Regulation 5 Periods of entitlement which do not qualifyF1

whether a person has earnings from employment; or

the amount of those earnings.

shall not apply where during a benefit week there are days of entitlement to a qualifying benefit;and

the formula set out in regulation 8(1)(c) shall apply to any earnings in the benefit week in which those days fall, except that “N" shall represent the number of days of entitlement to the qualifying benefit.

interim payments were made to the person in accordance with regulation 2 of the Social Security (Payments on Account, Overpayments and Recovery) Regulations 1988 M1 and in respect of which no award of a qualifying benefit was subsequently made to him;

subject to F3paragraph (5), the person’s applicable amount is determined in accordance with Part VI of the Income Support Regulations (urgent cases) or with Part X of the Jobseeker’s Allowance Regulations (urgent cases); or

the person is entitled to a jobseeker’s allowance in accordance with Part IX of the Jobseeker’s Allowance Regulations (hardship) F4because —

regulation 70(2)(a) of the Income Support Regulations (certain persons from abroad); or

regulation 147(2)(a) of the Jobseeker’s Allowance Regulations (certain persons from abroad), applies.