Regulation 3 Prescribed period
Subject to paragraphs (5) and (6), in relation to a restriction under section 62(2) of the Act applying in respect of a jobseeker’s allowance, the prescribed period shall be—
where the offender was entitled to a jobseeker’s allowance on the examination day, the period of four weeks commencing on the operative day;
where the offender claims a jobseeker’s allowance after the examination day but before the final day, the period commencing on the first day of the first benefit week after the examination day on which the offender is entitled to a jobseeker’s allowance and ending on the last day of the benefit week which ends on, or immediately before, the final day.
Subject to paragraphs (5) and (6), in relation to a restriction under section 62(2) of the Act applying in respect of a payment prescribed in regulation 2, the prescribed period shall be the period of four weeks commencing on the operative day.
Subject to paragraphs (5) and (6), in relation to a restriction under section 62(3) of the Act (income support), the prescribed period shall be—
where the offender was entitled to income support on the examination day, the period of four weeks commencing on the operative day;
where the offender claims income support after the examination day but before the final day, the period commencing on the first day of the first benefit week after the examination day on which the offender is entitled to income support and ending on the last day of the benefit week which ends on, or immediately before, the final day.
Subject to paragraphs (5) and (6), in relation to a restriction under section 63(1) of the Act (joint-claim jobseeker’s allowance), the prescribed period shall be—
where a joint-claim couple of which at least one member is an offender is entitled to a joint-claim jobseeker’s allowance on the examination day, the period of four weeks commencing on the operative day;
where an offender is a member of a joint-claim couple which claims a joint-claim jobseeker’s allowance after the examination day but before the final day, the period commencing on the first day of the first benefit week after the examination day on which the joint-claim couple is entitled to a joint-claim jobseeker’s allowance and ending on the last day of the benefit week which ends on, or immediately before, the final day.
Where the offender is aged 17 on the examination day but attains the age of 18 before the last day of the period prescribed in paragraphs (1) to (4), the prescribed period shall be the period commencing on the first day of the benefit week commencing immediately after the day on which the offender attains the age of 18 and ending on the last day of the period prescribed in paragraphs (1) to (4).
Where the offender is aged 59 on the examination day but attains the age of 60 before the final day, the prescribed period shall be the period commencing on the first day of the period prescribed in paragraphs (1) to (4) and ending on the last day of the benefit week ending immediately before the day on which the offender attains the age of 60.
In this regulation—
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“benefit week”—
- (a)
in relation to income support, shall have the same meaning as in regulation 2(1) of the Income Support Regulationsf1;
- (b)
in relation to a jobseeker’s allowance, shall have the same meaning as in regulation 1(3) of the Jobseeker’s Allowance Regulationsf2;
- (c)
in relation to a payment referred to in regulation 2, means—
- (i)
where the offender is also entitled to income support on the examination day, the relevant benefit week under (a) above;
- (ii)
where the offender is also entitled to a jobseeker’s allowance on the examination day, the relevant benefit week under (b) above;
- (iii)
where the offender is in receipt of such a payment on the examination day but is not entitled to, or in receipt of, income support or jobseeker’s allowance on that day, the period of seven days ending on the day which corresponds with the day of the week which is the last day of the period in respect of which that payment is made;
- (i)
- (a)
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“the examination day” means the day on which the Secretary of State, pursuant to a notification made to him that a determination has been made as mentioned in section 62(1)(a) of the Act, examines his records to ascertain whether the offender is, on that day, entitled to a relevant benefit or whether he is a member of a joint-claim couple who are, on that day, entitled to a joint-claim jobseeker’s allowance;
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“the final day” means the day before the day which is four weeks after the examination day;
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“the operative day” means the first day of the first benefit week following the date of the Secretary of State’s decision—
- (a)
in relation to a relevant benefit, that that benefit shall not be payable or that it shall be reduced pursuant to section 62 of the Act;
- (b)
in relation to a joint-claim jobseeker’s allowance, that that allowance shall not be payable or that it shall be reduced pursuant to section 63 of the Act.
- (a)