The Jobseeker’s Allowance Regulations 1996

Changes over time for: Section 69

Version Superseded: 06/04/2009

Alternative versions:

Status:

Point in time view as at 02/04/2007. This version of this provision has been superseded.

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[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), [F4(c), (d) or (e)]] below;

(b)4 weeks, in any case [F5(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))] [F6or a case which falls within sub-paragraph (e)] [F7or a case where sub-paragraph (e) applies] in which

(i)a jobseeker’s allowance is determined not to be payable to the claimant in circumstances falling within section 19(5) [F8or 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 [F9or 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) [F8or 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) [F8or section 20A(2)(a) to (c)] that relate to one of those options, [F10or]

(cc)[F11where 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 [F12(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) [F8or 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) [F8or 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).

[F13(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).]

[F14(e)one week in a case where a jobseeker’s allowance is determined not to be payable in circumstances—

(i)relating to the employment programme known as the Jobseeker Mandatory Activity Pilot, and

(ii)falling within section 19(5) or 20A(2)(a) to (c).]

[F15(e)one week in a case where a jobseeker’s allowance is determined not to be payable in circumstances relating to the employment programme known as the Jobseeker Mandatory Activity Pilot and falling within section 19(5) or section 20A(2)(a) to (c).]

(2) The prescribed period for the purposes of [F16sections 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) [F17or (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 [F18or 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 [F19or 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 [F20either] as being the day on which the claimant is or was no longer required to participate in any of the New Deal options [F21or 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) [F22or section 20A(2)].]

Textual Amendments

F1Reg. 69 substituted (6.3.2000) by The Jobseeker’s Allowance (Amendment) Regulations 2000 (S.I. 2000/239), regs. 1, 2(3)

F2Words in reg. 69(1) substituted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 25(a)(i)

F3Words in reg. 69(1)(a) substituted (9.4.2001) by The Social Security Amendment (New Deal) Regulations 2001 (S.I. 2001/1029), regs. 1(1), 4(a)

F4Words in reg. 69(1)(a) substituted (2.4.2007) by The Jobseeker’s Allowance (Jobseeker Mandatory Activity) Pilot Regulations 2007 (S.I. 2007/1082), regs. 1(1), 3(1)(a)(i) (with reg. 4)

F5Words in reg. 69(1)(b) inserted (19.6.2000) by The Jobseeker’s Allowance (Amendment) (No. 2) Regulations 2000 (S.I. 2000/1370), regs. 1, 2(2)

F6Words in reg. 69(1)(b) inserted (2.4.2007) by The Jobseeker’s Allowance (Jobseeker Mandatory Activity) Pilot Regulations 2007 (S.I. 2007/1082), regs. 1(1), 3(1)(a)(ii) (with reg. 4)

F7Words in reg. 69(1)(b) inserted (temp.) (3.4.2006) by The Jobseeker’s Allowance (Jobseeker Mandatory Activity) Pilot Regulations 2005 (S.I. 2005/3466), regs. 1(1)(2), 3(1)(a)(ii)(2)(3), (with reg. 3(4))

F8Words in reg. 69(1) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 25(a)(ii)

F9Words in reg. 69(1)(b)(ii)(aa) inserted (9.4.2001) by The Social Security Amendment (New Deal) Regulations 2001 (S.I. 2001/1029), regs. 1(1), 4(b)

F10Word in reg. 69(1)(b)(ii)(bb) substituted (9.4.2001) by The Social Security Amendment (New Deal) Regulations 2001 (S.I. 2001/1029), regs. 1(1), 4(c)

F11Reg. 69(1)(b)(ii)(cc) added (9.4.2001) by The Social Security Amendment (New Deal) Regulations 2001 (S.I. 2001/1029), regs. 1(1), 4(d)