The Jobseeker’s Allowance Regulations 1996

Persons treated as engaged in remunerative work

52.—(1) Except in the case of a person on maternity leave [F1 , paternity leave, adoption leave] or absent from work through illness, a person shall be treated as engaged in remunerative work during any period for which he is absent from work referred to in regulation 51(1) (remunerative work) where the absence is either without good cause or by reason of a recognised, customary or other holiday.

(2) For the purposes of an income-based jobseeker’s allowance [F2 but not a joint-claim jobseeker’s allowance], the partner of a claimant shall be treated as engaged in remunerative work where—

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

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

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

and shall be so treated for a period of 7 days beginning on the date the stoppage of work at the partner’s place of employment commenced, or if there was no stoppage of work, the date on which the partner first withdrew his labour in furtherance of the trade dispute.

[F3 (2A) For the purposes of a joint-claim jobseeker’s allowance, a member of a joint-claim couple shall be treated as engaged in remunerative work where—

(a) he is or was involved in a trade dispute;

(b) had the joint-claim couple of which he is a member claimed a jobseeker’s allowance jointly, section 14 (trade disputes) would have applied in the case of one or both members of that couple; and

(c) the joint-claim couple were not entitled to a joint-claim jobseeker’s allowance when that member of the joint-claim couple became involved in the trade dispute,

and shall be so treated for a period of 7 days beginning on the date the stoppage of work commenced at that member’s place of employment or, if there was no stoppage of work, the date on which that member first withdrew his labour in furtherance of the trade dispute.]

(3) [F4 Subject to paragraph (3A), a person] who was, or was treated as being, engaged in remunerative work and in respect of that work earnings to which [F5 98(1)(c)] (earnings of employed earners) applies are paid, shall be treated as engaged in remunerative work for the period for which those earnings are taken into account in accordance with Part VIII.

[F6 (3A) Paragraph (3) shall not apply to earnings disregarded under paragraph 1 of Schedule 6 to these regulations.]

F7 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in reg. 52(1) inserted (8.12.2002) by The Social Security (Paternity and Adoption) Amendment Regulations 2002 (S.I. 2002/2689), regs. 1(1)(b), 3(4)

F2 Words in reg. 52(2) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 15(a)

F3 Reg. 52(2A) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 15(b)

F4 Words in reg. 52(3) substituted (1.10.2007) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2007 (S.I. 2007/2618), regs. 1(1), 8(4)(a)

F5 Word in reg. 52(3) substituted (14.4.2008) by The Social Security (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/698), regs. 1(1), 4(8)

F6 Reg. 52(3A) inserted (1.10.2007) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2007 (S.I. 2007/2618), regs. 1(1), 8(4)(b)

F7 Reg. 52(4)-(6) omitted (9.4.2001) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2001 (S.I. 2001/488), regs. 1(1), 12(a)