Jobseeker's Allowance (Transitional Provisions) Regulations 1996
| Year | 1996 |
1996 No. 2567
SOCIAL SECURITY
The Jobseeker’s Allowance (Transitional Provisions) Regulations 1996
Made 10th October 1996
Laid before Parliament 14th October 1996
Coming into force 4th November 1996
The Secretary of State for Social Security, in exercise of powers conferred by sections 35(1), 36(2) to (5) and 40 of the Jobseekers Act 19951, and of all other powers enabling him in that behalf, by this instrument, which is made for the purpose only of consolidating other regulations revoked by these Regulations2, hereby makes the following Regulations:
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Jobseeker’s Allowance (Transitional Provisions) Regulations 1996 and shall come into force on 4th November 1996.
(2) In these Regulations—
“the Act” means the Jobseekers Act 1995;
“benefit week”—
(a) where the benefit is income support, has the meaning it has in the Income Support Regulations by virtue of regulation 2(1) of those Regulations;
(b) where the benefit is unemployment benefit, means a period of 7 days ending on the day corresponding to the particular day specified in a written notice last given him by the Secretary of State for the purpose of claiming unemployment benefit;
(c) where the benefit is a jobseeker’s allowance, has the same meaning it has in the Jobseeker’s Allowance Regulations by virtue of regulation 1(3) of those Regulations3;
“Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations 19874;
“day of unemployment” means a day which would, for the purposes of section 25A of the Benefits Act as in force on 6th October 19965, be treated as a day of unemployment;
“the Income Support Regulations” means the Income Support (General) Regulations 19876;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 19967;
“jobseeking period” has the meaning specified in regulation 2;
“period of interruption of employment” in relation to unemployment benefit has the same meaning in these Regulations as it had in the Benefits Act by virtue of section 25A of that Act as in force on 6th October 1996;
“the relevant day” means—
(a) in relation to income support, 6th October 1996; and
(b) in relation to unemployment benefit—
(i) except in a case to which head (ii) applies, 5th October 1996; or
(ii) where in any particular case 6th October 1996 is a day of unemployment, that day;
“training” means training for which a training allowance is payable;
“training allowance” means an allowance (whether by way of periodical grants or otherwise) payable—
(a) 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
(b) to a person for his maintenance or in respect of a member of his family; and
(c) 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 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 19738, or section 2 of the Enterprise and New Towns (Scotland) Act 19909or is training as a teacher;
“transitionally protected period” means the period specified in regulation 10;
“the Unemployment Benefit Regulations” means the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 198310.
(3) In these Regulations, unless the context otherwise requires a reference—
(a)
(a) to a numbered section is to the section of the Act bearing that number;
(b)
(b) to a numbered regulation is to the regulation in these Regulations bearing that number;
(c)
(c) in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number;
(d)
(d) in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.
(4) For the avoidance of doubt, a person complies with any requirement or provision of these Regulations if he is treated as complying with that requirement or provision.
Jobseeking Period
2.—(1) For the purposes of these Regulations, but subject to the following provisions of this regulation, 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) a claimant does not satisfy any of the requirements in section 1(2)(a) to (c); and
(b)
(b) a jobseeker’s allowance is payable to him on the grounds that the adjudication officer is satisfied that unless a jobseeker’s allowance is paid to the claimant he or a member of his family will suffer 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) Any period in which a claimant is entitled to a jobseeker’s allowance in accordance with regulation 13(3) 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) and (e) to (i) of subsection (2) of section 1.
(4) The following periods shall not be, or be part of, a jobseeking period—
(a)
(a) any period in respect of which no claim for a jobseeker’s allowance has been made or treated as made;
(b)
(b) such period as falls before the day on which a claim for a jobseeker’s allowance is made or is 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)
(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)
(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 on the ground that the claimant failed to comply with requirements imposed by regulations made under section 8(1) (attendance, information and evidence),
the period beginning with the date in respect of which, in accordance with any such regulations, 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)
(e) any week in which a claimant is not entitled to a jobseeker’s allowance in accordance with section 14 (trade disputes).
Linking Periods
3.—(1) For the purposes of these Regulations, two or more jobseeking periods shall be treated as one jobseeking period where they are separated by a period comprising only—
(a)
(a) any period of not more than 12 weeks;
(b)
(b) a linked period;
(c)
(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)
(d) a period in respect of which the claimant is summoned to jury service and is required to attend court.
(2) Linked periods for the purposes of these Regulations are any of the following periods—
(a)
(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)
(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 Act11;
(c)
(c) any period throughout which the claimant was entitled to a maternity allowance under section 35 of the Benefits Act;
(d)
(d) any period throughout which the claimant was engaged in training;
(e)
(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.
(3) For the purpose of paragraph (4) a day of unemployment shall form part of a period of interruption of employment if a jobseeking period begins within 6 days of that day.
(4) Any period of interruption of employment which ends within 8 weeks of the commencement of a jobseeking period as described in regulation 2(1) shall be treated, for the purposes of this regulation, as a jobseeking period.
(5) A period of entitlement to an 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.
Termination and Cancellation of Awards of Income Support
4.—(1) An award of income support current in the benefit week which includes the relevant day ( “the current benefit week”) shall terminate immediately before the beginning of the benefit week which follows the current benefit week—
(a)
(a) where—
(i) the person entitled was required to satisfy the provisions of section 124(1)(d)(i) of the Benefits Act (available for and actively seeking employment) as in force on the relevant day; and
(ii) but for any provision of the Act and these Regulations, the award would have continued beyond the current benefit week; or
(b)
(b) where the person—
(i) is not required, in accordance with regulation 8 of, and Schedule 1 to, the Income Support Regulations to be...
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