The Social Security (Back to Work Bonus) (No.2)Regulations 1996

Periods of entitlement which do not qualify

5.—(1) The periods specified in paragraph (3) shall be treated for the purposes of these Regulations as periods in which a person is not entitled to a qualifying benefit.

(2) Any earnings in any benefit week in a period specified in paragraph (4) shall not be taken into account in determining —

(a) whether a person has earnings from employment; or

(b) the amount of those earnings.

(3) Paragraph (2)—

(a) shall not apply where during a benefit week there are days of entitlement to a qualifying benefit;and

(b) the formula set out in regulation 8(1)(c) shall apply to any earnings in the benefit week in which those days fall, except that “N” shall represent the number of days of entitlement to the qualifying benefit.

(4) The periods specified in this paragraph are any period during which—

(a) interim payments were made to the person in accordance with regulation 2 of the Social Security (Payments on Account, Overpayments and Recovery) Regulations 1988(1) and in respect of which no award of a qualifying benefit was subsequently made to him;

(b) subject to paragraph (4), the person’s applicable amount is determined in accordance with Part VI of the Income Support Regulations (urgent cases) or with Part X of the Jobseeker’s Allowance Regulations (urgent cases); or

(c) the person is entitled to a jobseeker’s allowance in accordance with Part IX of the Jobseeker’s Allowance Regulations (hardship) —

(i) he fails to satisfy any one or more of the conditions specified in section 1(2)(a) to (c) (availability for and actively seeking employment); or

(ii) subject to paragraph (5), he has submitted a claim for a jobseeker’s allowance but the adjudication officer has not determined whether those conditions are satisfied.

(5) Paragraph (3)(b) shall not apply in the case of a person to whom—

(a) regulation 70(2)(a) of the Income Support Regulations (certain persons from abroad); or

(b) regulation 147(2)(a) of the Jobseeker’s Allowance Regulations (certain persons from abroad), applies.

(6) Paragraph (4)(c)(ii) shall not apply to any period in respect of which the claim for a jobseeker’s allowance is determined by the adjudication officer in the claimant’s favour.

(1)

S.I. 1988/664; the relevant amending instruments are S.I. 1991/2742 and 1993/650.