Regulation 52 Persons treated as engaged in remunerative workI1

Northern Ireland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 52 coming into force by Jobseeker’s Allowance 1996 reg. 1(1)
reg. 52(1) words inserted by Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) 2023 reg. 7(4)
reg. 52(2) words inserted by Jobseeker’s Allowance (Joint Claims) 2000 Sch. 2 para. 15(a)
reg. 52(2A) inserted by Jobseeker’s Allowance (Joint Claims) 2000 Sch. 2 para. 15(b)
reg. 52(4)-(6) omitted by Social Security 2001 reg. 12(a)
reg. 52(4)-(6) added by Social Security 1999 reg. 3
reg. 52(1) words inserted by Social Security (Paternity and Adoption Amendment) 2002 reg. 3(3)
reg. 131(3A)(e)and word added by Social Security (Students and Income-Related Benefits Amendment) 2003 reg. 3(1)(b)
reg. 52(3) words substituted by Social Security 2007 reg. 7(4)(a)
reg. 52(3A) inserted by Social Security 2007 reg. 7(4)(b)
reg. 52(3) words substituted by Social Security 2008 reg. 4(7)
reg. 52(1) words inserted by Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) 2015 art. 7(4)
reg. 52(1) words substituted by Jobseeker’s Allowance (Sanctions) 2016 reg. 5(11)
reg. 52(1) words inserted by Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) 2022 reg. 7(4)
reg. 52(1) words inserted by Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) 2022 reg. 7(4)
reg. 52(1) words inserted by Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) 2023 reg. 7(4)

(1)

Except in the case of a person on maternity 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 good cause or by reason of a recognised, customary or other holiday.

(2)

For the purposes of an income-based 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;

(b)

had the partner claimed a jobseeker’s allowance, Article 16 of the Order (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, and including, 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.

(3)

A person who was, or was treated as being, engaged in remunerative work and in respect of that work earnings to which regulation 98(1)(b) and (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 (income and capital).

Annotations

Commencement

I1: Reg. 52 in operation at 7.10.1996, see reg. 1(1)