The Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983

Modifications of normal idle day rule

19.—(1) This regulation shall apply for the purposes of section 17(1)(b) (normal idle day rule).

(2) Where a person is employed in an employed earner's employment which has not been terminated but has been indefinitely suspended, that employment shall be treated as if it had been terminated on the date on which it was suspended if the period of the suspension consists of not less than 6 consecutive days in a continuous period of days on which the suspension has lasted ascertained in accordance with section 17(1)(b) as substituted by section 17(3)(a).

(3) Where in any week a person is employed in an employed earner's employment which has not been terminated, if—

(a) in relation to that person, that employment is casual employment; or

(b) in the normal course, that person would not work for the employer by whom he is employed in that employment; or

(c) it has been treated as having been terminated for the purpose of section 17(1)(b) as substituted by section 17(3)(a); or

(d) account falls to be taken, in determining the person's normal course of work, of any period of short-time working due to adverse industrial conditions;

that employment shall be treated, as respects that week, as if it had been terminated immediately after its commencement.

(4) If, as respects any day, a person satisfies the following conditions, that is to say—

(a) in the normal course, he would work on that day in an employed earner's employment which has not been, and does not fall to be treated as if it had been, terminated but has been suspended; and

(b) on that day, he works either—

(i) in some other employed earner's employment which, by virtue of paragraph (3)(a), (b) or (c), falls to be treated, as respects the week in which that day occurs, as if it had been terminated; or

(ii) in an employment which, if it were an employed earner's employment, would be such an employment as is described in head (i) of this sub-paragraph;

that day shall be treated as a day of interruption of employment if, but for his having so worked on that day, it would have been so treated.

(5) A day shall not be treated as a day of unemployment if—

(a) were no account taken, in determining a person's normal course of work, of any period of short-time working due to adverse industrial conditions, it would have been treated as not being a day of unemployment by virtue of section 17(1)(b); but

(b) it is excluded from the operation of that section by the provisions of paragraph (3)(d).

(6) The employment of a person shall be treated as if it had been terminated immediately after its commencement, unless—

(a) there is a recognised or customary working week in connection with his employment; or

(b) he regularly works for the same number of days in a week for the same employer or group of employers.