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), [F1or, where the claimant is a member of a joint-claim couple, a jobseeker’s allowance is payable in accordance with Part IXA (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.
[F2(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 F3...;
(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).
[F4(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 [F5and either];
[F6(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 [F7or on which the claimant is a member of a joint-claim couple and a joint-claim jobseeker’s allowance is not payable or is reduced because he is subject to sanctions by virtue of section 20A [F8or by virtue of a restriction imposed pursuant to F9... [F10section 7, 8 or 9 of the Social Security Fraud Act 2001] (loss of benefit provisions)]]; 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),]
shall be treated as if it was a day in respect of which he was entitled to a contribution-based jobseeker's allowance.
Textual Amendments
F1Words in reg. 47(2)(b) added (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), Sch. 2 para. 11
F2Reg. 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)
F3Words 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)
F4Reg. 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
F5Words 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)
F6Reg. 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)
F7Words in reg. 47(4)(b)(ii) added (19.3.2001) by The Social Security Amendment (Joint Claims) Regulations 2001 (S.I. 2001/518), regs. 1(1), 2(5)
F8Words in reg. 47(4)(b)(ii) added (E.W.) (15.10.2001) by The Social Security (Breach of Community Order) (Consequential Amendments) Regulations 2001 (S.I. 2001/1711), regs. 1, 2(4)(a)
F9Words in reg. 47(4)(b)(ii) omitted (for specified purposes and with effect in accordance with reg. 1(3) of the amending S.I.) by virtue of The Welfare Reform Act 2009 (Section 26) (Consequential Amendments) Regulations 2010 (S.I. 2010/424), reg. 3(2)
F10Words in reg. 47(4)(b)(ii) inserted (1.4.2002) by The Social Security (Loss of Benefit) (Consequential Amendments) Regulations 2002 (S.I. 2002/490), regs. 1(1), 7