The Jobseeker’s Allowance Regulations 1996

[F1Prescribed period for purposes of section 19(2)

69.—(1) The prescribed period for the purposes of [F2sections 19(2) and 20A(3)] shall be—

(a) 2 weeks, in any case which does not fall within [F3sub-paragraph (b), (c) or (d)] below;

(b)4 weeks, in any case [F4(other than a case where a jobseeker’s allowance is determined not to be payable in circumstances relating to the employment programme known as “Gateway to Work” specified in regulation 75(1)(a)(i)(bb))] in which

(i)a jobseeker’s allowance is determined not to be payable to the claimant in circumstances falling within section 19(5) [F5or section 20A(2)(a) to (c)], 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 [F6or the Intensive Activity Period specified in regulation 75(1)(a)(iv)], on a previous occasion the jobseeker’s allowance was determined not to be payable to him in circumstances falling within section 19(5) [F5or section 20A(2)(a) to (c)], 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) [F5or section 20A(2)(a) to (c)] that relate to one of those options, [F7or]

(cc)[F8where the determination in (i) above relates to the Intensive Activity Period specified in regulation 75(1)(a)(iv), on a previous occasion the jobseeker’s allowance was determined not to be payable to him in circumstances falling within section 19(5) or section 20A(2)(a) to (c) that relate to any Intensive Activity Period specified in regulation 75(1)(a)(iv), 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 [F9(other than a case where a jobseeker’s allowance is determined not to be payable in circumstances relating to the employment programme known as “Gateway to Work” specified in regulation 75(1)(a)(i)(bb))] in which—

(i)a jobseeker’s allowance is determined not to be payable to the claimant in circumstances falling within section 19(5) [F5or section 20A(2)(a) to (c)] 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) [F5or section 20A(2)(a) to (c)] 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).

[F10(d)26 weeks in any case (other than a case where a jobseeker’s allowance is determined not to be payable in circumstances relating to the employment programme known as “Gateway to Work” specified in regulation 75(1)(a)(i)(bb)) in which—

(i)a jobseeker’s allowance is determined not to be payable to the claimant in circumstances falling within section 19(5) or section 20A(2)(a) to (c) and the determination relates to an act or omission arising after this regulation comes into force in respect of the Intensive Activity Period specified in regulation 75(1)(a)(iv); 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) or section 20A(2)(a) to (c) and each such determination relates to any Intensive Activity Period specified in regulation 75(1)(a)(iv); and

(iii)no more than 12 months have elapsed between the beginning of the day on which the determination mentioned in (d)(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 paragraph (b)(ii)(cc) apply; or

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

(2) The prescribed period for the purposes of [F11sections 19(2) and 20A(3)] 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) [F12or (d)] 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 [F13or the Intensive Activity Period specified in regulation 75(1)(a)(iv)],

  • an income-based jobseeker’s allowance shall be payable to the claimant during the period specified in paragraph (4) even though section 19 [F14or section 20A] 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 [F15either] as being the day on which the claimant is or was no longer required to participate in any of the New Deal options [F16or the day on which the claimant is or was no longer required to participate in the Intensive Activity Period specified in regulation 75(1)(a)(iv)]; 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) [F17or section 20A(2)].]

Textual Amendments