The Social Security (Members of the Reserve Forces) (Amendment) Regulations 2015

Amendment of the Jobseeker’s Allowance Regulations 2013

This section has no associated Explanatory Memorandum

5.—(1) The Jobseeker’s Allowance Regulations 2013(1)are amended as follows.

(2) In regulation 2(2) (general interpretation), after the definition of “earnings” insert—

“first year of training” means a period of one year beginning with a person’s first day of training.

(3) For regulation 54(3) (calculation of earnings derived from employed earner’s employment) substitute—

(3) (a) This paragraph applies where earnings are derived by a claimant as a member of a reserve force prescribed in Part 1 of Schedule 6 to the Social Security (Contributions) Regulations 2001—

(i)in respect of a period of annual continuous training for a maximum of 15 days in any calendar year; or

(ii)in respect of training in the claimant’s first year of training as a member of a reserve force for a maximum of 43 days in that year.

(b)Earnings, whether paid to the claimant alone or together with other earnings derived from the same source, are to be taken into account—

(i)in the case of a period of training which lasts for the number of days listed in column 1 of the table in sub-paragraph (c), over a period of time which is equal to the number of days set out in the corresponding row in column 2 of that table; or

(ii)in any other case, over a period which is equal to the duration of the training period.

(c)This is the table referred to in sub-paragraph (b)(i)—

Column 1

Period of training in days

Column 2

Period of time over which earnings are to be taken into account in days

8 to 107
15 to 1714
22 to 2421
29 to 3128
36 to 3835
4342

(4) In the Schedule (sums to be disregarded in the calculation of earnings)—

(a)in paragraph 6, omit the words “territorial or”; and

(b)in paragraph 12—

(i)in sub-paragraph(2), omit the words “territorial or”; and

(ii)at the end of sub-paragraph (2), omit the full stop and insert—

or in respect of training in the claimant’s first year of training as a member of a reserve force for a maximum of 43 days in that year.

(5) In each of the following provisions, omit the words “territorial or” —

(a)regulation 41(6)(a); and

(b)regulation 44(1)(c)(v).