The Social Security (Credits) Regulations 1975

[F1Credits for unemployment

8A.—(1) F2...for the purposes of entitlement to any benefit by virtue of a person’s earnings or contributions, he shall be entitled to be credited with earnings equal to the lower earnings limit then in force, in respect of each week to which this regulation applies.

(2) Subject to paragraph (5) this regulation applies to a week which, in relation to the person concerned, is—

(a)a week for the whole of which he was paid a jobseeker’s allowance; or

[F3(b)a week for the whole of which the person in relation to old style JSA—

(i)satisfied or was treated as having satisfied the conditions set out in paragraphs (a), (c) and (e) to (h) of section 1(2) of the Jobseekers Act 1995 (conditions for entitlement to a jobseeker’s allowance); and

(ii)satisfied the further condition specified in paragraph (3) below; or]

[F3(ba)a week for the whole of which the person in relation to new style JSA—

(i)satisfied or was treated as having satisfied the conditions set out in paragraphs (e) to (h) of section 1(2) of the Jobseekers Act 1995 (conditions for entitlement to a jobseeker’s allowance);

(ii)satisfied or was treated as having satisfied the work-related requirements under section 6D and 6E of the Jobseekers Act 1995 (work search and work availability requirements); and

(iii)satisfied the further condition specified in paragraph (3) below; or]

(c)a week which would have been a week described in sub-paragraph (b) [F4or (ba)] but for the fact that he was incapable of work [F5or had limited capability for work] for part of it [F6or]

(d)[F6a week in respect of which he would have been paid a jobseeker’s allowance but for a restriction imposed pursuant to F7... [F8section [F96B,] 7, 8 or 9 of the Social Security Fraud Act 2001] (loss of benefit provisions)]

(3) The further condition referred to in paragraph (2)(b) [F10and (ba)] is that the person concerned—

(a)furnished to the Secretary of State notice in writing of the grounds on which he claims to be entitled to be credited with earnings—

(i)on the first day of the period for which he claims to be so entitled in which the week in question fell; or

(ii)within such further time as may be reasonable in the circumstances of the case; and

(b)has provided any evidence required by the Secretary of State that the conditions referred to in paragraph (2)(b) [F11or the conditions and requirements in paragraph (2)(ba)] are satisfied.

F12(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) This regulation shall not apply to—

(a)a week in respect of which the person concerned was not entitled to a jobseeker’s allowance (or would not have been if he had claimed it) because of section 14 of the Jobseekers Act 1995 (trade disputes); or

(b)a week in respect of which, in relation to the person concerned, there was in force a direction under section 16 of that Act (which relates to persons who have reached the age of 16 but not the age of 18 and who are in severe hardship); or

[F13(ba)F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F15(c)a week in respect of which, in relation to the person concerned—

(i)an old style JSA was reduced in accordance with section 19 or 19A, or regulations made under section 19B, of the Jobseekers Act 1995; or

(ii)a new style JSA was reduced in accordance with section 6J or 6K of the Jobseekers Act 1995; or]

[F16(cc)F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(d)a week in respect of which a jobseeker’s allowance was payable to the person concerned only by virtue of regulation 141 of the Jobseeker’s Allowance Regulations 1996 (circumstances in which an income-based jobseeker’s allowance is payable to a person in hardship); or

[F17(dd)a week in respect of which a joint-claim jobseeker’s allowance was payable in respect of a joint-claim couple of which the person is a member only by virtue of regulation 146C of the Jobseeker’s Allowance Regulations 1996 (circumstances in which a joint-claim jobseeker’s allowance is payable where a joint-claim couple is a couple in hardship);]

[F18(de)a week where paragraph (2)(b), (ba) or (c) apply and the person concerned was entitled to universal credit for any part of that week; or]

(e)where the person concerned is a married woman, a week in respect of any part of which an election made by her under regulations made under section 19(4) of the Contributions and Benefits Act had effect.]

[F19(6) In this regulation—

“new style JSA” means a jobseeker’s allowance under the Jobseekers Act 1995 as amended by the provisions of Part 1 of Schedule 14 to the 2012 Act that remove references to an income-based allowance;

“old style JSA” means a jobseeker’s allowance under the Jobseekers Act 1995 as it has effect apart from the amendments made by Part 1 of Schedule 14 to the 2012 Act that remove references to an income-based allowance.]

Textual Amendments

F14Reg. 8A(5)(c) substituted for reg. 8A(5)(ba)-(cc) (22.10.2012) by The Jobseekers Allowance (Sanctions) (Amendment) Regulations 2012 (S.I. 2012/2568), regs. 1(1), 9

Modifications etc. (not altering text)