Regulation 55 Short periods of sickness

(1)

Subject to the following provisions of this regulation, a person who–

C1(a)

F1has been awarded a jobseeker’s allowanceF2...; and

(b)

proves to the satisfaction of F3the Secretary of State that he is unable to work on account of some specific disease or disablement; and

(c)

F4during the period of his disease or disablement, satisfies the requirements for entitlement to a jobseeker’s allowance other than those specified in section 1(2)(a), (c) and (f) (available for and actively seeking employment, and capable of work F5or not having limited capability for work),

shall be treated for a period of not more than 2 weeks as capable of work F6or as not having limited capability for work, except where the claimant states in writing that for the period of his disease or disablement he proposes to claim or has claimed incapacity benefitF7, employment and support allowance, F8universal credit, severe disablement allowance or income support.

(2)

The evidence which is required for the purposes of paragraph (1)(b) is a declaration made by the claimant in writing, in a form approved for the purposes by the Secretary of State, that he has been unfit for work from a date or for a period specified in the declaration.

C2(3)

F9Paragraph (1) does not apply to a claimant on more than two occasions in any one jobseeking period or where a jobseeking period exceeds 12 months, in each successive 12 months within that period and for the purposes of calculating any period of 12 months, the first 12 months in the jobseeking period commences on the first day of the jobseeking period.

F10(4)

F11Paragraph (1) does not apply to any person where the first day in respect of which they are unable to work falls within eight weeks beginning with the day the person ceased to be entitled to statutory sick pay.

F12(5)

F13Paragraph (1) does not apply to a claimant who is temporarily absent from Great Britain in the circumstances prescribed by regulation 50(6AA) or, as the case may be, (6C).

F14(6)

Paragraph (1) does not apply to any person—

(a)

during any period where the person is treated as capable of work or as not having limited capability for work under regulation 55ZA (extended period of sickness); or

(b)

where the first day in respect of which that person would, apart from this sub-paragraph, have been treated as capable of work or as not having limited capability for work under this regulation falls immediately after the last day on which the person is so treated under regulation 55ZA.

F15(7)

For the purposes of calculating the number of occasions under paragraph (3), any occasion to which regulation 55ZA applies to the claimant is to be disregarded.

Annotations

Textual amendments

F1: Words in reg. 55(1)(a) substituted (7.10.1996) by The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 17(2)
F2: Words in reg. 55(1)(a) omitted (22.10.2012) by virtue of The Jobseeker’s Allowance (Sanctions) (Amendment) Regulations 2012 (S.I. 2012/2568), regs. 1(1), 5(10)
F3: Words in reg. 55(1)(b) substituted (18.10.1999) by The Social Security Act 1998 (Commencement No. 11, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/2860), art. 3(1), Sch. 12 para. 2
F4: Words in reg. 55(1)(c) substituted (30.3.2015) by The Jobseeker’s Allowance (Extended Period of Sickness) Amendment Regulations 2015 (S.I. 2015/339), regs. 1, 2(4)(a)(i)
F5: Words in reg. 55(1)(c) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(9)(a)(i)
F6: Words in reg. 55(1) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(9)(a)(ii)
F7: Words in reg. 55(1) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(9)(a)(iii)
F8: Words in reg. 55(1) inserted (30.3.2015) by The Jobseeker’s Allowance (Extended Period of Sickness) Amendment Regulations 2015 (S.I. 2015/339), regs. 1, 2(4)(a)(ii)
F9: Words in reg. 55(3) substituted (30.3.2015) by The Jobseeker’s Allowance (Extended Period of Sickness) Amendment Regulations 2015 (S.I. 2015/339), regs. 1, 2(4)(b)
F10: Reg. 55(4) substituted (29.10.2013) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013 (S.I. 2013/2536), regs. 1(1), 6(6)
F11: Words in reg. 55(4) substituted (30.3.2015) by The Jobseeker’s Allowance (Extended Period of Sickness) Amendment Regulations 2015 (S.I. 2015/339), regs. 1, 2(4)(c)
F12: Reg. 55(5) added (4.10.2004) by The Social Security (Income Support and Jobseeker’s Allowance) Amendment Regulations 2004 (S.I. 2004/1869), regs. 1, 3(5)
F13: Words in reg. 55(5) substituted (30.3.2015) by The Jobseeker’s Allowance (Extended Period of Sickness) Amendment Regulations 2015 (S.I. 2015/339), regs. 1, 2(4)(d)
F14: Reg. 55(6) inserted (30.3.2015) by The Jobseeker’s Allowance (Extended Period of Sickness) Amendment Regulations 2015 (S.I. 2015/339), regs. 1, 2(4)(e)
F15: Reg. 55(7) inserted (23.5.2016) by The Jobseeker’s Allowance (Extended Period of Sickness) Amendment Regulations 2016 (S.I. 2016/502), regs. 1, 2(2)

Modifications

C1: Reg. 55(1)(a) 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(c)
C2: Reg. 55(3) modified (temp.) (30.3.2020) by The Social Security (Coronavirus) (Further Measures) Regulations 2020 (S.I. 2020/371), regs. 1(1), 8(1)(2)(a) (with reg. 10(2)); (as amended (12.5.2021) by The Social Security (Coronavirus) (Miscellaneous Amendments) Regulations 2021 (S.I. 2021/476)), regs. 1, 3

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).