PART III OTHER CONDITIONS OF ENTITLEMENT
Persons treated as not engaged in remunerative work53
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) F12and in this paragraph “volunteer” means a person who is engaged in voluntary work, otherwise than for a relative, where the only payment received, or due to be paid to the person by virtue of being so engaged, is in respect of any expenses reasonably incurred by the person in connection with that work;
b
he is engaged on a scheme for which a training allowance is being paid;
F8F5c
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
F19a part-time member of a fire brigade maintained in pursuance of the Fire Services Acts 1947 to 1959;
F3ia
a part-time fire-fighter employed by a fire and rescue authority;
F9ia
a part-time fire-fighter employed by a fire and rescue authority;
F18ib
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 F7Schedule 6 to the Social Security (Contributions) Regulations 2001;
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 ActF1;
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;
F15gg
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;
F13h
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 F11of 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.
F2i
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.
F17k
he is engaged in the programme known as Work Experience.
F14l
he is participating in the Mandatory Work Activity Scheme.
F10m
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16m
he is participating in a scheme prescribed in regulation 3 of the Jobseeker's Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013.