Short periods of sickness
55.—(1) Subject to the following provisions of this regulation, a person who–
(a)[has been awarded a jobseeker’s allowance]...; and
(b)proves to the satisfaction of [the Secretary of State] that he is unable to work on account of some specific disease or disablement; and
(c)[during the period of his disease or disablement, satisfies] the requirements for entitlement to a jobseeker’s allowance other than those specified in section 1(2)(a), (c) and (f) (available for and actively seeking employment, and capable of work [or not having limited capability for work]),
shall be treated for a period of not more than 2 weeks as capable of work [or as not having limited capability for work], except where the claimant states in writing that for the period of his disease or disablement he proposes to claim or has claimed incapacity benefit[, employment and support allowance, [universal credit,]] severe disablement allowance or income support.
(2) The evidence which is required for the purposes of paragraph (1)(b) is a declaration made by the claimant in writing, in a form approved for the purposes by the Secretary of State, that he has been unfit for work from a date or for a period specified in the declaration.
(3) [Paragraph (1) does] not apply to a claimant on more than two occasions in any one jobseeking period or where a jobseeking period exceeds 12 months, in each successive 12 months within that period and for the purposes of calculating any period of 12 months, the first 12 months in the jobseeking period commences on the first day of the jobseeking period.
[(4) [Paragraph (1) does] not apply to any person where the first day in respect of which they are unable to work falls within eight weeks beginning with the day the person ceased to be entitled to statutory sick pay.]
[(5) [Paragraph (1) does] not apply to a claimant who is temporarily absent from Great Britain in the circumstances prescribed by regulation 50(6AA) or, as the case may be, (6C).]
[(6) Paragraph (1) does not apply to any person—
(a)during any period where the person is treated as capable of work or as not having limited capability for work under regulation 55ZA (extended period of sickness); or
(b)where the first day in respect of which that person would, apart from this sub-paragraph, have been treated as capable of work or as not having limited capability for work under this regulation falls immediately after the last day on which the person is so treated under regulation 55ZA.]
[(7) For the purposes of calculating the number of occasions under paragraph (3), any occasion to which regulation 55ZA applies to the claimant is to be disregarded.]
Textual Amendments
Modifications etc. (not altering text)