates of child benefit);
d
family credit or disability working allowance;
e
a jobseeker’s allowance;
f
payments under the earnings top-up scheme operated by the Secretary of State for Social Security;
g
a personal pension scheme where the claimant is aged under 60,
income which would become available to the claimant upon application being made but which has not been acquired by him shall be treated as possessed by him but only from the date on which it could be expected to be acquired were an application made.
3
Where a person, aged not less than 60, is a member of, or a person deriving entitlement to a pension under, a personal pension scheme, and —
a
in the case of a personal pension scheme other than one referred to in sub-paragraph (b), he fails to purchase an annuity with the funds available in that scheme where —
i
he defers, in whole or in part, the payment of any income which would have been payable to him by his pension fund holder;
ii
he fails to take any necessary action to secure that the whole or part of any income which would be payable to him by his pension fund holder upon his applying for it, is so paid; or
iii
income withdrawal is not available to him under that scheme; or
b
in the case of a contract or trust scheme approved under Chapter III of Part XIV of the Income and Corporation Taxes Act 1988 , he fails to purchase an annuity with the funds available under that contract or scheme,
the amount of any income foregone shall be treated as possessed by him, but only from the date on which it could be expected to be acquired were an application for it to be made.
4
The amount of any income foregone in a case to which either head (i) or (ii) of paragraph (3)(a) applies shall be the maximum amount of income which may be withdrawn from the fund and shall be determined by the adjudication officer who shall take account of information provided by the pension fund holder in accordance with regulation 7(5) of the Social Security (Claims and Payments) Regulations 1987 .
5
The amount of any income foregone in a case to which either head (iii) of paragraph (3)(a), or paragraph (3)(b) applies shall be the income that the claimant could have received without purchasing an annuity had the fund held under the relevant personal pension scheme been held under a personal pension scheme where income withdrawal was available and shall be determined in the manner specified in paragraph (4).
6
Subject to paragraph (7), any income which is due to be paid to the claimant but has not been paid to him, shall be treated as possessed by the claimant.
7
Paragraph (6) shall not apply to–
a
any amount to which paragraph (8) or (9) applies;
b
a payment to which section 74(2) or (3) of the Administration Act applies (abatement of prescribed payments from public funds which are not made before the prescribed date, and abatement from prescribed benefits where maintenance not paid); and
c
a payment from a discretionary trust, or a trust derived from a payment made in consequence of a personal injury.
8
This paragraph applies to an amount which is due to be paid to the claimant under an occupational pension scheme but which is not paid because the trustees or managers of the scheme have suspended or ceased payment due to an insufficiency of resources.
9
This paragraph applies to any amount by which a payment made to the claimant from an occupational pension scheme falls short of the payment to which he was due under the scheme where the shortfall arises because the trustees or managers of the scheme have insufficient resources available to them to meet in full the scheme’s liabilities.
10
Any payment of income, other than a payment of income made under the Macfarlane Trust, the Macfarlane (Special Payments) Trusts, the Macfarlane (Special Payments) (No.2) Trust, the Fund, the Eileen Trust or the Independent Living Funds, made —
a
to a third party in respect of a single claimant or in respect of a single claimant or in respect of a member of the family shall be treated —
i
in a case where that payment is derived from a payment of any benefit under the Act or under the Benefits Act, a war disablement pension or war widows pension, as possessed by that single claimant, if it would normally be paid to him, or as possessed by that member of the family, if it would normally be paid to that member;
ii
in any other case, as possessed by that single claimant or by that member of the family to the extent that it is used for the food, ordinary clothing or footwear, household fuel, rent for which housing benefit is payable, or any housing costs to the extent that they are met under regulation 83(f) or 84(1)(g), of that single claimant or, as the case may be, of any member of the family, or is used for any council tax or water charges for which that claimant or member is liable;
b
to a single claimant or a member of the family in respect of a third party (but not in respect of another member of the family) shall be treated as possessed by that single claimant or, as the case may be, that member of the family to the extent that it is kept or used by him or used by or on behalf of any member of the family;
but, except where sub-paragraph (a)(i) applies and in the case of a person who is, or would be, prevented from being entitled to a jobseeker’s allowance by section 14 (trade disputes), this paragraph shall not apply to any payment in kind.
11
Where the claimant lives in a residential care home or a nursing home, or is temporarily absent from such a home, any payment made by a person other than the claimant or a member of his family in respect of some or all of the cost of maintaining the claimant or a member of his family in that home shall be treated as possessed by the claimant or by that member of his family.
12
Where a claimant’s earnings are not ascertainable at the time of the determination of the claim or of any subsequent review the adjudication officer shall treat the claimant as possessing such earnings as is reasonable in the circumstances of the case having regard to the number of hours worked and the earnings paid for comparable employment in the area.
13
Where–
a
a claimant performs a service for another person; and
b
that person makes no payment of earnings or pays less than that paid for a comparable employment in the area,
the adjudication officer shall treat the claimant as possessing such earnings (if any) as is reasonable for that employment unless the claimant satisfies him that the means of that person are insufficient for him to pay or to pay more for the service; but this paragraph shall not apply to a claimant who is engaged by a charitable or voluntary organisation or is a volunteer if the adjudication officer is satisfied in any of those cases that it is reasonable for him to provide his services free of charge.
14
Where a claimant is treated as possessing any income under any of paragraphs (1) to (11) the foregoing provisions of this Part shall apply for the purposes of calculating the amount of that income as if a payment had actually been made and as if it were actual income which he does possess.
15
Where a claimant is treated as possessing any earnings under paragraphs (12) or (13) the foregoing provisions of this Part shall apply for the purposes of calculating the amount of those earnings as if a payment had actually been made and as if they were actual earnings which he does possess, except that paragraph (4) of regulation 99 (calculation of net earnings of employed earners) shall not apply and his net earnings shall be calculated by taking into account the earnings which he is treated as possessing, less —
a
an amount in respect of income tax equivalent to an amount calculated by applying to those earnings the lower rate or, as the case may be, the lower rate and the basic rate of tax in the year of assessment less only the personal relief to which the claimant is entitled under sections 257(1), 257A(1) and 259 of the Income and Corporation Taxes Act 1988 (personal reliefs) as is appropriate to his circumstances; but, if the period over which those earnings are to be taken into account is less than a year, the earnings to which the lower rate of tax is to be applied and the amount of the personal relief deductible under this paragraph shall be calculated on a pro rata basis;
b
where the weekly amount of those earnings equals or exceeds the lower earnings limit, an amount representing primary Class 1 contributions under the Benefits Act, calculated by applying to those earnings the initial and main primary percentages in accordance with section 8(1)(a) and (b) of that Act; and
c
one-half of any sum payable by the claimant in respect of a pay period by way of a contribution towards an occupational or personal pension scheme.
16
In this regulation–
“ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities;
“pension fund holder” means with respect to a personal pension scheme the trustees, managers or scheme administrators, as the case may be, of the scheme concerned;
“resources” has the same meaning as in section 181 of the Pension Schemes Act 1993 .
Modifications in respect of children and young persons
106
1
Any capital of a child or young person payable by instalments which are outstanding on the first day in respect of which an income-based jobseeker’s allowance is payable or, in the case of a review, the date of that review, shall, if the aggregate of the instalments outstanding and the amount of that child or young person’s other capital calculated in accordance with Chapter VI of this Part in like manner as for the claimant would exceed £3,000, be treated as income.
2
In the case of a child or young person who is residing at an educational establishment at which he is receiving relevant education —
a
any payment made to the educational establishment, in respect of that child’s or young person’s maintenance, by or on behalf of a person who is not a member of the family or by a member of the family out of funds contributed for that purpose by a person who is not a member of the family, shall be treated as income of that child or young person but it shall only be taken into account over periods during which that child or young person is present at that educational establishment; and
b
if a payment has been so made, for any period in a benefit week in term-time during which that child or young person returns home, he shall be treated as possessing an amount of income in that week calculated by multiplying the amount of personal allowance and disabled child premium, if any, applicable in respect of that child or young person by the number equal to the number of days in that week in which he was present at his educational establishment and dividing the product by seven; but this sub-paragraph shall not apply where the educational establishment is provided under section 8 of the Education Act 1944 (duty of local authority to secure primary and secondary schools) by a local education authority or where the payment is made under section 49 or 50 of the Education (Scotland) Act 1980 (power of education authority to assist persons).
3
Where a child or young person–
a
is resident at an educational establishment and he is wholly or partly maintained at that establishment by a local education authority under section 8 of the Education Act 1944; or
b
is maintained at an educational establishment under section 49 or 50 of the Education (Scotland) Act 1980, he shall for each day he is present at that establishment be treated as possessing an amount of income equal to the sum obtained by dividing the amount of personal allowance and disabled child premium, if any, applicable in respect of him by seven.
4
Where the income of a child or young person who is a member of the claimant’s family calculated in accordance with Chapters I to V of this Part exceeds the amount of the personal allowance and disabled child premium, if any, applicable in respect of that child or young person, the excess shall not be treated as the income of the claimant.
5
Where the capital of a child or young person if calculated in accordance with Chapter VI of this Part in like manner as for the claimant, except as provided in paragraph (1), would exceed £3,000, any income of that child or young person shall not be treated as the income of the claimant.
6
In calculating the net earnings or net profit of a child or young person there shall be disregarded (in addition to any sum which falls to be disregarded under paragraphs 14 to 16), any sum specified in paragraphs 17 and 18 of Schedule 6 (earnings to be disregarded).
7
Any income of a child or young person which is to be disregarded under Schedule 7 (income other than earnings to be disregarded) shall be disregarded in such manner as to produce the result most favourable to the claimant.
8
Where a child or young person is treated as possessing any income under paragraphs (2) or (3) the foregoing provisions of this Part shall apply for the purposes of calculating that income as if a payment had actually been made and as if it were actual income which he does possess.
9
For the purposes of this regulation, a child or young person shall not be treated as present at his educational establishment on any day if on that day he spends the night with the claimant or a member of his household.
Chapter VI
Capital
Capital limit
107
For the purposes of section 13(1) (no entitlement to an income-based jobseeker’s allowance if capital exceeds a prescribed amount), the prescribed amount is £8,000.
Calculation of capital
108
1
Subject to paragraph (2), the capital of a claimant to be taken into account shall be the whole of his capital calculated in accordance with this Part and any income treated as capital under regulation 110.
2
There shall be disregarded from the calculation of a claimant’s capital under paragraph (1) any capital, where applicable, specified in Schedule 8.
Disregard of capital of child or young person
109
The capital of a child or young person who is a member of the claimant’s family shall not be treated as capital of the claimant.
Income treated as capital
110
1
Any bounty derived from employment to which paragraph 9 of Schedule 6 applies and paid at intervals of at least one year shall be treated as capital.
2
Except in the case of an amount to which section 15(2)(c)(i) (refund of tax in trade dispute cases) applies, any amount by way of a refund of income tax deducted from profits or emoluments chargeable to income tax under Schedule D or E shall be treated as capital.
3
Any holiday pay which is not earnings under regulation 98(1)(c) (earnings of employed earners) shall be treated as capital.
4
Except any income derived from capital disregarded under paragraphs 1, 2, 4 to 8, 11 or 17 of Schedule 8, any income derived from capital shall be treated as capital but only from the date it is normally due to be credited to the claimant’s account.
5
Subject to paragraph (6), in the case of employment as an employed earner, any advance of earnings or any loan made by the claimant’s employer shall be treated as capital.
6
Paragraph (5) shall not apply to a person who is, or would be, prevented from being entitled to a jobseeker’s allowance by section 14 (trade disputes).
7
Any payment under section 30 of the Prison Act 1952 (payments for discharged prisoners) or allowance under section 17 of the Prisons (Scotland) Act 1989 (allowances to prisoners on discharge) shall be treated as capital.
8
Any payment made by a local authority which represents arrears of payments under paragraph 15 of Schedule 1 to the Children Act 1989 (power of a local authority to make contributions to a person with whom a child lives as a result of a residence order) or under section 50 of the Children Act 1975 (contributions to a custodian towards the cost of accommodation and maintenance of a child) shall be treated as capital.
9
Any charitable or voluntary payment which is not made or not due to be made at regular intervals, other than one to which paragraph (10) applies, shall be treated as capital.
10
This paragraph applies to a payment–
a
which is made to a person who is, or would be, prevented from being entitled to a jobseeker’s allowance by section 14 (trade disputes);
b
to which regulation 106(2) (modifications in respect of children and young persons) applies; or
c
which is made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Fund, the Eileen Trust or the Independent Living Funds.
Calculation of capital in the United Kingdom
111
Capital which a claimant possesses in the United Kingdom shall be calculated —
a
except in a case to which sub-paragraph (b) applies, at its current market or surrender value, less —
i
where there would be expenses attributable to sale, 10 per cent.; and
ii
the amount of any incumbrance secured on it;
b
in the case of a National Savings Certificate–
i
if purchased from an issue the sale of which ceased before 1st July last preceding the first day on which an income-based jobseeker’s allowance is payable or, in the case of a review, the date of that review, at the price which it would have realised on that 1st July had it been purchased on the last day of that issue;
ii
in any other case, at its purchase price.
Calculation of capital outside the United Kingdom
112
Capital which a claimant possesses in a country outside the United Kingdom shall be calculated —
a
in a case in which there is no prohibition in that country against the transfer to the United Kingdom of an amount equal to its current market or surrender value in that country, at that value;
b
in a case where there is such a prohibition, at the price which it would realise if sold in the United Kingdom to a willing buyer,
less, where there would be expenses attributable to sale, 10 per cent. and the amount of any incumbrance secured on it.
Notional capital
113
1
A claimant shall be treated as possessing capital of which he has deprived himself for the purpose of securing entitlement to a jobseeker’s allowance or increasing the amount of that allowance, or for the purpose of securing entitlement to or increasing the amount of income support, except —
a
where that capital is derived from a payment made in consequence of a personal injury and is placed on trust for the benefit of the claimant; or
b
to the extent that the capital he is treated as possessing is reduced in accordance with regulation 114 (diminishing notional capital rule).
2
Except in the case of–
a
a discretionary trust;
b
a trust derived from a payment made in consequence of a personal injury;
c
any loan which would be obtainable only if secured against capital disregarded under Schedule 8; or
d
a personal pension scheme,
any capital which would become available to the claimant upon application being made but which has not been acquired by him shall be treated as possessed by him but only from the date on which it could be expected to be acquired were an application made.
3
Any payment of capital, other than a payment of capital made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Fund, the Eileen Trust or the Independent Living Funds, made —
a
to a third party in respect of a single claimant or in respect of a member of the family shall be treated —
i
in a case where that payment is derived from a payment of any benefit under the Act or under the Benefits Act, a war disablement pension or war widow’s pension, as possessed by that single claimant, if it would normally be paid to him, or as possessed by that member of the family, if it would normally be paid to that member;
ii
in any other case, as possessed by that single claimant or by that member of the family to the extent that it is used for the food, ordinary clothing or footwear, household fuel, rent for which housing benefit is payable, or any housing costs to the extent that they are met under regulation 83(f) or 84(1)(g) or accommodation charge to the extent that it is met under regulation 86 (persons in residential care or nursing homes), of that single claimant or, as the case may be, of any member of the family, or is used for any council tax or water charges for which that claimant or member is liable;
b
to a single claimant or a member of the family in respect of a third party (but not in respect of another member of the family) shall be treated as possessed by that single claimant or, as the case may be, that member of the family to the extent that it is kept or used by him or by or on behalf of any member of the family.
4
Where a claimant stands in relation to a company in a position analogous to that of a sole owner or a partner in the business of that company, he shall be treated as if he were such sole owner or partner and in such a case —
a
the value of his holding in that company shall, notwithstanding regulation 108 (calculation of capital), be disregarded; and
b
he shall, subject to paragraph (5), be treated as possessing an amount of capital equal to the value or, as the case may be, his share of the value of the capital of that company and the foregoing provisions of this Chapter shall apply for the purposes of calculating that amount as if it were actual capital which he does possess.
5
For so long as the claimant undertakes activities in the course of the business of the company, the amount which he is treated as possessing under paragraph (4) shall be disregarded.
6
Where a claimant is treated as possessing any capital under any of paragraphs (1) to (4) the foregoing provisions of this Chapter shall apply for the purposes of calculating the amount of that capital as if it were actual capital which he does possess.
7
For the avoidance of doubt a claimant is to be treated as possessing capital under paragraph (1) only if the capital of which he has deprived himself is actual capital.
8
In paragraph (3) the expression “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities.
Diminishing notional capital rule
114
1
Where a claimant is treated as possessing capital under regulation 113(1) (notional capital), the amount which he is treated as possessing —
a
in the case of a week that is subsequent to–
i
the relevant week in respect of which the conditions set out in paragraph (2) are satisfied, or
ii
a week which follows that relevant week and which satisfies those conditions,
shall be reduced by an amount determined under paragraph (2);
b
in the case of a week in respect of which paragraph (1)(a) does not apply but where —
i
that week is a week subsequent to the relevant week, and
ii
that relevant week is a week in which the condition in paragraph (3) is satisfied,
shall be reduced by an amount determined under paragraph (3).
2
This paragraph applies to a benefit week or part week where the claimant satisfies the conditions that —
a
he is in receipt of a jobseeker’s allowance; and
b
but for regulation 113(1), he would have received an additional amount of jobseeker’s allowance in that benefit week or, as the case may be, that part week;
and in such a case, the amount of the reduction for the purposes of paragraph (1)(a) shall be equal to that additional amount.
3
Subject to paragraph (4), for the purposes of paragraph (1)(b) the condition is that the claimant would have been entitled to an income-based jobseeker’s allowance in the relevant week but for regulation 113(1), and in such a case the amount of the reduction shall be equal to the aggregate of —
a
the amount of jobseeker’s allowance to which the claimant would have been entitled in the relevant week but for regulation 113(1); and for the purposes of this sub-paragraph if the relevant week is a part-week that amount shall be determined by dividing the amount of jobseeker’s allowance to which he would have been entitled by the number equal to the number of days in the part-week and multiplying the quotient by 7;
b
the amount of housing benefit (if any) equal to the difference between his maximum housing benefit and the amount (if any) of housing benefit which he is awarded in respect of the benefit week which includes the last day of the relevant week, and for this purpose “benefit week” has the same meaning as in regulation 2(1) of the Housing Benefit (General) Regulations 1987 (interpretation).
c
the amount of council tax benefit (if any) equal to the difference between his maximum council tax benefit and the amount (if any) of council tax benefit which he is awarded in respect of the benefit week which includes the last day of the relevant week, and for this purpose “benefit week” has the same meaning as in regulation 2(1) of the Council Tax Benefit (General) Regulations 1992 (interpretation).
4
The amount determined under paragraph (3) shall be re-determined under that paragraph if the claimant makes a further claim for a jobseeker’s allowance and the conditions in paragraph (5) are satisfied, and in such a case —
a
sub-paragraphs (a), (b) and (c) of paragraph (3) shall apply as if for the words “relevant week” there were substituted the words “relevant subsequent week”; and
b
subject to paragraph (6), the amount as re-determined shall have effect from the first week following the relevant subsequent week in question.
5
The conditions referred to in paragraph (4) are that–
a
a further claim is made 26 or more weeks after–
i
the date on which the claimant made a claim for a jobseeker’s allowance in respect of which he was first treated as possessing the capital in question under regulation 113(1); or
ii
in a case where there has been at least one re-determination in accordance with paragraph (4), the date on which he last made a claim for a jobseeker’s allowance which resulted in the weekly amount being re-determined; or
iii
the date on which he last ceased to be in receipt of a jobseeker’s allowance;
whichever last occurred; and
b
the claimant would have been entitled to a jobseeker’s allowance but for regulation 113(1).
6
The amount as re-determined pursuant to paragraph (4) shall not have effect if it is less than the amount which applied in that case immediately before the re-determination and in such a case the higher amount shall continue to have effect.
7
For the purposes of this regulation–
a
“part-week” has the same meaning as in regulation 150(3);
b
“relevant week” means the benefit week or part-week in which the capital in question of which the claimant has deprived himself within the meaning of regulation 113(1) —
i
was first taken into account for the purposes of determining his entitlement to a jobseeker’s allowance or income support; or
ii
was taken into account on a subsequent occasion for the purposes of determining or re-determining his entitlement to a jobseeker’s allowance or income support on that subsequent occasion and that determination or re-determination resulted in his beginning to receive, or ceasing to receive, a jobseeker’s allowance or income support;
and where more than one benefit week or part-week is identified by reference to heads (i) and (ii) of this sub-paragraph, the later or latest such benefit week or part-week;
c
“relevant subsequent week” means the benefit week or part-week which includes the day on which the further claim or, if more than one further claim has been made, the last such claim was made.
Capital jointly held
115
Except where a claimant possesses capital which is disregarded under regulation 113(4) (notional capital), where a claimant and one or more persons are beneficially entitled in possession to any capital asset, they shall be treated as if each of them were entitled in possession to an equal share of the whole beneficial interest therein; and the value of that equal share shall be calculated by taking the value of the whole beneficial interest calculated in accordance with the foregoing provisions of this Chapter, as though —
a
that interest is solely owned by the claimant; and
b
in the case of a dwelling, none of the other joint owners occupies the dwelling concerned,
and dividing the same by the number of persons who have a beneficial interest in the capital in question.
Calculation of tariff income from capital
116
1
Where the claimant’s capital calculated in accordance with this Part exceeds £3,000 it shall be treated as equivalent to a weekly income of £1 for each complete £250 in excess of £3,000 but not exceeding £8,000.
2
Notwithstanding paragraph (1), where any part of the excess is not a complete £250 that part shall be treated as equivalent to a weekly income of £1.
3
For the purposes of paragraph (1), capital includes any income treated as capital under regulations 110 and 124 (income treated as capital and liable relative payments treated as capital).
Chapter VII
Liable Relatives
Interpretation
117
In this Chapter, unless the context otherwise requires —
“claimant” includes a young claimant;
“liable relative” means–
a spouse or former spouse of a claimant or of a member of the claimant’s family;
a parent of a young claimant or of a child or young person who is a member of a claimant’s family;
a person who has not been adjudged to be the father of a young claimant or of a child or young person who is a member of a claimant’s family, where that person is contributing to the maintenance of that young claimant, child or young person and by reason of that contribution he may reasonably be treated as the father of that young claimant, child or young person;
a person liable to maintain another person by virtue of section 78(6)(c) of the Administration Act where the latter is the claimant or a member of the claimant’s family,
and, in this definition, a reference to a child's, young person’s or young claimant’s parent includes any person in relation to whom the child, young person or young claimant was treated as a child or a member of the family;
“payment” means a periodical payment or any other payment made by or derived from a liable relative including, except in the case of a discretionary trust, any payment which would be so made or derived upon application being made by the claimant but which has not been acquired by him, but only from the date on which it could be expected to be acquired were an application made; but it does not include any payment —
arising as a consequence of a disposition of property made in contemplation of, or as a consequence of —
an agreement to separate; or
any proceedings for judicial separation, divorce or nullity of marriage;
made after the death of the liable relative;
made by way of a gift but not in aggregate or otherwise exceeding £250 in the period of 52 weeks beginning with the date on which the payment, or if there is more than one such payment the first payment, is made; and in the case of a claimant who continues to be in receipt of an income-based jobseeker’s allowance at the end of the period of 52 weeks, this provision shall continue to apply thereafter with the modification than any subsequent period of 52 weeks shall begin with the first day of the benefit week in which the first payment is made after the end of the previous period of 52 weeks;
to which regulation 106(2) applies (payments in respect of children and young persons who reside at an educational establishment);
made–
to a third party in respect of the claimant or a member of the claimant’s family; or
to the claimant or to a member of the claimant’s family in respect of a third party,
where having regard to the nature of the payment, the terms under which it is made and its amount, it is unreasonable to take it into account;
in kind;
to or in respect of a child or young person who is to be treated as not being a member of the claimant’s household under regulation 78;
which is not a periodical payment, to the extent that any amount of that payment —
has already been taken into account under this Part by virtue of a previous claim or determination; or
has been recovered under section 74(1) of the Administration Act (prevention of duplication of payments) or is currently being recovered; or
at the time the determination is made, has been used by the claimant except where he has deprived himself of that amount for the purpose of securing entitlement to a jobseeker’s allowance or increasing the amount of that allowance;
“periodical payment” means–
a payment which is made or is due to be made at regular intervals in pursuance of a court order or agreement for maintenance;
in a case where the liable relative has established a pattern of making payments at regular intervals, any such payment;
any payment not exceeding the amount of jobseeker’s allowance payable had that payment not been made;
any payment representing a commutation of payments to which sub-paragraph (a) or (b) of this definition applies whether made in arrears or in advance,
but does not include a payment due to be made before the benefit week in which the claimant first became entitled to an income-based jobseeker’s allowance, which was not so made;
“young claimant” means a person aged 16 or over but under 19 who makes a claim for a jobseeker’s allowance.
Treatment of liable relative payments
118
Subject to regulation 119 and except where regulation 124(1) applies (liable relative payments to be treated as capital) a payment shall —
a
to the extent that it is not a payment of income, be treated as income;
b
be taken into account in accordance with the following provisions of this Chapter.
Disregard of payments treated as not relevant income
119
Where the Secretary of State treats any payment as not being relevant income for the purposes of section 74A of the Administration Act (payment of benefit where maintenance payments collected by Secretary of State), that payment shall be disregarded in calculating a claimant’s income.
Period over which periodical payments are to be taken into account
120
1
The period over which a periodical payment is to be taken into account shall be–
a
in a case where the payment is made at regular intervals, a period equal to the length of that interval;
b
in a case where the payment is due to be made at regular intervals but is not so made, such number of weeks as is equal to the number obtained (and any fraction shall be treated as a corresponding fraction of a week) by dividing the amount of that payment by the weekly amount of that periodical payment as calculated in accordance with regulation 122(4);
c
in any other case, a period equal to a week.
2
The period under paragraph (1) shall begin on the date on which the payment is treated as paid under regulation 123.
Period over which payments other than periodical payments are to be taken into account
121
1
Subject to paragraph (2), the number of weeks over which a payment other than a periodical payment is to be taken into account shall be equal to the number (and any fraction shall be treated as a corresponding fraction of a week) obtained by dividing that payment by —
a
where the payment is in respect of the claimant or the claimant and any child or young person who is a member of the claimant’s family, the aggregate of £2 and the amount of jobseeker’s allowance which would be payable had the payment not been made;
b
where the payment is in respect of one, or more than one, child or young person who is a member of the family, the lesser of the amount (or the aggregate of the amounts) prescribed under Schedule 1, in respect of —
i
the personal allowance of the claimant and each such child or young person;
ii
any family and lone parent premium;
iii
any disabled child premium in respect of such a child; and
iv
any carer premium but only if that premium is payable because the claimant is in receipt, or is treated as being in receipt, of invalid care allowance by reason of the fact that he is caring for such a child or young person who is severely disabled,
and the aggregate of £2 and the amount of jobseeker’s allowance which would be payable had the payment not been made.
2
Where a liable relative makes a periodical payment and any other payment concurrently and the weekly amount of that periodical payment, as calculated in accordance with regulation 122 (calculation of the weekly amount of a liable relative payment), is less than —
a
in a case where the periodical payment is in respect of the claimant or the claimant and any child or young person who is a member of the claimant’s family, the aggregate of £2 and the amount of jobseeker’s allowance which would be payable had the payments not been made; or
b
in a case where the periodical payment is in respect of one or more than one child or young person who is a member of the family, the aggregate of the amounts prescribed in Schedule 1 in respect of each such child or young person and any family and lone parent premium,
that other payment shall, subject to paragraph (3), be taken into account over a period of such number of weeks as is equal to the number obtained (and any fraction shall be treated as a corresponding fraction of a week) by dividing that payment by an amount equal to the extent of the difference between the amount referred to in sub-paragraph (a) or (b), as the case may be, and the weekly amount of the periodical payment.
3
If–
a
the liable relative ceases to make periodical payments, the balance (if any) of the other payment shall be taken into account over the number of weeks equal to the number obtained (and any fraction shall be treated as a corresponding fraction of a week) by dividing that balance by the amount referred to in sub-paragraph (a) or (b), as the case may be, of paragraph (1);
b
the amount of any subsequent periodical payment varies, the balance (if any) of the other payment shall be taken into account over a period of such number of weeks as is equal to the number obtained (and any fraction shall be treated as a corresponding fraction of a week) by dividing that balance by an amount equal to the extent of the difference between the amount referred to in sub-paragraph (a) or (b), as the case may be, of paragraph (2), and the weekly amount of the subsequent periodical payment.
4
The period under paragraph (1) or (2) shall begin on the date on which the payment is treated as paid under regulation 123, and under paragraph (3) shall begin on the first day of the benefit week in which the cessation or variation of the periodical payment occurred.
Calculation of the weekly amount of a liable relative payment
122
1
Where a periodical payment is made or is due to be made at intervals of one week, the weekly amount shall be the amount of that payment.
2
Where a periodical payment is made or is due to be made at intervals greater than one week and those intervals are monthly, the weekly amount shall be determined by multiplying the amount of the payment by 12 and dividing the product by 52.
3
Where a periodical payment is made or is due to be made at intervals and those intervals are neither weekly or monthly, the weekly amount shall be determined by dividing that payment by the number equal to the number of weeks (including any part of a week) in that interval.
4
Where a payment is made and that payment represents a commutation of periodical payments whether in arrears or in advance, the weekly amount shall be the weekly amount of the individual periodical payments so commuted as calculated under paragraphs (1) to (3) as appropriate.
5
The weekly amount of a payment to which regulation 121 applies (period over which payments other than periodical payments are to be taken into account) shall be equal to the amount of the divisor used in calculating the period over which the payment or, as the case may be, the balance is to be taken into account.
Date on which a liable relative payment is to be treated as paid
123
1
A periodical payment is to be treated as paid–
a
in the case of a payment which is due to be made before the benefit week in which the claimant first became entitled to an income-based jobseeker’s allowance, on the day in the week in which it is due to be paid which corresponds to the first day of the benefit week;
b
in any other case, on the first day of the benefit week in which it is due to be paid unless, having regard to the manner in which jobseeker’s allowance is due to be paid in the particular case, it would be more practicable to treat it as paid on the first day of a subsequent benefit week.
2
Subject to paragraph (3), any other payment shall be treated as paid–
a
in the case of a payment which is made before the benefit week in which the claimant first became entitled to an income-based jobseeker’s allowance, on the day in the week in which it is paid which corresponds to the first day of the benefit week;
b
in any other case, on the first day of the benefit week in which it is paid unless, having regard to the manner in which jobseeker’s allowance is due to be paid in the particular case, it would be more practicable to treat it as paid on the first day of a subsequent benefit week.
3
Any other payment paid on a date which falls within the period in respect of which a previous payment is taken into account, not being a periodical payment, is to be treated as paid on the first day following the end of that period.
Liable relative payments to be treated as capital
124
1
Subject to paragraph (2), where a liable relative makes a periodical payment concurrently with any other payment, and the weekly amount of the periodical payment as calculated in accordance with regulation 122(1) to (4) (calculation of the weekly amount of a liable relative payment) is equal to or greater than the amount referred to in sub-paragraph (a) of regulation 121(2) (period over which payments other than periodical payments are to be taken into account), less the £2 referred to therein, or sub-paragraph (b) of that regulation, as the case may be, the other payment shall be treated as capital.
2
If, in any case, the liable relative ceases to make periodical payments, the other payment to which paragraph (1) applies shall be taken into account under paragraph (1) of regulation 121 but, notwithstanding paragraph (4) thereof, the period over which the payment is to be taken into account shall begin on the first day of the benefit week following the last one in which a periodical payment was taken into account.
Chapter VIII
Child Support
Interpretation
125
In this Chapter —
“child support maintenance” means such periodical payments as are referred to in section 3(6) of the Child Support Act 1991 ;
“maintenance assessment” has the same meaning as in the Child Support Act 1991 by virtue of section 54 of that Act.
Treatment of child support maintenance
126
Subject to regulation 127, all payments of child support maintenance shall to the extent that they are not payments of income be treated as income and shall be taken into account on a weekly basis in accordance with the following provisions of this Chapter.
Disregard of payments treated as not relevant income
127
Where the Secretary of State treats any payment of child support maintenance as not being relevant income for the purposes of section 74A of the Administration Act (payment of benefit where maintenance payments collected by Secretary of State), that payment shall be disregarded in calculating a claimant’s income.
Calculation of the weekly amount of child support maintenance
128
1
The weekly amount of child support maintenance shall be calculated in accordance with the following provisions of this regulation.
2
Where payments of child support maintenance are made weekly, the weekly amount shall be the amount of that payment.
3
Where payments of child support maintenance are made monthly, the weekly amount shall be determined by multiplying the amount of the payment by 12 and dividing the product by 52.
4
Where payments of child support are made at intervals and those intervals are not a week or a month, the weekly amount shall be determined by dividing that payment by the number equal to the number of weeks (including any part of a week) in that interval.
5
Where a payment is made and that payment represents a commutation of child support maintenance, the weekly amount shall be the weekly amount of the individual child support maintenance payments so commuted as calculated in accordance with paragraphs (2) to (4) as appropriate.
6
Paragraph (2), (3), or, as the case may be, (4) shall apply to any payments made at the intervals specified in that paragraph whether or not —
a
the amount paid is in accordance with the maintenance assessment; and
b
the intervals at which the payments are made are in accordance with the intervals specified by the Secretary of State under regulation 4 of the Child Support (Collection and Enforcement) Regulations 1992 .
Date on which child support maintenance is to be treated as paid
129
1
Subject to paragraph (2), a payment of child support maintenance is to be treated as paid —
a
in the case of a payment which is due to be made before the benefit week in which the claimant first became entitled to an income-based jobseeker’s allowance, on the day in the week in which it is due to be paid which corresponds to the first day of the benefit week;
b
in any other case, on the first day of the benefit week in which it is due to be paid or the first day of the first succeeding benefit week in which it is practicable to take it into account.
2
For the purposes of paragraph (1), where a payment of child support maintenance is due to be made under an instalment or other agreement on a date which is not the date on which it was originally due under the maintenance assessment (the original date), it shall be treated as if it was due to be made on the original date.
Chapter IX
Full-Time Students
Interpretation
130
In this Chapter, unless the context otherwise requires —
“contribution” means any contribution in respect of the income of any other person which the Secretary of State or an education authority takes into account in ascertaining the amount of the student’s grant, or any sums, which in determining the amount of a student’s allowance or bursary in Scotland in terms of the Students' Allowances (Scotland) Regulations 1991 or the Education Authority (Bursaries) (Scotland) Regulations 1995 , the Secretary of State or education authority takes into account being sums which the Secretary of State or the education authority consider that the holder of the allowance or bursary, the holder’s parents and the holder’s spouse can reasonably be expected to contribute towards the holder’s expenses;
“covenant income” means the income payable to a student under a deed of covenant by a person whose income is, or is likely to be, taken into account in assessing the student’s grant or award;
“education authority” means a government department, a local education authority as defined in section 114(1) of the Education Act 1944 , a local education authority as defined in section 123 of the Local Government (Scotland) Act 1973 , an education and library board established under article 3 of the Education and Libraries (Northern Ireland) Order 1986 , any body which is a research council for the purposes of the Science and Technology Act 1965 or any analogous government department, authority, board or body, of the Channel Islands, Isle of Man or any other country outside Great Britain;
“grant” means any kind of educational grant or award and includes any scholarship, studentship, exhibition, allowance or bursary but does not include a payment derived from funds made available by the Secretary of State for the purpose of assisting students in financial difficulties under section 100 of the Education Act 1944, section 65 of the Further and Higher Education Act 1992 or section 73 of the Education (Scotland) Act 1980 ;
“grant income” means–
any income by way of a grant;
in the case of a student other than one to whom sub-paragraph (c) refers, any contribution that has been taken into account whether or not it has been paid;
in the case of a student who satisfies the additional conditions for a disability premium in paragraph 14 of Schedule 1 (applicable amounts), any contribution which has been taken into account and which has been paid,
and any such contribution which is paid by way of a covenant shall be treated as part of the student’s grant income;
“last day of the course” means the date on which the last day of the final academic term falls in respect of the course in which the student is enrolled;
“periods of experience” has the meaning prescribed in paragraph 1(1) of Schedule 5 to the Education (Mandatory Awards) Regulations 1995 ;
“standard maintenance grant” means–
except where paragraph (b) or (c) applies, in the case of a student attending a course of study at the University of London or an establishment within the area comprising the City of London and the Metropolitan Police District, the amount specified for the time being in paragraph 2(2)(a) of Schedule 2 to the Education (Mandatory Awards) Regulations 1995 (“the 1995 regulations ”) for such a student;
except where paragraph (c) applies, in the case of a student residing at his parents' home, the amount specified in paragraph 3(2) thereof;
in the case of a student receiving an allowance or bursary under the Students' Allowances (Scotland) Regulations 1991 or the Education Authority (Bursaries) (Scotland) Regulations 1995, the amount of money specified as “standard maintenance allowance” for the relevant year appropriate for the student set out in the Guide to Under-graduate allowances issued by the Student Awards Agency for Scotland, or its nearest equivalent in the case of a bursary as set by the local education authority;
in any other case, the amount specified in paragraph 2(2) of the 1995 regulations other than in sub-paragraph (a) or (b) thereof;
“student” means a full-time student;
“year”, in relation to a course, means the period of 12 months beginning on 1st January, 1st April or 1st September according to whether the academic year of the course in question begins in the spring, the summer or the autumn respectively.
Calculation of grant income
131
1
The amount of a student’s grant income to be taken into account shall, subject to paragraphs (2) and (3), be the whole of his grant income.
2
There shall be disregarded from the amount of a student’s grant income any payment —
a
intended to meet tuition fees or examination fees;
b
intended to meet additional expenditure incurred by a disabled student in respect of his attendance on a course;
c
intended to meet additional expenditure connected with term time residential study away from the student’s educational establishment;
d
on account of the student maintaining a home at a place other than that at which he resides while attending his course but only to the extent that his rent is not met by housing benefit;
e
on account of any other person but only if that person is residing outside the United Kingdom and there is no applicable amount in respect of him;
f
intended to meet the cost of books and equipment (other than special equipment) or if not so intended an amount equal to £278 towards such costs;
g
intended to meet travel expenses incurred as a result of his attendance on the course.
3
Where in pursuance of an award a student is in receipt of a grant in respect of maintenance under regulation 17(1)(b) of the Education (Mandatory Awards) Regulations 1995, there shall be excluded from his grant income a sum equal to the amount from time to time specified in paragraph 7(4) of Schedule 2 to those Regulations, being the amount to be disregarded in respect of travel costs in the particular circumstances of his case.
4
A student’s grant income except any amount intended for the maintenance of dependants under Part III of Schedule 2 to the Education (Mandatory Awards) Regulations 1995 or otherwise, or intended for an older student under Part IV of that Schedule, shall be apportioned —
a
subject to paragraph (6), in a case where it is attributable to the period of study, equally between the weeks in that period;
b
in any other case, equally between the weeks in the period in respect of which it is payable.
5
Any amount intended for the maintenance of dependants or for an older student under the provisions referred to in paragraph (4) shall be apportioned equally over a period of 52 weeks or, if there are 53 benefit weeks (including part-weeks) in the year, 53.
6
In the case of a student on a sandwich course, any periods of experience within the period of study shall be excluded and the student’s grant income shall be apportioned equally between the remaining weeks in that period.
Calculation of covenant income where a contribution is assessed
132
1
Where a student is in receipt of income by way of a grant during a period of study and a contribution has been assessed, the amount of his covenant income to be taken into account for that period and any summer vacation immediately following shall be the whole amount of his covenant income less, subject to paragraph (3), the amount of the contribution.
2
The weekly amount of the student’s covenant income shall be determined–
a
by dividing the amount of income which falls to be taken into account under paragraph (1) by 52 or, if there are 53 benefit weeks (including part-weeks) in the year, 53; and
b
by disregarding £5 from the resulting amount.
3
For the purposes of paragraph (1), the contribution shall be treated as increased by the amount, if any, by which the amount excluded under regulation 131(2)(g) falls short of the amount for the time being specified in paragraph 7(4)(i) of Schedule 2 to the Education (Mandatory Awards) Regulations 1995 (travel expenditure).
Covenant income where no grant income or no contribution is assessed
133
1
Where a student is not in receipt of income by way of a grant the amount of his covenant income shall be calculated as follows —
a
any sums intended for any expenditure specified in regulation 131(2)(a) to (e), necessary as a result of his attendance on the course, shall be disregarded;
b
any covenant income, up to the amount of the standard maintenance grant, which is not so disregarded, shall be apportioned equally between the weeks of the period of study and there shall be disregarded from the covenant income to be so apportioned the amount which would have been disregarded under regulation 131(2)(f) and (g) and (3) had the student been in receipt of the standard maintenance grant;
c
the balance, if any, shall be divided by 52 or, if there are 53 benefit weeks (including part-weeks) in the year, 53 and treated as weekly income of which £5 shall be disregarded.
2
Where a student is in receipt of income by way of a grant and no contribution has been assessed, the amount of his covenant income shall be calculated in accordance with paragraph (1), except that —
a
the value of the standard maintenance grant shall be abated by the amount of his grant income less an amount equal to the amount of any sums disregarded under regulation 131(2)(a) to (e); and
b
the amount to be disregarded under paragraph (1)(b) shall be abated by an amount equal to the amount of any sums disregarded under regulation 131(2)(f) and (g) and (3).
Relationship with amounts to be disregarded under Schedule 7
134
No part of a student’s covenant income or grant income shall be disregarded under paragraph 15 of Schedule 7 (charitable and voluntary payments) and any other income to which sub-paragraph (1) of that paragraph applies shall be disregarded only to the extent that the amount disregarded under regulation 132(2)(b) (calculation of covenant income where a contribution is assessed) or, as the case may be, 133(1)(c) (covenant income where no grant income or no contribution is assessed) is less than £20.
Other amounts to be disregarded
135
1
For the purposes of ascertaining income other than grant income, covenant income, and loans treated as income in accordance with regulation 136, any amounts intended for any expenditure specified in regulation 131(2) (calculation of grant income) necessary as a result of the student’s attendance on the course shall be disregarded but only if, and to the extent that, the necessary expenditure exceeds or is likely to exceed the amount of the sums disregarded under regulation 131(2) and (3), 132(3) and 133(1)(a) or (b) (calculation of grant income and covenant income) on like expenditure.
2
Where a claim is made in respect of any period in the normal summer vacation and any income is payable under a deed of covenant which commences or takes effect after the first day of that vacation, that income shall be disregarded.
Treatment of student loans
136
1
A loan which is made to a student pursuant to arrangements made under section 1 of the Education (Student Loans) Act 1990 or article 3 of the Education (Student Loans) (Northern Ireland) Order 1990 shall be treated as income.
2
In calculating the weekly amount of the loan to be taken into account as income
a
except where sub-paragraph (b) applies, the loan shall be apportioned equally between the weeks in the academic year in respect of which the loan is payable;
b
in the case of a loan which is payable in respect of the final academic year of the course or if the course is of only one academic year’s duration, in respect of that year, the loan shall be apportioned equally between the weeks in the period beginning with the start of the final academic year or, as the case may be, the single academic year and ending with the last day of the course, and from the weekly amount so apportioned there shall be disregarded £10.
3
For the purposes of this regulation a student shall be treated as possessing the maximum amount of any loan referred to in paragraph (1) which he will be able to acquire in respect of an academic year by taking reasonable steps to do so.
Disregard of contribution
137
Where the claimant or his partner is a student and, for the purposes of assessing a contribution to the student’s grant, the other partner’s income has been taken into account, an amount equal to that contribution shall be disregarded for the purposes of assessing that other partner’s income.
Income treated as capital
138
Any amount by way of a refund of tax deducted from a student’s income shall be treated as capital.
Disregard of changes occurring during summer vacation
139
In calculating a student’s income an adjudication officer shall disregard any change in the standard maintenance grant occurring in the recognised summer vacation appropriate to the student’s course, if that vacation does not form part of his period of study, from the date on which the change occurred up to the end of that vacation.
PART IX
HARDSHIP
Meaning of “person in hardship”
140
1
In this Part of these Regulations, a “person in hardship” means for the purposes of regulation 141 a claimant, other than a claimant to whom paragraph (3) or (4) applies, who —
a
is a single woman–
i
who is pregnant; and
ii
in respect of whom the adjudication officer is satisfied that, unless a jobseeker’s allowance is paid to her, she will suffer hardship; or
b
is a single person who is responsible for a young person, and the adjudication officer is satisfied that, unless a jobseeker’s allowance is paid to the single person, the young person will suffer hardship; or
c
is a member of a married or unmarried couple, where–
i
the woman is pregnant; and
ii
the adjudication officer is satisfied that, unless a jobseeker’s allowance is paid, the woman will suffer hardship; or
d
is a member of a polygamous marriage and–
i
one member of the marriage is pregnant; and
ii
the adjudication officer is satisfied that, unless a jobseeker’s allowance is paid, that woman will suffer hardship; or
e
is a member of a married or unmarried couple or of a polygamous marriage where–
i
one or both members of the couple, or one or more members of the polygamous marriage, are responsible for a child or young person; and
ii
the adjudication officer is satisfied that, unless a jobseeker’s allowance is paid, the child or young person will suffer hardship; or
f
has an award of a jobseeker’s allowance which includes or would, if a claim for a jobseeker’s allowance from him were to succeed have included, in his applicable amount a disability premium and —
i
where the person has an award, a jobseeker’s allowance is not payable either because it is suspended or because section 19 (circumstances in which a jobseeker’s allowance is not payable) applies in his case; and
ii
the adjudication officer is satisfied that, unless a jobseeker’s allowance is paid, the person who would satisfy the conditions of entitlement to that premium would suffer hardship; or
g
suffers, or whose partner suffers from a chronic medical condition which results in functional capacity being limited or restricted by physical impairment and the adjudication officer is satisfied that —
i
the suffering has already lasted, or is likely to last, for not less than 26 weeks; and
ii
unless a jobseeker’s allowance is paid to the claimant the probability is that the health of the person suffering would, within 2 weeks of the adjudication officer making his decision, decline further than that of a normally healthy adult and that person would suffer hardship; or
h
does, or whose partner does, or in the case of a claimant who is married to more than one person under a law which permits polygamy, at least one of those persons do, devote a considerable portion of each week to caring for another person who —
i
is in receipt of an attendance allowance or the care component of disability living allowance at one of the two higher rates prescribed under section 72(3) of the Benefits Act; or
ii
has claimed either attendance allowance or disability living allowance, but only for so long as the claim has not been determined, or for, 26 weeks from the date of claiming, whichever is the earlier,
and the adjudication officer is satisfied, after taking account of the factors set out in paragraph (6) in so far as they are appropriate to the particular circumstances of the case, that the person providing the care will not be able to continue doing so unless a jobseeker’s allowance is paid to the claimant; or
i
is a person or is the partner of a person to whom section 16 applies by virtue of a direction issued by the Secretary of State, except where the person to whom the direction applies does not satisfy the requirements of section 1(2)(a) to (c); or
j
is a person–
i
to whom section 3(1)(f)(iii) (persons under the age of 18) applies, or is the partner of such a person; and
ii
in respect of whom the adjudication officer is satisfied that the person will, unless a jobseeker’s allowance is paid, suffer hardship.
2
Except in a case to which paragraph (3) or (4) applies a “person in hardship” means for the purposes of regulation 142, a claimant where the adjudication officer is satisfied that he or his partner will suffer hardship unless a jobseeker’s allowance is paid to him.
3
In paragraphs (1) and (2) a “person in hardship” does not include a claimant who is entitled, or whose partner is entitled, to income support or who falls within a category of persons prescribed for the purpose of section 124(1)(e) of the Benefits Act.
4
Paragraph (1)(h) shall not apply in a case where the person being cared for resides in a residential care home or nursing home.
5
Factors which, for the purposes of paragraphs (1) and (2), an adjudication officer is to take into account in determining whether a person will suffer hardship are —
a
the presence in the claimant’s family of a person who satisfies the requirements for a disability premium specified in paragraphs 13 and 14 of Schedule 1;
b
the resources which, without a jobseeker’s allowance, are likely to be available to the claimant’s family, the amount by which these resources fall short of the amount applicable in his case in accordance with regulation 145 (applicable amount in hardship cases), the amount of any resources which may be available to members of the claimant’s family from any person in the claimant’s household who is not a member of his family, and the length of time for which those factors are likely to persist;
c
whether there is a substantial risk that essential items, including food, clothing, heating and accommodation, will cease to be available to the claimant or to a member of the claimant’s family, or will be available at considerably reduced levels and the length of time those factors are likely to persist.
Circumstances in which an income-based jobseeker’s allowance is payable to a person in hardship
141
1
This regulation applies to persons in hardship within the meaning of regulation 140(1), and is subject to the provisions of regulations 143 and 144.
2
Subject to paragraph (3) a person in hardship shall be treated as entitled to an income-based jobseeker’s allowance for the period beginning with the date of claim or, if later, from the day he first becomes a person in hardship and ending on the day before the claim is determined where a reason for the delay in determining the claim is that a question arises as to whether the claimant satisfies any of the conditions of entitlement specified in section 1(2)(a) to (c).
3
A person in hardship to whom paragraph (2) applies may be treated as entitled to an income-based jobseeker’s allowance for a period after the date of claim referred to in that paragraph but before the date the statement mentioned in regulation 143(1) is furnished where the adjudication officer is satisfied that the claimant suffered hardship because of a lack of resources during that period.
4
A person in hardship, except where the person has been treated as not available for employment in accordance with regulations under section 6(4) of the Act shall, subject to the conditions specified in regulation 143 (conditions for hardship payments), be entitled to an income-based jobseeker’s allowance without satisfying the requirements of section 1(2)(a) to (c) of the Act provided he satisfies the other conditions of entitlement to that benefit.
5
An income-based jobseeker’s allowance shall be payable to a person in hardship even though payment to him of a jobseeker’s allowance has been suspended in accordance with regulation 37 of the Claims and Payments Regulations on the ground that a doubt has arisen as to whether he satisfies the requirements of section 1(2)(a) to (c), but the allowance shall be payable only if and for so long as the claimant satisfies the other conditions of entitlement to an income based jobseeker’s allowance.
6
An income-based jobseeker’s allowance shall be payable to a person in hardship even though section 19 (circumstances in which a jobseeker’s allowance is not payable) prevents payment of a jobseeker’s allowance to him but the allowance shall be payable only if and for so long as he satisfies the conditions of entitlement to an income-based jobseeker’s allowance.
Further circumstances in which an income-based jobseeker’s allowance is payable to a person in hardship
142
1
This regulation applies to a person in hardship who falls within paragraph (2) but not paragraph (1) of regulation 140 and is subject to the provisions of regulations 143 and 144.
2
A person in hardship shall be treated as entitled to an income-based jobseeker’s allowance for a period commencing on whichever is the later of —
a
the 15th day following the date of claim; or
b
where the Secretary of State has certified that the claim is the first claim in a jobseeking period, the 18th day following the date of claim; or
c
the day the claimant complies with the requirements of regulation 143,
and ending on the day before the claim is determined where a reason for the delay in determining the claim is that a question arises as to whether the claimant satisfies any of the conditions of entitlement specified in section 1(2)(a) to (c).
3
An income-based jobseeker’s allowance shall be payable subject to paragraph (4) to a person in hardship even though payment to him of a jobseeker’s allowance has been suspended in accordance with regulations made by virtue of section 5(1)(n) of the Administration Act (suspension of benefit) on the ground that a doubt has arisen as to whether he satisfies the requirements of section 1(2)(a) to (c) but the allowance shall be payable only if and for so long as the claimant satisfies the other conditions of entitlement to an income-based jobseeker’s allowance.
4
An income-based jobseeker’s allowance shall not be payable in respect of the first 14 days of the period of suspension.
5
An income-based jobseeker’s allowance shall be payable to a person in hardship even though section 19 (circumstances in which a jobseeker’s allowance is not payable) prevents payment of a jobseeker’s allowance to him, but the allowance —
a
shall not be payable under this paragraph in respect of the first 14 days of the period to which section 19 applies; and
b
shall be payable thereafter only where the conditions of entitlement to an income-based jobseeker’s allowance are satisfied.
Conditions for hardship payments
143
1
A jobseeker’s allowance shall not be payable in accordance with regulation 141 or, as the case may be, 142, except where the claimant has —
a
furnished on a form approved for the purpose by the Secretary of State or in such other form as he may in any particular case approve a statement of the circumstances he relies upon to establish entitlement under regulation 141 or as the case may be regulation 142; and
b
signed the statement.
2
The completed and signed form shall be delivered by the claimant to such office as the Secretary of State may specify.
Provision of information
144
For the purposes of paragraph 10(3) of Schedule 1 to the Act, a claimant shall provide to the Secretary of State information as to the circumstances of the person alleged to be in hardship.
Applicable amount in hardship cases
145
1
The weekly applicable amount of a person to whom an income-based jobseeker’s allowance is payable in accordance with this Part of these Regulations shall, except in a case to which paragraph (2) applies, he reduced by a sum equal to 40% of the following amount —
a
where he is a single claimant aged less than 18 or a member of a couple or a polygamous marriage where all the members, in either case, are less than 18, the amount specified in paragraph 1(1)(a), (b) or (c), as the case may be, of Schedule 1 (applicable amounts);
b
where he is a single claimant aged not less than 18 but less than 25 or a member of a couple or polygamous marriage where one member is aged not less than 18 but less than 25 and the other member or, in the case of a polygamous marriage each other member, is a person under 18 who is not eligible for an income-based jobseeker’s allowance under section 3(1)(f)(iii) or is not subject to a direction under section 16, the amount specified in paragraph 1(1)(d) of Schedule 1;
c
where he is a single claimant aged not less than 25 or a member of a couple or a polygamous marriage (other than a member of a couple or polygamous marriage to whom sub-paragraph (b) does not apply) at least one of whom is aged not less than 18, the amount specified in paragraph 1(1)(e) of Schedule 1.
2
In a case where the claimant or any other member of his family is either pregnant or is seriously ill, his weekly applicable amount shall be reduced by a sum equal to 20% of the amount applicable in his case by way of a personal allowance determined in accordance with paragraph 1 of Schedule 1.
3
A reduction under paragraph (1) or (2) shall, if it is not a multiple of 5p, be rounded to the nearest such multiple or, if it is a multiple of 2.5p but not of 5p, to the next lower multiple of 5p.
Payments made on account of suspended benefit
146
1
This regulation applies to a person to whom–
a
payments of a jobseeker’s allowance have been suspended in accordance with regulations made under section 5(1)(n) of the Administration Act;
b
an income-based jobseeker’s allowance is paid under regulation 141 or 142.
2
In the case of a person to whom–
a
this regulation applies; and
b
payments in respect of the benefit suspended fall to be made,
any benefit paid or payable by virtue of regulation 141(5) or 142(3) shall be treated as having been paid on account of the suspended benefit and only the balance of the suspended benefit (if any) shall be payable.
PART X
URGENT CASES
Urgent cases
147
1
In a case to which this regulation applies, a claimant’s weekly applicable amount and his income and capital shall be calculated for the purposes of an income-based jobseeker’s allowance in accordance with the following provisions of this Part.
2
This regulation applies in accordance with the following provisions to–
a
a claimant to whom paragraph (3) (certain persons from abroad) applies;
b
a claimant to whom paragraph (6) (certain persons whose income is not readily available to them) applies.
3
This paragraph applies to a person from abroad within the meaning of regulation 85(4) (special cases) who —
a
having, during any one period of limited leave of a kind referred to in sub-paragraph (a) of that definition (including any period as extended), supported himself without recourse to public funds other than any such recourse by reason of the previous application of this sub-paragraph, is temporarily without funds during that period of leave because remittances to him from abroad have been disrupted provided that there is a reasonable expectation that his supply of funds will be resumed:
b
is an asylum seeker for the purposes of paragraph (4);
c
is awaiting the outcome of an appeal made under Part II of the 1971 Act (including any period for which the appeal is treated as pending under section 33(4) of that Act);
d
is a person to whom sub-paragraph (c) of that definition applies but whose removal from the United Kingdom has been deferred in writing by the Secretary of State;
e
is a person, other than someone to whom sub-paragraph (c) of that definition applies, who has been granted permission to remain in the United Kingdom pending the removal of a person to whom sub-paragraph (d) applies;
f
is a person who has no or no further right of appeal under the 1971 Act but has been allowed to remain in the United Kingdom while an application so to remain is, or representations on his behalf are, being considered by the Secretary of State;
g
is a person to whom sub-paragraph (d) of that definition applies and who has been allowed to remain in the United Kingdom with the consent in writing of the Secretary of State;
h
is a person to whom sub-pargraph (e), (f) or (g) of that definition applies and whose applicable amount, but for this sub-paragraph, would if calculated in accordance with regulation 85 (special cases) be nil;
i
is a person other than one to whom sub-paragraph (d) applies who is subject to a direction for his removal from the United Kingdom, but whose removal has been deferred in writing by the Secretary of State.
4
For the purposes of this paragraph, a person —
a
becomes an asylum seeker when he has submitted a claim for asylum to the Secretary of State that it would be contrary to the United Kingdom’s obligations under the Convention for him to be removed from, or required to leave, the United Kingdom and that claim is recorded by the Secretary of State as having been made; and
b
ceases to be an asylum seeker when his claim is recorded by the Secretary of State as having been finally determined or abandoned.
5
In this regulation “the Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and the Protocol to that Convention.
6
This paragraph shall only apply to a person who is treated as possessing income by virtue of regulation 105(6) and (7) (notional income) where the income he is treated as possessing is not readily available to him; and —
a
the amount of jobseeker’s allowance payable to him otherwise than under this Part is less than the amount of a jobseeker’s allowance payable to him under this Part; and
b
the adjudication officer is satisfied that, unless the provisions of this Part are applied to the claimant, the claimant or his family will suffer hardship.
Applicable amount in urgent cases
148
1
For the purposes of calculating any entitlement to an income-based jobseeker’s allowance under this Part —
a
except in a case to which sub-paragraph (b), (c) or (d) applies, a claimant’s weekly applicable amount shall be the aggregate of —
i
90 per cent. of the amount applicable (reduced where appropriate in accordance with regulation 145 (applicable amount in hardship cases)) in respect of himself or, if he is a member of a couple or of a polygamous marriage, of the amount applicable in respect of both of them under paragraph 1(1), (2) or (3) of Schedule 1 or, as the case may be, the amount applicable in respect of them under regulation 84 (polygamous marriages);
ii
the amount applicable under paragraph 2 of Schedule 1 in respect of any child or young person who is a member of his family except a child or young person whose capital, if calculated in accordance with Part VIII in like manner as for the claimant, except as provided in regulation 106(1) (modifications in respect of children and young persons), would exceed £3,000;
iii
the amount, if applicable, specified in Part II or III of Schedule 1 (premiums);
iv
any amounts applicable under regulation 83(f) or, as the case may be, 84(1)(g) (housing costs);
v
the amount, if applicable, specified in paragraph 3 of Schedule 1; and
vi
the amount of any protected sum which may be applicable to him in accordance with regulation 87(2);
b
where the claimant is a resident in a residential care home or a nursing home and has a preserved right, his weekly applicable amount shall be the aggregate of —
i
90 per cent. of the amount of the allowance for personal expenses prescribed in paragraph 11(a) of Schedule 4 (applicable amounts of persons in residential care and nursing homes), or, if he is a member of a couple or of a polygamous marriage, of the amount applicable in respect of both or all of them; and where regulation 145 (applicable amount in hardship cases) applies, the reference in this head to 90 per cent. of the amount so reduced shall be construed as a reference to 90 per cent. of the relevant amount under that regulation reduced by the percentage specified in paragraph (1) or (2), as the case may be, of that regulation;
ii
the amount applicable under paragraph 11(b) to (e) of Schedule 4 in respect of any child or young person who is a member of his family except a child or young person whose capital, if calculated in accordance with Part VIII in like manner as for the claimant, except as provided in regulation 106(1) (modifications in respect of children and young persons), would exceed £3,000;
iii
the amount in respect of the weekly charge for his accommodation calculated in accordance with regulation 86 and Schedule 4 except any amount in respect of a child or young person who is a member of the family and whose capital, if calculated in accordance with Part VIII in like manner as for the claimant, except as provided in regulation 106(1) (modifications in respect of children and young persons), would exceed £3,000;
c
where the claimant is resident in residential accommodation, his weekly applicable amount shall be the aggregate of —
i
98 per cent. of the amount referred to in column (2) of paragraph 15(1)(a) to (c) and (e) of Schedule 5 (applicable amounts in special cases) applicable to him;
ii
the amount applicable under column (2) of paragraph 15(1)(d) of Schedule 5, in respect of any child or young person who is a member of the family, except a child or young person whose capital, if calculated in accordance with Part VIII in like manner as for the claimant, except as provided in regulation 106(1) (modifications in respect of children and young persons), would exceed £3,000;
d
except where sub-paragraph (b) or (c) applies, in the case of a person to whom any paragraph, other than paragraph 14 in column (1) of Schedule 5 (special cases) applies, the amount shall be 90 per cent. of the amount applicable in column 2 of that Schedule in respect of the claimant and partner (if any), plus, if applicable —
i
any amount in respect of a child or young person who is a member of the family except a child or young person whose capital, if calculated in accordance with Part VIII in like manner as for the claimant, except as provided in regulation 106(1) (modifications in respect of children and young persons), would exceed £3,000;
ii
any premium under Part II or III of Schedule 1; and
iii
any amounts applicable under regulation 83(f) or, as the case may be, 84(1)(g); and
iv
the amount of the protected sum which may be applicable to him in accordance with regulation 87(2).
2
Where the calculation of a claimant’s applicable amount under this regulation results in a fraction of a penny that fraction shall be treated as a penny.
Assessment of income and capital in urgent cases
149
1
The claimant’s income shall be calculated in accordance with Part VIII subject to the following modifications —
a
any income, other than a payment of income or income in kind made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Fund, the Eileen Trust or the Independent Living Funds or income to which paragraph 6, 41(2), (3) or (4) or 42 of Schedule 7 (disregard of income other than earnings) applies, possessed or treated as possessed by him shall be taken into account in full notwithstanding any provision in that Part disregarding the whole or any part of that income;
b
any income to which regulation 116 (calculation of tariff income from capital) applies shall be disregarded;
c
income treated as capital by virtue of regulation 110(1),(2),(3) and (9) (income treated as capital) shall be taken into account as income;
d
in a case to which paragraph (2)(b) of regulation 147 (urgent cases) applies, any income to which regulation 105(6) and (7) (notional income) applies shall be disregarded.
2
The claimant’s capital calculated in accordance with Part VIII, but including any capital referred to in paragraphs 3 and, to the extent that such assets as are referred to in paragraph 11 consists of liquid assets, 11 and, except to the extent that the arrears referred to in paragraph 12 consist of arrears of housing benefit payable under Part VII of the Benefits Act or Part II of the Social Security and Housing Benefits Act 1982 , 12, 14(b), 24 and 32 of Schedule 8 (capital to be disregarded) shall be taken into account in full and the amount of a jobseeker’s allowance which would, but for this paragraph be payable under this regulation, shall be payable only to the extent that it exceeds the amount of that capital.
PART XI
PART-WEEKS
Amount of a jobseeker’s allowance payable
150
1
Subject to the following provisions of this Part, the amount payable by way of an income-based jobseeker’s allowance in respect of part-week shall be calculated by applying the formula —
a
where the claimant has no income–
N × A 7
; or
b
where the claimant has an income–
( N × ( A - I ) ) ( 7 ) - B ,
where —
A is the claimant’s weekly applicable amount in the relevant week;
B is the amount of any jobseeker’s allowance, income support, maternity allowance, incapacity benefit or severe disablement allowance payable to any member of the claimant’s family other than the claimant in respect of any day in the part-week;
I is the claimant’s weekly income in the relevant week less B;
N is the number of days in the part-week.
2
Subject to the following provisions of this Part, the amount payable by way of a contribution-based jobseeker’s allowance in respect of a part-week shall be calculated by applying the formula —
( N × X ) ( 7 ) - Y
where —
X is the personal rate determined in accordance with section 4(1);
Y is the amount of any widow’s benefit, invalid care allowance, training allowance and any increase in disablement pension payable in accordance with Part I of Schedule 7 to the Benefits Act (Unemployability Supplement) payable in respect of any day in the part-week;
N is the number of days in the part-week.
3
In this Part–
“part-week” means an entitlement to a jobseeker’s allowance in respect of any period of less than a week;
“relevant week” means the period of 7 days determined in accordance with regulation 152.
Amount of a jobseeker’s allowance payable where a person is in a residential care or nursing home
151
1
subject to regulations 153 and 154 in the case of a claimant–
a
to whom regulation 86 (applicable amounts for persons in residential care or nursing homes) applies, and
b
for whom the weekly charge for the accommodation is due to be paid during a part-week to which regulation 152(1) applies,
the amount of a jobseeker’s allowance payable shall be —
i
where the claimant has no income, A; or
ii
where the claimant has income, calculated in accordance with the formula
( A - I ) - B ,
where
“A”,
“B” and
“I” have the values set out in regulation 150(1).
2
In a case to which paragraph (1) applies, the claimant’s weekly applicable amount shall be —
a
where the weekly charge for the accommodation includes all meals, the aggregate of the following amounts —
i
the weekly charge for the accommodation determined in accordance with paragraph 1(1)(a) of Schedule 4; and
ii
the amount calculated in accordance with the formula–
( N × P ) 7 + ( N × H ) ; 7
b
where the weekly charge for the accommodation does not include all meals, the aggregate of the following amounts —
i
the weekly charge for the accommodation determined in accordance with paragraph 1(1)(a) of Schedule 4 less M; and
ii
the amount calculated in accordance with the formula–
( N × M ) 7 + ( N × P ) 7 + ( N × H ) . 7
3
In paragraph 2–
“H” means the weekly amount determined in accordance with paragraph 1(1)(c) of Schedule 4;
“M” means the amount of the increase for meals calculated on a weekly basis in accordance with paragraph 2 of Schedule 4;
“P” means the weekly amount for personal expenses determined in accordance with paragraph 11 of Schedule 4.
Relevant week
152
1
Where the part-week–
a
is the whole period for which a jobseeker’s allowance is payable or occurs at the beginning of an award, the relevant week is the period of 7 days ending on the last day of that part-week; or
b
occurs at the end of an award, the relevant week is the period of 7 days beginning on the first day of the part week; or
c
occurs because a jobseeker’s allowance is not payable for any period in accordance with section 19 of the Act (circumstances in which a jobseeker’s allowance is not payable), the relevant week is the 7 days ending immediately before the start of the next benefit week to commence for that claimant.
2
Where a person has an award of a jobseeker’s allowance and his benefit week changes, for the purpose of calculating the amounts of a jobseeker’s allowance payable for the part-week beginning on the day after his last complete benefit week before the change and ending immediately before the change, the relevant week is the period of 7 days beginning on the day after the last complete benefit week.
Modification in the Calculation of Income
153
For the purposes of regulation 150 (amount of jobseeker’s allowance payable for part-weeks) a claimant’s income and, in determining the amount payable by way of an income-based jobseeker’s allowance, the income of any person which the claimant is treated as possessing under section 12(4) or regulation 88(4), shall be calculated in accordance with Parts VIII, and, where applicable, IX and X subject to the following changes —
a
any income which is due to be paid in the relevant week shall be treated as paid on the first day of that week;
b
in determining the amount payable by way of an income-based jobseeker’s allowance, any jobseeker’s allowance, income support, maternity allowance, incapacity benefit or severe disablement allowance under the Benefits Act payable in the relevant week but not in respect of any day in the part-week shall be disregarded;
c
in determining the amount payable by way of a contribution-based jobseeker’s allowance, any widow’s benefit, invalid care allowance, training allowance or any increase in disablement pension payable in accordance with Part I of Schedule 7 to the Benefits Act (Unemployability Supplement) which is payable in the relevant week but not in respect of any day in the part-week shall be disregarded;
d
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 shall be disregarded;
e
where the part-week occurs immediately after a period in which a person was treated as engaged in remunerative work under regulation 52 (persons treated as engaged in remunerative work) any earnings which are taken into account for the purposes of determining that period shall be disregarded;
f
where only part of the weekly amount of income is taken into account in the relevant week, the balance shall be disregarded.
Reduction in certain cases
154
The reduction to be made in accordance with Part IX (Hardship) in respect of an income based jobseeker’s allowance shall be an amount equal to one seventh of the reduction which would be made under that Part for a week multiplied by the number of days in the part-week.
Modification of section 15(2) of the Act
155
In its application to an income-based jobseeker’s allowance payable for a part-week, section 15(2)(d) shall have effect subject to the following modification —
d
any payment by way of an income-based jobseeker’s allowance for that period or any part of it which apart from this paragraph would be made to the claimant —
i
shall not be made, if the amount of an income-based jobseeker’s allowance which would be payable for a period of less than a week is equal to or less than the proportion of the prescribed sum appropriate to the number of days in the part-week;
ii
shall be at a rate equal to the difference between the amount which would be payable for a period of less than a week and the prescribed sum where that amount would be more than the prescribed sum.
.
PART XII
SPECIAL CATEGORIES SHARE FISHERMEN, PERSONS OUTSIDE GREAT BRITAIN AND MEMBERS OF THE FORCES
Chapter I
Share Fishermen
Interpretation
156
In this Chapter —
“fishing boat” means a fishing vessel as defined by section 313 of the Merchant Shipping Act 1995 ;
“share fisherman” means any person who–
is ordinarily employed in the fishing industry otherwise than under a contract of service, as a master or member of the crew of any fishing boat manned by more than one person, and is remunerated in respect of that employment in whole or in part by a share of the profits or gross earnings of the fishing boat; or
has ordinarily been so employed, but who by reason of age or infirmity permanently ceases to be so employed and becomes ordinarily engaged in employment ashore in Great Britain, otherwise than under a contract of service, making or mending any gear appurtenant to a fishing boat or performing other services ancillary to or in connection with that boat and is remunerated in respect of that employment in whole or in part by a share of the profits or gross earnings of that boat and has not ceased to be ordinarily engaged in such employment;
and other expressions used in this Chapter, unless the context otherwise requires, have the same meanings as in the Social Security (Mariners' Benefits) Regulations 1975 .
Special provisions in respect of share fishermen
157
The Act and the foregoing provisions of these Regulations shall have effect in relation to share fishermen subject to the provisions of this Chapter.
Modifications of section 2
158
1
Section 2 (the contribution-based conditions) shall apply to share fishermen with the modifications set out in the following provisions of this regulation.
2
After the words “Class 1 contributions” in each place where they appear there shall be inserted the words “or special Class 2 contributions”.
3
In subsection (4) after the definition of “the relevant benefit year” there shall be inserted the following definition —
“special Class 2 contributions” means any Class 2 contributions paid by a share fisherman at the rate applicable to share fishermen in accordance with regulation 98(c) of the Social Security (Contributions) Regulations 1979 .
.
Modifications of sections 19 and 20
159
For the purposes of sections 19 and 20 (circumstances in which a jobseeker’s allowance is not payable) employment as a share fisherman shall be treated as employment as an employed earner.
Modification of section 35
160
The definition of “trade dispute” in section 35(1) (interpretation) shall apply to share fishermen with the effect that the owner (or managing owner if there is more than one owner) of a fishing boat shall be treated as the employer of any share fisherman (other than himself) ordinarily employed as master or member of the crew of, or making or mending any gear appurtenant to, or performing other services ancillary to or in connection with, that fishing boat, and any such share fisherman shall be treated as his employee.
Additional conditions for payment of a jobseeker’s allowance
161
1
It shall be an additional condition with respect to the payment of a jobseeker’s allowance to a share fisherman in respect of any week, that in respect of any period in that week when he has not worked as a share fisherman, he proves that he has not neglected to avail himself of a reasonable opportunity of employment as a share fisherman.
2
The following provisions shall apply for the purposes of the application of paragraph (1) —
a
work as a share fisherman within the meaning of paragraph (1) shall include any of the work specified in sub-paragraph (b) which at the time of its performance is necessary for the safety or reasonable efficiency of the fishing boat, or is likely to become so necessary in the near future, and which it is the duty of the share fisherman (whether by agreement, custom, practice or otherwise) to undertake without remuneration other than by way of a share in the profits or gross earnings of the fishing boat, but any other work done to the fishing boat or its nets or gear shall be disregarded; and
b
the work so included by sub-paragraph (a) is any work done to the fishing boat or its nets or gear by way of repairs (including running repairs) or maintenance, or in connection with the laying up of the boat and its nets and gear at the end of a fishing season or their preparation for a season’s fishing.
3
It shall be a further additional condition with respect to the payment of a contribution-based jobseeker’s allowance to a share fisherman in respect of any week that, where he is master or a member of the crew of a fishing boat of which either the master or any member of the crew is the owner or part owner, he must also prove that in respect of any period in that week when he was not working as a share fisherman, the fishing boat did not put to sea with a view to fishing for the reason —
a
that on account of the state of the weather the fishing boat could not reasonably have put to sea with a view to fishing; or
b
that the fishing boat was undergoing repairs or maintenance, not being repairs or maintenance to which paragraph (2) relates; or
c
that there was an absence of fish from any waters in which the fishing boat could reasonably be expected to operate; or
d
that any other good cause necessitated abstention from fishing.
Remunerative work
162
In determining the number of hours in which a person is engaged in remunerative work for the purposes of establishing entitlement to a contribution-based jobseeker’s allowance, no account shall be taken of any hours in which a person is engaged in work as a share fisherman.
Calculation of earnings
163
1
In the calculation of earnings derived from work as a share fisherman for the purposes of establishing entitlement to a contribution-based jobseeker’s allowance, the provisions of Part VIII (income and capital) shall apply subject to the following provisions of this regulation.
2
Regulation 95 (calculation of earnings of self-employed earners) shall be omitted.
3
For regulation 101 (calculation of net profit of self-employed earners) there shall be substituted the following regulation —
Calculation of earnings derived from work as a share fisherman
101
1
Earnings derived from employment as a share fisherman within the meaning of regulation 156 (interpretation) shall be calculated in accordance with the following provisions of this regulation.
2
Any such earnings shall be treated as paid in the benefit week in respect of which they are earned.
3
The amount of earnings to be taken into account in respect of any benefit week shall be the claimant’s share of the net profit derived from that work less —
a
an amount in respect of income tax and national insurance contributions under the Benefits Act calculated in accordance with regulation 102 (deduction of tax and contributions for self-employed earners); and
b
one-half of any premium paid in respect of a personal pension scheme.
4
Subject to paragraph (5), there shall be disregarded from a claimant’s weekly net profit —
a
£15; and
b
the amount of any earnings specified in paragraphs 4 and 15 of Schedule 6, if applicable.
5
Where a share fisherman has earnings from work other than work as a share fisherman, and an amount is disregarded from those earnings in accordance with paragraphs 9, 10, or 12 of Schedule 6 —
a
if the amount so disregarded is £15, paragraph (4)(a) shall not apply;
b
if the amount so disregarded is less than £15, the amount disregarded under paragraph (4)(a) shall not exceed the difference between the amount disregarded from those other earnings and £15.
6
For the purposes of paragraph (3), the net profit shall be calculated by taking into account the earnings less, subject to paragraphs (7) to (9), any expenses relevant to that benefit week which were wholly, exclusively and necessarily incurred for the purposes of that employment.
7
Subject to paragraph (8), no deduction shall be made under paragraph (6) in respect of —
a
any capital expenditure;
b
the depreciation of any capital asset;
c
any sum employed or intended to be employed in the setting up or expansion of the employment;
d
the repayment of capital on any loan taken out for the purposes of the employment;
e
any expenses incurred in providing business entertainment.
8
A deduction shall be made under paragraph (6) in respect of the repayment of capital on any loan used for —
a
the replacement in the course of business of equipment or machinery; and
b
the repair of an existing business asset except to the extent that any sum is payable under an insurance policy for its repair.
9
An adjudication officer shall refuse to make a deduction under paragraph (6) in respect of any expenses where he is not satisfied that the expense has been incurred or, having regard to the nature of the expense and its amount, that it has been reasonably incurred.
10
For the avoidance of doubt–
a
a deduction shall not be made under paragraph (6) in respect of any sum unless it has been incurred for the purposes of the business;
b
a deduction shall be made in respect of–
i
the excess of any VAT paid over VAT received in the benefit week;
ii
any expense incurred in the repair of an existing asset except to the extent that any sum is payable under an insurance policy for its repair;
iii
any payment of interest on a loan taken out for the purposes of the employment.
11
Notwithstanding the foregoing paragraphs, and adjudication officer may calculate earnings or expenditure over a period other than the benefit week if he considers it is reasonable to do so having regard to all the facts of the case and in particular whether the earnings earned or expenditure incurred in respect of a benefit week are usually high or low.
12
In this regulation “benefit week” has the same meaning as in regulation 164 (share fishermen: amount payable).
. (4) In regulation 102 (deduction of tax and contributions for self-employed earners) —
a
in paragraphs (1) and (2) — for the words “regulation 101(1)(b)(i)” there shall be substituted the words “regulation 101(3)(a)”;
b
in paragraph (3)(a) for the words “under paragraph (4)(a) or, as the case may be, (5)” there shall be substituted the words “under paragraph (6)”;
c
at the end of the regulation there shall be added the following paragraph–
4
For the purposes of paragraphs (1) and (2) the earnings to which the lower rate of tax is to be applied and the amount of personal relief deductible, the amount specified in section 11(4) of the Benefits Act, and the upper limit of profits and gains referred to in paragraph (2)(b), shall be apportioned pro rata according to the period over which the earnings are assessed in accordance with regulation 101.
.
Amount payable
164
1
The amount payable to a share fisherman by way of a contribution-based jobseeker’s allowance shall be calculated in accordance with regulations 79 to 81 (weekly amounts of contribution-based jobseekers allowance, deductions in respect of earnings and payments by way of pensions) and this regulation, and Part XI (part-weeks) shall not apply.
2
Regulations 79 to 81 shall apply in respect of share fishermen so that the amount payable is calculated by reference to earnings earned and pension payments received in the benefit week.
3
In this regulation “benefit week” means–
a
in respect of the week in which the claim is made, the period of 7 days beginning with the date of claim; and
b
in respect of any subsequent week, the period of 7 days beginning with the day after the last day of the previous benefit week.
Chapter II
Persons Outside Great Britain
Amendment of the Social Security Benefit (Persons Abroad) Regulations
165
1
Regulation 11 of the Social Security Benefit (Persons Abroad) Regulations 1975 (modification of the Act in relation to employment on the Continental Shelf) shall be amended in accordance with the following provisions of this regulation.
2
After paragraph (1) there shall be inserted the following paragraph–
1A
Where a claimant would be entitled to a contribution-based jobseeker’s allowance but for section 1(2)(i) of the Jobseekers Act 1995 (conditions of entitlement to a jobseeker’s allowance: requirement to be in Great Britain), he shall be entitled to a contribution-based jobseeker’s allowance notwithstanding his absence from Great Britain if —
a
the absence from Great Britain is due to his being or having been in prescribed employment in a designated area; or
b
subject to paragraph (2B), he is, in connection with prescribed employment–
i
in a prescribed area; or
ii
travelling between one prescribed area and another; or
iii
travelling between a designated area and a prescribed area; or
iv
travelling between Norway or a member State (including the United Kingdom) and a prescribed area.
.
3
In paragraph (2B) for the words “Paragraph (2A)” there shall be substituted the words “Paragraphs (1A) and (2A)”.
4
In paragraph (4) after the word “thereunder” there shall be inserted the words “, and the Jobseekers Act 1995 and regulations made thereunder”.
Amendment of the Social Security (Mariners' Benefits) Regulations
166
1
The Social Security (Mariners' Benefits) Regulations 1975 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2 for the words from “no day” to the end of the regulation there shall be substituted the words “he shall not be treated as available for employment on any day in that period of leave.”.
3
After regulation 4 there shall be inserted the following regulation–
Entitlement to a contribution-based jobseeker’s allowance for persons outside Great Britain
4A
1
Subject to paragraph (2), where a claimant would be entitled to a contribution-based jobseeker’s allowance but for section 1(2)(i) of the Jobseekers Act 1995 (conditions of entitlement to a jobseeker’s allowance: requirement to be in Great Britain), he shall be entitled to a contribution-based jobseeker’s allowance notwithstanding his absence from Great Britain if —
a
he is or has been employed as a mariner on board any ship or vessel, or is or has been under contract to travel at his employer’s expense for the purpose of commencing such employment, and
b
while so employed or under contract so to travel, he has been left outside Great Britain, and reports to the appropriate superintendent or consular officer or chief officer of customs not later than 14 days after being so left, or, if it is not reasonably practicable for him to report within 14 days, as soon as is reasonably practicable.
2
Paragraph (1) shall cease to apply to a claimant–
a
on his commencing or resuming employment outside Great Britain; or
b
on his being returned to the place to which regulation 6 of the Merchant Shipping (Repatriation) Regulations 1979 (place for return) requires him to be returned; or
c
where he is required to be returned under regulation 6 of the Merchant Shipping (Repatriation) Regulations 1979 but is not so returned, on the first day on which his return could reasonably have been expected.
.
4
In regulation 6 for paragraph (1) there shall be substituted the following paragraph —
1
A mariner or share fisherman employed as such on board any ship or vessel shall be treated as available for and actively seeking employment during any period when he is absent from Great Britain if he would be so available or actively seeking employment but for the fact that he is absent from Great Britain.
.
Modification of contribution conditions for volunteer development workers
167
Section 2 (the contribution-based conditions) shall apply with the modifications that after the words “Class 1 contributions” in each place where they appear there shall be inserted the words “or Class 2 contributions under Case G of Part VIII of the Social Security (Contributions) Regulations 1979 (volunteer development workers)”.
Chapter III
Members of the Forces
Amendment to the Social Security Benefit (Members of the Forces) Regulations
168
1
Regulation 3 of the Social Security Benefit (Members of the Forces) Regulations 1975 (unemployment benefit) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) for the words from “shall be disqualified” to the end of the paragraph there shall be substituted the words “shall be treated for the purposes of section 19 of the Jobseekers Act 1995 (circumstances in which a jobseeker’s allowance is not payable) as though he has lost his employment through misconduct.”.
3
For paragraph (2) there shall be substituted the following paragraph–
2
Section 19(6)(b) and (d) of the Jobseekers Act 1995 (jobseeker’s allowance not payable where claimant has voluntarily left employment or neglected to avail himself of a reasonable opportunity of employment) shall not apply to a claimant who whilst a serving member of the forces is discharged at his own request.
.
4
In paragraph (3) for the words “unemployment benefit” there shall be substituted the words “a jobseeker’s allowance”.
PART XIII
MISCELLANEOUS
Recovery of Maintenance
Recovery orders
169
1
Where an award of income-based jobseeker’s allowance has been made to a person (“the claimant”), the Secretary of State may apply to the court for a recovery order against the claimant’s spouse (“the liable person”).
2
On making a recovery order the court may order the liable person to pay such amount at such intervals as it considers appropriate, having regard to all the circumstances of the liable person and in particular his income.
3
Except in Scotland, a recovery order shall be treated for all purposes as if it were a maintenance order within the meaning of section 150(1) of the Magistrates Courts Act 1980 .
4
Where a recovery order requires the liable person to make payments to the Secretary of State, the Secretary of State may, by giving notice in writing to the court which made the order, the liable person, and the claimant, transfer to the claimant the right to receive payments under the order and to exercise the relevant rights in relation to the order.
5
In this regulation–
the expressions “the court” and “recovery order” have the same meanings as in section 23 of the Act; and
“the relevant rights” means, in relation to a recovery order, the right to bring any proceedings, take any steps or do any other thing under or in relation to the order.
Training Allowance
Persons in receipt of a training allowance
170
1
A person who is in receipt of a training allowance and who is not receiving training falling within paragraph (2) may be entitled to an income-based jobseeker’s allowance without —
a
being available for employment;
b
having entered into a jobseeker’s agreement; or
c
actively seeking employment.
2
Training falls within this paragraph if it is training for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible provided in England and Wales directly or indirectly by a Training and Enterprise Council pursuant to its arrangement with the Secretary of State (whether that arrangement is known as an Operating Agreement or by any other name) and, in Scotland, directly or indirectly by a Local Enterprise Company pursuant to its arrangement with, as the case may be, Scottish Enterprise or Highlands and Islands Enterprise (whether that arrangement is known as an Operating Contract or by any other name).
Trade Disputes
Trade disputes: exemptions from section 15 of the Act
171
Section 15(2) (trade disputes: effect on other claimants) shall not apply to a claimant during any period where —
a
a member of the claimant’s family is, or would be, prevented by section 14 from being entitled to a jobseeker’s allowance; and
b
that member is–
i
a child or young person; or
ii
incapable or work or within the maternity period, and for this purpose “the maternity period” means the period commencing at the beginning of the 6th week before the expected week of confinement and ending at the end of the 7th week after the week in which confinement takes place.
Trade disputes: prescribed sum
172
The prescribed sum for the purposes of section 15(2)(d) is £26.00.
Signed for the purposes of Parts II, IV and V and regulation 170 of the Regulations on behalf of the Secretary of State for Education and Employment.
Eric Forth
Minister of State,
Department for Education and Employment
1st February 1996
Signed for the purposes of the remainder of the Regulations on behalf of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
1st February 1996