The Jobseeker’s Allowance (Transitional Provisions) Regulations 1996

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Jobseeker’s Allowance (Transitional Provisions) Regulations 1996 and shall come into force on 4th November 1996.

(2) In these Regulations—

“the Act” means the Jobseekers Act 1995;

“benefit week”—

(a)

where the benefit is income support, has the meaning it has in the Income Support Regulations by virtue of regulation 2(1) of those Regulations;

(b)

where the benefit is unemployment benefit, means a period of 7 days ending on the day corresponding to the particular day specified in a written notice last given him by the Secretary of State for the purpose of claiming unemployment benefit;

(c)

where the benefit is a jobseeker’s allowance, has the same meaning it has in the Jobseeker’s Allowance Regulations by virtue of regulation 1(3) of those Regulations(1);

“Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations 1987(2);

“day of unemployment” means a day which would, for the purposes of section 25A of the Benefits Act as in force on 6th October 1996(3), be treated as a day of unemployment;

“the Income Support Regulations” means the Income Support (General) Regulations 1987(4);

“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996(5);

“jobseeking period” has the meaning specified in regulation 2;

“period of interruption of employment” in relation to unemployment benefit has the same meaning in these Regulations as it had in the Benefits Act by virtue of section 25A of that Act as in force on 6th October 1996;

“the relevant day” means—

(a)

in relation to income support, 6th October 1996; and

(b)

in relation to unemployment benefit—

(i)

except in a case to which head (ii) applies, 5th October 1996; or

(ii)

where in any particular case 6th October 1996 is a day of unemployment, that day;

“training” means training for which a training allowance is payable;

“training allowance” means an allowance (whether by way of periodical grants or otherwise) payable—

(a)

out of public funds by a Government department or by or on behalf of the Secretary of State for Education and Employment, Scottish Enterprise or Highlands and Islands Enterprise; and

(b)

to a person for his maintenance or in respect of a member of his family; and

(c)

for the period, or part of the period, during which he is following a course of training or instruction provided by, or in pursuance of arrangements made with, that department or approved by or on behalf of the Secretary of State for Education and Employment, Scottish Enterprise or Highlands and Islands Enterprise,

but it does not include an allowance paid by any Government department to or in respect of a person by reason of the fact that he is following a course of full-time education, other than under arrangements made under section 2 of the Employment and Training Act 1973(6), or section 2 of the Enterprise and New Towns (Scotland) Act 1990(7) or is training as a teacher;

“transitionally protected period” means the period specified in regulation 10;

“the Unemployment Benefit Regulations” means the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983(8).

(3) In these Regulations, unless the context otherwise requires a reference—

(a) to a numbered section is to the section of the Act bearing that number;

(b) to a numbered regulation is to the regulation in these Regulations bearing that number;

(c) in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number;

(d) in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.

(4) For the avoidance of doubt, a person complies with any requirement or provision of these Regulations if he is treated as complying with that requirement or provision.

(1)

S.I. 1996/207; regulation 1(3) was amended by S.I. 1996/1517.

(2)

S.I. 1987/1968.

(3)

Section 25A was inserted by the Social Security (Incapacity for Work) Act 1994 (c. 18), section 11(1), Schedule 1, paragraph 5.

(4)

S.I. 1987/1967.

(5)

S.I. 1996/207.

(6)

1973 c. 50.

(7)

1990 c. 35.

(8)

S.I. 1983/1598; the relevant amending instrument is S.I. 1989/2122.