PART IICONDITIONS OF ENTITLEMENT

Persons not treated as engaged in remunerative workI16

F121

A person shall not be treated as engaged in F1remunerative work in so far as—

F14a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

he is engaged in child minding in his home;

c

he is engaged by a charity or F7voluntary organisationF10..., 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) F32and in this paragraph “volunteer” means a person who is engaged in voluntary work, otherwise than for a relative, where the only payment received, or due to be paid to the person by virtue of being so engaged, is in respect of any expenses reasonably incurred by the person in connection with that work;

d

he is engaged on a scheme for which a training allowance is being paid; F2...

F18dd

he is receiving assistance under the self-employment route;

F16e

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16f

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16g

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3h

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); F4...

F3j

he is performing his duties as a councillor, and for this purpose “councillor” has the same meaning as in F15section 171F(2) of the Contributions and Benefits ActF5; or

F6k

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 F8or 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 F9those paragraphs.

F33ka

he is engaged in caring for a person who is provided with continuing care by a local authority by virtue of arrangements made under section 26A of the Children (Scotland) Act 1995 (duty to provide continuing care) and is in receipt of a payment made under that section of that Act;

F11m

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.

F192

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F203

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F134

The following persons shall not be treated as engaged in remunerative work–

F30a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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;

F31d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F175

A person shall not be treated as engaged in remunerative work for the period specified in paragraph (6) in so far as—

a

he or his partner is engaged in work which—

i

is remunerative work; and

ii

he, or his partner, is expected to be engaged in for a period of no less than five weeks;

b

he or his partner had, 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), been entitled to and in receipt of income support F27, an income-based jobseeker's allowance or an income-related employment and support allowance;

c

he or his partner had, as at the day before the day on which he commenced the work referred to in sub-paragraph (a), an applicable amount which included—

i

an amount determined in accordance with Schedule 3 (housing costs) as applicable to him in respect of F24housing costs which qualify F34under paragraph 17 of that Schedule; F28...

ii

an amount determined in accordance with Schedule 2 to the Jobseeker’s Allowance Regulations 1996 (housing costs) as applicable to him in respect of F25housing costs which qualify F35under paragraph 16 of that Schedule; F29or

iii

an amount determined in accordance with Schedule 6 to the Employment and Support Allowance Regulations (housing costs) as applicable to him in respect of housing costs which qualify F36under paragraph 18 of that Schedule; and

d

he or his partner remain liable to make payments F26in respect of such housing costs.

6

A person referred to in paragraph (5) shall not be treated as engaged in remunerative work for—

a

the period of four weeks commencing with the day on which he was first engaged in the work referred to in sub-paragraph (a) of that paragraphF22...

F21b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

In calculating the period of benefit entitlement referred to in paragraphF23... (5)(b), no account shall be taken of entitlement arising by virtue of paragraphF23... (6).

8

In paragraph (5), a reference to the claimant or his partner being entitled to and in receipt of an income-based jobseeker’s allowance or to an amount being applicable to either of them under the Jobseeker’s Allowance Regulations 1996 shall include a reference to the claimant and his partner being entitled to, and in receipt of, a joint-claim jobseeker’s allowance and to an amount being applicable to that couple under those Regulations.