The Jobseeker’s Allowance Regulations 1996

to a numbered section is to the section of the Act bearing that number;

to a numbered Part is to the Part of these Regulations bearing that number;

to a numbered regulation or Schedule is to the regulation in or Schedule to these Regulations bearing that number;

in a regulation or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number;

in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.

any member of the claimant’s family;

a child or young person who is living with the claimant but who is not a member of his household by virtue of regulation 78 (circumstances in which a person is to be treated as being or not being a member of the household);

a person who lives with the claimant in order to care for him or for the claimant’s partner and who is engaged for that purpose by a charitable or voluntary organisation (other than a public or local authority) which makes a charge to the claimant or the claimant’s partner for the care provided by that person;

the partner of a person to whom sub-paragraph (c) applies.

who is liable to make payments on a commercial basis to the claimant or the claimant’s partner in respect of his occupation of the claimant’s dwelling;

to whom the claimant or the claimant’s partner is liable to make payments on a commercial basis in respect of his occupation of that person’s dwelling;

who is a member of the household of a person to whom sub-paragraph (a) or (b) applies.

a partner of a person to whom sub-paragraph (a) applies.

a person’s entitlement to a jobseeker’s allowance commences within 12 weeks of an entitlement of his to income support, incapacity benefit or invalid care allowance coming to an end; or

a claim for a jobseeker’s allowance falls to be determined by reference to section 3(1)(f)(ii) (persons under the age of 18).

a claimant does not satisfy any of the requirements in section 1(2)(a) to (c), and

a jobseeker’s allowance is payable to him in accordance with Part IX (Hardship),

any period in respect of which no claim for a jobseeker’s allowance has been made or treated as made;

such period as falls before the day on which a claim for a jobseeker’s allowance is made or treated as made or, where good cause is shown for a claim outside the prescribed time for claiming, before the earliest date in respect of which good cause is shown;

where a claim for a jobseeker’s allowance has been made or treated as made but no entitlement to benefit arises in respect of a period before the date of claim by virtue of section 1(2) of the Administration Act (limits for backdating entitlement), that period;

any week in which a claimant is not entitled to a jobseeker’s allowance in accordance with section 14 (trade disputes).

which falls within a jobseeking period F96and either;

where a linked period commenced before 7th October 1996F101..., any days of unemployment which form part of a period of interruption of employment where the last day of unemployment in that period of interruption of employment was no more than 8 weeks before the date upon which that linked period commenced;

where a jobseeking period or a linked period commences on 7th October 1996, any period of interruption of employment ending within the 8 weeks preceding the day the jobseeking period or linked period commenced,

where a jobseeking period or a linked period commences after 7th October 1996, any period of interruption of employment ending within the 12 weeks preceding that date,

any period of not more than 12 weeks;

linked period;

a period in respect of which the claimant is summoned for jury service and is required to attend court.

to the extent specified in paragraph (3), any period throughout which the claimant is entitled to an invalid care allowance under section 70 of the Benefits Act;

any period throughout which the claimant is incapable of work, or is treated as incapable of work, in accordance with Part XIIA of the Benefits Act F105;

any period throughout which the claimant was entitled to a maternity allowance under section 35 of the Benefits Act;

any period throughout which the claimant was engaged in training for which a training allowance is payable.

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is employed as an employed earner or a self-employed earner for a period of more than 12 weeks, then no day which falls within or follows that period shall be days on which the person is treated as satisfying those conditions so however that this paragraph shall not prevent paragraph (2) from again applying to a person who makes a claim for a jobseeker’s allowance after that period.

not exceeding 4 weeks in the circumstances specified in paragraphs (2), (3) and (4);

not exceeding 8 weeks in the circumstances specified in paragraph (5).

the claimant is in Northern Ireland and satisfies the conditions of entitlement to a jobseeker’s allowance; and

immediately preceding the period of absence from Great Britain the claimant was entitled to a jobseeker’s allowance; and

the period of absence is unlikely to exceed 52 weeks.

immediately preceding the period of absence from Great Britain the claimant was entitled to a jobseeker’s allowance; and

the period of absence is unlikely to exceed 52 weeks; and

while absent from Great Britain, the claimant continues to satisfy, or be treated as satisfying, the other conditions of entitlement to a jobseeker’s allowance; and

is one of a couple, both of whom are absent from Great Britain, where a premium referred to in paragraphs 10, 11, 12, 13 or 15 of Schedule 1 (applicable amounts) is applicable in respect of the claimant’s partner.

while absent from Great Britain the person is in receipt of a training allowance; and

regulation 170 (person in receipt of training allowance) applies in his case; and

immediately preceding his absence from Great Britain, he was entitled to a jobseeker’s allowance.

immediately preceding the period of absence from Great Britain, the claimant was entitled to a jobseeker’s allowance; and

the period of absence is unlikely to exceed 52 weeks; and

the claimant continues to satisfy or be treated as satisfying the other conditions of entitlement to a jobseeker’s allowance; and

the claimant is, or the claimant and any other member of his family are, accompanying a member of the claimant’s family who is a child or young person solely in connection with arrangements made for the treatment of that child or young person for a disease or bodily or mental disablement; and

the absence is for the purpose of attending an interview for employment; and

the absence is for 7 consecutive days or less; and

notice of the proposed absence is given to the employment officer before departure, and is given in writing if so required by the officer; and

on his return to Great Britain the person satisfies the employment officer that he attended for the interview in accordance with his notice.

in the case of the claimant, work in which he is engaged or, where his hours of work fluctuate, is engaged on average, for not less than 16 hours per week; and

in the case of any partner of the claimant, work in which he is engaged or, where his hours of work fluctuate, is engaged on average, for not less than 24 hours per week F113and;

in the case of a non-dependant, or of a child or young person to whom paragraph 18 of Schedule 6 refers, work in which he is engaged or, where his hours of work fluctuate, is engaged on average, for not less than 16 hours per week,

where no recognisable cycle has been established in respect of a person’s work, by reference to the number of hours or, where those hours are likely to fluctuate, the average of the hours, which he is expected to work in a week;

where the person works at a school or other educational establishment or at some other place of employment and the cycle of work consists of one year but with school holidays or similar vacations during which he does no work, by disregarding those periods and any other periods in which he is not required to work.

that number shall include any time allowed to that person by his employer for a meal or for refreshments, but only where the person is, or expects to be, paid earnings in respect of that time;

no account shall be taken of any hours in which the person is engaged in an employment or scheme to which any one of paragraphs (a) to (h) of regulation 53 (person treated as not engaged in remunerative work) applies;

the partner is or was involved in a trade dispute; and

had the partner claimed a jobseeker’s allowance, section 14 (trade disputes) would have applied in his case; and

the claimant was not entitled to an income-based jobseeker’s allowance when the partner became involved in the trade dispute;

is a part-time student; and

before he became a part-time student fulfilled the requirements specified for a person falling within paragraph (2) of regulation 11 (part-time students); and

is undertaking a course of study, other than a course of advanced education or a course of study of a kind specified in head (i), (ii) or (iii) of the definition of “full-time student" in regulation 1(3),

F126has been awarded a jobseeker’s allowance or is a person to whom any of the circumstances mentioned in section 19(5) or (6) apply; and

proves to the satisfaction of the adjudication officer that he is unable to work on account of some specific disease or disablement; and

but for his disease or disablement, F127would satisfy the requirements for entitlement to a jobseeker’s allowance other than those specified in section 1(2)(a), (c) and (f) (available for and actively seeking employment, and capable of work),

an entitlement of his to incapacity benefit, severe disablement allowance or statutory sick pay; or

an entitlement to income support where the person claiming a jobseeker’s allowance satisfied the requirements for a disability premium by virtue of paragraph 12(1)(b) of Schedule 2 to the Income Support Regulations.

in the case of a person who was not treated as a child by virtue of section 142(1)(a) of the Benefits Act immediately before he was 16 and who has not been treated as a child by virtue of Regulation 7 of the Child Benefit (General) Regulations 1976 (interruption of full-time education), the period ending with the date determined in accordance with sub-paragraph (i), (ii) or (iii) of paragraph (a) as if he had ceased full-time education on the first date on which education ceased to be compulsory for a person of his age in England and Wales or, if he is resident in Scotland, in Scotland;

a person who has no parent nor any person acting in the place of his parents;

in Scotland, any reference in this regulation to a person acting in place of a person’s parents includes a reference to a local authority or voluntary organisation where the person is in its care under a relevant enactment, or to a person with whom the person is boarded out by a local authority or voluntary organisation whether or not any payment is made by it.

a person who falls under any of the following paragraphs of Schedule 1B to the Income Support Regulations F140

a person who is a member of a couple and is treated as responsible for a child who is a member of his household;

a person who is laid off or kept on short-time, who is available for employment in accordance with section 6 and Chapter II of Part II read with regulation 64 and who has not been laid off or kept on short-time for more than 13 weeks;

a person who is temporarily absent from Great Britain because he is taking a member of his family who is a child or young person abroad for treatment, and who is treated as being in Great Britain in accordance with regulation 50(1)(b) or whose entitlement to income support is to continue in accordance with regulation 4(3) of the Income Support Regulations and who is not claiming a jobseeker’s allowance or income support;

a person who is incapable of work and training by reason of some disease or bodily or mental disablement if, in the opinion of a medical practitioner, that incapacity is unlikely to end within 12 months because of the severity of that disease or disablement.

a person who has ceased to live in accommodation provided for him by a local authority under Part III of the Children Act 1989 F141 (local authority support for children and families) and is of necessity living away from his parents and any person acting in place of his parents;

a person who has been discharged from any institution to which the Prison Act 1952 F142 applies or from custody under the Criminal Procedure (Scotland) Act 1975 F143 after the child benefit extension period and who is a person falling within paragraph (2) of regulation 57.

Except where regulation 61(1)(d) or (e) applies, the period in the case of a person falling within paragraph 1(a) is the period which begins on the day on which that paragraph first applies to that person and ends on the day before the day on which that person attains the age of 18 or the day at the end of a period of 8 weeks immediately following the day on which paragraph 1(a) first had effect in relation to him, whichever is the earlier; and this period may include any week in which regulation 7 of the Child Benefit (General) Regulations 1976 (circumstances in which a person who has ceased to receive full-time education is to continue to be treated as a child) also applies to that person;

except where regulation 61(1)(d) or (e) applies, the period in the case of any person falling within paragraph 1(b) is the period beginning on the day after he was discharged, and ends on the last day of the period of 8 weeks beginning with the date on which the period began or on the day before the date on which that person attains the age of 18, whichever first occurs.

who is a person who is laid off or kept on short-time and is available for employment in accordance with section 6 and Chapter II of Part II read with regulation 64;

who is a member of a couple and is treated as responsible for a child who is a member of his household;

who falls within a prescribed category of persons for the purposes of section 124(1)(e) of the Benefits Act F144 and who is not claiming income support;

to whom section 3(1)(f)(ii) does not apply, who is a person falling within paragraph (2) of regulation 57, sub-paragraph (a) or (b) of paragraph (1) of regulation 60 or sub-paragraph (b) or (c) and who is unable to register with the Careers Service because of an emergency affecting the Careers Service and registers with the Employment Service in accordance with regulation 62(2);

to whom section 3(1)(f)(ii) does not apply, who is a person falling within paragraph (2) of regulation 57, sub-paragraph (a) or (b) of paragraph (1) of regulation 60 or sub-paragraph (b) or (c) and who would suffer hardship because of the extra time it would take him to register with the Careers Service and registers with the Employment Service in accordance with regulation 62(3);

who has accepted a firm offer of enlistment by one of the armed forces with a starting date not more than 8 weeks after the offer was made who was not in employment or training at the time of that offer and whose jobseeker’s allowance has never been reduced in accordance with regulation 63 or section 19(5)(b) or (c) or section 19(6)(c) or (d) read with regulation 68 or rendered not payable in accordance with section 19(6)(a) or (b) read with Part V.

The period in the case of any person falling within paragraph (1)(a) is the period starting with the date on which he was laid off or first kept on short-time and ending on the date on which he ceases to be laid off or kept on short-time or the day before the day he attains the age of 18 or at the expiry of the 13 week period starting with the date of the lay off, or date he was first kept on short-time, whichever first occurs;

except where paragraph (1)(d) or (e) applies, the period in the case of any person falling within paragraph (1)(b) or (c) is the period until the day before that person attains the age of 18 or until paragraph (1)(b) or (c) ceases to apply, whichever first occurs;

the period in the case of any person falling within paragraph (1)(d) is the period starting with the date of registration with the Employment Service and ending on the day on which the person is next due to attend in accordance with regulation 23 or on the date on which the period calculated in accordance with regulation 59(2) or 60(2) or sub-paragraph (b) would have expired, whichever first occurs;

the period in the case of any person falling within paragraph 1(e) is the period starting on the date of registration with the Employment Service and ending five days after that date or on the day after the day on which he registered with the Careers Service, or on the date on which the period calculated in accordance with regulation 59(2) or 60(2) or sub-paragraph (b) would have expired, whichever first occurs;

the period in the case of any person falling within paragraph 1(f) is the period starting with the date of claim and ending with the day before the day on which he is due to enlist or the day before he attains the age of 18, whichever first occurs.

he was previously entitled to an income-based jobseeker’s allowance and that entitlement ceased by virtue of the revocation of a direction under section 16 because he had failed to pursue an opportunity of obtaining training or rejected an offer of training;

he has failed to complete a course of training and no certificate has been issued to him under subsection (4) of section 17 with respect to that failure and on the day before he first attended the course he was not a new jobseeker; or

he has failed to complete a course of training and no certificate has been issued to him under subsection (4) of section 17 with respect to that failure and he lost his place on the course through his misconduct.

seeking training and

seeking full-time education.

this is the first occasion on which he has done an act or omission falling within section 19(5)(b) and he has not while claiming a jobseekers allowance failed to pursue an opportunity of obtaining training without good cause or rejected an offer of training without good cause or failed to complete a course of training and no certificate has been issued to him under subsection (4) of section 17 with respect to that training; and

at the time he did the act or omission falling within section 19(5)(b)(i), (ii) or (iv) he was F151... a new jobseeker or, in the case of an act or omission falling within section 19(5)(b)(iii), at the time he first attended the scheme or programme he was F151... a new jobseeker.

where he has been dismissed by his employer by reason of redundancy after volunteering or agreeing to be so dismissed, F157...

where he has left his employment on a date agreed with his employer without being dismissed, in pursuance of an agreement relating to voluntary redundancy F158or

where he has been laid off or kept on short-time to the extent specified in sub-section (1) of section 88 of the Employment Protection (Consolidation) Act 1978, and has complied with the requirements of that section.

any restrictions on availability which apply in the claimant’s case in accordance with regulations 6, 7, 8F160, 13 and 17A having regard to the extent of any disparity between those restrictions and the requirements of the vacancy in question;

the fact that the failure to undertake a particular employment or to carry out the jobseeker’s direction resulted from a religious or conscientious objection sincerely held;

any caring responsibilities which would, or did, make it unreasonable for the person to undertake a particular employment or carry out the jobseeker’s direction;

the time it took, or would normally take, for the person to travel from his home to the place of the employment or to a place mentioned in the jobseeker’s direction and back to his home by a route and means appropriate to his circumstances and to the employment or to the carrying out of the jobseeker’s direction;

the act or omission took place within a period of 4 weeks before the end of his qualifying course or of his examinations; or

the employment consists of employment for which he is not required to be available in accordance with regulation 17A(3)(c) unless it is permanent full-time employment.

refusing or failing to apply for, or refusing to accept, employment of any other kind when offered to him;

neglecting to avail himself of a reasonable opportunity of employment of any other kind;

refusing or failing to carry out a jobseeker’s direction given to him with a view to assisting him to find employment of any other kind.

results from restrictions on availability which apply in the claimant’s case for the period permitted in accordance with regulations 16 and 17;

results from the fact that the claimant is, in accordance with regulation 5(1) to (3) and (5), excepted from any requirement to be able to take up employment immediately, or is, in accordance with regulation 5(4), excepted from any requirement to be able to take up employment at a time when he is not available;

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

in a case where it has been agreed that the claimant may restrict his hours of availability to less than 24 hours a week, the employment in question is for less than 16 hours a week; or

in a case not falling within sub-paragraph (a), the employment is for less than 24 hours a week.

subject to paragraph (7), his income or outgoings or the income or outgoings of any other member of his household, or the income or outgoings which he or any other member of his household would have if he were to become employed or to carry out the jobseeker’s direction, or did have whilst carrying out the jobseeker’s direction, but for the purposes of this sub-paragraph a person’s outgoings shall not include any expenses taken into account under paragraph (2)(f);

the time it took, or would normally take, for the person to travel from his home to the place of the employment, or a place mentioned in the jobseeker’s direction, and back to his home where that time was or is normally less than one hour either way by a route and means appropriate to his circumstances and to the employment, or to the carrying out of the jobseeker’s direction, unless, in view of the health of the person or any caring responsibilities of his, that time was or is unreasonable.

where the claimant has agreed a restriction on the level of remuneration he was prepared to accept under regulations 13(3) and 16; or

the employment is remunerated only by commission.

it is employment with an employer for whom he has previously worked or with an employer who has succeeded that employer; and

the terms and conditions of employment in the situation are not less favourable than those in the situation which he held when he last worked for that employer.

the claimant’s failure to participate in the training scheme or employment programme resulted from a religious or conscientious objection sincerely held;

the time it took, or would normally have taken, for the claimant to travel from his home to the training scheme or employment programme and back to his home by a route and means appropriate to his circumstances and to the scheme or programme exceeded, or would normally have exceeded, one hour in either direction or, where no appropriate training scheme or employment programme is available within one hour of his home, such greater time as is necessary in the particular circumstances of the nearest appropriate scheme or programme;

the claimant was attending court as a party to any proceedings, or as a witness or as a juror;

the claimant was arranging or attending the funeral of a close relative or close friend;

the claimant was required to deal with some domestic emergency; or

the claimant was engaged during an emergency in duties for the benefit of others.

the claimant gave up a place on a training scheme or an employment programme and if he had continued to participate in it he would have, or would have been likely to have, put his health and safety at risk.

the act or omission relates to an employment programme specified in regulation 75(1)(a)(ii) or the training scheme specified in regulation 75(1)(b)(ii), and

he had not, prior to that act or omission, been given or sent a notice in writing by an employment officer referring to the employment programme or training scheme in question (“the specified programme") and advising him that if any of the circumstances mentioned in section 19(5)(b) arise in his case in relation to the specified programme his jobseeker’s allowance could cease to be payable or could be payable at a lower rate.

or the purposes of section 19(5)(b) where the act or omission was in relation to an employment programme and he was, or would have been, required to attend the employment programme at a time which would have prevented him from attending the qualifying course;

worked in employed earner’s employment; or

been a self-employed earner; or

been a full-time student or been in relevant education;

the manning or launching of a lifeboat; or

the performance of duty as a part-time member of a fire brigade.

on a course of advanced education;

entitled to a jobseeker’s allowance or would, but for section 3(1)(d) of the Act (provision against dual entitlement) be so entitled; or

entitled to income support or would, but for section 134(2) of the Benefits Act (exclusion from benefit) be so entitled.

except where sub-paragraph (b) applies, the person with whom the child or young person usually lives; or

where only one claim for child benefit has been made in respect of the child or young person, the person who made that claim.

that person does not intend to resume living with the other members of his family; or

his absence from the other members of his family is likely to exceed 52 weeks, unless there are exceptional circumstances (for example the person is in hospital or otherwise has no control over the length of his absence), and the absence is unlikely to be substantially more than 52 weeks.

one, both or all of them are patients detained in a hospital provided under section 4 of the National Health Service Act 1977 F174 (special hospitals) or section 90(1) of the Mental Health (Scotland) Act 1984 F175 (provision of hospitals for patients requiring special security); or

the claimant is abroad and does not satisfy the conditions of regulation 50 (persons absent from Great Britain); or

one of them is permanently in residential accommodation or a residential care home or a nursing home.

placed with the claimant or his partner by a local authority under section 23(2)(a) of the Children Act 1989 F177 or by a voluntary organisation under section 59(1)(a) of that Act; or

placed with the claimant or his partner prior to adoption; or

in accordance with a relevant Scottish enactment, boarded out with the claimant or his partner, whether or not with a view to adoption; or

placed for adoption with the claimant or his partner pursuant to a decision under the Adoption Agencies Regulations 1983 F178 or the Adoption Agencies (Scotland) Regulations 1984 F179.

is being looked after by a local authority under a relevant enactment; or

has been placed with a person other than the claimant prior to adoption; or

is in the care of a local authority under a relevant Scottish enactment; or

has been boarded out under a relevant Scottish enactment with a person other than the claimant prior to adoption; or

has been placed for adoption pursuant to a decision under the Adoption Agencies Regulations 1983 or the Adoption Agencies (Scotland) Regulations 1984; or

is detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court.

“relevant enactment" means the Army Act 1955 F183, the Social Work (Scotland) Act 1968 F184, the Matrimonial Causes Act 1973 F185, the Adoption (Scotland) Act 1978 F186, the Family Law Act 1986 F187 and the Children Act 1989 F188;

“relevant Scottish enactment" means the Army Act 1955, the Air Force Act 1955 F189, the Naval Discipline Act 1957 F190, the Adoption Act 1958 F191, the Matrimonial Proceedings Children Act 1958 F192, the Children Act 1958 F193, the Social Work (Scotland) Act 1968, the Family Law Reform Act 1969 F194, the Children and Young Persons Act 1969 F195, the Matrimonial Causes Act 1973, the Guardianship Act 1973 F196, the Children Act 1975 F197, the Domestic Proceedings and Magistrates’ Courts Act 1978 F198, the Adoption (Scotland) Act 1978, the Child Care Act 1980 F199, and the Foster Children Act 1980 F200;

“voluntary organisation" has the meaning assigned to it in the Children Act 1989 or, in Scotland, the Social Work (Scotland) Act 1968.