Social Security Act 1986

44 Unemployment benefit-trade disputes

(1) The following subsections shall be substituted for subsection (1) of section 19 of the [1975 c. 14.] Social Security Act 1975 (disqualification for unemployment benefit)—

“(1) Subject to the following provisions of this section—

(a) an employed earner who has lost employment as an employed earner by reason of a stoppage of work due to a trade dispute at his place of employment is disqualified for receiving unemployment benefit for any day during the stoppage unless he proves that he is not directly interested in the dispute; and

(b) an employed earner who has withdrawn his labour in furtherance of a trade dispute but does not fall within paragraph (a) above is disqualified for receiving unemployment benefit for any day on which his labour remains withdrawn.

(1A) A person disqualified under subsection (1)(a) above for receiving unemployment benefit shall cease to be so disqualified if he proves that during the stoppage—

(a) he has become bona fide employed elsewhere; or

(b) his employment has been terminated by reason of redundancy within the meaning of section 81(2) of the [1978 c. 44.] Employment Protection (Consolidation) Act 1978; or

(c) he has bona fide resumed employment with his employer but has subsequently left for a reason other than the trade dispute.”.

(2) The following shall be inserted after section 49 of that Act—

“Trade disputes

49A Effect of trade disputes on entitlement to increases.

A beneficiary shall not be entitled—

(a) to an increase in any benefit under sections 44 to 48 above; or

(b) to an increase in benefit for an adult dependant by virtue of regulations under section 49 above,

if the person in respect of whom he would be entitled to the increase—

(i) is disqualified under section 19 above for receiving unemployment benefit; or

(ii) would be so disqualified if he were otherwise entitled to that benefit”.