Periods of entitlement which do not qualify
5.—(1) The periods specified in paragraph (3) shall be treated for the purposes of these Regulations as periods in which a person is not entitled to a qualifying benefit.
(2) Any sums earned in a period specified in paragraph (3) shall not be taken into account in determining—
(a)whether a person has earnings from employment, or
(b)the amount of those earnings.
(3) The periods specified in this paragraph are any period during which—
(a)interim payments were made to the person in accordance with regulation 2 of the Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 1988(1) and in respect of which no award of a qualifying benefit was subsequently made to him;
(b)subject to paragraph (4), the person’s applicable amount is determined in accordance with Part VI of the Income Support Regulations (urgent cases) or with any corresponding provisions having effect in connection with a jobseeker’s allowance and made under Article 6(5) of the Order, or
(c)the person is entitled to a jobseeker’s allowance in accordance with regulations made under Article 22(4) of, or Article 23 of and paragraph 9 or 10 of Schedule 1 to, the Order because—
(i)he fails to satisfy any one or more of the conditions specified in Article 3(2)(a) to (c) of the Order (availability for and actively seeking employment), or
(ii)subject to paragraph (5), he has submitted a claim for a jobseeker’s allowance but the adjudication officer has not determined whether those conditions are satisfied.
(4) Paragraph (3)(b) shall not apply in the case of a person to whom—
(a)regulation 70(2)(a) of the Income Support Regulations (certain persons from abroad), or
(b)any corresponding regulation having effect in connection with a jobseeker’s allowance and made under Article 6(5) of the Order,
applies.
(5) Paragraph (3)(c)(ii) shall not apply to any period in respect of which the claim for a jobseeker’s allowance is determined by the adjudication officer in the claimant’s favour.
S.R. 1988 No. 142; relevant amending regulations are S.R. 1992 No. 6, S.R. 1993 No. 175 and S.R. 1996 No. 11