Part VSanctions

Person of a prescribed description for the purpose of Article 22(3) of the Order

74.—(1) Subject to paragraph (2), a person shall be of a prescribed description for the purposes of Article 22(3) of the Order (exemption from non-payment of jobseeker’s allowance) and shall not fall within Article 21(6)(b) or (d) of the Order (circumstances in which a jobseeker’s allowance is not payable) if he has neither worked in employed earner’s employment, nor has been a self-employed earner, nor been a full-time student nor been in relevant education, during the period of 13 weeks preceding the day of the commencement of the employment.

(2) For the purposes of paragraph (1), a person shall not be regarded as having—

(a)worked in employed earner’s employment;

(b)been a self-employed earner, or

(c)been a full-time student or been in relevant education,

by reason only of any engagement in an activity referred to in paragraph (3) or by his attendance for a period of up to 14 days at a work camp.

(3) The activities referred to in this paragraph are—

(a)the manning or launching of a lifeboat, or

(b)the performance of duty as a part-time member of a fire brigade.

(4) A trial period in Article 22(3) of the Order means a period of 8 weeks beginning with the commencement of the 5th week of the employment in question and ending at the end of the 12th week of that employment and for the purposes of this definition in determining the time at which the 5th week of the employment in question commences or at which the 12th week of that employment ends, any week in which a person has not worked in the employment for at least 16 hours shall be disregarded.