Chwilio Deddfwriaeth

The Family Credit (General) Amendment Regulations 1992

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  • Y Diweddaraf sydd Ar Gael (Diwygiedig)
  • Gwreiddiol (a wnaed Fel)

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Substitution of regulations 4 and 5 of the General Regulations

3.  For regulations 4 and 5 of the General Regulations (remunerative work and engagement in remunerative work and normal engagement) there shall be substituted the following regulation—

Remunerative work

4.(1) For the purposes of Part II of the Act as it applies to family credit, and subject to paragraph (3), a person shall be treated as engaged in remunerative work where—

(a)the work he undertakes is for not less than 16 hours per week;

(b)the work is done for payment or in expectation of payment; and

(c)he is employed at the date of claim and satisfies the requirements of paragraph (5).

(2) A person who does not satisfy all the requirements of sub-paragraphs (a) to (c) of paragraph (1) shall not be treated as engaged in remunerative work.

(3) A person who otherwise satisfies all the requirements of paragraph (1) shall not be treated as engaged in remunerative work if he is engaged by a charitable or voluntary body 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 24(2) and paragraph 2 of Schedule 2 (sums to be disregarded in the calculation of income other than earnings).

(4) In determining for the purposes of sub-paragraph (a) of paragraph (1) whether the work a person undertakes is for not less than 16 hours per week—

(a)there shall be included in the calculation any time allowed for meals or refreshment but only where the person is, or expects to be, paid earnings in respect of that time; and

(b)if he is a person to whom regulation 14(5) (normal weekly earnings of employed earners) applies, the hours worked shall be calculated by reference to the average number of hours which his employer expects him to work in a week; or

(c)where paragraph (b) does not apply and—

(i)a recognised cycle of working has been established at the date of claim, the hours worked shall be calculated by reference to the average number of hours worked in a week over the period of one complete cycle (including, where the cycle involves periods in which the person does not normally work, those periods, but disregarding any other absences); or

(ii)no recognised cycle of working has been established at the date of claim, the hours worked shall be calculated by reference to—

(aa)the average number of hours worked over the five weeks immediately preceding the week of claim, or such other longer time preceding that week as may, in the particular case, enable the person’s weekly average hours of work to be determined more accurately; or

(bb)where he is a self-employed earner and he has worked for less than 5 weeks at the date of claim, the average number of hours he expects to work in a week.

(5) Subject to paragraph (6), the requirements of this paragraph are that the person—

(a)worked not less than 16 hours in either—

(i)the week of claim; or

(ii)either of the two weeks immediately preceding the week of claim; or

(b)is expected by his employer to work or, where he is a self-employed earner he expects to work, not less than 16 hours in the week next following the week of claim; or

(c)cannot satisfy the requirements of either sub-paragraph (a) or (b) above and at the date of claim he is absent from work by reason of a recognised, customary or other holiday but he is expected by his employer to work or, where he is a self-employed earner he expects to work, not less than 16 hours in the week following his return to work from that holiday,

and for the purposes of calculating the number of hours worked, sub-paragraph (a) of paragraph (4) shall apply to this paragraph as it applies to sub-paragraph (a) of paragraph (1).

(6) For the purposes of paragraph (5), work which a person does only qualifies if—

(a)it is the work he normally does, and

(b)it is likely to last for a period of 5 weeks or more beginning with the week of claim.

(7) Where a person is treated as engaged in remunerative work in accordance with the above paragraphs, he shall also be treated as normally engaged in remunerative work..

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