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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)a person who—
(i)is in employment;
(ii)lives in, or is temporarily absent from a care home, an Abbeyfield Home or an independent hospital; and
(iii)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)[F4a part-time member of a fire brigade maintained in pursuance of the Fire Services Acts 1947 to 1959;]
(ia)[F5a part-time fire-fighter employed by a fire and rescue authority;]
[F6(ib)a part-time 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;]
(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 1979F7;
(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 ActF8;
(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;
[F9(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 [F10of] 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.
[F11(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
F1Reg. 53(bb) inserted (27.11.2000) by The Social Security Amendment (Employment Zones) (No. 2) Regulations 2000 (S.I. 2000/2910), reg. 3
F2Words in reg. 53(bb) substituted (4.5.2004) by The Social Security (Income-Related Benefits Self-Employment Route Amendment) Regulations 2004 (S.I. 2004/963), regs. 1(1), 4
F3Reg. 53(c) substituted (24.10.2005) by The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 2 para. 2
F4Reg. 53(d)(i) revoked (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(3)(a)
F5Reg. 53(d)(ia) inserted (30.12.2004) by The Fire and Rescue Services Act 2004 (Consequential Amendments) (England) Order 2004 (S.I. 2004/3168), arts. 1(1), 36(3)
F6Reg. 53(d)(ib) inserted (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(3)(b)
F7S.I. 1979/591; Part I of Schedule 1 substituted by S.I. 1980/1975.
F8Section 171F was inserted by the Social Security (Incapacity for Work) Act 1994 (c.18), section 6(1).
F9Reg. 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
F10Word in reg. 53(h)(ii) inserted (7.10.1996) by The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), reg. 1(1), Sch. Pt. 2
F11Reg. 53(i) added (23.8.1999) by The Social Security Amendment (Sports Awards) Regulations 1999 (S.I. 1999/2165), regs. 1(1), 7(2)
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)
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