Regulation 47 Jobseeking Period

(1)

For the purposes of the Act, but subject to paragraphs (2) and (3), the “jobseeking period" means any period throughout which the claimant satisfies or is treated as satisfying the conditions specified in paragraphs (a) to (c) and (e) to (i) of subsection (2) of section 1 (conditions of entitlement to a jobseeker’s allowance).

(2)

Any period in which–

(a)

a claimant does not satisfy any of the requirements in section 1(2)(a) to (c), and

(b)

a jobseeker’s allowance is payable to him in accordance with Part IX (Hardship), F1or, where the claimant is a member of a joint-claim couple, a jobseeker’s allowance is payable in accordance with Part IXA (hardship)

shall, for the purposes of paragraph (1), be treated as a period in which the claimant satisfies the conditions specified in paragraphs (a) to (c) of subsection (2) of section 1.

F2(2A)

Any period in which a claimant is entitled to a jobseeker’s allowance in accordance with regulation 11(3) of the Jobseeker’s Allowance (Transitional Provisions) Regulations 1995 shall, for the purposes of paragraph (1), be treated as a period in which he satisfies the conditions specified in paragraphs (a) to (c) and (e) to (i) of subsection (2) of section 1.

(3)

The following periods shall not be, or be part of, a jobseeking period–

(a)

any period in respect of which no claim for a jobseeker’s allowance has been made or treated as made;

(b)

such period as falls before the day on which a claim for a jobseeker’s allowance is made or treated as made F3...;

(c)

where a claim for a jobseeker’s allowance has been made or treated as made but no entitlement to benefit arises in respect of a period before the date of claim by virtue of section 1(2) of the Administration Act (limits for backdating entitlement), that period;

(d)

where–

(i)

a claimant satisfies the conditions specified in paragraphs (a) to (c) and (e) to (i) of subsection (2) of section 1; and

(ii)

entitlement to a jobseeker’s allowance ceases in accordance with regulation 25 (entitlement ceasing on a failure to comply),

the period beginning with the date in respect of which, in accordance with regulation 26, entitlement ceases and ending with the day before the date in respect of which the claimant again becomes entitled to a jobseeker’s allowance; or

(e)

any week in which a claimant is not entitled to a jobseeker’s allowance in accordance with section 14 (trade disputes).

F4(f)

subject to regulation 2A, any period in respect of which the claimant is not entitled to a jobseeker’s allowance because section 1(1A) of the Administration Act (requirement to state national insurance number) applies.

(4)

For the purposes of section 5 (duration of a contribution-based jobseeker’s allowance) any day—

(a)

which falls within a jobseeking period F5and either;

F6(b)

(i)

on which the claimant satisfies the conditions specified in section 2 (the contribution-based conditions) other than the conditions specified in subsection (1)(c) and (d) of that section; and

C1(ii)

on which a contribution-based jobseeker’s allowance is not payable to the claimant by virtue of F7section 19 or 19A or regulation 69B F8or on which the claimant is a member of a joint-claim couple and a joint-claim jobseeker’s allowance is not payable or is reduced because he is subject to sanctions by virtue of section 19 or 19A or regulation 69B F9or by virtue of a restriction imposed pursuant to F10... F11section F126B, 7, 8 or 9 of the Social Security Fraud Act 2001 (loss of benefit provisions); or

(c)

which falls within a period which is treated as a period in which the claimant satisfies the conditions specified in paragraphs (a) to (c) of subsection (2) of section 1, in accordance with paragraph (2),

shall be treated as if it was a day in respect of which he was entitled to a contribution-based jobseeker's allowance.

Annotations

Textual amendments

F1: Words in reg. 47(2)(b) added (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), Sch. 2 para. 11
F2: Reg. 47(2A) inserted (28.10.1996) by The Social Security and Child Support (Jobseeker’s Allowance) (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/2538), regs. 1, 2(4)
F3: Words in reg. 47(3)(b) omitted (5.4.1999) by virtue of The Social Security Benefits (Miscellaneous Amendments) Regulations 1999 (S.I. 1999/714), reg. 2(1)(a)
F4: Reg. 47(3)(f) inserted (6.9.1999) by The Social Security (Incapacity Benefit and Jobseeker’s Allowance) Amendment Regulations 1999 (S.I. 1999/2226), regs. 1, 3
F5: Words in reg. 47(4) added (7.10.1996) by The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 14(2)
F6: Reg. 47(4)(b)(i)(ii)(c) substituted for reg. 47(4)(b)(c) (7.10.1996) by The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 14(3)
F7: Words in reg. 47(4)(b)(ii) substituted (22.10.2012) by The Jobseeker’s Allowance (Sanctions) (Amendment) Regulations 2012 (S.I. 2012/2568), regs. 1(1), 5(8)
F8: Words in reg. 47(4)(b)(ii) added (19.3.2001) by The Social Security Amendment (Joint Claims) Regulations 2001 (S.I. 2001/518), regs. 1(1), 2(5)
F9: Words in reg. 47(4)(b)(ii) added (E.W.) (15.10.2001) by The Social Security (Breach of Community Order) (Consequential Amendments) Regulations 2001 (S.I. 2001/1711), regs. 1, 2(4)(a)
F10: Words in reg. 47(4)(b)(ii) omitted (for specified purposes and with effect in accordance with reg. 1(3) of the amending S.I.) by virtue of The Welfare Reform Act 2009 (Section 26) (Consequential Amendments) Regulations 2010 (S.I. 2010/424), reg. 3(2)
F11: Words in reg. 47(4)(b)(ii) inserted (1.4.2002) by The Social Security (Loss of Benefit) (Consequential Amendments) Regulations 2002 (S.I. 2002/490), regs. 1(1), 7
F12: Word in reg. 47(4)(b)(ii) inserted (1.4.2010) by The Social Security (Loss of Benefit) Amendment Regulations 2010 (S.I. 2010/1160), regs. 1, 11(2)

Modifications

C1: Reg. 47(4)(b)(ii) modified (22.11.2010) by The Jobseeker’s Allowance (Work for Your Benefit Pilot Scheme) Regulations 2010 (S.I. 2010/1222), regs. 1(2), 18(b)

Notes on the whole SI

Textual amendments

F1: 1995 c.18.
F2: Section 35(1) is an interpretation provision: it is cited because it contains powers exercised in these Regulations in the definitions of “employment", “jobseeker's period", “pensionable age", “pensionable payments", “training" and “work" and because of the meaning assigned to the words “prescribed" and “regulations".
F3: 1992 c.5; section 191 is an interpretation provision and it is cited because of the meaning ascribed to the word “prescribed".
F4: 1992 c.4; sections 171D and 171G(2) were inserted by the Social Security (Incapacity for Work) Act 1994 (c.18), section 6(1) and have effect for the purposes of the Jobseekers Act 1995 by virtue of paragraph 2 of Schedule 1 to that Act. Section 171G(2) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed".
F5: See section 173(5)(b) of the Social Security Administration Act 1992 (c.5).