The Income Support (General) Regulations 1987

Persons not treated as engaged in remunerative work E+W+S

6.— [F1 (1)] A person shall not be treated as engaged in [F2 remunerative work in so far as—]

F3 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) he is engaged in child minding in his home;

(c) he is engaged by a charity or [F4 voluntary organisationF5 ...,] or is a volunteer where the only payment received by him or due to be paid to him, is a payment which is to be disregarded under regulation 40(2) and paragraph 2 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings);

(d) he is engaged on a scheme for which a training allowance is being paid; F6 ...

F7 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7 (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F8 (h) he is engaged in any one of the employments mentioned in heads (a) to (d) of sub-paragraph (1) of paragraph 7 of Schedule 8 (which relates to persons serving as firemen, in coastal rescue activities etc); F9 ...]

[F8 (j) he is performing his duties as a councillor, and for this purpose “councillor” has the same meaning as in [F10 section 171F(2) of the Contributions and Benefits Act][F11 ; or]]

[F12 (k) he is engaged in caring for a person who is accommodated with him by virtue of arrangements made under any of the provisions referred to in paragraph 26 [F13 or in accordance with paragraph 27] of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) and is in receipt of any payment specified in [F14 those paragraphs].]

[F15 (m) he is engaged in an activity in respect of which—

(i) a sports award has been made, or is to be made, to him; and

(ii) no other payment is made or is expected to be made to him.]

[F16 (2) A lone parent shall not be treated as engaged in remunerative work for the period specified in paragraph (3) in so far as—

(a) he is engaged in work which—

(i) is remunerative work; and

(ii) he is expected to be engaged in for a period of no less than five weeks; and

(b) he had been, for a continuous period of 26 weeks ending on the day before the day on which he commenced the work referred to in sub-paragraph (a)—

(i) entitled to and in receipt of income support or income-based jobseeker’s allowance; and

(ii) a lone parent.

(3) A person referred to in paragraph (2) shall not be treated as engaged in remunerative work for the period of 14 days commencing with the day on which he was first engaged in the work referred to in sub-paragraph (a) of that paragraph.]

[F17 (4) The following persons shall not be treated as engaged in remunerative work–

(a) a person who is mentally or physically disabled and by reason of that disability–

(i) his earnings are reduced to 75 per cent. or less of what a person without that disability and working the same number of hours would reasonably be expected to earn in that employment or in comparable employment in the area; or

(ii) his number of hours of work are 75 per cent. or less of what a person without that disability would reasonably be expected to undertake in that employment or in comparable employment in the area;

(b) subject to regulation 5(4) and (5) (persons treated as engaged in remunerative work), a person to whom section 126 of the Contributions and Benefits Act (trade disputes) applies or in respect of whom section 124(1) of that Act (conditions of entitlement to income support) has effect as modified by section 127(b) of that Act (effect of return to work);

(c) a person to whom paragraph 4 of Schedule 1B applies;

(d) a person who is in employment and who lives in, or is temporarily absent from, a residential care home, a nursing home or residential accommodation, and either–

(i) his, or his partner’s, applicable amount falls to be calculated in accordance with Part I of Schedule 4 (applicable amounts of persons in residential care and nursing homes) or, as the case may be, paragraph 9, 10 to 10C, 13, 16 or 18 of Schedule 7 (applicable amounts in special cases); or

(ii) he or his partner satisfies the conditions specified in paragraph 2A(2) of Part I of Schedule 2 (conditions for entitlement to a residential allowance).]

Textual Amendments

F1 Reg. 6(1): reg. 6 renumbered as reg. 6(1) (4.10.1999) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/2556), regs. 1, 2(3)

F2 Words in reg. 6 substituted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 4(a)

F3 Reg. 6(1)(a) omitted (3.4.2000) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/681), regs. 1(1)(c), 2(b)(i)

F4 Words in reg. 6(c) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No.5) Regulations 1994 (S.I. 1994/2139), regs. 1(1)(a), 23(a)

F5 Words in reg. 6(c) omitted (10.4.1995) by virtue of The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1995 (S.I. 1995/516), regs. 1(1)(a), 20 (with reg. 1(2))

F6 Word in reg. 6(d)(e) omitted (6.4.1992) by virtue of The Income Support (General) Amendment Regulations 1992 (S.I. 1992/468), regs. 1(1), 2(a) (with reg. 1(2))

F7 Reg. 6(1)(e)-(g) omitted (3.4.2000) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/681), regs. 1(1)(c), 2(b)(i)

F8 Reg. 6(h)(j) added (6.4.1992) by The Income Support (General) Amendment Regulations 1992 (S.I. 1992/468), regs. 1(1), 2(b) (with reg. 1(2))

F9 Word in reg. 6(h) revoked (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 3) Regulations 1992 (S.I. 1992/2155), regs. 1(1), 13(a)

F10 Words in reg. 6(1)(j) substituted (3.4.2000) by The Social Security (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/681), regs. 1(1)(c), 2(b)(ii)

F11 Words in reg. 6(j) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 3) Regulations 1992 (S.I. 1992/2155), regs. 1(1), 13(b)

F12 Reg. 6(k) added (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 3) Regulations 1992 (S.I. 1992/2155), regs. 1(1), 13(c)

F13 Words in reg. 6(k) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No.5) Regulations 1994 (S.I. 1994/2139), regs. 1(1)(a), 23(b)

F14 Words in reg. 6(k) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No.5) Regulations 1994 (S.I. 1994/2139), regs. 1(1)(a), 23(b)

F15 Reg. 6(m) added (23.8.1999) by The Social Security Amendment (Sports Awards) Regulations 1999 (S.I. 1999/2165), regs. 1(1), 6(2)

F16 Reg. 6(2)(3) added (4.10.1999) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/2556), regs. 1, 2(3)

F17 Reg. 6(4) added (3.4.2000) by The Social Security (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/681), regs. 1(1)(c), 2(b)(iii)

Modifications etc. (not altering text)

C1 Reg. 6(1) modified (temp.) (29.11.1999) by The Social Security (New Deal Pilot) Regulations 1999 (S.I. 1999/3156), regs. 1(1), 13(2) (with regs. 1(2), 11, 19)

Commencement Information

I1 Reg. 6 in force at 11.4.1988, see reg. 1