Regulation 55ZA Extended period of sicknessF1
This regulation applies to a person who—
has been awarded a jobseeker’s allowance;
proves to the satisfaction of the Secretary of State that he is unable to work on account of some specific disease or disablement F2(“the initial condition”);
either—
is not a person to whom regulation 55(1) (short periods of sickness) applies by virtue of paragraph (3) of that regulation F6, and declares that he has been unable to work or expects to be unable to work, on account of the initial condition or any other disease or disablement, for 2 weeks or less;
during 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) (availability for and actively seeking employment and capable of work or not having limited capability for work); and
has not stated in writing that for the period of his disease or disablement he proposes to claim or has claimed an employment and support allowance or universal credit.
The evidence which is required for the purposes of paragraph (1)(b) in a case where paragraph (1)(c)(i) applies is—
evidence of incapacity for work or limited capability for work in accordance with the Social Security (Medical Evidence) Regulations 1976 (which prescribe the form of F7... statement or other evidence required in each case); and
any such additional information as the Secretary of State may request.
F8Subject to paragraph (3A), the evidence which is required for the purposes of paragraph (1)(b) in a case where paragraph (1)(c)(ii) applies is a declaration made by the person in writing, in a form approved for the purposes by the Secretary of State, that the person has been unfit for work from a date or for a period specified in the declaration.
In a case where paragraph (1)(c)(ii) applies, but the period in which the person has been unable to work or expects to be unable to work in fact exceeds 2 weeks, the evidence that is required for the purposes of paragraph (1)(b) is the evidence that is required in a case where paragraph (1)(c)(i) applies.
Subject to the following paragraphs, a person to whom this regulation applies is to be treated as capable of work or as not having limited capability for work for the continuous period beginning on the first day on which he is unable to work on account of F10... disease or disablement (“the first day”) and ending on—
the last such day; or
if that period would otherwise exceed 13 weeks, the day which is 13 weeks after the first day.
This regulation does not apply to a person on more than one occasion in any one period of 12 months starting on the first day applying for the purpose of paragraph (4).
Paragraphs (4) and (5) of regulation 55 apply for the purposes of this regulation as they apply for the purposes of paragraph (1) of regulation 55.
Annotations
Textual amendments
- F1
Reg. 55ZA inserted (30.3.2015) by The Jobseeker’s Allowance (Extended Period of Sickness) Amendment Regulations 2015 (S.I. 2015/339), regs. 1, 2(5)
- F2
Words in reg. 55ZA(1)(b) inserted (23.5.2016) by The Jobseeker’s Allowance (Extended Period of Sickness) Amendment Regulations 2016 (S.I. 2016/502), regs. 1, 2(3)(a)(i)
- F3
Word in reg. 55ZA(1)(c)(i) substituted (23.5.2016) by The Jobseeker’s Allowance (Extended Period of Sickness) Amendment Regulations 2016 (S.I. 2016/502), regs. 1, 2(3)(a)(ii)(aa)
- F4
Words in reg. 55ZA(1)(c)(i) substituted (23.5.2016) by The Jobseeker’s Allowance (Extended Period of Sickness) Amendment Regulations 2016 (S.I. 2016/502), regs. 1, 2(3)(a)(ii)(bb)
- F5
Words in reg. 55ZA(1)(c)(i) substituted (23.5.2016) by The Jobseeker’s Allowance (Extended Period of Sickness) Amendment Regulations 2016 (S.I. 2016/502), regs. 1, 2(3)(a)(ii)(cc)
- F6
Words in reg. 55ZA(1)(c)(ii) inserted (23.5.2016) by The Jobseeker’s Allowance (Extended Period of Sickness) Amendment Regulations 2016 (S.I. 2016/502), regs. 1, 2(3)(a)(iii)
- F7
Words in reg. 55ZA(2)(a) omitted (1.7.2022) by virtue of The Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/630), regs. 1(2), 4(1)
- F8
Words in reg. 55ZA(3) inserted (23.5.2016) by The Jobseeker’s Allowance (Extended Period of Sickness) Amendment Regulations 2016 (S.I. 2016/502), regs. 1, 2(3)(b)
- F9
Reg. 55ZA(3A) inserted (23.5.2016) by The Jobseeker’s Allowance (Extended Period of Sickness) Amendment Regulations 2016 (S.I. 2016/502), regs. 1, 2(3)(c)
- F10
Word in reg. 55ZA(4) omitted (23.5.2016) by virtue of The Jobseeker’s Allowance (Extended Period of Sickness) Amendment Regulations 2016 (S.I. 2016/502), regs. 1, 2(3)(d)
Modifications
- C1
Reg. 55ZA(5) 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
- 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).