Legalize / United Kingdom / Statutory-Instrument

The Jobseeker’s Allowance Regulations 1996

Type Statutory-Instrument

Publication 1996-02-01

Last updated 2026-04-06

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

“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 paragraphs (2) and (2A) 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;

(aa) for any period for which he is treated as available for employment under regulation 14(1)(aa) (traineeships);

(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) for any period if he is treated as available for employment to any extent in that period under regulation 14(1)(h);

(j) if the award is terminated other than on the last day of a week, for the period beginning with the beginning of the week in which the award is terminated and ending on the day on which 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 Scottish Ministers, 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 or as not having limited capability for work in accordance with regulation 55;

(lzl) in any week during which he is treated as capable of work or as not having limited capability for work under regulation 55ZA unless it would be reasonable for him to take steps in that week to seek employment and he has not taken such steps;

(ll) in any week during which he is for not less than 3 days treated as capable of work or as not having limited capability for work in accordance with regulation 55A;

(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 other than a joint-claim 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;

(nn) if he is a member of a joint-claim 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 20E, 20F, 20G or 20I 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) or (2ZA);

(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 (other than Work Experience) 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—,

(aa) is established by virtue of arrangements made by Skills Development Scotland, Scottish Enterprise or Highlands and Islands Enterprise under section 2(3) of the Enterprise and New Towns (Scotland) Act 1990 or

(bb) is directly or indirectly provided by, or with financial assistance from, the Secretary of State,

(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 Homes and Communities 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.

(s) for any period if he is treated as available for employment to any extent in that period under regulation 14(l)(o).

(t) if he is temporarily absent from Great Britain in the circumstances prescribed in regulation 50(6B)(a) or (c), for the period of any such temporary absence.

(u) if he is temporarily absent from Great Britain in the circumstances prescribed in regulation 50(6AA) or, as the case may be (6C).

(v) in any week during which he is, for not less than three days, required to attend a court or tribunal as a justice of the peace, a party to any proceedings, a witness or a juror;

(w) if, for a maximum of 96 hours before being released, he is in—

(i) police detention within the meaning in section 118(2) of the Police and Criminal Evidence Act 1984 (general interpretation), or

(ii) legal custody within the meaning in section 295 of the Criminal Procedure (Scotland) Act 1995 (legal custody in Scotland) but is not a prisoner as defined by regulation 85(4) (special cases).

(x) in any week during which he is treated as available for employment under regulation 14A.

(y) in any week during which he is engaged for not less than 3 days in training as a member of a reserve force prescribed in Part 1 of Schedule 6 to the Contributions Regulations, either—

(i) if he is engaged in his first year of training, for a maximum of 43 days in that year; or

(ii) if he is engaged in annual continuous training, for a maximum of 15 days in any calendar year.

(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.

(2A) A person shall not be treated as actively seeking employment under paragraph (1)(v)—

(a) for more than eight weeks,

(b) where he does not, before the period during which he is required to attend the court or tribunal, give an employment officer notice, in writing where requested by the employment officer, that he is so required, or

(3) In this regulation–

“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;

“tribunal” means any tribunal listed in Schedule 1 to the Tribunals and Inquiries Act 1992;

“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

(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

(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: permitted period

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 participate in an interview in such manner, time and place as an employment officer may specify by a notification which is given or sent to the claimant and which may be in writing, by telephone or by electronic means.

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.

(1A) A member of a joint-claim couple shall provide such information as to the circumstances of each or either member of a couple, the availability for employment of each or either member of the couple and the extent to which each or either member of the couple is actively seeking employment as may be required by the Secretary of State in order to determine the entitlement of the couple to a jobseeker’s allowance, whether that allowance is payable to the couple 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, and in this paragraph “couple” does not include a joint-claim couple.

(3A) Where entitlement to a joint-claim jobseeker’s allowance or whether that allowance is payable and, if so, in what amount, is or may be affected by the circumstances of any member of a polygamous marriage, the Secretary of State may require either member of the joint-claim couple to certify in writing that any member of the polygamous marriage confirms the information given about that member’s 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.

(5A) A member of a joint-claim couple shall furnish such certificates, documents and other evidence affecting the continuing entitlement of the couple to a jobseeker’s allowance, whether that allowance is payable to the couple 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) 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 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 ... 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, in the case of a joint-claim couple, the entitlement of the couple to a joint-claim 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 of the change to an office of the Department for Work and Pensions specified by the Secretary of State—

(i) in writing or by telephone (unless the Secretary of State determines in any particular case that notice must be in writing or may be given otherwise than in writing or by telephone); or

(ii) in writing if in any class of case he requires written notice (unless he determines in any particular case to accept notice given otherwise than in writing).

(8) Where, pursuant to paragraph (1),(1A) or (2), a claimant is required to provide information he shall do so at the time he is required to participate in an interview in accordance with a notification under regulation 23 or 23A, 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)..., 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.

(9A) Where, pursuant to paragraph (5) or (5A), a claimant is required to provide certificates, documents or other evidence, he shall do so within the period applicable under regulation 17(4) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999.

(10) Where, pursuant to paragraph (6), a claimant is required to provide a signed declaration he shall provide it at the time he is required to participate in an interview in accordance with a notification under regulation 23 or 23A or on such other day as the Secretary of State may require.

(11) In this regulation, references to the “Secretary of State" include a reference to persons designated as employment officers by an Order made by the Secretary of State under section 8(3) of the Jobseekers Act 1995.

Entitlement ceasing on a failure to comply

25

(1) Entitlement to a jobseeker’s allowance shall cease in the following circumstances—

(a) if a claimant fails to participate in an interview on the day specified in a relevant notification, and fails to make contact with an employment officer in the manner set out in that notification before the end of the period of five working days beginning with the first working day after the day on which the claimant failed to attend;

(b) if–

(i) that claimant makes contact with an employment officer on the day specified in the relevant notification but fails to participate in an interview at the time specified in that notification, and the Secretary of State has informed that claimant in writing that a failure to participate in an interview, on the next occasion on which he is required to participate in an interview at the time specified in such a notification may result in his entitlement to a jobseeker’s allowance ceasing or the benefit not being payable for a period, and

(ii) he fails to participate at the time specified in such a notification on the next occasion; and

(iii) that claimant fails to make contact with an employment officer in the manner set out in such a notification before the end of the period of five working days beginning with the first working day after the day on which that claimant failed to participate at the time specified;

(c) subject to regulation 27, if that 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).

(1A) In this regulation and in regulations 27A, 28 and 30—

“relevant notification” means a notification under regulation 23 or 23A, other than a notification requiring attendance under an employment programme or a training scheme , under a scheme prescribed in regulation 3 of the Jobseeker's Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013, under a scheme prescribed in regulation 3 of the Jobseekers Allowance (18 - 21 Work Skills Pilot Scheme) Regulations 2014, under a scheme prescribed in regulation 3 of the Jobseeker’s Allowance (Supervised Jobsearch Pilot Scheme) Regulations 2014 , under the Employment, Skills and Enterprise Scheme or under the Mandatory Work Activity Scheme;

“working day” means any day on which the appropriate office is not closed.

(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 that claimant has provided information or evidence which shows that he continues to be entitled to a jobseeker’s allowance,

(b) if regulation 25(1)(a) or (b) applies, the day on which he was required to participate in an interview, and

provided that it shall not cease earlier than the day after he last participated in an interview in compliance with a notification under regulation 23 or 23A.

Where entitlement is not to cease

27

Entitlement to a jobseeker’s allowance is not to cease by virtue of regulation 25(1)(c) if, before the end of the period of five working days beginning with the first working day after the day on which a claimant (“C”) failed to provide a signed declaration in accordance with regulation 24(10), C makes contact with an employment officer in the manner set out in a notification under regulation 23 or 23A and shows that C had a good reason for the failure.

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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Matters to be taken into account in determining whether a claimant has good cause for failing to comply with a notice under regulation 23

29

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Circumstances in which a claimant is to be regarded as having good cause for failing to comply with a notification under regulation 23

30

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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, 13A 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 the Secretary of State;

(ii) to seek a revision or supersession of any determination of, or direction given by, the Secretary of State; and

(iii) to appeal to a an appeal tribunal against any determination of, or direction given by, the Secretary of State following a revision or supersession .

(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 Secretary of State 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 Secretary of State 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 Secretary of State 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 Secretary of State 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 Secretary of State under section 9;

(b) any direction given by the Secretary of State 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 Work and Pensions, 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.

(e) where the claimant was in receipt of a training allowance and was, in accordance with regulation 170, entitled to an income-based jobseeker’s allowance without being available for employment, having entered into a jobseeker’s agreement or actively seeking employment, for the period beginning with the date on which regulation 170 ceased to apply to him 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.

(f) if he is temporarily absent from Great Britain in the circumstances prescribed in regulation 50(6B)(a) or (c), for the period of any such temporary absence.

(g) in any period during which he is treated as available for employment under regulation 14A if the claimant has not entered into a jobseeker’s agreement before that period begins.

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 the Secretary of State 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) the Secretary of State has directed under regulation 37(1A) of the Claims and Payments Regulations that payment under an award be suspended for a definite or indefinite period on the ground that a question arises whether the conditions for entitlement to that allowance are or were fulfilled or the award ought to be revised,

(ii) subsequently that suspension expires or is cancelled in respect of a part only of the period for which it has been in force, 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 all or any part of the period between the start of the period over which the award has been suspended and the date when the suspension expires or is cancelled; 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) the Secretary of State 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 Secretary of State under section 10;

(b) any direction of the Secretary of State under section 10.

Procedure for Reviews

41

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

42

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

43

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals to the Commissioner

44

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appropriate person

45

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 , employment and support allowance , carer’s allowance or carer support payment 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); or

(c) a joint-claim couple are entitled to a joint-claim jobseeker’s allowance in respect of themselves and that paragraph of that Schedule has already applied to one member of that couple in respect of a jobseeking period which is linked to a jobseeking period relating to that member which has commenced by virtue of his having claimed a jobseeker’s allowance as a member of that couple;

(d) a joint-claim couple have claimed a jobseeker’s allowance jointly within 12 weeks of either member of that couple being entitled to a jobseeker’s allowance, income support, incapacity benefit , employment and support allowance , carer’s allowance or carer support payment;

(e) a member of a joint-claim couple is both in receipt of a training allowance and the nominated member for the purposes of section 3B.

(2) In the case of a person to whom paragraph 4 of Schedule 1 to the Act applies, the number of days is 7.

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), or, where the claimant is a member of a joint-claim couple, a jobseeker’s allowance is payable in accordance with Part IXA (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.

(2A) Any period in which a claimant is entitled to a jobseeker’s allowance in accordance with regulation 11(3) of the Jobseeker’s Allowance (Transitional Provisions) Regulations 1995 shall, for the purposes of paragraph (1), be treated as a period in which he satisfies the conditions specified in paragraphs (a) to (c) and (e) to (i) 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 ...;

(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).

(f) subject to regulation 2A, any period in respect of which the claimant is not entitled to a jobseeker’s allowance because section 1(1A) of the Administration Act (requirement to state national insurance number) applies.

(4) For the purposes of section 5 (duration of a contribution-based jobseeker’s allowance) any day—

(a) which falls within a jobseeking period and either;

(i) 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

(ii) on which a contribution-based jobseeker’s allowance is not payable to the claimant by virtue of section 19 or 19A or regulation 69B or on which the claimant is a member of a joint-claim couple and a joint-claim jobseeker’s allowance is not payable or is reduced because he is subject to sanctions by virtue of section 19 or 19A or regulation 69B or by virtue of a restriction imposed pursuant to ... section 6B, 7, 8 or 9 of the Social Security Fraud Act 2001 (loss of benefit provisions); or

(c) which falls within a period which is treated as a period in which the claimant satisfies the conditions specified in paragraphs (a) to (c) of subsection (2) of section 1, in accordance with paragraph (2),

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) linked period;

(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 for jury service and is required to attend court.

(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 a carer’s allowance under section 70 of the Benefits Act or carer support payment;

(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 ;

(bb) any period throughout which the claimant has, or is treated as having, limited capability for work for the purposes of Part 1 of the Welfare Reform Act;

(c) any period throughout which the claimant was entitled to a maternity allowance under section 35 or 35B of the Benefits Act;

(d) any period throughout which the claimant was engaged in training for which a training allowance is payable.

(e) a period which includes 6th October 1996 during which the claimant attends court in response to a summons for jury service and which was immediately preceded by a period of entitlement to unemployment benefit.

(f) any period throughout which the claimant was participating—

(i) in the Self-Employed Employment Option of the New Deal as specified in regulation 75(1)(a)(ii)(aa);

(ii) in the Voluntary Sector Option of the New Deal specified in regulation 75(1)(a)(ii)(bb), in the Environment Task Force Option of the New Deal specified in regulation 75(1)(a)(ii)(cc or in the Intensive Activity Period specified in regulation 75(1)(a)(iv) and was not entitled to a jobseeker’s allowance because, as a consequence of his participation, the claimant was engaged in remunerative work or failed to satisfy the condition specified either in section 2(1)(c) or in section 3(1)(a).

(g) any period throughout which the claimant was participating in an employment zone programme and was not entitled to a jobseeker’s allowance because, as a consequence of his participation in that programme, he was engaged in remunerative work or failed to satisfy the condition specified in section 2(1)(c) or in section 3(1)(a).

(2A) A period is a linked period for the purposes of section 2(4)(b)(ii) of the Act only where it ends within 12 weeks or less of the commencement of a jobseeking period or of some other linked period.

(3) A period of entitlement to carer’s allowance or carer support payment 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) Subject to paragraph (5), 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 qualifying age for state pension credit 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), (4) and (4A), any days to which paragraph (1) applies and in respect of which the person does not satisfy or is not treated in accordance with regulation 14, 16, 17, 19, 20, 21 or 34 as satisfying the conditions specified in paragraphs (a) to (c) of subsection (2) of section 1 (conditions of entitlement to a jobseeker’s allowance), shall be days on which the person is treated as satisfying the condition in paragraphs (a) to (c) and (e) to (i) of subsection (2) of section (1).

(3) Where a person–

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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).

(4A) Any day which, for the purposes of Part 1 of the Welfare Reform Act, is a day where the person has limited capability for work falling within a period of limited capability for work shall not be a day on which the person is treated as satisfying the conditions referred to in paragraph (2).

(5) This regulation shall not apply in respect of any days in respect of which a joint-claim jobseeker’s allowance has been claimed.

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) ; and

(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

(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

(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.

(5A) The circumstances specified in this paragraph are that—

(a) the claimant was present in a country or territory outside Great Britain immediately before His Majesty’s Government—

(i) provided public information to advise British nationals to leave that country or territory, or

(ii) arranged the evacuation of British nationals from that country or territory;

(b) paragraphs (1)(a) or (b), (6), (6AA), (6A), (6B), (6C) or (6D) applied to the person when the public information was issued or the evacuation began;

(c) the Secretary of State is satisfied that it would be unreasonable to expect the claimant to return, or have returned, to Great Britain; and

(d) the claimant did not enter that country or territory when His Majesty’s Government’s public information was to advise British nationals to leave that country or territory.

(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.

(6AA) 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 if—

(a) he was entitled to a jobseeker’s allowance immediately before the beginning of that period of temporary absence; and

(b) that period of temporary absence is for the purpose of the claimant receiving treatment at a hospital or other institution outside Great Britain where the treatment is being provided—

(i) under section 6(2) of the Health Service Act (performance of functions outside England) or section 6(2) of the Health Service (Wales) Act (performance of functions outside Wales);

(ii) pursuant to arrangements made under section 12(1) of the Health Service Act (Secretary of State’s arrangements with other bodies), section 10(1) of the Health Service (Wales) Act (Welsh Minister’s arrangements with other bodies), paragraph 18 of Schedule 4 to the Health Service Act (joint exercise of functions) or paragraph 18 of Schedule 3 to the Health Service (Wales) Act (joint exercise of functions); or

(iii) under any equivalent provision in Scotland or pursuant to arrangements made under such provision.

(6A) A member of a joint-claim couple shall be treated, for the purposes of the Act, as being in Great Britain where he is a member of a transitional case couple as defined for the purposes of paragraph 8A(2) of Schedule 1 to the Act and, as at the date on which Schedule 7 to the Welfare Reform and Pensions Act 1999 comes into force—

(a) he is temporarily absent from Great Britain; or

(b) he has made definite arrangements to be temporarily absent from Great Britain from some future date,

and that member shall be so treated during any such period of temporary absence from Great Britain.

(6B) A member of a joint-claim couple shall be treated, for the purposes of the Act, as being in Great Britain during any period of temporary absence from Great Britain—

(a) not exceeding 4 weeks where he is in Northern Ireland and the period of absence is unlikely to exceed 52 weeks;

(b) not exceeding 4 weeks where he is in receipt of a training allowance during the period of absence and regulation 170 applies in his case; or

where that member is so temporarily absent as at the date of claim by the other member of that couple.

(6C) For the purposes of the Act a member of a joint-claim couple (“the first member”) shall be treated as being in Great Britain during any period of temporary absence if—

(a) he and the other member of that couple were entitled to a joint-claim jobseeker’s allowance immediately before the beginning of that period of temporary absence; and

(b) that period of temporary absence is for the purpose of the claimant receiving treatment at a hospital or other institution outside Great Britain where the treatment is being provided—

(i) under section 6(2) of the Health Service Act (performance of functions outside England) or section 6(2) of the Health Service (Wales) Act (performance of functions outside Wales);

(ii) pursuant to arrangements made under section 12(1) of the Health Service Act (Secretary of State’s arrangements with other bodies), section 10(1) of the Health Service (Wales) Act (Welsh Minister’s arrangements with other bodies), paragraph 18 of Schedule 4 to the Health Service Act (joint exercise of functions) or paragraph 18 of Schedule 3 to the Health Service (Wales) Act (joint exercise of functions); or

(iii) under any equivalent provision in Scotland or pursuant to arrangements made under such provision.

(6D) For the purposes of the Act, a person (“P”) shall be treated as being in Great Britain during any period of temporary absence from Great Britain not exceeding 15 days where—

(a) P’s absence is for the purpose of taking part in annual continuous training as a member of any ... reserve force prescribed in Part 1 of Schedule 6 to the Contributions Regulations; and

(b) P or P’s partner was entitled to a jobseeker’s allowance immediately before the period of absence began.

(6E) Where a person is temporarily absent from Great Britain, except where the circumstances in paragraphs (6AA), (6A) or (6C) apply, the total period of absence where the person is treated as present in Great Britain will not exceed 26 weeks.

(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 a 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;

(c) in the case of a non-dependant, or of a child or young person to whom paragraph 18 of Schedule 6 refers, 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 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 a 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 suppression, 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;

(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 , pension age disability payment ... , the care component of disability living allowance at the highest or middle rate the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations , the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025, ... the daily living component of personal independence payment at the standard or enhanced rate , or the daily living component of adult disability payment at the standard or enhanced rate, armed forces independence payment; or

(ii) a person who has claimed an attendance allowance , pension age disability payment ... , disability living allowance , Scottish adult disability living allowance, child disability payment, armed forces independence payment , personal independence payment or adult disability payment, 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 and is in receipt of a carer’s allowance under Section 70 of the Benefits Act or carer support payment or;

(iv) a person who has claimed either attendance allowance , pension age disability payment or disability living allowance and has an award of attendance allowance , pension age disability payment or the care component of disability living allowance at one of the two higher rates prescribed under section 72(4) of the Benefits Act for a period commencing after the date on which that claim was made; or

(iva) a person who has claimed child disability payment and has an award of the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations for a period commencing after the date on which the claim was made;

(v) a person who has claimed personal independence payment and has an award of the daily living component at the standard or enhanced rate under section 78 of the 2012 Act for a period commencing after the date on which that claim was made; or

(va) a person who has claimed adult disability payment and has an award of the daily living component at the standard or enhanced rate under regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022 for a period commencing after the date on which that claim was made or;

(vi) a person who has claimed and has an award of armed forces independence payment for a period commencing after the date on which that claim was made.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Persons treated as engaged in remunerative work

52

(1) Except in the case of a person on maternity leave , paternity leave, adoption leave , shared parental leave , parental bereavement leave , neonatal care 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 a good reason or by reason of a recognised, customary or other holiday.

(2) For the purposes of an income-based jobseeker’s allowance but not a joint-claim 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.

(2A) For the purposes of a joint-claim jobseeker’s allowance, a member of a joint-claim couple shall be treated as engaged in remunerative work where—

(a) he is or was involved in a trade dispute;

(b) had the joint-claim couple of which he is a member claimed a jobseeker’s allowance jointly, section 14 (trade disputes) would have applied in the case of one or both members of that couple; and

(c) the joint-claim couple were not entitled to a joint-claim jobseeker’s allowance when that member of the joint-claim couple 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 commenced at that member’s place of employment or, if there was no stoppage of work, the date on which that member first withdrew his labour in furtherance of the trade dispute.

(3) Subject to paragraph (3A), a person who was, or was treated as being, engaged in remunerative work and in respect of that work earnings to which 98(1)(c) (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.

(3A) Paragraph (3) shall not apply to earnings disregarded under paragraph 1 of Schedule 6 to these regulations.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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) and in this paragraph “volunteer” means a person who is engaged in voluntary work, otherwise than for a relative, where the only payment received, or due to be paid to the person by virtue of being so engaged, is in respect of any expenses reasonably incurred by the person in connection with that work;

(b) he is engaged on a scheme for which a training allowance is being paid;

(bb) he is receiving assistance under the self-employment route;

(i) is in employment;

(ii) lives in, or is temporarily absent from a care home, an Abbeyfield Home or an independent hospital; and

(iii) requires personal care by reason of old age, disablement, past or present dependence on alcohol or drugs, past or present mental disorder or a terminal illness.

(d) he is engaged in employment as–

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ia) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ib) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) a part-time fire-fighter employed by a fire and rescue authority under the Fire and Rescue Services Act 2004 or by the Scottish Fire and Rescue Service established under section 1A of the Fire (Scotland) Act 2005;

(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 ... reserve force prescribed in Part I of Schedule 6 to the Social Security (Contributions) Regulations 2001;

(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;

(fa) he is engaged in caring for a person who is provided with continuing care by a local authority by virtue of arrangements made under section 26A of the Children (Scotland) Act 1995 and is in receipt of a payment made under that section of that Act;

(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;

(gg) he is—

(i) a member of a joint-claim couple; and

(ii) involved in a trade dispute; and

(iii) not a person to whom regulation 52(2A) applies,

and had the joint-claim couple of which he is a member claimed a jobseeker’s allowance jointly, section 14 (trade disputes) would have applied in the case of one or both members of that couple;

(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 of 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.

(i) he is engaged in an activity in respect of which—

(i) a sports award had been made, or is to be made, to him; and

(ii) no other payment is made or is expected to be made to him.

(k) he is engaged in the programme known as Work Experience.

(l) he is participating in the Mandatory Work Activity Scheme.

(m) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(m) he is participating in a scheme prescribed in regulation 3 of the Jobseeker's Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013.

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 shall be treated as receiving full-time education where he is a qualifying young person or child within the meaning of section 142 of the Benefits Act (child and qualifying young person).

(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.

(4A) A young person who is participating in a traineeship shall not be treated as receiving relevant education;.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Short periods of sickness

55

(1) Subject to the following provisions of this regulation, a person who–

(a) has been awarded a jobseeker’s allowance...; and

(b) proves to the satisfaction of the Secretary of State that he is unable to work on account of some specific disease or disablement; and

(c) during the period of 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 or not having limited capability for work),

shall be treated for a period of not more than 2 weeks as capable of work or as not having limited capability for 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, employment and support allowance, universal credit, 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) Paragraph (1) does 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) Paragraph (1) does not apply to any person where the first day in respect of which they are unable to work falls within eight weeks beginning with the day the person ceased to be entitled to statutory sick pay.

(5) Paragraph (1) does not apply to a claimant who is temporarily absent from Great Britain in the circumstances prescribed by regulation 50(6AA) or, as the case may be, (6C).

(6) Paragraph (1) does not apply to any person—

(a) during any period where the person is treated as capable of work or as not having limited capability for work under regulation 55ZA (extended period of sickness); or

(b) where the first day in respect of which that person would, apart from this sub-paragraph, have been treated as capable of work or as not having limited capability for work under this regulation falls immediately after the last day on which the person is so treated under regulation 55ZA.

(7) For the purposes of calculating the number of occasions under paragraph (3), any occasion to which regulation 55ZA applies to the claimant is to be disregarded.

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$where—A is the age-related amount applicable to the claimant in accordance with section 4(2); andD is any amount disregarded from the claimant’s earnings in accordance with regulation 99(2) (calculation of net earnings of employed earners) or regulation 101(2) (calculation of net profit of self-employed earners) and Schedule 6.$

(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–

...

“child benefit extension period” means the extension period within the meaning of regulation 5(3) of the Child Benefit (General) Regulations 2006 (extension period: 16 and 17 year olds).

“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 secured by the Secretary of State... or by the Welsh Ministers and, in Scotland, provided, directly or indirectly by a Local Enterprise Company pursuant to its arrangement with, as the case may be, Skills Development Scotland, Scottish Enterprise or Highlands and Islands Enterprise (whether that arrangement is known as an Operating Contract or by any other name);

“young person” means a person—

who has reached the age of 16 but not the age of 18;

who does not satisfy the conditions in section 2 or whose entitlement to a contribution-based jobseeker’s allowance has ceased as a result of section 5(1); and

who is not a person to whom section 6 of the Children (Leaving Care) Act 2000 (exclusion from benefits) applies

(2) A young person falls within this paragraph if he is

(a) a member of a married couple or of a civil partnership where the other member of that couple or civil partnership

(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;

(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) in England and Wales 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...

(bb) in custody in any institution to which the Prison Act 1952 applies or under the Prisons (Scotland) Act 1989; or

(cc) in Scotland, in the care of a local authority under a relevant enactment and whilst in that care was not living with his parents or any close relative.

(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) in England and Wales, any reference in this regulation to a person acting in place (b) of a person’s parents includes a reference to—

(i) 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; or

(ii) in any other case, any person with parental responsibility for the child, and for this purpose “parental responsibility” has the meaning it has in the Children Act 1989 by virtue of section 3 of that Act; and

(b) in Scotland, any reference in this regulation to a person acting in place of a person’s parents includes a reference to a local authority or voluntary organisation where the person is in its care under a relevant enactment, or to a person with whom the person is boarded out by a local authority or voluntary organisation whether or not any payment is made by it.

(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 11
Paragraph 12	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) or 3A(1)(e)(ii) 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) or section 3A(1)(e)(ii) (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—

(i) Part 3 of the Children Act 1989 (local authority support children and families), or

(ii) Part 4 (meeting needs) or 6 (looked after and accommodated children) of the Social Services and Well-being (Wales) Act 2014, 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.

(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 ... 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) or section 3A(1)(e)(i) 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) of this paragraph, and who registers with Jobcentre Plus in accordance with regulation 62(2)(a); and

(e) to whom section 3(1)(f)(ii) or section 3A(1)(e)(i) 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) of this paragraph, and who registers with Jobcentre Plus in accordance with regulation 62(2)(b).

(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(2)(c) or (d) or section 19A(2)(d), (e), (f) or (g) read with regulation 68 or reduced in accordance with section 19(2)(a) or (b) read with Part V.

(g) who has limited capability for work for the purposes of Part 1 of the Welfare Reform Act.

(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), (c) or (g) is the period until the day before that person attains the age of 18 or until paragraph 1(b), (c) or (g) 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 Jobcentre Plus and ending on the day on which the person is next due to attend in accordance with regulation 23 or regulation 23A 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 Jobcentre Plus and ending five days after that date or on the day after the day on which he registered with a person other than Jobcentre Plus specified by the Secretary of State for the purposes of regulation 62(1), 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) or section 3A(1)(e)(i) or (ii) applies other than one falling within regulation 61(1)(a) or (f), must register with such person as the Secretary of State may specify for both employment and training.

(2) A young person must register with Jobcentre Plus for both employment and training where the Secretary of State has specified a person other than Jobcentre Plus for the purposes of paragraph (1) and—

(a) the young person is unable to register with that person because of an emergency affecting that person such as a strike or fire, or

(b) the young person would suffer hardship because of the extra time it would take to register with that person.

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, if he is a single person or a lone parent, a sum equal to 40% of the amount applicable in his case by way of a personal allowance determined in accordance with paragraph 1(1) or 1(2) of Schedule 1 (as the case may be) or, if he is a member of a couple, a sum equal to 40% of the amount which would have been applicable in his case if he had been a single person determined in accordance with paragraph 1(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(2)(a) or (b) or section 19A(2)(c) to (g) and he has—

(i) failed to pursue an opportunity of obtaining training without showing a good reason for doing so,

(ii) rejected an offer of training without showing a good reason 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;

(i) done an act or omission falling within section 16(3)(b)(i) or (ii) and has not shown a good reason for doing so or done an act or omission falling within section 19A(2)(d) or (e) or failed to attend a training scheme or employment programme ... without a good reason or done an act or omission falling within section 19A(2)(d) or (e) or failed to attend a training scheme or employment programme ... for which he was regarded as having a good reason in accordance with regulation 67(1) and

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.

The Jobseeker’s Allowance Regulations 1996

Circumstances in which a person is to be treated as actively seeking employment

19

Further circumstances in which a person is to be treated as actively seeking employment: permitted period

20

Further circumstances in which a person is to be treated as actively seeking employment: permitted period

21

Interpretation of certain expressions for the purposes of regulations 18(3)(f)(i) and 19(1)(d)

22

Chapter IV — Attendance, Information and Evidence

Attendance

23

Provision of information and evidence

24

Entitlement ceasing on a failure to comply

25

Time at which entitlement is to cease

26

Where entitlement is not to cease

27

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

Matters to be taken into account in determining whether a claimant has good cause for failing to comply with a notice under regulation 23

29

Circumstances in which a claimant is to be regarded as having good cause for failing to comply with a notification under regulation 23

30

Chapter V — Jobseeker’s Agreement

Contents of Jobseeker’s Agreement

31

Back-dating of a Jobseeker’s Agreement by an Adjudication Officer

32

Notification of Determinations and Directions under Section 9

33

Jobseeker’s Agreement treated as having been made

34

Automatic Back-dating of Jobseeker’s Agreement

35

Jobseeker’s Agreement to remain in effect

36

Variation of Jobseeker’s Agreement

37

Direction to vary Agreement: time for compliance

38

Variation of Agreement: matters to be taken into account

39

Notification of Determinations and Directions under Section 10

40

Procedure for Reviews

41

Appeals to Social Security Appeal Tribunal

42

Direction of Social Security Appeal Tribunal: time limit for compliance

43

Appeals to the Commissioner

44

Appropriate person

45

PART III — OTHER CONDITIONS OF ENTITLEMENT

Waiting Days

46

Jobseeking Period

47

Linking Periods

48

Persons approaching Retirement and the Jobseeking Period

49

Persons temporarily absent from Great Britain

50

Remunerative Work

51

Persons treated as engaged in remunerative work

52

Persons treated as not engaged in remunerative work

53

Relevant education

54

Short periods of sickness

55

Prescribed amount of earnings

56