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38.—(1) For the purposes of section 2(4)(b)(i) of the Act and for determining any waiting days—
(a)where a linked period commenced before 7th October 1996, any days of unemployment which form part of a period of interruption of employment where the last day of unemployment in that period of interruption of employment was no more than eight weeks before the date upon which that linked period commenced;
(b)where a jobseeking period or a linked period commences on 7th October 1996, any period of interruption of employment ending within the eight weeks preceding that date; or
(c)where a jobseeking period or a linked period commences after 7th October 1996, any period of interruption of employment ending within the 12 weeks preceding the day the jobseeking period or linked period commenced,
must be treated as a jobseeking period and, for the purposes of sub-paragraph (a), a day must be treated as being, or not being, a day of unemployment in accordance with section 25A of the Benefits Act (determination of days for which unemployment benefit is payable)(1) and with any regulations made under that section, as in force on 6th October 1996.
(2) In this regulation—
“period of interruption of employment” in relation to a period prior to 7th October 1996 has the same meaning as it had in the Benefits Act by virtue of section 25A of that Act as in force on 6th October 1996;
“waiting day” means a day—
at the beginning of a jobseeking period; and
in respect of which a person is not entitled to a jobseeker’s allowance.
Section 25A was inserted by paragraph 5 of Schedule 1 to the Social Security (Incapacity for Work) Act 1994 and repealed by Schedule 3 to the Jobseekers Act 1995.
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