The Jobseeker’s Allowance Regulations 1996

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),

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.

[F1 (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 F2 ...;

(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).

[F3 (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 [F4 and either];

[F5 (b) (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 (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).]

Textual Amendments

F1 Reg. 47(2A) inserted (28.10.1996) by The Social Security and Child Support (Jobseeker’s Allowance) (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/2538), regs. 1, 2(4)

F2 Words in reg. 47(3)(b) omitted (5.4.1999) by virtue of The Social Security Benefits (Miscellaneous Amendments) Regulations 1999 (S.I. 1999/714), reg. 2(1)(a)

F3 Reg. 47(3)(f) inserted (6.9.1999) by The Social Security (Incapacity Benefit and Jobseeker’s Allowance) Amendment Regulations 1999 (S.I. 1999/2226), regs. 1, 3

F4 Words in reg. 47(4) added (7.10.1996) by The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 14(2)

F5 Reg. 47(4)(b)(i)(ii)(c) substituted for reg. 47(4)(b)(c) (7.10.1996) by The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 14(3)