Welfare Reform Act 2009

Other amendments

18 After section 15A insert—

“15B Other provision relating to a person’s return to work

(1) This section applies if a person (“P”) returns to work with the same employer after a period during which—

(a) P is, or would be, prevented by section 14 from being entitled to a jobseeker’s allowance, or

(b) section 15(2) applies in a case where (if subsection (2A) of section 14 were to be disregarded) P would be prevented by that section from being so entitled.

(2) It does not matter whether or not the return to work is before the end of the stoppage of work in question.

(3) In the case of a claim for an income-based jobseeker’s allowance other than a joint-claim jobseeker’s allowance—

(a) P is to be treated as not engaged in remunerative work until the end of the period of 15 days beginning with the day on which P returns to work, and

(b) any sum paid by way of a jobseeker’s allowance for that period of 15 days to P or, if P is a member of a couple, to the other member of the couple is recoverable in accordance with regulations from the person to whom it was paid or from any prescribed person or, where the person to whom it was paid is a member of a couple, from the other member of the couple.

(4) In the case of a claim for a joint-claim jobseeker’s allowance—

(a) P is to be treated as meeting the jobseeking conditions, and as not engaged in remunerative work, until the end of the period of 15 days beginning with the day on which P returns to work, and

(b) any sum paid by way of a joint-claim jobseeker’s allowance for that period of 15 days in respect of the couple is recoverable in accordance with regulations from each member of the couple or from any prescribed person.”