Linking PeriodsE+W+S
39.—(1) For the purposes of the Act, two or more jobseeking periods must be treated as one jobseeking period where they are separated by a period comprising only—
(a)any period of not more than 12 weeks;
(b)a linked period;
(c)any period of not more than 12 weeks falling between—
(i)any two linked periods; or
(ii)a jobseeking period and a linked period; or
(d)a period in respect of which the claimant is summoned for jury service and is required to attend court.
(2) Linked periods for the purposes of the Act are any of the following periods—
(a)to the extent specified in paragraph (4), any period throughout which the claimant is entitled to a carer's allowance under section 70 of the Benefits Act M1;
(b)any period throughout which the claimant is incapable of work, or is treated as incapable of work, in accordance with Part 12A of the Benefits Act M2;
(c)any period throughout which the claimant has, or is treated as having, limited capability for work for the purposes of Part 1 of the Welfare Reform Act 2007;
(d)any period throughout which the claimant was entitled to a maternity allowance under section 35 of the Benefits Act M3;
(e)any period throughout which the claimant was engaged in training for which a training allowance is payable;
(f)a period which includes 6th October 1996 during which the claimant attends court in response to a summons for jury service and which was immediately preceded by a period of entitlement to unemployment benefit.
(3) A period is a linked period for the purposes of section 2(4)(b)(ii) of the Act only where it ends within 12 weeks or less of the commencement of a jobseeking period or of some other linked period.
(4) A period of entitlement to carer's allowance is a linked period only where it enables the claimant to satisfy contribution conditions for entitlement to a jobseeker's allowance which the claimant would otherwise be unable to satisfy.
Marginal Citations
M1Section 70 was amended by S.I.s 1994/2556, 2002/1457 and 2011/2426.
M2Part 12A was inserted by section 5 of the Social Security (Incapacity for Work) Act 1994.
M3Section 35 was amended by section 67 of the Social Security Act 1998, section 4(2) of the Still-Birth (Definition) Act 1992 (c.29), section 53 of the Welfare Reform and Pensions Act 1999, paragraph 4 of Schedule 7 to the Employment Act 2002 (c.22), paragraph 6 of Schedule 1 to the Work and Families Act 2006, section 63 of the Welfare Reform Act 2012 and S.I. 1994/1230.