OpenLegislation

Regulation 3 Unemployment benefitC1I1

United Kingdom

Original text. Later amendments are not shown.

(1)

Any person who, whilst a serving member of the forces, is dischargedF1... or otherwise dismissed in consequence of having been convicted on any proceedings under the F2Armed Forces Act 2006, or by any civil court, F3shall be treated for the purposes of F4section 6J, section 19 F5or 20A of the Jobseekers Act 1995 (circumstances in which a jobseeker’s allowance is not payable) F6or section 26 of the Welfare Reform Act 2012 (higher-level sanctions) F7or Article 31 of the Welfare Reform (Northern Ireland) Order 2015 (higher level sanctions) as though he has lost his employment through misconduct.

F8(2)

Section 19(6)(b) and (d) F9or section 20A(2)(e) and (g) of the Jobseekers Act 1995 (jobseeker’s allowance not payable where claimant has voluntarily left employment or neglected to avail himself of a reasonable opportunity of employment) shall not apply to a claimant who whilst a serving member of the forces is discharged at his own request.

(3)

For the purposes of any claim for F10a jobseeker’s allowance F11or universal credit under Part 1 of the Welfare Reform Act 2012 F12or under Part 2 of the Welfare Reform (Northern Ireland) Order 2015, a document purporting to be signed by a person authorised in that behalf by the Secretary of State certifying the fact that any person has been dischargedF13... or otherwise dismissed as mentioned in either of the foregoing paragraphs of this regulation and the date of the discharge... or dismissal shall be conclusive evidence thereof, unless it is proved that the document was not signed by a person so authorised.

Annotations

Textual amendments

F1

Word in reg. 3(1) omitted (31.10.2009) by virtue of The Armed Forces Act 2006 (Consequential Amendments) Order 2009 (S.I. 2009/2054), art. 1(2), Sch. 1 para. 7(2) (with Sch. 2 para. 3)

F2

Words in reg. 3(1) substituted (31.10.2009) by The Armed Forces Act 2006 (Consequential Amendments) Order 2009 (S.I. 2009/2054), art. 1(2), Sch. 1 para. 7(2) (with Sch. 2 para. 3)

F3

Words in reg. 3(1) substituted (7.10.1996) by The Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207), regs. 1(2), 168(2)

F4

Words in reg. 3(1) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 21(2)(a)(i)

F5

Words in reg. 3(1) inserted (19.3.2001) by The Social Security (Joint Claims: Consequential Amendments) Regulations 2000 (S.I. 2000/1982), regs. 1, 6(a)

F6

Words in reg. 3(1) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 21(2)(a)(ii)

F7

Words in reg. 3(1) inserted (N.I.) (coming into force in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 18(2)(a)

F8

Reg. 3(2) substituted (7.10.1996) by The Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207), regs. 1(2), 168(3)

F9

Words in reg. 3(2) inserted (19.3.2001) by The Social Security (Joint Claims: Consequential Amendments) Regulations 2000 (S.I. 2000/1982), regs. 1, 6(b)

F10

Words in reg. 3(3) substituted (7.10.1996) by The Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207), regs. 1(2), 168(4)

F11

Words in reg. 3(3) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 21(2)(b)

F12

Words in reg. 3(3) inserted (N.I.) (coming into force in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 18(2)(b)

F13

Words in reg. 3(3) omitted (31.10.2009) by virtue of The Armed Forces Act 2006 (Consequential Amendments) Order 2009 (S.I. 2009/2054), art. 1(2), Sch. 1 para. 7(3)

Modifications

C1

Words in reg. 3 modified (7.10.1996) by The Social Security and Child Support (Jobseeker’s Allowance) (Consequential Amendments) Regulations 1996 (S.I. 1996/1345), regs. 1, 14(2); The references to unemployment benefit in the heading to this regulation is obsolete and replaced with jobeeker’s allowance as from 7.10.96

Commencement

I1

Reg. 3 in force at 6.4.1975, see reg. 1