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Social Security Contributions and Benefits Act 1992

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This is the original version (as it was originally enacted).

28Unemployment benefit - other disqualifications etc

(1)Subject to section 29 below a person shall be disqualified for receiving unemployment benefit for such period not exceeding 26 weeks as may be determined in accordance with Part II of the Administration Act if—

(a)he has lost his employment as an employed earner through his misconduct, or has voluntarily left such employment without just cause;

(b)after a situation in any employment has been properly notified to him as vacant or about to become vacant, he has without good cause refused or failed to apply for that situation or refused to accept that situation when offered to him;

(c)he has without good cause neglected to avail himself of a reasonable opportunity of employment;

(d)he has without good cause refused or failed to carry out any official recommendations given to him with a view to assisting him to find employment, being recommendations which were reasonable having regard to his circumstances and to the means of obtaining that employment usually adopted in the district in which he resides;

(e)he has lost his place on an approved training scheme through his misconduct, or has voluntarily left such a place without good cause;

(f)after a place on an approved training scheme has been properly notified to him as vacant or about to become vacant, he has without good cause refused or failed to apply for that place or refused to accept that place when offered to him; or

(g)he has without good cause neglected to avail himself of a reasonable opportunity of a place on an approved training scheme.

(2)The Secretary of State may by order substitute a shorter period for the period for the time being mentioned in subsection (1) above.

(3)Regulations may also provide for imposing, in the case of any prescribed category of persons—

(a)additional conditions with respect to the receipt of unemployment benefit; and

(b)restrictions on the rate and duration of unemployment benefit,

if, having regard to special circumstances, it appears to the Secretary of State necessary to do so for the purpose of preventing inequalities, or injustice to the general body of employed earners, or of earners generally, as the case may be.

(4)For the purposes of this section a person who has been dismissed by his employer by reason of redundancy within the meaning of section 81(2) of the [1978 c. 44.] Employment Protection (Consolidation) Act 1978 after volunteering or agreeing so to be dismissed shall not be deemed to have left his employment voluntarily.

(5)For the purposes of subsection (1) above regulations may—

(a)prescribe matters which are or are not to be taken into account in determining whether a person does or does not have good cause for any act or omission; or

(b)prescribe circumstances in which a person is or is not to be regarded as having or not having good cause for any act or omission;

but, subject to any such regulations, in determining for the purposes of that subsection whether a person does or does not have good cause for any act or omission, there shall be disregarded any matter relating to the level of remuneration in the employment in question.

(6)For the purposes of this section—

(a)“properly notified”, in subsection (1)(b) and (f) above, means notified by the Secretary of State, a local education authority or some other recognised agency, or by or on behalf of an employer;

(b)“official recommendations”, in subsection (1)(d) above, means recommendations in writing made by an officer of a local education authority or the Secretary of State;

(c)“approved training scheme”, in subsection (1)(e), (f) and (g) above, means a scheme under which persons—

(i)are trained for employment; or

(ii)acquire work-experience for the purpose of becoming or keeping fit for entry to or return to regular employment,

and which is approved by the Secretary of State for the purposes of this section;

(d)“local education authority”, in relation to Scotland, means an education authority, that is to say, a regional or islands council; and

(e)“week” means any period of 7 days.

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