The Jobseeker’s Allowance Regulations 1996

Short periods of sickness

55.—(1) Subject to the following provisions of this regulation, a person who–

(a) [F1 has been awarded a jobseeker’s allowance] or is a person to whom any of the circumstances mentioned in section 19(5) or (6) [F2 or 20A(2)] apply; and

(b) proves to the satisfaction of [F3 the Secretary of State] that he is unable to work on account of some specific disease or disablement; and

(c) but for his disease or disablement, [F4 would satisfy] the requirements for entitlement to a jobseeker’s allowance other than those specified in section 1(2)(a), (c) and (f) (available for and actively seeking employment, and capable of work [F5 or not having limited capability for work]),

shall be treated for a period of not more than 2 weeks as capable of work [F6 or as not having limited capability for work], except where the claimant states in writing that for the period of his disease or disablement he proposes to claim or has claimed incapacity benefit[F7 , employment and support allowance,] severe disablement allowance or income support.

(2) The evidence which is required for the purposes of paragraph (1)(b) is a declaration made by the claimant in writing, in a form approved for the purposes by the Secretary of State, that he has been unfit for work from a date or for a period specified in the declaration.

(3) The preceding provisions of this regulation shall not apply to a claimant on more than two occasions in any one jobseeking period or where a jobseeking period exceeds 12 months, in each successive 12 months within that period and for the purposes of calculating any period of 12 months, the first 12 months in the jobseeking period commences on the first day of the jobseeking period.

(4) The preceding provisions of this regulation shall not apply to any person where the first day in respect of which he is unable to work falls within [F8 12 weeks of an entitlement of his to employment and support allowance or] 8 weeks of—

(a) an entitlement of his to incapacity benefit, severe disablement allowance or statutory sick pay; or

(b) an entitlement to income support where the person claiming a jobseeker’s allowance satisfied the requirements for a disability premium by virtue of paragraph 12(1)(b) of Schedule 2 to the Income Support Regulations.

[F9 (5) The preceding provisions of this regulation shall not apply to a claimant who is temporarily absent from Great Britain in the circumstances prescribed by regulation 50(6AA) or, as the case may be, (6C).]

Textual Amendments

F1 Words in reg. 55(1)(a) substituted (7.10.1996) by The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 17(2)

F2 Words in reg. 55(1) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 17

F3 Words in reg. 55(1)(b) substituted (18.10.1999) by The Social Security Act 1998 (Commencement No. 11, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/2860), art. 3(1), Sch. 12 para. 2

F4 Words in reg. 55(1)(c) substituted (7.10.1996) by The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 17(3)

F5 Words in reg. 55(1)(c) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(9)(a)(i)

F6 Words in reg. 55(1) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(9)(a)(ii)

F7 Words in reg. 55(1) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(9)(a)(iii)

F8 Words in reg. 55(4) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(9)(b)

F9 Reg. 55(5) added (4.10.2004) by The Social Security (Income Support and Jobseeker’s Allowance) Amendment Regulations 2004 (S.I. 2004/1869), regs. 1, 3(5)