The Social Security (Members of the Reserve Forces) (Amendment) Regulations 2015

Amendment of the Jobseeker’s Allowance Regulations 1996

3.—(1) The Jobseeker’s Allowance Regulations 1996(1) are amended as follows.

(2) In regulation 1(3) (citation, commencement, interpretation and application), after the definition of “enactment”(2) insert—

““first year of training” means a period of one year beginning with a person’s first day of training.”

(3) In regulation 14(1) (circumstances in which a person is to be treated as available)(3), for sub- paragraph (v), substitute—

“(v) if he is a member of a reserve force prescribed in Part 1 of Schedule 6 to the Contributions Regulations(4), either—

(i) if he is engaged in his first year of training, for a maximum of 43 days in that year; or

(ii) if he is engaged in annual continuous training, for a maximum of 15 days in any calendar year.”.

(4) In regulation 19(1) (circumstances in which a person is to be treated as actively seeking employment)(5), for sub-paragraph (y), substitute—

“(y) in any week during which he is engaged for not less than 3 days in training as a member of a reserve force prescribed in Part 1 of Schedule 6 to the Contributions Regulations, either—

(i) if he is engaged in his first year of training, for a maximum of 43 days in that year; or

(ii) if he is engaged in annual continuous training, for a maximum of 15 days in any calendar year.”.

(5) For regulation 94(2C) (calculation of earnings derived from employed earner’s employment and income other than earnings)(6) substitute—

“(2C) (a) This paragraph applies where earnings are derived by a claimant as a member of a reserve force prescribed in Part 1 of Schedule 6 to the Contributions Regulations—

(i) in respect of a period of annual continuous training for a maximum of 15 days in any calendar year; or

(ii) in respect of training in the claimant’s first year of training as a member of a reserve force for a maximum of 43 days in that year.

(b) Earnings, whether paid to the claimant alone or together with other earnings derived from the same source, are to be taken into account—

(i) in the case of a period of training which lasts for the number of days listed in column 1 of the table in sub-paragraph (c), over a period of time which is equal to the number of days set out in the corresponding row in column 2 of that table; or

(ii) in any other case, over a period which is equal to the duration of the training period.

(c) This is the table referred to in sub-paragraph (b)(i)—

Column 1 Period of training in days	Column 2 Period of time over which earnings are to be taken into account in days
8 to 10	7
15 to 17	14
22 to 24	21
29 to 31	28
36 to 38	35
43	42”

(6) In Schedule 6 (sums to be disregarded in the calculation of earnings)(7)—

(a) in paragraph 9(1)(d), omit the words “territorial or”; and

(b) in paragraph 19—

(i) in sub-paragraph (3), omit the words “territorial or”; and

(ii) at the end of sub-paragraph (3), omit the full stop and insert—

“or in respect of training in the claimant’s first year of training as a member of a reserve force for a maximum of 43 days in that year.”.

(7) In each of the following provisions, omit the words “territorial or”—

(a) regulation 18(3)(f)(v)(8);

(b) regulation 50(6D)(a)(9); and

(c) regulation 53(d)(iv)(10).

(1)

S.I. 1996/207

(2)

The definition of enactment was inserted by S.I. 2009/2655. Regulation 1(3) has been amended in other ways not relevant to these Regulations.

(3)

Regulation 14(1) has been amended by S.I. 1997/563, S.I. 2008/1826 and S.I. 2006/1402. Sub-paragraph (v) was inserted by S.I. 2012/1616. Regulation 14(1) has been amended in other ways not relevant to these Regulations.

(4)

S.I. 2001/1004.

(5)

Regulation 19(1) was amended by S.I. 2006/1402. Sub-paragraph (y) was inserted by S.I. 2012/1616. Regulation 19(1) has been amended in other ways not relevant to these Regulations.

(6)

Regulation 94(2C) was inserted by S.I. 2012/1616 and amended by S.I. 2012/2575.

(7)

Schedule 6 was amended by S.I. 2006/2378. It has been amended in other ways not relevant to these Regulations.

(8)

Regulation 18 was amended by S.I. 2006/2378. It has been amended in other ways not relevant to these Regulations.

(9)

Regulation 50(6D) was inserted by S.I. 2012/2575.

(10)

Regulation 50 was amended by S.I. 2006/2378. It has been amended in other ways not relevant to these Regulations.