The Jobseeker’s Allowance Regulations 1996

Changes over time for: Section 55

Version Superseded: 30/03/2020

Alternative versions:

Status:

Point in time view as at 23/05/2016. This version of this provision has been superseded.

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Short periods of sickness

55.—(1) Subject to the following provisions of this regulation, a person who–

(a)[F1has been awarded a jobseeker’s allowance]F2...; and

(b)proves to the satisfaction of [F3the Secretary of State] that he is unable to work on account of some specific disease or disablement; and

(c)[F4during the period of his disease or disablement, satisfies] the requirements for entitlement to a jobseeker’s allowance other than those specified in section 1(2)(a), (c) and (f) (available for and actively seeking employment, and capable of work [F5or not having limited capability for work]),

shall be treated for a period of not more than 2 weeks as capable of work [F6or as not having limited capability for work], except where the claimant states in writing that for the period of his disease or disablement he proposes to claim or has claimed incapacity benefit[F7, employment and support allowance, [F8universal credit,]] severe disablement allowance or income support.

(2) The evidence which is required for the purposes of paragraph (1)(b) is a declaration made by the claimant in writing, in a form approved for the purposes by the Secretary of State, that he has been unfit for work from a date or for a period specified in the declaration.

(3) [F9Paragraph (1) does] not apply to a claimant on more than two occasions in any one jobseeking period or where a jobseeking period exceeds 12 months, in each successive 12 months within that period and for the purposes of calculating any period of 12 months, the first 12 months in the jobseeking period commences on the first day of the jobseeking period.

[F10(4) [F11Paragraph (1) does] not apply to any person where the first day in respect of which they are unable to work falls within eight weeks beginning with the day the person ceased to be entitled to statutory sick pay.]

[F12(5) [F13Paragraph (1) does] not apply to a claimant who is temporarily absent from Great Britain in the circumstances prescribed by regulation 50(6AA) or, as the case may be, (6C).]

[F14(6) Paragraph (1) does not apply to any person—

(a)during any period where the person is treated as capable of work or as not having limited capability for work under regulation 55ZA (extended period of sickness); or

(b)where the first day in respect of which that person would, apart from this sub-paragraph, have been treated as capable of work or as not having limited capability for work under this regulation falls immediately after the last day on which the person is so treated under regulation 55ZA.]

[F15(7) For the purposes of calculating the number of occasions under paragraph (3), any occasion to which regulation 55ZA applies to the claimant is to be disregarded.]

Textual Amendments

F1Words in reg. 55(1)(a) substituted (7.10.1996) by The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 17(2)

F2Words in reg. 55(1)(a) omitted (22.10.2012) by virtue of The Jobseeker’s Allowance (Sanctions) (Amendment) Regulations 2012 (S.I. 2012/2568), regs. 1(1), 5(10)

F3Words in reg. 55(1)(b) substituted (18.10.1999) by The Social Security Act 1998 (Commencement No. 11, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/2860), art. 3(1), Sch. 12 para. 2

F4Words in reg. 55(1)(c) substituted (30.3.2015) by The Jobseeker’s Allowance (Extended Period of Sickness) Amendment Regulations 2015 (S.I. 2015/339), regs. 1, 2(4)(a)(i)

F5Words in reg. 55(1)(c) 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(9)(a)(i)

F6Words in reg. 55(1) 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(9)(a)(ii)

F7Words in reg. 55(1) 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(9)(a)(iii)

F8Words in reg. 55(1) inserted (30.3.2015) by The Jobseeker’s Allowance (Extended Period of Sickness) Amendment Regulations 2015 (S.I. 2015/339), regs. 1, 2(4)(a)(ii)

F9Words in reg. 55(3) substituted (30.3.2015) by The Jobseeker’s Allowance (Extended Period of Sickness) Amendment Regulations 2015 (S.I. 2015/339), regs. 1, 2(4)(b)

F10Reg. 55(4) substituted (29.10.2013) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013 (S.I. 2013/2536), regs. 1(1), 6(6)

F11Words in reg. 55(4) substituted (30.3.2015) by The Jobseeker’s Allowance (Extended Period of Sickness) Amendment Regulations 2015 (S.I. 2015/339), regs. 1, 2(4)(c)