The Jobseeker’s Allowance (Transitional Provisions) Regulations 1996

Further provisions applying to a continuing entitlement to a Jobseeker’s Allowance

9.—(1) A person’s continuing entitlement to a jobseeker’s allowance shall be subject to the following provisions of this regulation where an award of jobseeker’s allowance—

(a) is made on a claim treated as made for that benefit in accordance with regulation 5; or

(b) has effect in accordance with regulation 7.

(2) A claimant is required to satisfy—

(a) the conditions of entitlement set out in section 1(2)(a) to (c) on a weekly basis; and

(b) the other conditions for entitlement to a contribution-based jobseeker’s allowance other than those specified in sections 1(2)(e) and 2(1)(c), for each day of the week except Sunday or, where in a particular case another day was substituted for Sunday under regulation 4 of the Unemployment Benefit Regulations(1) as in force on 6th October 1996, except that day of the week.

(3) Paragraph (4) applies—

(a) as from the first day in the benefit week which in a particular case immediately follows the benefit week which includes 6th April 1997 except in the case of a person whose transitionally protected period ended before that date; or

(b) as from the first day in an award of a jobseeker’s allowance where the claimant satisfied the requirements of section 2 and where—

(i) that day forms part of a jobseeking period separated by more than 8 weeks but less than 12 weeks from the last day of the transitionally protected period, or where there is no such day, the relevant day if unemployment benefit was payable in respect of that day;

(ii) that day forms part of a jobseeking period which is separated by not more than 12 weeks from a period of interruption of employment; or

(iii) the tax years which in accordance with section 2, are to be satisfied for entitlement to a contribution-based jobseeker’s allowance to arise are the same tax years as those by reference to which entitlement to unemployment benefit arose on a claim made by the claimant in respect of a day before 7th October 1996.

(4) Where this paragraph applies the number of days which are to be aggregated for the purposes of section 5(1) shall be determined in accordance with the formula—

where—

• A=the number of days entitlement to unemployment benefit in any period of interruption of employment to which paragraph (3) refers;

• B=the number of days entitlement to a contribution-based jobseeker’s allowance falling within the transitionally protected period.

(5) Any fraction produced by applying the formula set out in paragraph (4) shall be disregarded.

(6) Paragraphs (4) and (5) shall apply to a claimant to whom a jobseeker’s allowance is awarded other than in accordance with regulation 5 or 7 where—

(a) the first day of that award forms part of a jobseeking period which is separated by not more than 12 weeks from a period of interruption of employment; or

(b) the tax years which in accordance with section 2 are to be satisfied for entitlement to a contribution-based jobseeker’s allowance to arise are the same tax years as those by reference to which entitlement to unemployment benefit arose on a claim made by the claimant in respect of a day before 7th October 1996.

(1)

Regulation 4 was amended by S.I. 1995/829.