The Jobseeker's Allowance Regulations 2013

Short periods of sickness E+W+S

46.—(1) Subject to the following provisions of this regulation, a person who—

(a) F1 ... has been awarded a jobseeker's allowance, or is a person to whom any of the circumstances mentioned in section 6J(2) or (3) or 6K(2) of the Act apply;

(b) proves to the satisfaction of the Secretary of State that they are unable to work on account of some specific disease or disablement; and

(c) [F2 during the period of their disease or disablement, satisfies] the requirements for entitlement to a jobseeker's allowance other than those specified in section 1(2)(f) of the Act (capable of work or not having limited capability for work),

is to be treated for a period of not more than two weeks, beginning on the day on which sub-paragraphs (a) to (c) are met, as capable of work or as not having limited capability for work, except where the claimant states in writing that for the period of their disease or disablement they propose to claim or have claimed employment and support allowance [F3 or universal credit].

(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 they have been unfit for work from a date or for a period specified in the declaration.

(3) [F4 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) [F5 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 after the day the person ceased to be entitled to statutory sick pay.

(5) [F6 Paragraph (1) does] not apply to a claimant who is temporarily absent from Great Britain in the circumstances prescribed by regulation 41(5).

[F7 (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 46A (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 46A.]

[F8 (7) For the purposes of calculating the number of occasions under paragraph (3), any occasion to which regulation 46A applies to the claimant is to be disregarded.]

Textual Amendments

F1 Words in reg. 46(1)(a) omitted (30.3.2015) by virtue of The Jobseeker s Allowance (Extended Period of Sickness) Amendment Regulations 2015 (S.I. 2015/339), regs. 1, 3(3)(a)(i)

F2 Words in reg. 46(1)(c) substituted (30.3.2015) by The Jobseeker s Allowance (Extended Period of Sickness) Amendment Regulations 2015 (S.I. 2015/339), regs. 1, 3(3)(a)(ii)

F3 Words in reg. 46(1) inserted (30.3.2015) by The Jobseeker s Allowance (Extended Period of Sickness) Amendment Regulations 2015 (S.I. 2015/339), regs. 1, 3(3)(a)(iii)

F4 Words in reg. 46(3) substituted (30.3.2015) by The Jobseeker s Allowance (Extended Period of Sickness) Amendment Regulations 2015 (S.I. 2015/339), regs. 1, 3(3)(b)

F5 Words in reg. 46(4) substituted (30.3.2015) by The Jobseeker s Allowance (Extended Period of Sickness) Amendment Regulations 2015 (S.I. 2015/339), regs. 1, 3(3)(b)

F6 Words in reg. 46(5) substituted (30.3.2015) by The Jobseeker s Allowance (Extended Period of Sickness) Amendment Regulations 2015 (S.I. 2015/339), regs. 1, 3(3)(b)

F7 Reg. 46(6) inserted (30.3.2015) by The Jobseeker s Allowance (Extended Period of Sickness) Amendment Regulations 2015 (S.I. 2015/339), regs. 1, 3(3)(c)

F8 Reg. 46(7) inserted (23.5.2016) by The Jobseekers Allowance (Extended Period of Sickness) Amendment Regulations 2016 (S.I. 2016/502), regs. 1, 3(2)

Modifications etc. (not altering text)

C1 Regulations modified (24.4.2013) by The Welfare Reform Act 2012 (Commencement No. 9 and Transitional and Transitory Provisions and Commencement No. 8 and Savings and Transitional Provisions (Amendment)) Order 2013 (S.I. 2013/983), (art. 12) (with application in accordance with art. 12(1)) (as amended: (20.6.2013) by S.I. 2013/1511).