The Jobseeker’s Allowance Regulations 1996

Persons approaching Retirement and the Jobseeking Period

49.—(1)  [F1 Subject to paragraph (5),] the provisions of this regulation apply only to days which fall–

(a) after 6th October 1996; and

(b) within a tax year in which the claimant has attained [F2 the qualifying age for state pension credit] but is under pensionable age,

and in respect of which a jobseeker’s allowance is not payable because the decision of the determining authority is that the claimant—

(i) has exhausted his entitlement to a contribution-based jobseeker’s allowance; or (ii) fails to satisfy one or both the contribution conditions specified in section 2(1)(a) and (b); or

(iii) is entitled to a contribution-based jobseeker’s allowance but the amount payable is reduced to Nil by virtue of deductions made in accordance with regulation 81 for pension payments.

[F3 (2) For the purposes of paragraph (1) of regulation 47 (jobseeking period) but subject to paragraphs [F4 (3), (4) and (4A)], any days to which paragraph (1) applies and in respect of which the person does not satisfy or is not treated in accordance with regulation 14, 16, 17, 19, 20, 21 or 34 as satisfying the conditions specified in paragraphs (a) to (c) of subsection (2) of section 1 (conditions of entitlement to a jobseeker’s allowance), shall be days on which the person is treated as satisfying the condition in paragraphs (a) to (c) and (e) to (i) of subsection (2) of section (1).]

(3) Where a person–

F5 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) is employed as an employed earner or a self-employed earner for a period of more than 12 weeks, then no day which falls within or follows that period shall be days on which the person is treated as satisfying those conditions so however that this paragraph shall not prevent paragraph (2) from again applying to a person who makes a claim for a jobseeker’s allowance after that period.

(4) Any day which is, for the purposes of section 30C of the Benefits Act F6 , a day of incapacity for work falling within a period of incapacity for work shall not be a day on which the person is treated as satisfying the conditions referred to in paragraph (2).

[F7 (4A) Any day which, for the purposes of Part 1 of the Welfare Reform Act, is a day where the person has limited capability for work falling within a period of limited capability for work shall not be a day on which the person is treated as satisfying the conditions referred to in paragraph (2).]

[F8 (5) This regulation shall not apply in respect of any days in respect of which a joint-claim jobseeker’s allowance has been claimed.]

Textual Amendments

F1 Words in reg. 49(1) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 12(a)

F2 Words in reg. 49(1)(b) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 11(2)

F3 Reg. 49(2) substituted (7.10.1996) by The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 16(2)

F4 Words in reg. 49(2) substituted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(8)(a)

F5 Reg. 49(3)(a) omitted (7.10.1996) by virtue of The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 16(3)

F6 Section 30C was inserted by the Social Security (Incapacity for Work) Act 1994 (c.18), section 3.

F7 Reg. 49(4A) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(8)(b)

F8 Reg. 49(5) added (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), Sch. 2 para. 12(b)