Modifications etc. (not altering text)
C1Pt. II (ss. 20-62) excluded (13.1.1993) by S.R. 1979/242, reg. 4(1) (as substituted (13.1.1993) by S.R. 1992/557, reg. 3).
C2Pt. II (ss. 20-62): power to apply conferred (1.7.1992) by Social Security Administration (Northern Ireland) Act 1992 (c. 8), ss. 161, 168(4), Sch. 6 para. 1(3)(a).
C3Pt. II: power to amend or modify conferred (1.12.1999) by S.I. 1999/3147 (N.I. 11), art. 49(2)(3)
C4Pt. II modified (temp. from 1.12.1999 to 5.10.2002) by S.I. 1999/3147 (N.I. 11), art. 49(7)(a) (the temp. modification lapsing on the coming into operation of S.R. 2001/441, which modifies specified provisions of Pt. II, on 6.10.2002)
(1)Nothing in section 28 above or in regulations under that section shall be taken to disqualify a person for receiving unemployment benefit by reason only of his refusal—
(a)to seek or accept employment in a situation which is vacant in consequence of a stoppage of work due to a trade dispute; or
(b)to seek or accept during the permitted period any employment other than employment in his usual occupation at a level of remuneration not lower than he is accustomed to receive.
(2)Regulations shall make provision for the purpose of enabling any person of a prescribed description to accept any employed earner’s employment without being disqualified under—
(a)subsection (1)(a) of section 28 above, so far as it relates to a person who voluntarily leaves such employment without just cause, or
(b)subsection (1)(c) of that section,
should he leave that employment voluntarily and without just cause at any time after the end of the 6th week, but not later than the end of the 12th week, of a trial period.
(3)In this section—
“permitted period”, in relation to any person, means such period, whether expired or not, as may be determined in accordance with regulations by an adjudication officer on the submission of the question whether that person is disqualified under section 28 above for receiving unemployment benefit; and any such regulations may prescribe—
the day on which any such period shall be regarded as having commenced in any case;
the shortest and longest periods which may be so determined in any case; and
criteria to which the adjudication officer is to have regard in determining the permitted period in any case;
“trial period” means a period of 12 weeks beginning with the commencement of the employment in question; but regulations may—
make provision for the purpose of determining the day on which a person’s employment is to be regarded as commencing; and
provide that, for the purpose of determining the time at which the 6th or 12th week of a trial period ends, prescribed periods may be disregarded in prescribed circumstances.