The Jobseeker’s Allowance Regulations 1996

Persons treated as not engaged in remunerative work

53.  A person shall be treated as not engaged in remunerative work in so far as—

(a)he is engaged by a charity or a voluntary organisation 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 103(2) and paragraph 2 of Schedule 7 (sums to be disregarded in the calculation of income other than earnings);

(b)he is engaged on a scheme for which a training allowance is being paid;

[F1(bb)he is receiving assistance [F2under the self-employment route];]

[F3(c)he is in employment, lives in, or is temporarily absent from, a residential care home, a nursing home or residential accommodation and requires personal care by reason of old age, disablement, past or present dependence on alcohol or drugs, past or present mental disorder or a terminal illness;]

(d)he is engaged in employment as–

(i)a part-time member of a fire brigade maintained in pursuance of the Fire Services Acts 1947 to 1959 F4;

(ii)an auxiliary coastguard in respect of coastal rescue activities;

(iii)a person engaged part-time in the manning or launching of a lifeboat;

(iv)a member of any territorial or reserve force prescribed in Part I of Schedule 3 to the Social Security (Contributions) Regulations 1979F5;

(e)he is performing his duties as a councillor, and for this purpose “councillor" has the same meaning as in section 171F(2) of the Benefits ActF6;

(f)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 27 or 28 of Schedule 7 (sums to be disregarded in the calculation of income other than earnings), and is in receipt of any payment specified in that paragraph;

(g)he is–

(i)the partner of the claimant; and

(ii)involved in a trade dispute; and (iii) not a person to whom regulation 52(2) applies,

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

[F7(gg)he is—

(i)a member of a joint-claim couple; and

(ii)involved in a trade dispute; and

(iii)not a person to whom regulation 52(2A) applies,

and 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;]

(h)he is mentally or physically disabled, and by reason of that disability—

(i)his earnings are reduced to 75 per cent. or less of what a person without that disability and working the same number of hours would reasonably be expected to earn in that employment or in comparable employment in the area; or

(ii)his number of hours [F8of] work are 75 per cent. or less of what a person without that disability would reasonably be expected to undertake in that employment or in comparable employment in the area.

[F9(i)he is engaged in an activity in respect of which—

(i)a sports award had been made, or is to be made, to him; and

(ii)no other payment is made or is expected to be made to him.]

Textual Amendments

F5S.I. 1979/591; Part I of Schedule 1 substituted by S.I. 1980/1975.

F7Reg. 53(gg) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 16

Modifications etc. (not altering text)

C1Reg. 53 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), 13(1)