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Regulation 74 Person of prescribed description for the purpose of section 20(3)

(1)

Subject to paragraph (2), a person shall be of a prescribed description for the purposes of section 20(3) F1... (exemption from non-payment of jobseeker’s allowance) and shall not fall within F2section 19(2)(b) or (d) ... if he has neither worked in employed earner’s employment, nor has been a self-employed earner, nor been a full-time student nor been in relevant education, during the period of 13 weeks preceding the day of the commencement of the employment.

(2)

For the purposes of paragraph (1), a person shall not be regarded as having–

(a)

worked in employed earner’s employment; or

(b)

been a self-employed earner; or

(c)

been a full-time student or been in relevant education;

by reason only of any engagement in an activity referred to in paragraph (3) or by his attendance for a period of up to 14 days at a work camp.

(3)

The activities referred to in this paragraph are–

(a)

the manning or launching of a lifeboat; or

(b)

the performance of duty as a part-time member of a fire brigade.

(4)

A trial period in section 20(3) F3... means a period of 8 weeks beginning with the commencement of the fifth week of the employment in question and ending at the end of the twelfth week of that employment and for the purposes of this definition in determining the time at which the fifth week of the employment in question commences or at which the twelfth week of that employment ends, any week in which a person has not worked in the employment for at least 16 hours shall be disregarded.

Annotations

Textual amendments

F1

Words in reg. 74(1) omitted (22.10.2012) by virtue of The Jobseeker’s Allowance (Sanctions) (Amendment) Regulations 2012 (S.I. 2012/2568), regs. 1(1), 2(7)(a)(i)

F2

Words in reg. 74(1) substituted (22.10.2012) by The Jobseeker’s Allowance (Sanctions) (Amendment) Regulations 2012 (S.I. 2012/2568), regs. 1(1), 2(7)(a)(ii)

F3

Words in reg. 74(4) omitted (22.10.2012) by virtue of The Jobseeker’s Allowance (Sanctions) (Amendment) Regulations 2012 (S.I. 2012/2568), regs. 1(1), 2(7)(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).