The Social Security (Back to Work Bonus) (No.2)Regulations 1996

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Back to Work Bonus) (No.2) Regulations 1996 and shall come into force on 4th November 1996.

(2) In these Regulations—

“the Act” means the Jobseekers Act 1995;

“applicant” means the person claiming the bonus;

“benefit week”—

(a)

where the benefit is income support, has the meaning it has in the Income Support Regulations by virtue of regulation 2(1) of those Regulations;

(b)

where the benefit is a jobseeker’s allowance, has the meaning it has in the Jobseeker’s Allowance Regulations by virtue of regulation 1(3) of those Regulations;

“bonus” means a back to work bonus;

“bonus period” means a period beginning on the first day of entitlement to a qualifying benefit in a period of entitlement to a qualifying benefit which falls after the waiting period and ends on the last day of that period of entitlement;

“claim” means a claim made in accordance with regulation 22;

“couple” means a married or an unmarried couple;

“earnings” means, unless the context requires otherwise, any earnings which are payable within the bonus period and which—

(a)

where the qualifying benefit is income support, are net earnings or net profit within the meaning of regulation 2 of the Income Support Regulations or are treated as earnings in accordance with regulation 42(5) or (6) of the Income Support Regulations; or

(b)

where the qualifying benefit is a jobseeker’s allowance, are net earnings or net profit within the meaning of regulation 1(3) of the Jobseeker’s Allowance Regulations or are treated as earnings in accordance with regulation 105(12) or (13) of the Jobseeker’s Allowance Regulations,

and for this purpose an amount is payable on the date it is treated as paid for the purpose of regulation 31 of the Income Support Regulations where the qualifying benefit is income support, and for the purpose of regulation 96 of the Jobseeker’s Allowance Regulations where the qualifying benefit is a jobseeker’s allowance;

“employment” includes any trade, business, profession, office or vocation;

“the Income Support Regulations” means the Income Support (General) Regulations 1987(1);

“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996(2);

“partner” means where the person—

(a)

is a member of a married or unmarried couple, the other member of that couple;

(b)

is married polygamously to two or more members of his household, any such member;

“pensionable age” has the meaning it has in section 122(1) of the Benefits Act;

“period of entitlement to a qualifying benefit” shall be construed in accordance with regulations 2 and 3;

“polygamous marriage” means any marriage during the subsistence of which a party to it is married to more than one person and the ceremony of marriage took place under the law of a country which permits polygamy;

“training” means training for which a training allowance is payable;

“training allowance” means an allowance (whether by way of periodical grants or otherwise) payable—

(a)

out of public funds by a Government department or by or on behalf of the Secretary of State for Education and Employment, Scottish Enterprise or Highlands and Islands Enterprise; and

(b)

to a person for his maintenance or in respect of a member of his family; and

(c)

for the period, or part of the period, during which he is following a course of training or instruction provided by, or in pursuance of arrangements made with, that department or approved by that department in relation to him or so provided or approved by or on behalf of the Secretary of State for Education and Employment, Scottish Enterprise or Highlands and Islands Enterprise,

but it does not include an allowance paid by any Government department to or in respect of a person by reason of the fact that he is following a course of full-time education, other than under arrangements made under section 2 of the Employment and Training Act 1973(3) or section 2 of the Enterprise and New Towns (Scotland) Act 1990(4), or is training as a teacher;

“waiting period” means the period of 91 consecutive days to which regulation 6 refers;

“week” means a period of 7 days;

“work condition” has the meaning it has in regulation 7(2)(b).

(3) For the purposes of these Regulations the qualifying benefits are a jobseeker’s allowance and income support.

(4) In these Regulations, unless the context otherwise requires, a reference—

(a) to a numbered section is to the section of the Act bearing that number;

(b) to a numbered regulation is to the regulation in these Regulations bearing that number;

(c) in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number;

(d) in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.

(1)

S.I. 1987/1967.

(2)

S.I. 1996/207; relevant amending instruments are 1996/1516, 1517 & 2538.

(3)

1973 c. 50.

(4)

1990 c. 35.