The Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983

PART IGENERAL

Citation, commencement and interpretation

1.—(1) These regulations may be cited as the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983 and shall come into operation on 28th November 1983.

(2) In these regulations, unless the context otherwise requires—

“the Act” means the Social Security Act 1975;

“charity” has the meaning assigned to it in the Income Tax Acts;

[F1“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992;]

“determining authority” means, as the case may require, [F2an adjudication officer] or [F3the First-tier Tribunal or the Upper Tribunal;];

F4[F5...]

[F6“employment or training programme” means a course or programme of rehabilitation or training which is established pursuant to arrangements made by the Secretary of State under section 2(1) of the Employment and Training Act 1973[F7, or by Scottish Enterprise or Highlands and Islands Enterprise under section 2(3) of the Enterprise and New Towns (Scotland) Act 1990,] for the purpose of assisting persons to select, train for, obtain or retain employed earner’s employment;]

“health authority” has the same meaning as in the National Health Service Act 1977(1);

“health board” means a health board constituted under section 2 of, and in accordance with Schedule 1 to, the National Health Service (Scotland) Act 1978;

“local authority” has the same meaning, for England and Wales, as in section 270(1) of the Local Government Act 1972 and, for Scotland, as in section 235(1) of the Local Government (Scotland) Act 1973;

[F8“Outward Bound course” means any course or programme for personal development which is made available to persons who are not in employment by the charitable trust known as the Outward Bound Trust Limited;]

“preserved board” has the same meaning as in the National Health Service Reorganisation Act 1973(2);

[F9“training allowance” means a training allowance paid under the Employment and Training Act 1973 [F10or the Enterprise and New Towns (Scotland) Act 1990];]

[F11“training course” includes any arrangements made by the Secretary of State pursuant to section 2(1) of the Employment and Training Act 1973[F12, or by Scottish Enterprise or Highlands and Islands Enterprise pursuant to section 2(3) of the Enterprise and New Towns (Scotland) Act 1990,] by way of courses of training, instruction or rehabilitation for the purpose of assisting persons to select, train for, obtain and retain employment;]

“unemployment benefit office” means any office or place appointed by the Secretary of State for the purpose of claiming unemployment benefit.

[F13“voluntary body” means a body the activities of which are carried out otherwise than for the purpose of profit;

“volunteer” means a person who is engaged in voluntary work with a charity or voluntary body, or who is engaged in voluntary work otherwise than for a member of his family, where the only payment received by him or due to be paid to him by virtue of being so engaged, is a payment in respect of any expenses reasonably incurred by him in the course of being so engaged;]

(3) Unless the context otherwise requires, any reference in these regulations to—

(a)a numbered section or Schedule is to the section of, or, as the case may be, the Schedule to, the Act bearing that number;

(b)a numbered regulation is a reference to the regulation bearing that number in these regulations and any reference in a regulation to a numbered paragraph is a reference to the paragraph of that regulation bearing that number.

Textual Amendments

Provisions to which Parts I and II of these regulations are subject

F142.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

PART IIPROVISIONS OF GENERAL APPLICATION

Persons deemed to be incapable of work

F153.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Special provisions relating to day substituted for Sunday

F164.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Night workers

F165.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Provisions relating to suspension of employment in employed earner's employment

F166.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F17Requalification period

F166A.]  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Days not to be treated as days of unemployment [F18or incapacity for work]

F167.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Days deemed to be days of entitlement to sickness benefit

F197A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Restrictions on availability for employment

F207B.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Days to be treated as days of incapacity for work for the purposes of invalidity allowance

F218.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F22Qualifying day for entitlement to invalidty allowance

F238A.]  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Persons deemed to be available for employment in employed earner's employment

F249.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Availability of persons undertaking duties in an emergency

F2410.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Availability of persons attending work camps

F2411.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Availability of persons requiring notice of job opportunities

F2412.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F25Persons deemed available where a doubt has arisen about availability

F2412A.]  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Steps to be taken by persons actively seeking employment

F2412B.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Meaning of week

F2412C.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Persons deemed to be actively seeking employment

F2412D.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Matters to be taken into account in determining good cause

F2412E.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Permitted period

F2412F.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Trial periods

F2412G.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Meaning of employment

F2412H.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Reckoning of periods of interruption of employment

F2413.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Reckoning periods of interruption of employment for persons approaching retirement

F2414.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Reckoning periods of interruption of employment as a result of certain regular treatment

F2615.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Special provisions relating to delay or failure in making or prosecuting a claim

F2716.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Disqualification for sickness or invalidity benefit

F2817.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Partial satisfaction of contribution conditions and reduced rates of benefit

18.—(1) Where a person would be entitled to unemployment or sickness benefit but for the fact that the second contribution condition set out in paragraph 1 of Schedule 3 is not satisfied, he shall, if a rate is prescribed for him in paragraph (2), be entitled to such benefit at that rate.

(2) The weekly rate of unemployment or sickness benefit shall be calculated as a percentage of the rate set out in Part I of Schedule 4; in a case where the second contribution condition would have been satisfied if the multiplier in that condition (instead of being 50) had been 37½, that percentage shall be 75 per cent, and in a case where that condition would have been satisfied if the multiplier had been 25, it shall be 50 per cent.

Modifications of normal idle day rule

F2919.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Special provision for certain persons who have been employed abroad

20.—(1) The following provisions of this regulation shall apply for the purposes of [F30contribution-based jobseeker’s allowance][F31, short-term incapacity benefit and contributory employment and support allowance] where a person—

(a)has been absent from Great Britain;

(b)has returned to Great Britain; and

(c)throughout the whole period of his absence was ordinarily resident in Great Britain;

and in this regulation “a person” shall mean such a person.

(2) Where a person has paid Class 1 contributions at the standard rate under the Act either—

(a)to the full extent of his liability under regulation 120 of the Social Security (Contributions) Regulations 1979; or

(b)in respect of the first 52 weeks of his employment abroad by virtue of either—

(i)an Order in Council made under section 143 (reciprocity with countries outside the United Kingdom); or

(ii)Council Regulation No. 1408/71/EEC(3) (application of social security schemes to employed persons and their families moving within the Community)[F32, as amended from time to time, or Regulation (EC) No. 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended from time to time, on the coordination of social security systems];

and the employment, by reference to which his liability mentioned in sub-paragraph (a) or (b), as the case may be, arose, continued throughout the first 52 weeks after the commencement of that liability, he shall be treated as having paid Class 1 contributions on earnings at the lower earnings limit for the relevant tax year for any weeks between the end of that liability and the date of his return to Great Britain which are relevant to his claim.

(3) Where—

(a)a person would have been liable to pay Class 1 contributions at the standard rate under the said regulation 120 but for the provisions of an Order in Council made under section 143;

(b)in relation to his case that Order does not provide for periods of insurance, employment or residence in the other country to which that Order relates to be taken into account in determining title to benefit; and

(c)the employment by reference to which he would have been liable under the said regulation 120 continued throughout the first 52 weeks;

he shall be treated as having paid Class 1 contributions on earnings at the lower earnings limit for the relevant tax year for each week of his absence.

(4) Where—

(a)a person would have been liable to pay Class 1 contributions at the standard rate under the said regulation 120 but for the provisions of either an Order in Council made under section 143 or Council Regulation No. 1408/71/EEC[F33, as amended from time to time, or Regulation (EC) No. 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended from time to time];

(b)the employment by reference to which he would have been liable under the said regulation 120 continued throughout the first 52 weeks from the time that that liability would have commenced; and

(c)that Order or Council Regulation [F34or Regulation of the European Parliament and of the Council], as the case may be, provides for aggregation of periods of insurance, employment or residence only if an insurance period has been completed since his return to Great Britain, and an insurance period has not been so completed;

any period of insurance, employment, or, as the case may be, residence in the other country to which that Order or Council Regulation [F35or Regulation of the European Parliament and of the Council], as the case may be, relates which falls in the relevant tax year and which could be taken into account in determining entitlement to benefit if an insurance period had been completed since his return to Great Britain shall be treated as a period in respect of which Class 1 contributions on earnings at the lower earnings limit for that tax year had been paid.

(5) Paragraphs (2) (except in a case to which paragraph (2)(a) applies), (3) and (4) shall not apply in relation to benefit to which this regulation applies for any day in respect of which the person concerned is entitled to a corresponding benefit under the social security scheme of the country in which he was employed.

(6) Where a person satisfies the requirements of paragraph (3)(a) or (4)(a) but the relevant employment did not continue for 52 weeks, he shall be treated as having paid Class 1 contributions on earnings at the lower earnings limit for the relevant tax year for each week for which it did continue.

(7) Where a person to whom regulation 3 of the National Insurance (Residence and Persons Abroad) Regulations 1948(4) applied—

(a)has paid contributions to the full extent of his liability under that regulation; and

(b)has paid or has had credited to him 45 contributions of any Class under the National Insurance Act 1965 during each contribution year from the year in which his liability ceased until the last contribution year relevant to him which ended before 5th April 1975 (inclusive of both these years);

paragraph (2) shall apply to him, notwithstanding paragraph (2)(a), as if the reference to his liability were a reference to his liability under the said regulation 3.

(8) Paragraph (2) shall not apply to any case where the employment, which gave rise to the liability mentioned in sub-paragraph (a) of that paragraph, commenced before 6th April 1975, unless the person concerned paid contributions under the said Act of 1965 to the full extent of his liability under the said regulation 3.

Textual Amendments

Additional condition with respect to the receipt of unemployment benefit by seasonal workers

F3621.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Additional condition with respect to the receipt of unemployment benefit by students

F3722.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

PART IIIABATEMENT OF UNEMPLOYMENT BENEFIT FOR OCCUPATIONAL PENSION PAYMENTS

Interpretation

F3823.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Maximum sum prescribed for the purposes of section 5(1) of the 1980 Act

F3824.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Disregard of pension payments on account of redundancy

F3825.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Disregard of pension payments for less than a whole week

F3826.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Calculation of weekly amount of pension payments made other than weekly

F3827.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modification of section 18(1) of the 1975 Act

F3828.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F39...

Textual Amendments

F3929.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3930.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3931.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3932.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F39PART IV ATRANSITIONAL PROVISIONS FOR INCAPACITY BENEFIT IN RESPECT OF INDUSTRIAL INJURY

Provision for short-term incapacity in respect of industrial injury persons over pensionable age

32A.  In any case where—

(a)immediately before the revocation of regulation 30, the provisions of that regulation applied; and

(b)after 12th April 1995 a person becomes entitled to short-term incapacity benefit in respect of the same industrial injury by virtue of regulation 11 or 14 of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995,

the weekly rate at which short-term incapacity benefit is payable shall be the rate set out in paragraph 2 of Part I of Schedule 4 to the Contributions and Benefits Act, or, if higher, the rate at which that benefit would have been payable to the person concerned under section 30B(3) of that Act.

Provision for long-term incapacity in respect of industrial injury—persons over pensionable age

32B.—(1) Subject to paragraph (2) in any case where—

(a)immediately before the revocation of regulation 31 the provisions of that regulation applied; and

(b)after 12th April 1995 a person becomes entitled to long-term incapacity benefit by virtue of regulation 17, 17A or 21 of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995,

the weekly rate at which long-term incapacity benefit is payable shall be the rate referred to in regulation 18(1) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 (notwithstanding that the person is over pensionable age), or, if higher, the rate at which that benefit would be payable under regulation 18(7).

(2) Where the contribution conditions for a Category A retirement pension specified in paragraph 5 of Part I of Schedule 3 to the Contributions and Benefits Act are not satisfied, those conditions shall be taken to be satisfied for the purposes of regulation 18(7) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995.]

PART VREVOCATIONS

Revocations

33.  The regulations specified in column 1 of the Schedule to these regulations are hereby revoked to the extent mentioned in column 3 of that Schedule.

Signed by authority of the Secretary of State for Social Services.

Rhodes Boyson

Minister of State, Department of Health and Social Security