Regulation 52 Persons treated as engaged in remunerative work

(1)

Except in the case of a person on maternity leave F1, paternity leave, adoption leave F2, shared parental leave F3, parental bereavement leave F4, neonatal care leave or absent from work through illness, a person shall be treated as engaged in remunerative work during any period for which he is absent from work referred to in regulation 51(1) (remunerative work) where the absence is either without F5a good reason or by reason of a recognised, customary or other holiday.

(2)

For the purposes of an income-based jobseeker’s allowance F6but not a joint-claim jobseeker’s allowance, the partner of a claimant shall be treated as engaged in remunerative work where—

(a)

the partner is or was involved in a trade dispute; and

(b)

had the partner claimed a jobseeker’s allowance, section 14 (trade disputes) would have applied in his case; and

(c)

the claimant was not entitled to an income-based jobseeker’s allowance when the partner became involved in the trade dispute;

and shall be so treated for a period of 7 days beginning on the date the stoppage of work at the partner’s place of employment commenced, or if there was no stoppage of work, the date on which the partner first withdrew his labour in furtherance of the trade dispute.

F7(2A)

For the purposes of a joint-claim jobseeker’s allowance, a member of a joint-claim couple shall be treated as engaged in remunerative work where—

(a)

he is or was involved in a trade dispute;

(b)

had the joint-claim couple of which he is a member claimed a jobseeker’s allowance jointly, section 14 (trade disputes) would have applied in the case of one or both members of that couple; and

(c)

the joint-claim couple were not entitled to a joint-claim jobseeker’s allowance when that member of the joint-claim couple became involved in the trade dispute,

and shall be so treated for a period of 7 days beginning on the date the stoppage of work commenced at that member’s place of employment or, if there was no stoppage of work, the date on which that member first withdrew his labour in furtherance of the trade dispute.

(3)

F8Subject to paragraph (3A), a person who was, or was treated as being, engaged in remunerative work and in respect of that work earnings to which F998(1)(c) (earnings of employed earners) applies are paid, shall be treated as engaged in remunerative work for the period for which those earnings are taken into account in accordance with Part VIII.

F10(3A)

Paragraph (3) shall not apply to earnings disregarded under paragraph 1 of Schedule 6 to these regulations.

F11(4)

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(5)

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(6)

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Annotations

Textual amendments

F1: Words in reg. 52(1) inserted (8.12.2002) by The Social Security (Paternity and Adoption) Amendment Regulations 2002 (S.I. 2002/2689), regs. 1(1)(b), 3(4)
F2: Words in reg. 52(1) inserted (31.12.2014) by The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255), arts. 1(2), 7(4)
F3: Words in reg. 52(1) inserted (6.4.2020) by The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2020 (S.I. 2020/354), regs. 1, 8(4)
F4: Words in reg. 52(1) inserted (6.4.2025) by The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025 (S.I. 2025/201), regs. 1(2), 6(4)
F5: Words in reg. 52(1) substituted (22.10.2012) by The Jobseeker’s Allowance (Sanctions) (Amendment) Regulations 2012 (S.I. 2012/2568), regs. 1(1), 5(9)
F6: Words in reg. 52(2) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 15(a)
F7: Reg. 52(2A) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 15(b)
F8: Words in reg. 52(3) substituted (1.10.2007) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2007 (S.I. 2007/2618), regs. 1(1), 8(4)(a)
F9: Word in reg. 52(3) substituted (14.4.2008) by The Social Security (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/698), regs. 1(1), 4(8)
F10: Reg. 52(3A) inserted (1.10.2007) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2007 (S.I. 2007/2618), regs. 1(1), 8(4)(b)
F11: Reg. 52(4)-(6) omitted (9.4.2001) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2001 (S.I. 2001/488), regs. 1(1), 12(a)

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).