Regulation 8 Claims for Entitlement to a Jobseeker’s Allowance
England, Wales and Scotland
The following provisions of this regulation shall apply in the case of a person who is treated as having an award of a jobseeker’s allowance in accordance with regulation 5 or 7.
A person to whom regulation 5 or 7 applies shall be treated as having satisfied the condition mentioned in section 1(2)(b) (jobseeker’s agreement) for so long as the award is in force or, if earlier, until the day he actually enters into such an agreement in accordance with section 9(1) or until, in a case where a proposed jobseeker’s agreement is referred to an adjudication officer for him to determine, the day the adjudication officer gives a direction in accordance with section 9(7).
A person who, in respect of his claim for income support or unemployment benefit, or income support and unemployment benefit, has restricted the hours he is available for work to 40 hours or more a week shall be treated as having recorded his pattern of availability in the jobseeker’s agreement he is treated as having entered into under paragraph (2).
In the case of a person to whom unemployment benefit was payable in respect of either 6th or 7th April 1996 and where the period of interruption of employment that was current on that date was also current on the relevant day—
section 5(1) shall have effect as if the reference to 182 days was a reference to 312 days F1but only in so far as this sub-paragraph has effect in the case of any person in respect of any date falling before 1st December 1997 ; and
in any benefit week commencing on or after 7th October 1996, Sunday or such other day of the week which before that date was, in the claimant’s case, substituted for Sunday in accordance with regulation 4 of the Unemployment Benefit Regulations as in force on 6th October 1996 M1 shall be disregarded solely for the purpose of determining whether in the aggregate a person has been entitled to a contribution-based jobseeker’s allowance for 312 days.
In the case of a person to whom unemployment benefit was not payable in respect of either 6th or 7th April 1996—
section 5(1) shall have effect as if the reference to 182 days was a reference to 156 days; and
in any benefit week commencing on or after 7th October 1996, Sunday or such other day of the week which before that date was, in the claimant’s case, substituted for Sunday in accordance with regulation 4 of the Unemployment Benefit Regulations as in force on 6th October 1996 shall be disregarded solely for the purpose of determining whether in the aggregate a person has been entitled to a contribution-based jobseeker’s allowance for 156 days.
Any day of unemployment which fell within a period of interruption of employment current on the relevant day shall be treated as a day of entitlement to a contribution-based jobseeker’s allowance for the purpose of determining whether the 182 days mentioned in section 5(1), or 312 days in a case to which F2paragraph (4) applies F3or 156 days in a case to which paragraph (5) applies, has been exceeded.
In the case of a person who on the relevant day—
was summoned for jury service and unemployment benefit was payable to him in respect of the day immediately preceding the day on which he was required to serve as a juror; or
was taking part in training and unemployment benefit or income support was, or both were, payable to him in respect of the day immediately preceding the day in respect of which that training began; and
would, but for being summoned for jury service or taking part in training, have been available for and actively seeking employment,
he shall be treated for the purposes of these Regulations as if—
on the relevant day, he had an award of unemployment benefit if he had such an award immediately before the jury service or, as the case may be, the training began; or
on the relevant day, he had an award of income support if he had such an award before the training began; and
the award he was treated as having was terminated in accordance with paragraph (1) or, as the case may be, paragraph (2) of regulation 4.
Where a person to whom paragraph (7) applies had been entitled to an increase in his unemployment benefit in respect of an adult dependant and that increase was payable to him immediately preceding the day on which he was required to serve as a juror or the day training began, he shall be treated for the purposes of these Regulations as if that increase was payable to him in respect of the relevant day.
In the case of a person to whom the requirements of one or more of sub-paragraphs (a), (b) or (c) of paragraph (7) apply on either 6th or 7th April 1996, regulation 7 shall apply in his case as if he had in fact been in receipt of unemployment benefit for one of those days.
In the case of a person who on the relevant day—
was summoned for jury service and was required to serve as a juror; and
was entitled to income support; and
would but for being summoned for jury service have been available for and actively seeking employment,
and where income support was payable to him in respect of the day immediately preceding the day on which he was required to serve as a juror, his award of income support shall end at the end of the benefit week which includes the last day in respect of which he was summoned for jury service and regulation 7 shall apply in his case as if paragraph (1) referred to that benefit week and not the benefit week which commenced on or after 7th October 1996.
Annotations
Textual amendments
- F1
Words in reg. 8(4)(a) inserted (1.12.1997) by The Jobseeker’s Allowance (Amendment) (No. 2) Regulations 1997 (S.I. 1997/2677), regs. 1, 3
- F2
Words in reg. 8(6) substituted (21.3.1997) by The Social Security (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/454), regs. 1(a), 4(3)(a)
- F3
Words in reg. 8(6) inserted (21.3.1997) by The Social Security (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/454), regs. 1(a), 4(3)(b)
Marginal citations
- M1
Regulation 4 was amended by S.I. 1995/829.