- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
39.—(1) For the purposes of the Act, two or more jobseeking periods must be treated as one jobseeking period where they are separated by a period comprising only—
(a)any period of not more than 12 weeks;
(b)a linked period;
(c)any period of not more than 12 weeks falling between—
(i)any two linked periods; or
(ii)a jobseeking period and a linked period; or
(d)a period in respect of which the claimant is summoned for jury service and is required to attend court.
(2) Linked periods for the purposes of the Act are any of the following periods—
(a)to the extent specified in paragraph (4), any period throughout which the claimant is entitled to a carer’s allowance under section 70 of the Benefits Act(1);
(b)any period throughout which the claimant is incapable of work, or is treated as incapable of work, in accordance with Part 12A of the Benefits Act(2);
(c)any period throughout which the claimant has, or is treated as having, limited capability for work for the purposes of Part 1 of the Welfare Reform Act 2007;
(d)any period throughout which the claimant was entitled to a maternity allowance under section 35 of the Benefits Act(3);
(e)any period throughout which the claimant was engaged in training for which a training allowance is payable;
(f)a period which includes 6th October 1996 during which the claimant attends court in response to a summons for jury service and which was immediately preceded by a period of entitlement to unemployment benefit.
(3) A period is a linked period for the purposes of section 2(4)(b)(ii) of the Act only where it ends within 12 weeks or less of the commencement of a jobseeking period or of some other linked period.
(4) A period of entitlement to carer’s allowance is a linked period only where it enables the claimant to satisfy contribution conditions for entitlement to a jobseeker’s allowance which the claimant would otherwise be unable to satisfy.
Part 12A was inserted by section 5 of the Social Security (Incapacity for Work) Act 1994.
Section 35 was amended by section 67 of the Social Security Act 1998, section 4(2) of the Still-Birth (Definition) Act 1992 (c.29), section 53 of the Welfare Reform and Pensions Act 1999, paragraph 4 of Schedule 7 to the Employment Act 2002 (c.22), paragraph 6 of Schedule 1 to the Work and Families Act 2006, section 63 of the Welfare Reform Act 2012 and S.I. 1994/1230.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: