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

• Citation: S.I. 2015/389
• Sections: 5

Section 1 Citation and commencement

These Regulations may be cited as the Social Security (Members of the Reserve Forces) (Amendment) Regulations 2015 and come into force on 6th April 2015.

Section 2 Amendment of the Income Support (General) Regulations 1987

(1) The Income Support (General) Regulations 1987 are amended as follows.

(2) In regulation 2(1) (interpretation), after the definition of “enactment” insert-

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

(3) For regulation 29(2C) (calculation of earnings derived from employed earner’s employment and income other than earnings) 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 of time which is equal to the number of days 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

(4) In Schedule 8 (sums to be disregarded in the calculation of earnings) —

(a) in paragraph 7(1)(d), omit the words “territorial or”; and

(b) in paragraph 15A—

(i) in sub-paragraph (2), omit the words “territorial or”; and

(ii) at the end of sub-paragraph (2), 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.

Section 3 Amendment of the Jobseeker’s Allowance Regulations 1996

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

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

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

(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) ;

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

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

Section 4 Amendment of the Employment and Support Allowance Regulations 2008

(1) The Employment and Support Allowance Regulations 2008 are amended as follows.

(2) In regulation 2(1) (interpretation), after the definition of “First-tier tribunal ” insert—

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

(3) For regulation 91(4A) (calculation of earnings derived from employed earner’s employment and income other than earnings) substitute —

(4A)

(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

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

(a) in paragraph 11A—

(i) in sub-paragraph (2), omit the words “territorial or”; and

(ii) at the end of sub-paragraph (2), 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.

(b) in paragraph 12(a), omit the words “territorial or”.

(5) In regulation 43(1)(e)(vi), omit the words “territorial or”.

Section 5 Amendment of the Jobseeker’s Allowance Regulations 2013

(1) The Jobseeker’s Allowance Regulations 2013 are amended as follows.

(2) In regulation 2(2) (general interpretation), after the definition of “earnings” insert—

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

(3) For regulation 54(3) (calculation of earnings derived from employed earner’s employment) substitute—

(3)

(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 Social Security (Contributions) Regulations 2001—

(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

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

(a) in paragraph 6, omit the words “territorial or”; and

(b) in paragraph 12—

(i) in sub-paragraph(2), omit the words “territorial or”; and

(ii) at the end of sub-paragraph (2), 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.

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

(a) regulation 41(6)(a); and

(b) regulation 44(1)(c)(v).