The Social Security (Unemployment, Sickness and Invalidity Benefit) Amendment No. 2 Regulations 1989

• Citation: S.I. 1989/1324
• Sections: 10

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Social Security (Unemployment, Sickness and Invalidity Benefit) Amendment No. 2 Regulations 1989 and shall come into force on 9th October 1989.

(2) In these Regulations “the principal Regulations ” means the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983 .

Section 2 Amendment of regulation 1 of the principal Regulations

In regulation 1(2) of the principal Regulations (interpretation)–

(a) after the definition of “determining authority” there shall be inserted the following definition–

“employment or training programme” means a course or programme of rehabilitation or training which is established pursuant to arrangements made by the Secretary of State under section 2(1) of the Employment and Training Act 1973 for the purpose of assisting persons to select, train for, obtain or retain employed earner’s employment;

(b) after the definition of “local authority” there shall be inserted the following definition–

“Outward Bound course” means any course or programme for personal development which is made available to persons who are not in employment by the charitable trust known as the Outward Bound Trust Limited;

(c) after the definition of “preserved board” there shall be inserted the following definition–

“training allowance” means a training allowance paid under the Employment and Training Act 1973;

Section 3 Insertion of regulation 6A in the principal Regulations

After regulation 6 of the principal Regulations (provisions relating to suspension of employment in employed earner’s employment) there shall be inserted the following regulation–

Requalification period

(6A)

(1) Where paragraph (2) applies to a person during one or more of the 26 weeks referred to in subsection (2) of section 18 which applies in his case, for the reference to 26 weeks in that subsection there shall be substituted a reference to the period prescribed under paragraph (3).

(2) This paragraph applies to a person in respect of any week if he does not work in employed earner’s employment for 16 hours or more and on at least one day in that week–

(a) he was a person entitled to receive sickness benefit, invalidity pension, maternity allowance, invalid care allowance or severe disablement allowance; or

(b) he was incapable of work for the purposes of section 14(1)(b) or treated as incapable of work by virtue of section 22(4); or

(c) he was a person entitled to receive statutory sick pay within the meaning of section 1(1) of the Social Security and Housing Benefits Act 1982 or statutory maternity pay within the meaning of section 46(1) of the Social Security Act 1986; or

(d) he was a person undergoing any employment or training programme for which a training allowance is payable.

(3) For the purposes of paragraph (1), the period shall be either–

(a) the period immediately preceding the day mentioned in section 18(2)(a) or (b) (as the case may be)–

(i) which includes the last 26 weeks (whether consecutive or not) in respect of which paragraph (2) did not apply to the person, and

(ii) which begins on the first day of those 26 weeks; or

(b) 78 weeks,

whichever is the shorter.

Section 4 Amendment of regulation 7 of the principal Regulations

In regulation 7 of the principal Regulations (days not to be treated as days of unemployment or incapacity for work)–

(a) in paragraph (1)–

(i) sub-paragraph (a) shall be omitted, and

(ii) the following sub-paragraph shall be substituted for sub-paragraph (d)–

(d) where in any case the employment of a person is terminated and he receives compensation, a day shall not be treated as a day of unemployment if it is a day–

(i) which falls within the ineligible period as defined in paragraph (5), and

(ii) which falls within the period of 52 weeks beginning with the day following the termination of the employment;

(b) after paragraph (4) there shall be added the following paragraphs–

(5) For the purposes of paragraph (1)(d), “the ineligible period” is the period which begins on the day following the termination of the employment and ends–

(a) in a case where the person who paid the compensation represents that it, or part of it, was paid in lieu of notice of termination of employment or on account of the early termination of a contract of employment for a term certain–

(i) on the due date, unless sub-paragraph (b) of this paragraph also applies; or

(ii) if that sub-paragraph does apply, on the date determined under it;

(b) in a case where the person who paid the compensation represents that it, or part of it, was paid in lieu of consultation under section 99 of the Employment Protection Act 1975 , on the later of–

(i) the day on which the consultation period under that section would have ended; and

(ii) where sub-paragraph (a) of this paragraph also applies, the due date or, where that sub-paragraph does not apply, the standard date; or

(c) in any other case, the standard date.

(6) In this regulation–

“compensation” means any payment made to or for a person in respect of the termination of the employment other than–

(a) any remuneration paid in respect of the period before the termination;

(b) any holiday pay;

(c) any payment not falling within paragraph (a) or (b) of this definition which is paid in respect of any emolument of the employment (whether in money or in kind) and which has accrued before the termination of the employment;

(d) any redundancy payment within the meaning of section 81(1) of the Employment Protection (Consolidation) Act 1978; and

(e) any refund of contributions to which he was entitled under an occupational pension scheme within the meaning of section 66(1) of the Pensions Act;

“due date”, in relation to the termination of a person’s employment, means whichever of the following dates is applicable in his case, that is to say–

the date on which any period of notice applicable to the person was due to expire or would have been due to expire if it had not been waived;

where he had a contract of employment for a term certain, the date on which it was due to expire;

and for the purpose of paragraph (a) of this definition “period of notice” means the period of notice of termination of employment to which a person is entitled by statute or by contract, whichever is the longer, or, if he is not entitled to such notice, that period of notice which is customary in the employment in question;

“the standard date” means the earlier of–

the due date; and

the last day of the period determined by–

dividing the amount of the compensation by the maximum weekly amount which, on the day following the day of termination of employment, is specified in paragraph 8(1)(c) of Schedule 14 to the Employment Protection (Consolidation) Act 1978 , and

treating the result (less any fraction of a whole number) as a number of weeks;

“week” means any period of 7 days (including a Sunday).

Section 5 Insertion of regulation 7B in the principal Regulations

After regulation 7A of the principal Regulations (days deemed to be days of entitlement to sickness benefit) there shall be inserted the following regulation–

Restrictions on availability for employment

(7B)

(1) Subject to paragraphs (2) to (5), a day shall not be treated as a day of unemployment in relation to a person if it falls within a week which includes one or more days in respect of which he imposes restrictions on the nature, hours, rate of remuneration, locality or other conditions of employment which he is prepared to accept.

(2) Paragraph (1) shall not apply if the person shows that he has a reasonable prospect of securing employment notwithstanding those restrictions.

(3) For the purposes of paragraph (2), in deciding whether a person has a reasonable prospect of securing employment regard shall be had, in particular, to the length of the period during which the person has been unemployed.

(4) Paragraph (1) shall not apply in relation to a day–

(a) where the restrictions would not prevent the person from having reasonable prospects of securing employment but for the existence of adverse industrial conditions, in the locality or localities concerned, which may reasonably be regarded as temporary; or

(b) where the restrictions are reasonable in view of the person’s physical or mental condition; or

(c) subject to paragraph (5), where the person who has imposed the restrictions has a usual occupation and those restrictions relate to it and are consistent with conditions which are usual in that occupation.

(5) Paragraph (4)(c) applies in relation to a person only for such period as may be determined in his case in accordance with paragraph (6); and any such period–

(a) shall begin on the first day for which he makes a claim for unemployment benefit since the last day on which he was in employment, or in vocational training in his usual occupation, or incapable of work; and

(b) shall end not more than 13 weeks after it begins.

(6) In determining the length of any period for the purposes of paragraph (5) regard shall be had to–

(a) the person’s usual occupation and any relevant skills and qualifications which he has acquired;

(b) the length of the periods during which the person has undergone training relevant to his usual occupation;

(c) the length of the periods during which the person has been employed in his usual occupation and the period since he was last so employed; and

(d) the availability and location of employment in his usual occupation.

Section 6 Insertion of regulations 12B to 12H in the principal Regulations

The following regulations shall be inserted after regulation 12A of the principal Regulations (persons deemed available where a doubt has arisen about availability)–

Steps to be taken by persons actively seeking employment

(12B)

(1) Subject to the following paragraphs of this regulation, the steps which a person is required to take in any week if he is to be regarded as actively seeking employment in that week shall be such of the steps which are reasonable in his case as offer him his best prospects of receiving offers of employment.

(2) In determining for the purposes of this regulation whether in any week a person has taken the steps which are reasonable in his case regard shall be had to all the circumstances of the case, including, in particular–

(a) his skills, qualifications, abilities and physical or mental limitations;

(b) the time which has elapsed since he was last in employment and his work experience;

(c) the steps which he has taken in previous weeks to seek employment;

(d) the availability and location of vacancies in employment;

(e) any time during which he was–

(i) engaged in activities mentioned in regulation 9 (lifeboatmen and firemen);

(ii) engaged, during an emergency, in the duties mentioned in regulation 10 (persons undertaking duties in an emergency);

(iii) undertaking voluntary work;

(iv) attending an Outward Bound course;

(v) participating in an employment or training programme for which a training allowance is not payable;

(vi) participating in any course of vocational training or study;

(vii) in the case of a blind person, participating in a course of training in the use of guide dogs;

(f) whether he has applied for, or accepted a place on, or participated in a course or programme the cost of which is met in whole or in part out of central funds or by the European Economic Community and the purpose of which is to assist persons to select, train for, obtain and retain employment or self-employed earner’s employment; and

(g) where he had no living accommodation in that week the fact that he had no such accommodation and the steps which he needed to take and has in fact taken to seek such accomodation.

(3) For the purposes of this regulation the taking of one step on a single occasion during a week shall not be sufficient unless taking that step on that occasion is all that it is reasonable for the person in question to do in that week.

(4) For the purposes of this regulation “steps” include–

(a) oral or written applications (or both) for employment made to persons–

(i) who have advertised the availability of employment; or

(ii) who appear to be in a position to offer employment;

(b) seeking information on the availability of employment from–

(i) advertisements;

(ii) persons who have placed advertisements which indicate the availability of employment;

(iii) employment agencies and employment businesses;

(iv) employers;

(c) registration with an employment agency or employment business;

(d) appointment of a third party to assist the person in question in finding employment.

(5) In this regulation–

“employment” means employed earner’s employment except in the expressions “self-employed earner’s employment”, “employment agency” and “employment business”;

“employment agency” and “employment business” mean an employment agency or (as the case may be) employment business, within the meaning of the Employment Agencies Act 1973 , in respect of which a person holds a current licence within the meaning of that Act.

Meaning of week

(12C)

(1) For the purposes of section 17(1)(a)(i) (requirement to seek work actively) “week”, in the case of any person, means–

(a) except where sub-paragraph (b) of this paragraph applies, each of the successive periods which begin immediately after a relevant day and end with the next relevant day in the period of interruption of employment in question;

(b) where the Secretary of State has directed the person to attend at an unemployment benefit office on more than one day in any period of 7 days for the purpose of claiming unemployment benefit, each of the periods of 7 days (whether overlapping or not) which end with the last day to which each successive claim relates.

(2) Subject to paragraph (4), for the purposes of paragraph (1)(a)–

(a) the first relevant day in relation to a period of interruption of employment shall be the day immediately preceding the first day in that period for which the person in question claims unemployment benefit; and

(b) the last relevant day in relation to a period of interruption of employment shall be the last day of that period.

(3) Subject to paragraph (4), for the purposes of paragraph (1)(a)–

(a) if the Secretary of State has given written notice to the person in question to attend at an unemployment benefit office on a particular week-day then in each period of 7 days during the currency of the notice that week-day shall be a relevant day in his case;

(b) if the Secretary of State has directed the person in question to attend at an unemployment benefit office for the purpose of claiming unemployment benefit on a day which falls after the last day to which that claim relates, that last day shall be a relevant day in his case;

(c) in any case not falling within sub-paragraph (a) or (b) of this paragraph, in each period of 7 days the week-day which corresponds to the preceding relevant day shall be a relevant day in his case.

(4) Where, in the application of paragraph (2) or (3), two or more relevant days would fall within any period of 7 days during the period of interruption of employment, all but the later or latest of those days shall be disregarded.

(5) For the purposes of paragraphs (1)(b) and (3)(b) “directed” means directed by a direction to which regulation 8 (attendance in person at an unemployment benefit office) of the Social Security (Claims and Payments) Regulations 1987 refers and for the purposes of paragraph (3)(a), “written notice” means any notice in writing to which paragraph 1 of Schedule 5 (variation of prescribed times for claiming unemployment benefit) to those Regulations refers.

Persons deemed to be actively seeking employment

(12D)

(1) A person shall be deemed to be actively seeking employment in respect of–

(a) the week which includes the first day for which a claim for unemployment benefit is made since that person was last–

(i) in employment, or

(ii) participating in an employment or training programme for which a training allowance is payable,

for a period of not less than 6 consecutive days (disregarding Sundays);

(b) the week which includes the last day of unemployment in any spell of unemployment;

(c) subject to paragraph (2), weeks in respect of which he has given written notice to the Secretary of State that–

(i) he does not intend to be actively seeking employment, but

(ii) he does intend to reside at a place other than his usual place of residence for at least one day;

(d) any week during which he is deemed available for employed earner’s employment for not less than 3 days under either regulation 9 (lifeboatmen and firemen) or regulation 10 (persons undertaking duties in an emergency);

(e) any week during which he is participating for not less than 3 days in an employment or training programme for which a training allowance is not payable unless that week falls immediately after a period of 5 consecutive weeks during which he has been participating in such a programme;

(f) any week in a single period not exceeding 8 weeks during which a person is taking active steps to establish himself in employment as a self-employed earner under any scheme for assisting claimants to become self-employed earners established pursuant to arrangements made by the Secretary of State under section 2 of the Employment and Training Act 1973 ; and, where the scheme requires claimants to attend a meeting before they can apply to participate under it, the period shall begin with the week in which he attends such a meeting.

(2) In any period of 12 months a person shall be deemed to be actively seeking employment under paragraph (1)(c) only for the number of weeks specified in one of the following sub-paragraphs–

(a) a maximum of 2 weeks, whether consecutive or not; or

(b) a maximum of 3 weeks, whether consecutive or not, during which he is attending for at least 3 days in each such week an Outward Bound course; or

(c) if he is a blind person, a maximum of 4 weeks, whether consecutive or not, during which he is participating for at least 3 days in each such week in a course of training in the use of guide dogs.

(3) In this regulation–

“spell of unemployment” means any period of one or more days on which a person is unemployed; and any two or more such periods not separated by a period of more than 3 consecutive days which in relation to that person are not days of unemployment shall be treated as one spell of unemployment;

“week” shall have the same meaning as in regulation 12C.

Matters to be taken into account in determining good cause

(12E)

(1) This regulation shall have effect for the purposes of section 20(1) (disqualification for unemployment benefit).

(2) Subject to paragraphs (3) to (5), in determining whether a person does or does not have good cause for any act or omission for the purposes of subsection (1) (b) to (g) of that section the matters which are to be taken into account shall include the following–

(a) any condition or personal circumstance of that person which indicates that a particular employment, official recommendation or course of training would be likely to or did–

(i) cause serious harm to his health; or

(ii) subject him to excessive physical or mental stress;

(b) any religious or conscientious objection, sincerely held by the person, to his undertaking a particular employment, or following a particular official recommendation or participating in a particular course of training;

(c) any responsibility for the care of another member of his household which would, or did, make it unreasonable for the person to undertake a particular employment, follow a particular official recommendation or participate in a particular course of training;

(d) the time it took, or would normally take, for the person to travel from his home to the place of the employment or training and back to his home by a route and means appropriate to his circumstances and to the employment or training;

(e) the expenses which were, or would be, necessarily and exclusively, incurred by the person for the purposes of the employment or training, together with any expenses of travelling to and from the place of the employment or training by a route and means appropriate to his circumstances, if those expenses did, or would, represent an unreasonably high proportion of–

(i) in the case of employment, the remuneration which it is reasonable to expect that he would derive from that employment; or

(ii) in the case of training, the income which he received, or would receive, from participation in that training.

(3) For the purposes of paragraph (2)(e), in considering whether expenses did, or would, represent an unreasonably high proportion of remuneration or income, the principle shall apply that the greater the level of remuneration or income the higher the proportion thereof which it is reasonable should be represented by expenses.

(4) Subject to paragraphs (5) and (6), a person is not to be regarded as having good cause for any act or omission for the purposes of subsection (1)(b) to (g) of section 20 if, and to the extent that, the reason for that act or omission relates to–

(a) his income or outgoings or the income or outgoings of any other member of his household, or the income or outgoings which he or any other member of his household would have if he were to become employed or to participate in training, or did have whilst participating in training; but for the purposes of this sub-paragraph a person’s outgoings shall not include any expenses taken into account under paragraph (2)(e);

(b) the time it took, or would normally take, for the person to travel from his home to the place of the employment, or the place of the training, and back to his home where that time was or is normally less than one hour either way by a route and means appropriate to his circumstances and to the employment, or training, unless, in view of the health of the person or any responsibility for the care of another member of his household, that time was or is unreasonable.

(5) Where a person has undergone training for a particular kind of employment for a period of not less than 2 months, for the purposes of subsection (1)(b) to (d) of section 20, a person is to be regarded as having good cause for a period of 4 weeks following the last day of the week in which the training ends for–

(a) refusing or failing to apply for, or refusing to accept, employment of any other kind when offered to him;

(b) neglecting to avail himself of a reasonable opportunity of employment of any other kind;

(c) refusing or failing to carry out an official recommendation given to him with a view to assisting him to find employment of any other kind.

(6) Where a person has been notified by an agency, or by or on behalf of an employer, of a situation in any employment which is or is about to become vacant, that person shall be regarded–

(a) for the purposes of paragraph (b) of section 20(1) as having good cause for refusing or failing to apply for, or for refusing to accept, that situation, and

(b) accordingly, for the purposes of paragraph (c) of that provision, as having good cause for neglecting to avail himself of that opportunity of employment,

unless one of the conditions specified in paragraph (7) is satisfied.

(7) The conditions referred to in paragraph (6) are–

(a) that the situation has also been notified to the person in question by the Secretary of State;

(b) that the situation is a qualifying former employment of that person.

(8) For the purposes of paragraph (7)(b) a situation is a qualifying former employment of any person if–

(a) it is a situation offered by an employer for whom he has previously worked or by an employer who has succeeded that employer;

(b) he has a right to return to work for the former employer (or any successor of his);

(c) not more than one year has elapsed between–

(i) the date when he last worked for that employer; and

(ii) the date when the question under section 20(1)(b) or (c) arises; and

(d) the terms and conditions of employment in the situation are not less favourable than those in the situation which he held when he last worked for that employer.

(9) In this regulation–

(a) “agency” means any agency referred to in the definition of “properly notified” in section 20(5), other than the Secretary of State;

(b) except in paragraph (5), “training” means training under an approved training scheme.

Permitted period

(12F)

(1) For the purposes of section 20A(3) (exemptions from disqualification for unemployment benefit), the permitted period shall not be less than a period of 7 days (including a Sunday) and any such period–

(a) shall begin on the first day for which a person makes a claim for unemployment benefit since the last day on which he was in employment, or in vocational training in his usual occupation, or incapable of work; and

(b) shall end not more than 13 weeks after it begins.

(2) In determining the permitted period in any case, regard shall be had to–

(a) the person’s usual occupation and any relevant skills and qualifications which he has acquired;

(b) the length of the periods during which the person has undergone training relevant to his usual occupation;

(c) the length of the periods during which the person has been employed in his usual occupation and the period since he was last so employed;

(d) the consideration that the more skilled the usual occupation and the greater the extent to which the skills in that occupation have been exercised recently, the longer the permitted period;

(e) the availability and location of employment in his usual occupation;

(f) any determination made under regulation 7B (restrictions on availability for employment).

Trial periods

(12G)

(1) A person shall be of a prescribed description for the purposes of section 20A(2) (exemption from disqualification for unemployment benefit) and shall not be disqualified under the provisions mentioned in that subsection if he has neither worked in employed earner’s employment, nor has been a self-employed earner, nor been in full-time education, during the period of 26 weeks preceding the day of the commencement of the employment.

(2) For the purposes of the definition of “trial period” in section 20A(3)–

(a) the day on which the person’s employment is to be regarded as commencing shall be the Sunday of the week in which the person enters the employment;

(b) in determining the time at which the sixth or twelfth weeks of a trial period ends any week in which a person has not worked in the employment for at least 16 hours shall be disregarded.

Meaning of employment

(12H) For the purposes of section 20(1)(b) and (c) “employment” means employment in which a person is employed for 24 or more hours per week.

Section 7 Amendment of regulation 16 of the principal Regulations

In regulation 16 of the principal Regulations (special provisions relating to delay or failure in making or prosecuting a claim), for the words from “but subject to section 79(4)” to the end there shall be substituted the following words, “be treated as having been entitled to benefit for that day except where he satisfies the adjudication officer that he did not intend, by that delay or failure, to avoid the necessity of requalifying for benefit.”.

Section 8 Omission of regulation 21 of the principal Regulations

Regulation 21 of the principal Regulations (additional condition with respect to the receipt of unemployment benefit by seasonal workers) shall be omitted.

Section 9 Amendment of regulation 23 of the principal Regulations

In regulation 23 of the principal Regulations (interpretation), in the definition of “pension payments” for the words “occupational pension” there shall be substituted the words “occupational or personal pension”.

Section 10 Amendment of regulation 25 of the principal Regulations

In regulation 25 of the principal Regulations (disregard of pension payments on account of redundancy)–

(a) in paragraph (1)(b), after the words “occupational pension scheme” there shall be inserted the words “or personal pension scheme”;

(b) after paragraph (2) there shall be inserted the following paragraph–

(3) In this regulation “personal pension scheme” means any personal pension scheme within the meaning of paragraph (c) or (e) of the definition of “payments by way of occupational or personal pension” in section 5(3) of the 1980 Act and any contract or trust, other than an occupational pension scheme, which falls within paragraph (d) of that definition.