Trade disputes

20.—(1) The provisions of paragraphs (2) and (4) are subject to paragraph (6).

(2) Where—

(a)the qualifying benefit is a jobseeker’s allowance;

(b)the partner of the person claiming the benefit is not employed on any day because of a stoppage of work; and

(c)that stoppage is due to a trade dispute at the partner’s place of work,

any earnings earned by the partner during the stoppage shall be disregarded in determining the amount of the bonus unless he proves he is not directly interested in the dispute.

(3) In paragraph (1), “place of work” has the meaning it has in section 14 by virtue of sub-section (1) of that section.

(4) Where–

(a)the qualifying benefit is income support;

(b)the person claiming the benefit is not employed on any day because of a stoppage of work; and

(c)that stoppage is due to a trade dispute at his place of employment,

any earnings earned by that person during the stoppage shall be disregarded in determining the amount of the bonus unless he proves he is not directly interested in the dispute.

(5) In paragraph (4), “place of employment” and “trade dispute” have the meanings they have in the Benefits Act by virtue of section 27(3) of that Act.

(6) Where in any week the partner referred to in paragraph (2)(b) or, as the case may be, (4)(b) is within her maternity pay period or is incapable of work, and undertakes work for less than 24 hours per week, this regulation shall not apply in respect of the partner’s earnings for that week.

(7) In paragraph (6) “maternity pay period” has the meaning it has in the Benefits Act by virtue of section 165(1) of that Act.

(8) Where the partner is again employed at the place of employment where the stoppage of work occurred, that employment shall not satisfy the work condition and no bonus shall be payable in consequence of it.