Regulation 8 Credits on termination of full-time education, training or apprenticeship

F1(1)

For the purposes of his entitlement to F2a contribution-based jobseeker’s allowanceF3, short-term incapacity benefit or a contributory employment and support allowance a person shall be entitled to be credited with earnings equal to the lower earnings limit then in force for either one of the last two complete years before the beginning of the relevant benefit year if–

(a)

during any part of that year he was–

(i)

undergoing a course of full-time education; or

(ii)

undergoing–

(a)

a course of training which was full-time and which was arranged under section 2(1) of the Employment and Training Act 1973 F4or section 2(3) of the Enterprise and New Towns (Scotland) Act 1990; or

(b)

any other full-time course the sole or main purpose of which was the acquisition of occupational or vocational skills; or

(c)

if he is a disabled person within the meaning of the Disabled Persons (Employment) Act 1944, a part-time course attended for at least 15 hours a week which, if it was full-time, would fall within either of heads (a) or (b) above; or

(iii)

an apprentice; and

(b)

the other year is, in his case, a reckonable year; and

(c)

that course or, as the case may be, his apprenticeship has terminated.

(2)

Paragraph (1) shall not apply—

(a)

where the course of education or training or the apprenticeship commenced after the person had attained the age of 21;

(b)

to a woman in respect of any tax year immediately before the end of which she was a married woman and an election made by her under regulations made F5under section 3(2) of the Social Security Pensions Act 1975 had effectF6;

F7(c)

to a person in respect of any tax year before that in which he attains the age of 18.

Annotations

Textual amendments

F1: Reg. 8(1) substituted (1.10.1989) by The Social Security (Credits) Amendment Regulations 1989 (S.I. 1989/1627), regs. 1, 3
F2: Words in reg. 8(1) substituted (7.10.1996) by The Social Security (Credits and Contributions) (Jobseekers Allowance Consequential and Miscellaneous Amendments) Regulations 1996 (S.I. 1996/2367), regs. 1, 2(5) (with reg. 4)
F3: Words in reg. 8(1) substituted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 48(4)
F4: Words in reg. 8(1)(a)(ii) added (1.4.1991) by The Enterprise (Scotland) Consequential Amendments Order 1991 (S.I. 1991/387), arts. 1, 3(b)
F5: Words in reg. 8(2)(b) substituted (6.4.1978) by The Social Security (Credits) Amendment and (Earnings Factor) Transitional Regulations 1978 (S.I. 1978/409), regs. 1(1), 2(2)
F6: Word in reg. 8(2)(b) substituted (2.10.1988) by virtue of The Social Security (Credits) Amendment (No. 2) Regulations 1988 (S.I. 1988/1230), regs. 1(1), 2(3)(b) (with reg. 3(2))
F7: Reg. 8(2)(c) inserted (2.10.1988) by The Social Security (Credits) Amendment (No. 2) Regulations 1988 (S.I. 1988/1230), regs. 1(1), 2(3)(c) (with reg. 3(2))