The Jobseeker’s Allowance Regulations 1996

PART I GENERAL

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Jobseeker’s Allowance Regulations 1996.

(2) These Regulations shall come into force on 7th October 1996.

(3) In these Regulations–

“the Act" means the Jobseekers Act 1995;

“attendance allowance" means–

(a) an attendance allowance under section 64 of the Benefits Act;

(b) an increase of disablement pension under section 104 or 105 of the Benefits Act (increases where constant attendance needed and for exceptionally severe disablement);

(c) a payment under regulations made in accordance with section 111 of, and paragraph 7(2) of Schedule 8 to, the Benefits Act (payments for constant attendance in workmen’s compensation cases);

(d) an increase in allowance which is payable in respect of constant attendance under section 111 of, and paragraph 4 of Schedule 8 to, the Benefits Act (industrial diseases benefit schemes);

(e) a payment by virtue of article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 1983 F1 or any analogous payment;

(f) any payment based on the need for attendance which is paid as an addition to a war disablement pension;

“benefit week" means a period of 7 days ending on the day which corresponds with the day of the week specified in a notice given or sent to the claimant in accordance with regulation 23 (attendance) [F2 requiring him to provide a signed declaration as referred to in regulation 24(6) or, in the case of a claimant who is not normally required to attend in person, on the day which corresponds with the day of the week specified by the Secretary of State in accordance with regulation 24(10) for the provision of a signed declaration,] except—

[F3 (a) where—

(i) the Secretary of State requires attendance otherwise than at regular two weekly intervals, or in the case of a claimant who is paid benefit in accordance with Part III, other than regulation 20A, of the Claims and Payments Regulations at the time he provides a signed declaration as referred to in regulation 24(6), the “benefit week” ends on such day as the Secretary of State may specify in a notice in writing given or sent to the claimant;

(ii) in accordance with an award of income support that includes the relevant day, the “benefit week” ends on a Saturday, the “benefit week” shall end on a Saturday, or on such other day as the Secretary of State may specify in a notice in writing given or sent to the claimant; or

(iii) in accordance with an award of unemployment benefit that includes the relevant day, the claimant is paid benefit in respect of a period of seven days ending on the week-day specified in a written notice given to him by the Secretary of State for the purpose of his claiming unemployment benefit, and that day is a Saturday, the “benefit week” shall end on a Saturday or on such other day as the Secretary of State may specify in a notice in writing given or sent to the claimant;]

[F4 (aa) where the Secretary of State has set a day for payment of a jobseeker’s allowance in respect of a claim, but no notice has yet been given or sent to the claimant in accordance with regulation 23, the “benefit week” means a period of 7 days ending on the day which has been set;]

(b) for the purpose of calculating any payment of income in accordance with Part VIII, “benefit week" also means the period of 7 days ending on the day before the first day of the benefit week following the date of claim or, as the case may be, the last day on which a jobseeker’s allowance is paid if it is in payment for;

“board and lodging accommodation" means–

(a) accommodation provided to a person or, if he is a member of a family, to him or any other member of his family, for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which both are cooked or prepared (by a person other than the person to whom the accommodation is provided or a member of his family) and are consumed in that accommodation or associated premises; or

(b) accommodation provided to a person in a hotel, guest house, lodging house or some similar establishment,

except accommodation provided by a close relative of his or of any other member of his family, or other than on a commercial basis;

[F5 “the Children Order" means the Children (Northern Ireland) Order 1995;]

F6 “Claims and Payments Regulations" means the Social Security (Claims and Payments) Regulations 1987;

F7 “close relative" means, except in Parts II, ... and V, a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, sister, or the spouse of any of the preceding persons or, if that person is one of an unmarried couple, the other member of that couple;

F8 “college of further education" means a college of further education within the meaning of Part I of the Further and Higher Education (Scotland) Act 1992;

“concessionary payment" means a payment made under arrangements made by the Secretary of State with the consent of the Treasury which is charged either to the National Insurance Fund or to a Departmental Expenditure Vote to which payments of benefit under the Act or the Benefits Act are charged;

“co-ownership scheme" means a scheme under which a dwelling is let by a housing association and the tenant, or his personal representative, will, under the terms of the tenancy agreement or of the agreement under which he became a member of the association, be entitled, on his ceasing to be a member and subject to any condition stated in either agreement, to a sum calculated by reference directly or indirectly to the value of the dwelling;

“couple" means a married or an unmarried couple;

“course of advanced education" means–

(a) a course leading to a postgraduate degree or comparable qualification, a first degree or comparable qualification, a diploma of higher education or a higher national diploma; or

(b) any other course which is of a standard above advanced GNVQ or equivalent, including a course which is of a standard above a general certificate of education (advanced level), a Scottish certificate of education (higher level) or a Scottish certificate of sixth year studies;

[F9 “course of study" means any course of study, whether or not it is a sandwich course and whether or not a grant is made for attending or undertaking it;]

“Crown tenant" means a person who occupies a dwelling under a tenancy or licence where the interest of the landlord belongs to Her Majesty in right of the Crown or to a government department or is held in trust for Her Majesty for the purposes of a government department, except (in the case of an interest belonging to Her Majesty in right of the Crown) where the interest is under the management of the Crown Estate Commissioners;

F10 “date of claim" means the date on which the claimant makes, or is treated as making, a claim for a jobseeker’s allowance for the purposes of regulation 6 of the Claims and Payments Regulations;

“disability living allowance" means a disability living allowance under section 71 of the Benefits Act;

[F11 "disabled person’s tax credit” means a disabled person’s tax credit under section 129 of the Contributions and Benefits Act;]

“dwelling occupied as the home" means the dwelling together with any garage, garden and outbuildings, normally occupied by the claimant as his home including any premises not so occupied which it is impracticable or unreasonable to sell separately, in particular, in Scotland, any croft land on which the dwelling is situated;

“earnings" has the meaning specified, in the case of an employed earner, in regulation 98, or in the case of a self-employed earner, in regulation 100;

[F12 “earnings top-up” means the allowance paid by the Secretary of State under the Earnings Top-up Scheme;

“the Earnings Top-up Scheme” means the Earnings Top-up Scheme 1996 as amended from time to time;]

“the Eileen Trust" means the charitable trust of that name established on 29th March 1993 out of funds provided by the Secretary of State for the benefit of persons eligible for payment in accordance with its provisions;

“employment-related course" means a course the purpose of which is to assist persons to acquire or enhance skills required for employment, for seeking employment or for a particular occupation;

[F13 “employment zone" means an area within Great Britain designated for the purposes of section 60 of the Welfare Reform and Pensions Act 1999 and an “employment zone programme" means a programme established for such an area or areas designed to assist claimants for a jobseeker’s allowance to obtain sustainable employment;]

[F13 “employment zone contractor" means a person who is undertaking the provision of facilities in respect of an employment zone programme on behalf of the Secretary of State for Education and Employment;]

F14 ...

F15 “full-time course of advanced education" means a course of advanced education which is...—

(a) F16 ...a full-time course of study which is not funded in whole or in part by [F17 the Learning and Skills Council for England or by the National Council for Education and Training for Wales] or a full-time course of study F18 ... which is not funded in whole or in part by the [F19 Scottish Ministers] at a college of further education [F20 or a full-time course of study which is a course of higher education and is funded in whole or in part by the [F19 Scottish Ministers]];

[F21 (b) a course of study which is funded in whole or in part by the Learning and Skills Council for England or by the National Council for Education and Training for Wales if it involves more than 16 guided hours per week for the student in question, according to the number of guided learning hours per week for that student set out—

(i) in the case of a course funded by the Learning and Skills Council for England, in his learning agreement signed on behalf of the establishment which is funded by the Learning and Skills Council for England for the delivery of that course; or,

(ii) in the case of a course funded by the National Council for Education and Training for Wales, in a document signed on behalf of the establishment which is funded by the National Council for Education and Training for Wales for the delivery of that course; or,]

(c) F22 ...a course of study (not being higher education) which is funded in whole or in part by the [F19 Scottish Ministers] at a college of further education if it involves—

(i) more than 16 hours per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff according to the number of hours set out in a document signed on behalf of the college; or

(ii) 16 hours or less per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff and it involves additional hours using structured learning packages supported by the teaching staff where the combined total of hours exceeds 21 per week, according to the number of hours set out in a document signed on behalf of the college;

“full-time student" means a person, other than a person in receipt of a training allowance, who is—

(a) aged less than 19 and undertaking a full-time course of advanced education or

(b) aged 19 or over but under pensionable age and–

(i) attending a full-time course of study which is not funded in whole or in part by [F17 the Learning and Skills Council for England or by the National Council for Education and Training for Wales] or a full-time course of study F23 ... which is not funded in whole or in part by the [F24 Scottish Ministers] at a college of further education [F25 or a full-time course of study which is a course of higher education and is funded in whole or in part by the [F24 Scottish Ministers] ;]

[F26 (ii) undertaking a course of study which is funded in whole or in part by the Learning and Skills Council for England or by the National Council for Education and Training for Wales if it involves more than 16 guided hours per week for the student in question, according to the number of guided learning hours per week for that student set out—

(aa) in the case of a course funded by the Learning and Skills Council for England, in his learning agreement signed on behalf of the establishment which is funded by the Learning and Skills Council for England for the delivery of that course; or,

(bb) in the case of a course funded by the National Council for Education and Training for Wales, in a document signed on behalf of the establishment which is funded by the National Council for Education and Training for Wales for the delivery of that course; or,]

(iii) undertaking a course of study (not being higher education) which is funded in whole or in part by the [F24 Scottish Ministers] at a college of further education if it involves—

(aa) more than 16 hours per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff according to the number of hours set out in a document signed on behalf of the college; or

(bb) 16 hours or less per week of classroom or workshop based programmed learning under the direct guidance of teaching staff and it involves additional hours using structured learning packages supported by the teaching staff where the combined total of hours exceeds 21 per week, according to the number of hours set out in a document signed on behalf of the college;

“the Fund" means moneys made available from time to time by the Secretary of State for the benefit of persons eligible for payment in accordance with the provisions of a scheme established by him on 24th April 1992 or, in Scotland, on 10th April 1992;

F27 “higher education" means higher education within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992;

[F28 “housing benefit expenditure" means expenditure in respect of which housing benefit is payable as specified in regulation 10(1) of the Housing Benefit (General) Regulations 1987 but does not include any such expenditure in respect of which an amount is applicable under regulation 83(f) or 84(1)(g) (housing costs);]

“housing benefit expenditure" means expenditure of a kind for which housing benefit may be granted;

[F29 “Immigration and Asylum Act" means the Immigration and Asylum Act 1999;]

F30 “Income Support Regulations" means the Income Support (General) Regulations 1987;

“the Independent Living (Extension) Fund" means the Trust of that name established by a deed dated 25th February 1993 and made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Fletcher Shepherd of the other part;

“the Independent Living Fund" means the charitable trust established out of funds provided by the Secretary of State for the purpose of providing financial assistance to those persons incapacitated by or otherwise suffering from very severe disablement who are in need of such assistance to enable them to live independently;

“the Independent Living (1993) Fund" means the Trust of that name established by a deed dated 25th February 1993 and made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Fletcher Shepherd of the other part;

“the Independent Living Funds" means the Independent Living Fund, the Independent Living (Extension) Fund and the Independent Living (1993) Fund;

[F31 “Intensive Activity Period for 50 plus” means the programme known by that name and provided in pursuance of arrangements made by or on behalf of the Secretary of State under section 2 of the Employment and Training Act 1973, being a programme lasting for up to 52 weeks for any one individual aged 50 years or over on the day that he first joined any such programme, and consisting for that individual of any one or more of the following elements, namely employed earner’s employment, assistance in pursuing self-employed earner’s employment, education and training, work experience, assistance with job search, motivation and skills training;]

“invalid carriage or other vehicle" means a vehicle propelled by a petrol engine or by electric power supplied for use on the road and to be controlled by the occupant;

“jobseeking period" means the period described in regulation 47 [F32 except where otherwise provided];

“last day of the course" has the meaning prescribed in regulation 130 for the purposes of the definition of “period of study" in this paragraph;

“liable relative" has the meaning prescribed in regulation 117;

“lone parent" means a person who has no partner and who is responsible for, and a member of the same household as, a child or young person;

“long tenancy" means a tenancy granted for a term of years certain exceeding twenty one years, whether or not the tenancy is, or may become, terminable before the end of that term by notice given by or to the tenant or by re-entry, forfeiture (or, in Scotland, irritancy) or otherwise and includes a lease for a term fixed by law under a grant with a covenant or obligation for perpetual renewal unless it is a lease by sub-demise from one which is not a long tenancy;

F33 “lower rate" where it relates to rates of tax has the same meaning as in the Income and Corporation Taxes Act 1988 by virtue of section 832(1) of that Act;

“the Macfarlane (Special Payments) Trust" means the trust of that name, established on 29th January 1990 partly out of funds provided by the Secretary of State for the benefit of certain persons suffering from haemophilia;

“the Macfarlane (Special Payments) (No.2) Trust" means the trust of that name, established on 2nd May 1991 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia and other beneficiaries;

“the Macfarlane Trust" means the charitable trust, established partly out of funds provided by the Secretary of State to the Haemophilia Society, for the relief of poverty or distress among those suffering from haemophilia;

“making a claim" includes treated as making a claim;

F34 “maternity leave" means a period during which a woman is absent from work because she is pregnant or has given birth to a child, and at the end of which she has a right to return to work either under the terms of her contract of employment or under Part III of the Employment Protection (Consolidation) Act 1978 ;

F35 F36 “mobility supplement" means any supplement under article 26A of the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 1983 including such a supplement by virtue of any other scheme or order or under article 25A of the Personal Injuries (Civilians) Scheme 1983 ;

“net earnings" means such earnings as are calculated in accordance with regulation 99;

“net profit" means such profit as is calculated in accordance with regulation 101;

[F37 “the New Deal options” means the employment programmes specified in regulation 75(1)(a)(ii) and the training scheme specified in regulation 75(1)(b)(ii);]

“non-dependant" has the meaning prescribed in regulation 2;

“non-dependant deduction" means a deduction that is to be made under regulation 83(f) and paragraph 17 of Schedule 2;

“nursing home" means–

(a) premises which are a nursing home or mental nursing home within the meaning of the Registered Homes Act 1984 F38 and which are either registered under Part II of that Act or exempt from registration under section 37 thereof (power to exempt Christian Science Homes); or

(b) any premises used or intended to be used for the reception of such persons or the provision of such nursing or services as is mentioned in any paragraph of subsection (1) of section 21 or section 22(1) of the Registered Homes Act 1984 (meaning of nursing home or mental nursing home) or, in Scotland, as are mentioned in section 10(2) of the Nursing Homes Registration (Scotland) Act 1938 F39 (interpretation) and which are maintained or controlled by a body instituted by special Act of Parliament or incorporated by Royal Charter;

(c) in Scotland,

(i) premises which are a nursing home within the meaning of section 10 of the Nursing Homes Registration (Scotland) Act 1938 which are either registered under that Act or exempt from registration under section 6 or 7 thereof (general power to exempt homes and power to exempt Christian Science Homes); or

(ii) premises which are a private hospital within the meaning of section 12 of the Mental Health (Scotland) Act 1984 F40 (private hospitals), and which are registered under that Act;

“occupational pension" means any pension or other periodical payment under an occupational pension scheme but does not include any discretionary payment out of a fund established for relieving hardship in particular cases;

“partner" means where a claimant–

(a) is a member of a married or an unmarried couple, the other member of that couple;

(b) is married polygamously to two or more members of his household, any such member;

[F41 but in so far as this definition applies to a member of a joint-claim couple, it shall only apply to such a member specified in regulation 3E(2)]

“part-time student" means a person who is attending or undertaking a course of study and who is not a full-time student;

“payment" includes a part of a payment;

“pay period" means the period in respect of which a claimant is, or expects to be, normally paid by his employer, being a week, a fortnight, four weeks, a month or other longer or shorter period as the case may be;

“period of study" except in Parts II, IV and V means–

(a) in the case of a course of study for one year or less, the period beginning with the start of the course and ending with the last day of the course;

(b) in the case of a course of study for more than one year, in the first or, as the case may be, any subsequent year of the course, other than the final year of the course, the period beginning with the start of the course or, as the case may be, that year’s start and ending with either—

[F42 (i) the day before the start of the next year of the course in a case where the student’s grant or loan is assessed at a rate appropriate to his studying throughout the year, or, if he does not have a grant or loan, where a loan would have been assessed at such a rate had he had one; or]

(ii) in any other case the day before the start of the normal summer vacation appropriate to his course;

(c) in the final year of a course of study of more than one year, the period beginning with that year’s start and ending with the last day of the course;

“policy of life insurance" means any instrument by which the payment of money is assured on death (except death by accident only) or the happening of any contingency dependent on human life, or any instrument evidencing a contract which is subject to payment of premiums for a term dependent on human life;

“polygamous marriage" means any marriage during the subsistence of which a party to it is married to more than one person and the ceremony of marriage took place under the law of a country which permits polygamy;

F43 ...

“qualifying person" means a person in respect of whom payment has been made from the Fund or the Eileen Trust;

“relative" means close relative, grand-parent, grand-child, uncle, aunt, nephew or niece;

“relevant enactment" has the meaning prescribed in [F44 regulation 78(9)(a)];

“remunerative work" has the meaning prescribed in regulation 51(1);

“residential accommodation" has the meaning prescribed in regulation 85(4);

“residential allowance" means the weekly amount determined in accordance with paragraph 3 of Schedule 1;

“residential care home" means an establishment–

(a) which is required to be registered under Part I of the Registered Homes Act 1984 F45 and is so registered, or is deemed to be registered under section 2(3) of the Registered Homes (Amendment) Act 1991 F46 (which refers to the registration of small homes where the application for registration has not been determined); or

(b) run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society; or

(c) which provides residential accommodation with both board and personal care and is managed or provided by a body incorporated by Royal Charter or constituted by Act of Parliament other than a local social services authority; or

(d) in Scotland, which is a home registered under section 61 of the Social Work (Scotland) Act 1968 F47 or is an establishment provided by a housing association registered with Scottish Homes established by the Housing (Scotland) Act 1988 which provides care equivalent to that given in residential accommodation provided under Part IV of the Social Work (Scotland) Act 1968; or

(e) which is exempt from registration under Part I of the Registered Homes Act 1984 pursuant to section 1(4)(a) of that Act (exemption from registration in respect of certain homes) because one or more of the residents are treated as relatives pursuant to section 19(4) of that Act;

and in paragraph (c) of this definition “personal care" means personal care for persons in need of personal care by reason of disablement, past or present dependence on alcohol or drugs, or past or present mental disorder;

[F48 “sandwich course” has the meaning prescribed in regulation 5(2) of the [F49 Education (Student Support) Regulations 2002] or regulation 5(2) of the Education (Student Loans) (Scotland) Regulations 2000 or regulation 5(2) of the [F50 Education (Student Support) Regulations (Northern Ireland) 2001], as the case may be;]

“self-employed earner" has the meaning it has in Part I of the Benefits Act by virtue of section 2(1)(b) of that Act;

[F51 “self-employment route" means—

[F52 (a) the Self-Employed Employment Option of the New Deal which is specified in regulation 75(1)(a)(ii)(aa); or]

(b) assistance in pursuing self-employed earner’s employment whilst participating in;

[F53 (i) an employment zone programme;

(ii) a course of training or instruction funded by or on behalf of the Secretary of State for Education and Employment, the National Assembly for Wales, the Scottish Enterprise or Highlands and Islands Enterprise F54 ...]]

[F55 (iii) the Intensive Activity Period specified in regulation 75(1)(a)(iv);F54 ...

(iv) the Intensive Activity Period for 50 plus][F56 or]

[F56 (v) the New Deal for Lone Parents;]

“single claimant" means a claimant who neither has a partner nor is a lone parent;

[F57 “sports award" means an award made by one of the Sports Councils named in section 23(2) of the National Lottery etc. Act 1993 out of sums allocated to it for distribution under that section;]

[F13 “subsistence allowance" means an allowance which an employment zone contractor has agreed to pay to a person who is participating in an employment zone programme;]

“terminal date" in respect of a claimant means the terminal date in his case for the purposes of regulation 7 of the Child Benefit (General) Regulations 1976;

“training allowance" means an allowance (whether by way of periodical grants or otherwise) payable—

(a) out of public funds by a Government department or by or on behalf of the Secretary of State for Education and Employment, Scottish Enterprise or Highlands and Islands Enterprise; and[F58 , the Learning and Skills Council for England or the National Assembly for Wales]

(b) to a person for his maintenance or in respect of a member of his family; and

(c) for the period, or part of the period, during which he is following a course of training or instruction provided by, or in pursuance of arrangements made with, that department or approved by that department in relation to him or so provided or approved by or on behalf of the Secretary of State for Education and Employment, Scottish Enterprise or Highlands and Islands Enterprise [F59 or the National Assembly for Wales],

but it does not include an allowance paid by any Government department to or in respect of a person by reason of the fact that he is following a course of full-time education, other than under arrangements made under section 2 of the Employment and Training Act 1973 [F60 or section 2 of the Enterprise and New Towns (Scotland) Act 1990,] or is training as a teacher;

“voluntary organisation" means a body, other than a public or local authority, the activities of which are carried on otherwise than for profit;

“war disablement pension" means a pension payable to a person in respect of disablement—

(a) under the Naval, Military and Air Forces Etc (Disablement and Death) Service Pensions Order 1983 F61 and any order re-enacting the provisions of that order;

(b) under the Personal Injuries (Civilians) Scheme 1983 F62 , and any subsequent scheme made under the Personal Injuries (Emergency Provisions) Act 1939 F63 ;

(c) under any scheme made under the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939 F64 or the Polish Resettlement Act 1947 F65 applying the provisions of any such order as is referred to in paragraph (a);

(d) under the order made under section 1(5) of the Ulster Defence Regiment Act 1969 F66 concerning pensions and other grants in respect of disablement or death due to service in the Ulster Defence Regiment F67 ;

(e) under the order in council of 19 December 1881, the Royal Warrant of 27 October 1884, or the order by His Majesty of 14 January 1922 (exceptional grants of pay, non-effective pay and allowances);

(f) paid by the Overseas Development Administration and which is analogous to any of the pensions mentioned in the preceding paragraphs;

“war widow’s pension" means a pension payable to a woman as a widow under any of the enactments mentioned in the definition of

[F68 “war widower’s pension” means a pension payable to a man as a widower under any of the enactments mentioned in the definition of “war disablement pension” in respect of death or disablement of any person;]

“war disablement pension" in respect of the death or disablement of any person;

“water charges" means–

(a) as respects England and Wales, any water and sewerage charges under Chapter 1 of Part V of the Water Industry Act 1991 F69 ;

(b) as respects Scotland, any water and sewerage charges under Schedule 11 to the Local Government Finance Act 1992 F70 ;

in so far as such charges are in respect of the dwelling which a person occupies as his home;

“week" in [F71 the definitions of “full-time course of advanced education” and of “full-time student” and] [F72 Parts III, VI, VII, VIII, IX, X, XI, XII and XIII] means a period of 7 days;

[F73 “welfare to work beneficiary" means a person–

(a)

to whom regulation 13A(1) of the Social Security (Incapacity for Work) (General) Regulations 1995 applies; and

(b)

who again becomes incapable of work for the purposes of Part XIIA of the Contributions and Benefits Act 1992;]

[F74 "working families' tax credit” means a working families' tax credit under section 128 of the Contributions and Benefits Act;]

F75 “year of assessment" has the meaning prescribed in section 832(1) of the Income and Corporation Taxes Act 1988 ;

“young person" except in Part IV has the meaning prescribed in regulation 76.

[F76 (3A) For the purposes of the definition of “full-time student" in paragraph (3) but subject to paragraph (3D), a person shall be regarded as attending or, as the case may be, undertaking a course of study or as being on a sandwich course—

(a) subject to paragraph (3B), in the case of a person attending or undertaking a part of a modular course which would be a full-time course of study, for a period beginning on the day on which that part of the course starts and ending—

(i) on the last day on which he is registered with the educational establishment as attending or undertaking that part as a full-time course of study; or

(ii) on such earlier date (if any) as he finally abandons the course or is dismissed from it;

(b) in any other case, throughout the period beginning on the date on which he starts attending or undertaking the course and ending on the last day of the course or on such earlier date (if any) as he finally abandons it or is dismissed from it.

(3B) For the purpose of sub-paragraph (a) of paragraph (3A), the period referred to in that sub-paragraph shall include—

(a) where a person has failed examinations or has failed to successfully complete a module relating to a period when he was attending or undertaking a part of the course as a full-time course of study, any period in respect of which he attends or undertakes the course for the purpose of retaking those examinations or that module;

(b) any period of vacation within the period specified in that paragraph or immediately following that period except where the person has registered with the educational establishment to attend or undertake the final module in the course and the vacation immediately follows the last day on which he is required to attend or undertake the course.

(3C) In paragraph (3A), “modular course" means a course of study which consists of two or more modules, the successful completion of a specified number of which is required before a person is considered by the educational establishment to have completed the course.

(3D) A full-time student shall not be regarded as undertaking a full-time course of advanced education or a full-time course of study for the period specified in paragraph (3E) if—

(a) at any time during an academic year, with the consent of the relevant educational establishment, he ceases to attend or undertake a course because he is—

(i) engaged in caring for another person; or

(ii) ill;

(b) he has subsequently ceased to be engaged in caring for that person or, as the case may be, he has subsequently recovered from that illness; and

(c) he is not eligible for a grant or a student loan (as defined in regulation 130) in respect of the period specified in paragraph (3E).

(3E) The period specified for the purposes of paragraph (3D) is the period[F77 , not exceeding one year,] beginning on the day on which he ceased to be engaged in caring for that other person or, as the case may be, the day on which he recovered from that illness and ending on the day before—

(a) the day on which he resumes attending or undertaking the course; or

[F78 (b) the day from which the relevant educational establishment has agreed that he may resume attending or undertaking the course,]

whichever shall first occur.]

[F79 (3F) For the purposes of these Regulations, where a person’s principal place of residence is a residential care home or a nursing home and he is temporarily absent from that home, he shall be regarded as continuing to reside in that home—

(a) where he is absent because he is a patient, for the first six weeks of any such period of absence and for this purpose—

(i) “patient” has the meaning it has in Schedule 5 by virtue of regulation 85; and

(ii) periods of absence separated by not more than 28 days shall be treated as a single period of absence equal in duration to all those periods; and

(b) for the first three weeks of any other period of absence.]

(4) In these Regulations, unless the context otherwise requires, a reference–

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

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

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

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

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

(5) Unless the context requires otherwise, any reference to the claimant’s family or, as the case may be, to a member of his family, shall be construed for the purposes of these Regulations as if it included in relation to a polygamous marriage a reference to any partner and to any child or young person who is treated as the responsibility of the claimant or his partner, where that child or young person is a member of the claimant’s household.

Textual Amendments

F1 S.I. 1983/686.

F2 Words in reg. 1(3) inserted (7.10.1996) by The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 2(2)(a)

F3 Words in reg. 1(3) substituted (28.10.1996) by The Social Security and Child Support (Jobseeker’s Allowance) (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/2538), regs. 1, 2(2)(a)(i)

F4 Reg. 1(3)(aa) inserted (7.10.1996) by The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 2(2)(b)

F5 Words in reg. 1(3) inserted (coming into force in accordance with reg. 1(2)(3)(4)(5)(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/563), regs. 1, 5(1)(2)(f)

F6 S.I. 1987/1968.

F7 Word in reg. 1(3) omitted (28.10.1996) by virtue of The Social Security and Child Support (Jobseeker’s Allowance) (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/2538), regs. 1, 2(2)(b)

F8 1992 c.37.

F9 Words in reg. 1(3) substituted (31.7.2000) by The Social Security Amendment (Students) Regulations 2000 (S.I. 2000/1981), regs. 1(1), 6(2)(a)(i)

F10 Regulation 6 was amended by S.I. 1988/522, 1989/1686, 1990/725, 2208, 1991/2284, 2741, 1993/2113 and 1994/2319.

F11 Words in reg. 1(3) substituted (5.10.1999) by The Social Security and Child Support (Tax Credits) Consequential Amendments Regulations 1999 (S.I. 1999/2566), regs. 1(2), 2(3)(a), Sch. 2 Pt. III

F12 Words in reg. 1(3) inserted (28.10.1996) by The Social Security and Child Support (Jobseeker’s Allowance) (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/2538), regs. 1, 2(2)(c)

F13 Words in reg. 1(3) inserted (3.4.2000) by The Social Security Amendment (Employment Zones) Regulations 2000 (S.I. 2000/724), regs. 1(1), reg. 2(d)

F14 Words in reg. 1(3) omitted (1.4.2001) by virtue of The Jobseeker’s Allowance (Amendment) Regulations 2001 (S.I. 2001/1434), regs. 1(3), 2(2)(a)

F15 Words in reg. 1(3) omitted (31.7.2000) by virtue of The Social Security Amendment (Students) Regulations 2000 (S.I. 2000/1981), reg. 6(2)(a)(ii)(aa)

F16 Word in reg. 1(3) omitted (31.7.2000) by virtue of The Social Security Amendment (Students) Regulations 2000 (S.I. 2000/1981), reg. 6(2)(a)(ii)(bb)

F17 Words in reg. 1(3) substituted (1.4.2001) by The Jobseeker’s Allowance (Amendment) Regulations 2001 (S.I. 2001/1434), regs. 1(3), 2(2)(b)

F18 Words in reg. 1(3) omitted (7.10.1996) by virtue of The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), regs. 1(1), 2(3)

F19 Words in reg. 1(3) substituted (1.8.2001) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2001 (S.I. 2001/2319), regs. 1(1)(a), 2(3)(b)

F20 Words in reg. 1(3) added (7.10.1996) by The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), regs. 1(1), 2(3)

F21 Words in reg. 1(3) substituted (1.4.2001) by The Jobseeker’s Allowance (Amendment) Regulations 2001 (S.I. 2001/1434), regs. 1(3), 2(2)(c)

F22 Word in reg. 1(3) omitted (31.7.2000) by virtue of The Social Security Amendment (Students) Regulations 2000 (S.I. 2000/1981), regs. 1(1), 6(2)(a)(ii)(cc)

F23 Words in reg. 1(3) omitted (7.10.1996) by virtue of The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), regs. 1(1), 2(2)

F24 Words in reg. 1(3) substituted (1.8.2001) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2001 (S.I. 2001/2319), regs. 1(1)(a), 2(3)(c)

F25 Words in reg. 1(3) added (7.10.1996) by The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), regs. 1(1), 2(2)

F26 Words in reg. 1(3) substituted (1.4.2001) by The Jobseeker’s Allowance (Amendment) Regulations 2001 (S.I. 2001/1434), regs. 1(3), 2(2)(d)

F27 1992 c.37.

F28 Words in reg. 1(3) substituted (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits and Jobseeker’s Allowance (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/65), reg. 1(1)(2), 4(2)

F29 Words in reg. 1(3) inserted (3.4.2000) by The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (S.I. 2000/636), regs. 1(2), reg. 4(2)

F30 S.I. 1987/1967.

F31 Words in reg. 1(3) inserted (9.4.2001) by The Social Security Amendment (New Deal) Regulations 2001 (S.I. 2001/1029), regs. 1(1), 2(a)

F32 Words in reg. 1(3) added (1.6.1998) by The Social Security Amendment (New Deal) Regulations 1998 (S.I. 1998/1274), regs. 1(1), 2

F33 1988 c.1; the definition of “lower rate" was added by the Finance Act 1992 (c.20), section 9(9).

F34 1978 c.44; section 33 was amended by the Social Security Act 1986 (c.50), section 86, Schedule 10, Part IV, paragraph 75, Schedule 11; the Employment Act 1980 (c.42), sections 11(1) and (2), 20(3, Schedule 2; the Nurses, Midwives and Health Visitors Act 1979 (c.36), section 23(4), Schedule 7, paragraph 31. Sections 34 to 44 were repealed by the Social Security Act 1986, section 4een amended prospectively by the Social Security Act 1989 (c.29(3), 86(2), Schedule 4, Part III, Schedule 11. Section 45 was amended by the Social Security Act 1989 (c.24),t 1989 (c.24),.24),Schedule 4, Part III, Scedule 11. Section 45 has been amended prospectively by the Social Security Act 1989 (c.24), section 23, Schedule 5, Part II, paragraph 15; Schedule 5, paragraph 15 has been repealed prospectively by the Trade Union Reform and Employment Rights Act 1993 (c.19), section 51, Schedule 10. Section 47 was amended by the Employment Act 1980 (c.42), section 11(3). Part III of the 1978 Act was amended by the Trade Union Reform and Employment Rights Act 1993, sections 23 and 25, Schedules 2 and 3.

F35 S.I. 1983/883.

F36 S.I. 1983/686; amended by S.I. 1983/1164, 1540 and 1986/628.

F37 Words in reg. 1(3) inserted (6.3.2000) by The Jobseeker’s Allowance (Amendment) Regulations 2000 (S.I. 2000/239), regs. 1, 2(2)

F38 1984 c.23.

F39 1938 c.73; section 10 was amended by section 15 of the Mental Health (Scotland) Act 1960 (c.61), and that amendment is preserved notwithstanding the repeal of the 1960 Act by section 126(1)(a) of the Mental Health (Scotland) Act 1984 (c.36). Section 10 was also amended by Schedule 7 to the National Health Service (Scotland) Act1972 (c.58). Schedules 7 and 8 to the Nurses, Midwives and Health Visitors Act 1979 (c.36) and by Schedule 7 to the Health Services Act 1980 (c.53) and subsection (2) of that section 10 was added by section 26 of, and paragraph 14 of Schedule 4 to, the Health Services Act 1980 (c.53).

F40 1984 c.36.

F41 Words in reg. 1(3) added (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 1

F42 Words in reg. 1(3) substituted (for specified purposes and with effect in accordance with reg. 1(bi)(bii) of the amending S.I.) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2000 (S.I. 2000/1922), regs. 1, 3(2)(a)

F43 Words in reg. 1(3) omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), reg. 1, Sch. Pt. II para. 1(a)

F44 Words in reg. 1(3) substituted (7.10.1996) by The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), reg. 1(1), Sch. Pt. 2

F45 1984 c.36.

F46 1991 c.20

F47 1968 c.49.

F48 Words in reg. 1(3) substituted (for specified purposes and with effect in accordance with reg. 1(bi)(bii) of the amending S.I.) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2000 (S.I. 2000/1922), regs. 1, 3(2)(b)

F49 Words in reg. 1(3) substituted (1.8.2002) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2002 (S.I. 2002/1589), regs. 1(1)(a), 2(3)(a)(i)

F50 Words in reg. 1(3) substituted (1.8.2002) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2002 (S.I. 2002/1589), regs. 1(1)(a), 2(3)(a)(ii)

F51 Words in reg. 1(3) inserted (27.11.2000) by The Social Security Amendment (Employment Zones) (No. 2) Regulations 2000 (S.I. 2000/2910), reg. 2(3)

F52 Reg. 1(3)(a) substituted (14.10.2002) by The Social Security Amendment (Employment Programme) Regulations 2002 (S.I. 2002/2314), regs. 1, 2(2)

F53 Words in reg. 1(3) substituted (26.3.2001) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2001 (S.I. 2001/652), regs. 1(1)(a), 2(a)

F54 Word in reg. 1(3) omitted (17.6.2002) by virtue of The Income Support (General) and Jobseeker’s Allowance Amendment Regulations 2002 (S.I. 2002/1411), regs. 1, 2(a)

F55 Words in reg. 1(3) inserted (9.4.2001) by The Social Security Amendment (New Deal) Regulations 2001 (S.I. 2001/1029), regs. 1(1), 2(b)

F56 Words in reg. 1(3) added (17.6.2002) by The Income Support (General) and Jobseeker’s Allowance Amendment Regulations 2002 (S.I. 2002/1411), regs. 1, 2(b)

F57 Words in reg. 1(3) inserted (23.8.1999) by The Social Security Amendment (Sports Awards) Regulations 1999 (S.I. 1999/2165), regs. 1(1), 2(2)(f)

F58 Words in reg. 1(3) added (26.3.2001) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2001 (S.I. 2001/652), regs. 1(1)(a), 2(b)(i)

F59 Words in reg. 1(3) added (26.3.2001) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2001 (S.I. 2001/652), regs. 1(1)(a), 2(b)(ii)

F60 Words in reg. 1(3) inserted (7.10.1996) by The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 2(4)

F61 S.I. 1983/883.

F62 S.I. 1983/686.

F63 1939 c.83.

F64 1939 c.83.

F65 1947 c.19.

F66 1969 c.65.

F67 Cmnd. 4567.

F68 Words in reg. 1 inserted (8.4.2002) by The Social Security (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/841), regs. 1(1), 3(1)

F69 1991 c.56.

F70 1992 c.15.

F71 Words in reg. 1(3) inserted (7.4.1997) by The Social Security (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/454), regs. 1(c), 2(2)

F72 Words in reg. 1(3) substituted (7.10.1996) by The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 2(3)

F73 Words in reg. 1(3) inserted (5.10.1998) by The Social Security (Welfare to Work) Regulations 1998 (S.I. 1998/2231), regs. 1, 14(2)

F74 Words in reg. 1(3) inserted (5.10.1999) by The Social Security and Child Support (Tax Credits) Consequential Amendments Regulations 1999 (S.I. 1999/2566), regs. 1(2), 2(3)(b), Sch. 2 Pt. III

F75 1988 c.1.

F76 Reg. 1(3A)-(3E) inserted (31.7.2000) by The Social Security Amendment (Students) Regulations 2000 (S.I. 2000/1981), regs. 1(1), 6(2)(b)

F77 Words in reg. 1(3E) inserted (1.8.2002) by The Social Security Amendment (Intercalating Students) Regulations 2002 (S.I. 2002/1763), regs. 1, 2(1)(a)

F78 Reg. 1(3E)(b) substituted (1.8.2002) by The Social Security Amendment (Intercalating Students) Regulations 2002 (S.I. 2002/1763), regs. 1, 2(1)(b)

F79 Reg. 1(3F) inserted (8.4.2002) by The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), reg. 1, Sch. Pt. II para. 1(b)

Modifications etc. (not altering text)

C1 Reg. 1 applied (29.11.1999) by The Social Security (Claims and Information) Regulations 1999 (S.I. 1999/3108), regs. 1, 16(3)

C2 Reg. 1 applied (15.10.2001) by The Social Security (Breach of Community Order) Regulations 2001 (S.I. 2001/1395), regs. 1(1), 3(7)

C3 Reg. 1(3) modified (temp. from 28.11.2000 until 27.11.2001) by The Social Security (New Deal Pilot) Regulations 2000 (S.I. 2000/3134), regs. 1(1)(b), 12(1)(2)(f)

C4 Reg. 1(3) applied (15.10.2001) by The Social Security (Breach of Community Order) Regulations 2001 (S.I. 2001/1395), regs. 1(1), 3(7)(b)

Definition of non-dependant

2.—(1) In these Regulations, “non-dependant" means any person, except a person to whom paragraph (2), (3) or (4) applies, who normally resides with the claimant or with whom the claimant normally resides.

(2) This paragraph applies to–

(a) any member of the claimant’s family;

(b) 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);

(c) 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;

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

(3) This paragraph applies to a person, other than a close relative of the claimant or the claimant’s partner,—

(a) 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;

(b) 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;

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

(4) Subject to paragraph (5), this paragraph applies to–

(a) a person who jointly occupies the claimant’s dwelling and who is either–

(i) a co-owner of that dwelling with the claimant or the claimant’s partner (whether or not there are other co-owners); or

(ii) jointly liable with the claimant or the claimant’s partner to make payments to a landlord in respect of his occupation of that dwelling; or

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

(5) Where a person is a close relative of the claimant or the claimant’s partner, paragraph (4) shall apply to him only if the claimant’s, or the claimant’s partner’s, co-ownership, or joint liability to make payments to a landlord in respect of his occupation, of the dwelling arose either before 11th April 1988, or, if later, on or before the date upon which the claimant or the claimant’s partner first occupied the dwelling in question.

(6) For the purposes of this regulation a person resides with another only if they share any accommodation except a bathroom, a lavatory or a communal area but not if each person is separately liable to make payments in respect of his occupation of the dwelling to the landlord.

(7) In this regulation “communal area" means any area (other than rooms) of common access (including halls and passageways) and rooms of common use in sheltered accommodation.

[F80 Disapplication of section 1(1A) of the Administration Act

2A.   Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply—

(a) to a child or young person in respect of whom jobseeker’s allowance is claimed;

(b) to any claim for jobseeker’s allowance made or treated as made before 5th October 1998.]

Textual Amendments

F80 Reg. 2A inserted (1.12.1997) by The Social Security (National Insurance Number Information: Exemption) Regulations 1997 (S.I. 1997/2676), regs. 1(1), 12

Meanings of certain expressions used in the Jobseekers Act 1995

3.  For the purposes of the Act and of these Regulations—

• “employed earner" has the meaning it has in Part I of the Benefits Act by virtue of section 2(1)(a) of that Act;

• [F81 “employment", except as provided in regulations 4 and 75, includes any trade, business, profession, office or vocation;]

• “pensionable age" has the meaning it has in Parts I to VI of the Benefits Act by virtue of section 122(1) of that Act.

Textual Amendments

F81 Words in reg. 3 substituted (5.1.1998) by The Social Security Amendment (New Deal) Regulations 1997 (S.I. 1997/2863), regs. 1(1), 2