The Jobseeker’s Allowance (Members of the Reserve Forces) Regulations 2012

Amendment of the Jobseeker’s Allowance Regulations 1996

2.—(1) The Jobseeker’s Allowance Regulations 1996(1) are amended as follows.

(2) In regulation 1(3) (citation, commencement and interpretation)(2), after the definition of “concessionary payment”, insert—

““the Contributions Regulations” means the Social Security (Contributions) Regulations 2001(3);”.

(3) In regulation 14(1) (circumstances in which a person is to be treated as available)(4), after sub-paragraph (u) add—

“(v) if he is engaged in annual continuous training as a member of any territorial or reserve force prescribed in Part 1 of Schedule 6 to the Contributions Regulations, for a maximum of 15 days in any calendar year.”.

(4) In regulation 19(1) (circumstances in which a person is to be treated as actively seeking employment)(5), after sub-paragraph (x) add—

“(y) in any week during which he is engaged for not less than 3 days in annual continuous training as a member of any territorial or reserve force prescribed in Part 1 of Schedule 6 to the Contributions Regulations, for a maximum of 15 days in any calendar year.”.

(5) In regulation 30(c) (circumstances in which a claimant is to be regarded as having good cause for failing to comply with a notification under regulation 23 or 23A)(6), for “(r) to (u)” substitute “(r) to (v)”.

(6) In regulation 94 (calculation of earnings derived from employed earner’s employment and income other than earnings)(7), after paragraph (2B), insert—

“(2C) Earnings derived by a claimant as a member of any territorial or reserve force prescribed in Part 1 of Schedule 6 to the Contributions Regulations in respect of a period of annual continuous training for a maximum of 15 days in any calendar year, whether paid to the claimant alone or together with other earnings derived from the same source, are to be taken into account—

(a) in the case of a period of training exceeding 14 days, over a period of 14 days, or which is equal to the duration of the training period, or

(b) in any other case, over a period which is equal to the duration of the training period.

(2D) The period referred to in paragraph (2C) over which earnings are to be taken into account shall begin on the date on which they are treated as paid under regulation 96.”.

(7) In Schedule 6 (sums to be disregarded in the calculation of earnings), for paragraph 19 substitute—

“19.— (1) In the case of a contribution-based jobseeker’s allowance, where by reason of earnings to which sub-paragraph (3) applies (in aggregate with the claimant’s other earnings (if any) calculated in accordance with this Part) the claimant would (apart from this paragraph) have a personal rate of less than 10 pence, the amount of such earnings but only to the extent that that amount exceeds the claimant’s personal rate less 10 pence.

(2) In the case of an income-based jobseeker’s allowance, where earnings to which sub-paragraph (3) applies (in aggregate with the claimant’s other income (if any) calculated in accordance with this Part) exceed the applicable amount less 10 pence, the amount of those earnings corresponding to that excess.

(3) This sub-paragraph applies to earnings, in so far as they exceed the amount disregarded under paragraph 9, derived by the claimant from employment as a member of any territorial or reserve force prescribed in Part 1 of Schedule 6 to the Contributions Regulations in respect of a period of annual continuous training for a maximum of 15 days in any calendar year.

(4) In sub-paragraph (1), “personal rate” means the rate for the claimant calculated as specified in section 4(1) of the Act.”.

(8) In Schedule 6A (sums to be disregarded in the calculation of earnings of members of joint-claim couples)(8), omit paragraph 5.

(1)

S.I. 1996/207.

(2)

Regulation 1(3) has been amended but not in ways that are relevant to these Regulations.

(3)

S.I. 2001/1004.

(4)

A relevant amending instrument is S.I. 2008/3051.

(5)

Relevant amending instruments are S.I. 2006/1402 and S.I. 2012/853.

(6)

A relevant amending instrument is S.I. 2008/3051.

(7)

A relevant amending instrument is S.I. 1997/65.

(8)

Schedule 6A was inserted by S.I. 2000/1978.