The Jobseeker’s Allowance Regulations 1996

Interpretation of Parts II, IV and V

4.  In Parts II, IV and V and, as provided below, the Act—

• “appropriate office" means the office of the Department for Education and Employment which the claimant is required to attend in accordance with a notice under regulation 23, or any other place which he is so required to attend;

• “caring responsibilities" means responsibility for caring for a child or for an elderly person or for a person whose physical or mental condition requires him to be cared for, who is either in the same household or a close relative;

• “casual employment" means employment from which the employee can be released without his giving any notice [F1 except where otherwise provided];

• “close relative" means[F2 , except in Part IV,] a spouse or other member of an unmarried couple, parent, step-parent, grandparent, parent-in-law, son, step-son, son-in-law, daughter, step-daughter, daughter-in-law, brother, sister, grandchild 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;

• “elderly person" means a person of or over pensionable age;

• “employment" in sections 1, 3, 6, 8, 14F3 ... and 20 and paragraph 8 of Schedule 1 to the Act and in [F4 Parts II and IV] means employed earner’s employment except where otherwise provided;

• “employment officer" means a person who is an employment officer for the purposes of sections 9 and 10;

• [F1 “examination" in relation to a qualifying course means an examination which is specified as an examination related to the qualifying course in a document signed on behalf of the establishment at which the qualifying course is being undertaken;]

• [F5 “made a claim for a jobseeker’s allowance" includes treated as having made a claim for the allowance and treated as having an award of the allowance in accordance with regulation 5, 6 or 7 of the Jobseeker’s Allowance (Transitional Provisions) Regulations 1996 ]

• “Outward Bound course" means any course or programme for personal development which is made available to persons who are not in employment by the charitable trust known as the Outward Bound Trust Limited;

• “part-time [F6 member of a fire brigade" means a person who is a part-time member of a fire brigade maintained in pursuance of the Fire Services Acts 1947-1959] [F6 fire-fighter employed by a fire and rescue authority (as defined in section 1 of the Fire (Scotland) Act 2005 (asp 5)) or a joint fire and rescue board constituted by an amalgamation scheme made under section 2(1) of that Act] [F7 or, in England, a part-time fire-fighter employed by a fire and rescue authority]F8 ;

• “pattern of availability" has the meaning given in regulation 7;

• [F9 “period of study" means—

  (a)

  the period during which the student is regarded as attending or undertaking the course of study; and

  (b)

  any period of attendance by the student at his educational establishment or any period of study undertaken by the student, in connection with the course, which occurs before or after the period during which he is to be regarded as undertaking the course of study;]

• “a person who is kept on short-time" means a person whose hours of employment have been reduced owing to temporary adverse industrial conditions;

• “a person who is laid off" means a person whose employment has been suspended owing to temporary adverse industrial conditions;

• [F10 “qualifying course" has the meaning given in regulation 17A;]

• [F10 “term-time" in relation to a qualifying course means the period specified as term-time in relation to a person to whom regulation 17A(2) applies in a document signed on behalf of the establishment at which the qualifying course is being undertaken;]

• [F10 “vacation" in relation to a qualifying course means any period falling within the period of study, which is not term-time;]

• “voluntary work" means work for an organisation the activities of which are carried on otherwise than for profit, or work other than for a member of the claimant’s family, where no payment is received by the claimant or the only payment due to be made to him by virtue of being so engaged is a payment in respect of any expenses reasonably incurred by him in the course of being so engaged;

• “week" in sections 6 and 7 and in Parts II and IV means benefit week except where provided otherwise in Parts II and IV;

• “work camp" means any place in Great Britain where people come together under the auspices of a charity, a local authority or a voluntary organisation to provide a service of benefit to the community or the environment.

Textual Amendments

F1 Words in reg. 4 inserted (1.6.1998) by The Social Security Amendment (New Deal) Regulations 1998 (S.I. 1998/1274), regs. 1(1), 3(a)

F2 Words in reg. 4 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(3)

F3 Word in reg. 4 omitted (5.1.1998) by virtue of The Social Security Amendment (New Deal) Regulations 1997 (S.I. 1997/2863), regs. 1(1), 3(a)

F4 Words in reg. 4 substituted (5.1.1998) by The Social Security Amendment (New Deal) Regulations 1997 (S.I. 1997/2863), regs. 1(1), 3(b)

F5 Words in reg. 4 inserted (1.6.1998) by The Social Security Amendment (New Deal) Regulations 1998 (S.I. 1998/1274), regs. 1(1), 3(b)

F6 Words in reg. 4 substituted (S.) (2.8.2005) by The Fire (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (S.I. 2005/2060), art. 1(2)(f), Sch. para. 10(2)

F7 Words in reg. 4 inserted (E.) (30.12.2004) by The Fire and Rescue Services Act 2004 (Consequential Amendments) (England) Order 2004 (S.I. 2004/3168), arts. 1(1), 36(2)

F8 1947 c.41, 1951 c.27, and 1959 c.44.

F9 Words in reg. 4 substituted (31.7.2000) by The Social Security Amendment (Students) Regulations 2000 (S.I. 2000/1981), regs. 1(1), 6(3)

F10 Words in reg. 4 inserted (1.6.1998) by The Social Security Amendment (New Deal) Regulations 1998 (S.I. 1998/1274), regs. 1(1), 3(c)