The Jobseeker’s Allowance Regulations 1996

[F1 Prescribed period for purposes of section 19(2)

69.— (1) The prescribed period for the purposes of section 19(2) shall be—

(a) 2 weeks, in any case which does not fall within sub-paragraph (b) or (c) below;

(b) 4 weeks, in any case in which

(i) a jobseeker’s allowance is determined not to be payable to the claimant in circumstances falling within section 19(5), and

(ii) one of the following circumstances applies—

(aa) where the determination in (i) above does not relate to one of the New Deal options, on a previous occasion the jobseeker’s allowance was determined not to be payable to him in circumstances falling within section 19(5), or

(bb) where the determination in (i) above relates to one of the New Deal options, on a previous occasion the jobseeker’s allowance was determined not to be payable to him in circumstances falling within section 19(5) that relate to one of those options, and

(iii) the first date on which the jobseeker’s allowance was not payable to him on that previous occasion falls within the period of 12 months preceding the date of the determination mentioned in (b)(i) above;

(c) 26 weeks in any case in which—

(i) a jobseeker’s allowance is determined not to be payable to the claimant in circumstances falling within section 19(5) and the determination relates to an act or omission arising after this regulation comes into force in respect of one of the New Deal options; and

(ii) on two or more previous occasions a jobseeker’s allowance has been determined not to be payable to the claimant in circumstances falling within section 19(5) and each such determination relates to one of the New Deal options; and

(iii) no more than 12 months have elapsed between the beginning of the day on which the determination mentioned in (c)(i) above is made and the beginning of the first day on which a jobseeker’s allowance was not payable to the claimant as a result of the determination which most recently preceded it whether the preceding determination is either—

(aa) a determination falling within sub-paragraph (b)(i) to which the circumstances in sub-paragraph (b)(ii)(bb) apply; or

(bb) itself an earlier determination falling within sub-paragraph (c)(i).

(2) The prescribed period for the purposes of section 19(2) shall begin—

(a) where, in accordance with regulation 26A(1) of the Claims and Payments Regulations, a jobseeker’s allowance is paid otherwise than fortnightly in arrears, on the day following the end of the last benefit week in respect of which that allowance was paid; and

(b) in any other case, on the first day of the benefit week following the date on which a jobseeker’s allowance is determined not to be payable.

(3) In a case falling within paragraph (1)(c) of this regulation in which—

(a) or the first time a determination is made that for a period of 26 weeks a jobseeker’s allowance is not payable to the claimant; and

(b) no further such determination is made; and

(c) the Secretary of State gives notice in writing to the claimant that he is no longer required to participate in any of the New Deal options,

• an income-based jobseeker’s allowance shall be payable to the claimant during the period specified in paragraph (4) even though section 19 would otherwise prevent the payment of such an allowance.

(4) The period referred to in paragraph (3) shall—

(a) begin on either—

(i) the day specified in a notice by the Secretary of State as being the day on which the claimant is or was no longer required to participate in any of the New Deal options; or

(ii) the day four weeks after the first day on which a jobseeker’s allowance was not payable as a result of the first determination mentioned in paragraph (3),

whichever is the later;

(b) end on the last day when a jobseeker’s allowance was not payable as a result of the first determination mentioned in paragraph (3); but

(c) not include any period during which a jobseeker’s allowance is again determined not to be payable to the claimant in circumstances falling within section 19(5) or (6).]

Textual Amendments

F1 Reg. 69 substituted (6.3.2000) by The Jobseeker’s Allowance (Amendment) Regulations 2000 (S.I. 2000/239), regs. 1, 2(3)