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PART III OTHER CONDITIONS OF ENTITLEMENT

Remunerative Work

51.—(1) For the purposes of the Act “remunerative work" means–

(a)in the case of [F1a claimant], work in which he is engaged or, where his hours of work fluctuate, is engaged on average, for not less than 16 hours per week; and

(b)in the case of any partner of the claimant, work in which he is engaged or, where his hours of work fluctuate, is engaged on average, for not less than 24 hours per week [F2and;

(c)in the case of a non-dependant, or of a child or young person to whom paragraph 18 of Schedule 6 refers, work in which he is engaged or, where his hours of work fluctuate, is engaged on average, for not less than 16 hours per week,]

and for those purposes, [F3“work” is work] for which payment is made or which is done in expectation of payment.

(2) For the purposes of paragraph (1), the number of hours in which [F4a claimant] or his partner is engaged in work shall be determined—

(a)where no recognisable cycle has been established in respect of a person’s work, by reference to the number of hours or, where those hours are likely to fluctuate, the average of the hours, which he is expected to work in a week;

(b)where the number of hours for which he is engaged fluctuate, by reference to the average of hours worked over—

(i)if there is a recognisable cycle of work, and sub-paragraph (c) does not apply, the period of one complete cycle (including, where the cycle involves periods in which the person does not work, those periods but disregarding any other absences);

(ii)in any other case, the period of five weeks immediately before the date of claim or the date of [F5suppression], or such other length of time as may, in the particular case, enable the person’s average hours of work to be determined more accurately;

F6(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In determining in accordance with this regulation the number of hours for which a person is engaged in remunerative work—

(a)that number shall include any time allowed to that person by his employer for a meal or for refreshments, but only where the person is, or expects to be, paid earnings in respect of that time;

(b)no account shall be taken of any hours in which the person is engaged in an employment or scheme to which any one of paragraphs (a) to (h) of regulation 53 (person treated as not engaged in remunerative work) applies;

(c)no account shall be taken of any hours in which the person is engaged otherwise than in an employment as an earner in caring for—

(i)a person who is in receipt of attendance allowance F7... [F8, the care component of disability living allowance at the highest or middle rate or the daily living component of personal independence payment at the standard or enhanced rate][F9, armed forces independence payment]; or

(ii)a person who has claimed an attendance allowance F10... [F11, disability living allowance[F12, armed forces independence payment] or personal independence payment], but only for the period beginning with the date of claim and ending on the date the claim is determined or, if earlier, on the expiration of the period of 26 weeks from the date of claim; or

(iii)another person [F13and] is in receipt of [F14a] [F14carer’s allowance] under Section 70 of the [F15Benefits Act or;

(iv)a person who has claimed either attendance allowance or disability living allowance and has an award of attendance allowance or the care component of disability living allowance at one of the two higher rates prescribed under section 72(4) of the Benefits Act for a period commencing after the date on which that claim was made[F16; or

(v)a person who has claimed personal independence payment and has an award of the daily living component at the standard or enhanced rate under section 78 of the 2012 Act for a period commencing after the date on which that claim was made[F17; or

(vi)a person who has claimed and has an award of armed forces independence payment for a period commencing after the date on which that claim was made.]]]

F18(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in reg. 51(1)(a) substituted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 14

F4Words in reg. 51(2) substituted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 14

F7Words in reg. 51(3)(c)(i) omitted (7.10.1996) by virtue of The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), regs. 1(1), 9(3)

F10Words in reg. 51(3)(c)(ii) omitted (7.10.1996) by virtue of The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), regs. 1(1), 9(3)

F15Reg. 51(3)(c)(iv) substituted for words in reg. 51(3)(c)(iii)(7.10.1996) by The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), regs. 1(1), 9(4)