{
  "url": "https://openlegislation.uk/income-support-general-regulations-northern-ireland-1987/regulation-5",
  "json_url": "https://openlegislation.uk/income-support-general-regulations-northern-ireland-1987/regulation-5.json",
  "legislation": "nisr/1987/459",
  "legislation_title": "The Income Support (General) Regulations (Northern Ireland) 1987",
  "legislation_url": "https://openlegislation.uk/income-support-general-regulations-northern-ireland-1987",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "Persons treated as engaged in remunerative work",
  "text": "(1) Subject to paragraphs (2) to (5), for the purposes of Article 21(3)(c) of the Order (conditions of entitlement to income support), remunerative work is work in which a person is engaged, or, where his hours of work fluctuate, he is engaged on average, for not less than 24 hours a week being work for which payment is made or which is done in expectation of payment.\n(2) The number of hours for which a person is engaged in work shall be determined—\n(a) where no recognisable cycle has been established in respect of a person's work, by reference to the number of hours or, where those hours are likely to fluctuate, the average of the hours, which he is expected to work in a week;\n(b) where the number of hours for which he is engaged fluctuate, by reference to the average of hours worked over—\n(i) if there is a recognisable cycle of work, the period of one complete cycle (including, where the cycle involves periods in which the person does no work, those periods but disregarding any other absences),\n(ii) in any other case, the period of 5 weeks immediately before the date of claim or the date of review, or such other length of time as may, in the particular case, enable the person's average hours of work to be determined more accurately.\n(3) A person shall be treated as engaged in remunerative work during any period for which he is absent from work referred to in paragraph (1) if the absence is either without good cause or by reason of a recognised, customary or other holiday.\n(4) A person who makes a claim and to whom or to whose partner Article 24 of the Order (trade disputes) applies shall, for the period of 7 days following the date on which the stoppage of work due to a trade dispute at his or his partner's place of work commenced or, if there is no stoppage, the date on which he or his partner first withdrew his labour in furtherance of a trade dispute, be treated as engaged in remunerative work.\n(5) A person who was, or was treated as being, engaged in remunerative work and in respect of that work earnings to which regulation 35(1)(b) to (d) (earnings of employed earners) applies are payable shall be treated as being engaged in remunerative work for the period for which those earnings are taken into account in accordance with Part V.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "words substituted",
      "affecting": "nisr/2023/56",
      "affecting_title": "The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations (Northern Ireland) 2023"
    },
    {
      "type": "words substituted",
      "affecting": "nisr/2023/157",
      "affecting_title": "The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) (No. 2) Regulations (Northern Ireland) 2023"
    },
    {
      "type": "word omitted",
      "affecting": "nisr/2022/230",
      "affecting_title": "The Social Security (Habitual Residence and Past Presence) (Amendment No. 2) Regulations (Northern Ireland) 2022"
    },
    {
      "type": "word added",
      "affecting": "nisr/2022/230",
      "affecting_title": "The Social Security (Habitual Residence and Past Presence) (Amendment No. 2) Regulations (Northern Ireland) 2022"
    },
    {
      "type": "added",
      "affecting": "nisr/2022/230",
      "affecting_title": "The Social Security (Habitual Residence and Past Presence) (Amendment No. 2) Regulations (Northern Ireland) 2022"
    },
    {
      "type": "inserted",
      "affecting": "nisr/1996/405",
      "affecting_title": "The Income-Related Benefits and Social Fund (Miscellaneous Amendments) Regulations (Northern Ireland) 1996"
    },
    {
      "type": "words substituted",
      "affecting": "nisr/2000/74",
      "affecting_title": "The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2000"
    },
    {
      "type": "words substituted",
      "affecting": "nisr/1999/472",
      "affecting_title": "The Social Security (1998 Order) (Commencement No. 11 and Consequential and Transitional Provisions) Order (Northern Ireland) 1999"
    },
    {
      "type": "omitted",
      "affecting": "nisr/2001/78",
      "affecting_title": "The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2001"
    },
    {
      "type": "added",
      "affecting": "nisr/1999/381",
      "affecting_title": "The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 1999"
    },
    {
      "type": "words inserted",
      "affecting": "nisr/2002/363",
      "affecting_title": "The Social Security (Paternity and Adoption Amendment) Regulations (Northern Ireland) 2002"
    },
    {
      "type": "omitted",
      "affecting": "nisr/2003/367",
      "affecting_title": "The Social Security (Back to Work Bonus and Lone Parent Run-on Amendment and Revocation) Regulations (Northern Ireland) 2003"
    },
    {
      "type": "words substituted",
      "affecting": "nisr/2007/396",
      "affecting_title": "The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2007"
    },
    {
      "type": "inserted",
      "affecting": "nisr/2007/396",
      "affecting_title": "The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2007"
    },
    {
      "type": "words substituted",
      "affecting": "nisr/2008/112",
      "affecting_title": "The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2008"
    },
    {
      "type": "words substituted",
      "affecting": "nisr/2015/146",
      "affecting_title": "The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order (Northern Ireland) 2015"
    },
    {
      "type": "words substituted",
      "affecting": "nisr/2022/168",
      "affecting_title": "The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations (Northern Ireland) 2022 (revoked)"
    },
    {
      "type": "words substituted",
      "affecting": "nisr/2022/236",
      "affecting_title": "The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) (No. 2) Regulations (Northern Ireland) 2022"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/1987/459/regulation/5",
    "retrieved_at": "2026-10-29T03:18:43.914608+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}