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Chapter R1: JSPs & JSA contribution conditions

Contents
Jobseeking periods
R1001:Introduction
R1008:Which days are part of a jobseeking period
R1010:Linking with periods of interruption of employment
R1018:Days which are not part of a jobseeking period
R1021:Linking periods
R1022:Linking - calculation of eight and twelve week periods
R1027:Linked periods
R1036:CA
R1044:Claimants approaching retirement

Claimants who are incapable of work or have limited capability for workR (10)47
R1048:Claimant who work

JSA contribution conditions
Definitions
R1051:Benefit year
R1052:Class 2 contributions and volunteer development workers
R1053:Relevant benefit year
R1054:Special Class 2 contributions
R1055:Tax year
R1060:General
R1061:HM Revenue and Customs questions
R1062:What the DM decides
R1063:Reference to HMRC
First contribution condition
R1067:General
R1068:Share fishermen
R1069:Volunteer development workers
R1070:Determining relevant earnings
Relaxation of the first contribution condition
R1072:Spouses and civil partners of service personnel

Second contribution condition
R1074:General
R1075:Share fishermen
R1076:Volunteer development workers
R1077:Earnings at or below LEL
R1081:Prescribed amount of earnings
R1083:Late payment of contributions
Duration of JSA
R1088:Maximum entitlement
R1090:More than one period of entitlement to JSA
R1096:Days that count as days of entitlement to JSA
R1105:Claimants who have had their full entitlement of JSA
R1109:Arrears of JSA or UB due; JSA overpaid
R1110:Arrears of JSA due - claimant had full entitlement of JSA
R1112:Arrears of UB due - claimant had full entitlement of JSA
R1114:JSA overpaid
Lower earnings limit............................................................................ Appendix 1
Linking with periods of interruption of employment ............................ Appendix 2

Chapter R1: JSPs & JSA contribution conditions

Jobseeking periods

R1001 Introduction

To determine waiting days (1) and whether the contribution conditions are satisfied the
DM has to determine whether the claimant's current claim to JSA starts a new JSP,
or whether it can link with a former JSP.

1 JS Act 95, Sch 1, para 4; JSA Regs 13, reg 36

R1002

The DM will need to determine
1. which days are part of a JSP (1) (see R1008 - R1018) and :
2.
whether separate JSPs can be treated as one JSP (linking periods)2 (see R1021 - R1036).
1 JS Act 95, s 35(1); JSA Regs 13, reg 37; 2 JS Act 95, Sch 1, para 3; JSA Regs 13, reg 39

[R1003-R1007]

R1008 Which days are part of a jobseeking period R1002 R1045 R1047 R1048 R1048 S8053

Days will be part of a JSP if they are days on which the claimant satisfies, or is
treated as satisfying, all the following conditions (1) :
1.
has accepted a claimant commitment (2) :
2.
not being in remunerative work (3) :
3.
does not have LCW (4) :
4.
not receiving relevant education (5) :
5.
being under pension age (6) :
6.
being in GB (7) (see ADM Chapter C3).
Waiting days are part of a JSP.
1 JSA Regs 13, reg 37(1); 2 JS Act 95, s 1(2)(b); 3 s 1(2)(e); 4 s 1(2)(f); 5 s 1(2)(g); 6 s 1(2)(h); 7 s 1(2)(i)

R1009

R1010 Linking with periods of interruption of employment

There may be cases where a claimant's JSP may link with a period of interruption of
employment (PIE). Appendix 2 to this chapter provides guidance on this.

[R1011-R1017]

R1018 Days which are not part of a jobseeking period R1002

Days will not be part of a JSP if they are
1. days for which no claim for JSA has been made or treated as made (1) or :
2.
days that are before the day on which a claim for JSA was made or treated as
made (2) or :
3.
days for which the claimant is not entitled to JSA because they are more than
twelve months before the date on which the claim to JSA was made or
treated as made (3) or :
4.
in any week (Sunday to Saturday) for which a claimant is not entitled to JSA
because of a TD (4) or :
5.
any days falling on or after 6.9.99 for which a claimant is not entitled to JSA
under certain legisation (5) because the required information or evidence about
an NI number is not provided (6).
1 JSA Regs 13, reg 37(2)(a); 2 reg 37(2)(b); 3 reg 37(2)(c); SS A Act 92, s 1(2)(b) & 1(4)(aa);
4 reg 37(2)(d); JS Act 95, s 14; 5 SS A Act 92, s 1(1A); 6 JSA Regs 13, reg 37(2)(e).

[R1019-R1020]

R1021 Linking periods R1002 R1023 R1118

Two or more JSPs are treated as one JSP where they are separated only by (1) :
1.
twelve weeks or less or :
2.
one linked period (see R1027 - R1036) or more than one linked period where
one follows immediately after the other or :
3.
any linked periods that are separated by a period of twelve weeks or less or :
4.
linked periods immediately followed by a period of twelve weeks or less or :
5.
linked periods immediately preceded by a period of twelve weeks or less or :
6.
any combination of 3., 4. and 5. or :
7.
one or more periods for which the claimant has been called to serve on a jury
and is required to attend court. But such periods should follow immediately
one after the other.
Week means a period of seven days (2).
1 JSA Regs 13, reg 39(1); 2 reg 2(2)

Example 1

Ruby claims JSA for four weeks, then does jury service for four weeks. Ruby waits
for ten weeks before claiming JSA again. The current JSP will not link with the four
week JSP.

Example 2

JSA
(2
years)
Training (Linked period)
(1 year)
Gap
(1
week)
ESA (Linked period)
(20 weeks)
Gap
(1
week)
MA (Linked period)
(18 weeks)
JSA
The two periods of JSA link and can be treated as one JSP as they are separated
by linked periods that are separated by a period of twelve weeks or less (see R1021
3.).

Example 3

JSA
(2
months) Gap
(2 days) JSA
(6 months) ESA (Linked period)
(13 weeks) JSA
(4 months) ESA (Linked period)
(20 weeks) JSA All the periods on JSA link and are treated as one JSP. Example 4
JSA
(2 years) ESA (Linked period)
(14 weeks) Training (Linked period)
(6 months) JSA The two periods of JSA link and can be treated as one JSP. They are separated by two linked periods which follow immediately one after the other (see R1021 2.). Example 5
JSA
(1 year) ESA (Linked period)
(13 weeks) Gap
(10 weeks) Training (Linked period)
(3 months)
Gap
(2
days)
JSA
The two periods on JSA link and can be treated as one JSP. They are separated by
linked periods that are separated by a period of twelve weeks or less (see R1021 3.)
and by a linked period immediately followed by a period of twelve weeks or less
(see R1021 4. and R1021 5.).

R1022 Linking - calculation of eight and twelve week periods R1053

When calculating whether PIEs or linked periods fall within eight weeks (56
consecutive days) or twelve weeks (84 consecutive days) of the start of a JSP or
linked period (see Appendix 2 and R1053), DMs should disregard the first day of the
JSP or later linked period.

Example

Last day of PIE
= 18.7.96 First day of current JSP
= 10.10.96 18.7.96 is within the twelve weeks (84 days) (18.7.96 - 9.10.96) before the start of
the JSP. The DM does not include 10.10.96 in this calculation. The PIE and the JSP
are treated as one JSP.

R1023

To calculate whether linked periods or JSPs are separated by twelve weeks (84
consecutive days) (see R1021), DMs should disregard the (1)
1. last day of the first period and
2. first day of the second period.
1 JSA Regs 13, reg 39(1)(a) & (1)(c)

Example 1

Last day of previous JSP
= 16.2.13
First day of current JSP
= 12.5.13
There are twelve weeks (84 days) between the two JSPs. The DM does not include
16.2.13 and 12.5.13 in this calculation. The two JSPs are treated as one JSP.

Example 2

JSP ends 6.1.13. ESA period from 1.4.13 to 13.5.13. Current JSP starts 6.8.13. There are twelve weeks (84 days) between the first JSP and the beginning of the
ESA period. The DM does not include 6.1.13 and 1.4.13 in this calculation.
There are twelve weeks (84 days) between the end of the ESA period and the
current JSP. The DM does not include 13.5.13 and 6.8.13 in this calculation.
The two JSPs are treated as one JSP.

[R1024-R1026]

R1027 Linked periods R1021

Linked periods
are (1) any period when the claimant :
1.
is entitled to CA (2) (see R1036) or :
2.
is incapable of work or is treated as incapable of work (3) or :
3.
has LCW or is treated as having LCW (4) or :
4.
is entitled to MA (5) or :
5.
is doing training for which a training allowance is payable (6) or :
6.
a period that includes 6.10.96
6.1 during which the claimant attends court because of a summons for jury
service and
6.2 immediately preceded by a period of entitlement to UB (7).
1 JSA Regs 13, reg 39(2); 2 reg 39(2)(a); SS CB Act 92, s 70; 3 JSA Regs 13, reg 39(2)(b);
SS CB Act 92, Part XIIA; 4 JSA Regs 13, reg 39(2)(c); WR Act 07, Part 1; 5 JSA Regs
13, reg 39(2)(d); SS CB Act 92, s 35; 6 JSA Regs 13, reg 39(2)(d) & 1(3); 7 reg 39(2)(f)

[R1028-R1035]

R1036 CA R1002 R1021 R1027

CA only becomes a linked period if it allows the claimant to satisfy the contribution
conditions for entitlement to JSA and the claimant would otherwise be unable to
satisfy them (1). The linked period of CA has to end within 12 weeks or less of the
starting of a JSP or some other linked period (2).
1 JSA Regs 13, reg 39(4); 2 reg 39(3)

Example 1

Josie claims and receives JSA from and including 14.10.13. JSA stops and CA is
payable from 16.12.13. Caring ends on 11.10.15 and Josie claims JSA on 12.10.15.
If 12.10.15 was the start of the JSP, she would not be entitled to JSA. As Josie
cannot satisfy the contribution conditions for JSA, then the period of CA does
become a linked period, and the JSP begins on 14.10.13.

Example 2

Meg claims and receives JSA from and including 14.10.13. JSA stops and CA is
payable from 16.12.13. Caring ends on 21.12.14 and Meg claims JSA on 22.12.14.
If 22.12.14 was the start of the JSP, she would be entitled to JSA. As Meg can
satisfy the contribution conditions for JSA, then the period of CA does not become
a linked period, and the JSP begins on 22.12.14.

[R1037-R1043]

R1044 Claimants approaching retirement

The guidance on claimants approaching retirement only applies to claimants who
are not receiving JSA, for example because entitlement has been exhausted (1).

1 JSA Regs 13, reg 40(1)

R1045 R1048

Claimants are treated as satisfying the conditions (for the purposes only of forming
a JSP) in R1008 1. to 6.1, for days :
1.
that fall after 6.10.96 and :
2.
that fall within a tax year (6th April to 5th April) in which the claimant has
reached the qualifying age for SPC, but is under pension age (see ADM
Chapter R2) and :
3.
for which JSA is not payable because the claimant
3.1 has exhausted entitlement to 182 days JSA (2) or
3.2 does not satisfy one or both of the contribution conditions for JSA (3) or
3.3 is entitled to JSA, but nothing is payable because of pension payments
that the claimant receives (4) and
4. on which the claimant has not accepted a claimant commitment (5).
1 JSA Regs 13, reg 40(1) & (2); 2 JS Act 95, s 5(1); 3 s 2(1)(a) & (b); 4 JSA Regs 13, reg 51;

5 JS Act 95, s 1(2)(b)

R1046

The qualifying age for SPC is (1) :
1.
for a woman - pension age or :
2.
for a man - the age which is pension age for a woman born on the same date
as the man.
1 JSA Regs 13, reg 40(1)(a)

R1047 Claimants who are incapable of work or have limited capability for work

Any day of
1. IfW that falls within a PIW (see DMG Chapter 56)1 or :
2.
LCW that falls within a PLCW (see DMG Chapter 42)2
cannot be treated as a day on which a claimant satisfies the conditions at R10081. to 6.
1 JSA Regs 13, reg 40(4); SS CB Act 92, s 30C; 2 JSA Regs, reg 40(5); WR Act 07, Part 1

R1048 Claimants who work

Where claimants work as employed earners or S/E earners for more than twelve
continuous weeks, they cannot be treated as satisfying the conditions at R1008 1. to
6. for any days within the twelve weeks or following the twelve weeks. But if
claimants stop work and claim JSA, they can again be treated as satisfying the
conditions at R1008 1. to 6., as long as they satisfy the requirements of R1045 (1).
Week means a period of seven days (2).
1 JSA Regs 13, reg 40(3); 2 reg 2(2)

[R1049-R1050]

JSA contribution conditions
Definitions

R1051 Benefit year

A benefit year is the period that (1) :
1.
begins with the first Sunday in January in any calendar year and :
2.
ends with the Saturday immediately before the first Sunday in January in the
next calendar year.
1 JS Act 95, s 2(4)(a); SS CB Act 92, s 21(6)

R1052 Class 2 contributions and volunteer development workers

A person who works abroad as a volunteer development worker (1) (for example, for
an organization such as Voluntary Service Overseas) may be entitled to pay special
Class 2 contributions under specific legislation (2). HMRC decides whether a person is
entitled to pay the special Class 2 contributions. But this only applies if that person
is (3) :
1.
ordinarily resident in GB (see ADM Chapter C3) and :
2.
employed outside GB (see ADM Chapter C3).
1 JSA Regs 13, reg 75; SS (Contributions) Regs 79, reg 123A(1); 2 reg 123C; 3 reg 123A(2)

R1053 Relevant benefit year R1022 R1118 R1118 R1118

The relevant benefit year (1) is the benefit year that includes the beginning of :
1.
the current JSP or :
2.
any linked period that ends within twelve weeks of the start of a
2.1 JSP
or
2.2 linked
period (2)
whichever is earlier.
Note: See R1022 for guidance on calculating the twelve weeks.
1 JS Act 95, s 2(4)(b); 2 JSA Regs 13, reg 39(3)

R1054 Special Class 2 contributions

Special Class 2 contributions are (1) any Class 2 contributions paid by a share
fisherman (2).
1 JSA Regs 13, reg 69(3); 2 SS (Contributions) Regs 79, reg 98(c)

R1055 Tax year

A tax year is a period of twelve months beginning with 6 April of any year (1). For
example, the tax year beginning April 2012 is the period 6.4.12 - 5.4.13.
1 JS Act 95, s 35(1)

[R1056-R1059]

R1060 General R1081 R1097

The contribution-based conditions for entitlement to JSA are that the claimant must (1) :
1.
satisfy the first contribution condition (see R1067 - R1071) and :
2.
satisfy the second contribution condition (see R1074 - R1076) and :
3.
not have earnings higher than the prescribed amount (see R1081 - R1082)
and :
4.
not be entitled to IS.
Note:
Claimants who do not make a claim for IS cannot be entitled to IS.
1 JS Act 95, s 2(1)

R1061 HM Revenue and Customs questions

HMRC decide whether Class 1 or Class 2 contributions have been paid or credited
in any year (1).
1 SSC (ToF) Act 99, s 8(1)(e); R(JSA) 8/02

R1062 What the DM decides

The DM determines whether the contribution conditions are satisfied (1), including :
1.
the earnings factor derived from Class 1 or Class 2 contributions and :
2.
the beginning of the relevant benefit year and :
3.
which are the relevant income tax years and :
4.
the years in which the contributions must have been paid or credited.
1 SS Act 98, s 8(1)

R1063 Reference to HMRC

Entitlement to JSA depends on the contribution conditions being satisfied. In
practice the NI contribution record is usually obtained and any decision is based on
the assumption that the record is factually correct. However, where there is a
dispute about the record, the matter must be referred by the DM to HMRC for a
formal decision (1).
Note 1: See ADM Chapters A3, A4 and A5 for guidance on how decisions and
appeals are handled after a reference to HMRC.
Note 2: See ADM Chapter A1 where the dispute is about whether credits should
be awarded.
1 SS CS (D&A) Regs, reg 11A and 38A

[R1064-R1066]

First contribution condition

R1067 General R1060 R1068 R1069 R1091

To satisfy the first contribution condition (1) :
1.
the claimant must have paid Class 1 contributions in respect of one ("the base
year") of the last two complete tax years before the beginning of the relevant
benefit year and :
2.
Class 1 contributions must have been paid before the week that the claimant
claims JSA and :
3.
the claimant must have had relevant earnings for the base year on which the
Class 1 contributions have been paid or treated as paid of at least 26 times
the LEL for that tax year (see Appendix 1 to this Chapter).
1 JS Act 95, s 2(1)(a), 2(2) & 35(1)

R1068 Share fishermen

For share fisherman R1067 1. can include Class 1 or special Class 2 contributions (1).
1 JS Act 95, s 2(1)(a), 2(2) & 35(1); JSA Regs 13, reg 69(2)

R1069 Volunteer development workers

For volunteer development workers R1067 1. can include (1) Class 1 contributions or
Class 2 contributions (2).
1 JS Act 95, s 2(1)(a), 2(2) & 35(1); JSA Regs 13, reg 75; 2 SS (Contributions) Regs 79, Part VIII, Case G

R1070 Determining relevant earnings

Relevant earnings are determined by the number of weeks worked in the base year.
The relevant earnings are the total amount of earnings at the level of LEL (1).

1 JS Act 95, s 2(2A); JSA Regs 13, reg 34(1)

R1071 R1060

When working out the relevant earnings, any earnings in excess of LEL are
ignored (1).
1 JSA Regs 13, reg 34(2)
Relaxation of the first contribution condition

R1072 Spouses and civil partners of service personnel R1073

The first contribution condition is taken to be satisfied (1) where the claimant is entitled
to be credited with earnings equal to LEL on the grounds that they :
1.
are a spouse or civil partner of a member of HMF and :
2.
accompanied that member of HMF on an assignment outside the UK or
treated as such by the Secretary of State
in respect of any week during the last complete tax year before the relevant benefit
year.

1 JSA Regs 13, reg 35(2); Social Security (Credits) Regulations 1975, reg 9E

R1073

In addition to satisfying R1072, the claimant must also (1) :
1.
have paid Class 1 contributions before the relevant benefit week in respect of
any previous tax year and :
2.
have earnings at the level of LEL in that tax year on which Class 1
contributions have
2.1 been paid or
2.2 treated as paid
of at least 26 times the LEL for that tax year, disregarding any earnings which
exceed LEL.
1 JSA Regs 13, reg 35(1)

Example

Jessica's husband is in the army and she accompanied him when he served
overseas in various spells during 2012 and 2013. Prior to 2012, Jessica had worked
intermittently but most frequently in 2009 and 2010. Whilst overseas Jessica did not
work but was credited with earnings equal to LEL on the grounds that she
accompanied her husband on overseas postings. When they arrived back in the UK,
Jessica made a claim for JSA with a date of claim of 10.1.14.
The DM decides that Jessica satisfies the first contribution condition for JSA. This is
based on her relevant benefit year being 2014. Ordinarily, the two tax years to be
used to determine the first contribution condition would be 2012/2013 or 2011/2012.
However, because of Jessica's time overseas as a spouse of a member of HMF, the
DM decides to use the tax year 2009/2010 where Jessica's earnings were such that
the first contribution condition can be taken to have been satisfied.
Jessica will still need to satisfy the second contribution condition for the two tax
years 2012/13 and 2011/12.
Second contribution condition

R1074 General R1060 R1075 R1076

To satisfy the second contribution condition (1) :
1.
the claimant must have
1.1 paid Class 1 contributions or
1.2 been credited with earnings
for the last two complete tax years before the beginning of the relevant benefit year
and :
2.
the earnings factor from the earnings
2.1 on which primary Class 1 contributions have been paid or treated as
being paid or
2.2 credited
must be at least 50 times the LEL for each of those last two complete tax years (see
Appendix 1 to this Chapter).
1 JS Act 95, s 2(1)(b), 2(3) & 35(1)

R1075 Share fishermen

For share fishermen R1074 1.1 and 2.1 can include Class 1 or special Class 2
contributions (1).
1 JS Act 95, s 2(1)(b), 2(3) & 35(1); JSA Regs 13, reg 75

R1076 Volunteer development workers R1060

For volunteer development workers R1074 1.1 and 2.1 can include (1) Class 1
contributions or Class 2 contributions for volunteer development workers (2).
1 JS Act 95, s 2(1)(b), 2(3) & 35(1); JSA Regs 13, reg 75;
2 SS (Contributions) Regs 79, Part VIII, Case G

R1077 Earnings at or below the LEL

People who have earnings at or below the LEL and people who have earnings
above the LEL do not have to pay any contributions on earnings at or below the
LEL (1).

1 SS CB Act 92, s 6A

R1078

The
earnings :
1.
on which primary Class 1 contributions have been paid or treated as paid,
that did not exceed the UEL and
2. at or below the LEL
count towards satisfying the second contribution condition (1).
1 JS Act 95, s 2(3A)

[R1079-R1080]

R1081 Prescribed amount of earnings R1060

Claimants are not entitled to JSA for any week that they have earnings that are
higher than the prescribed amount (see R1060 3.)1.

1 JS Act 95, s 2(1)(c)

R1082 R1060 R1091

The prescribed amount of the claimant's earnings is calculated by using the formula (1)
(A + D) - 0.01 where
1. A is the age-related amount that is appropriate to the claimant's age and
2. D is any earnings disregard appropriate to the claimant (2).
1 JSA Regs 13, reg 48; 2 reg 59(2) & 61(2) & Sch

Example

Dale is entitled to an age-related amount of 71.70 a week.
He is entitled to a disregard of 5.00 a week.
Applying the formula - (71.70 + 5.00) - 0.01 = 76.69.
If Dale has earnings of more than 76.69 a week he is not entitled to JSA.

R1083 Late payment of contributions

The DM determines whether the contribution conditions for JSA are satisfied.
Contributions paid after the due date are generally treated as paid on the date of
payment. However there are circumstances in which the DM may accept that
contributions are treated as having been paid on an earlier date (1). The DM will need
to liaise with HMRC.
1 SS (Conts) Regs, reg 60-65; SS (Crediting etc) Regs, reg 4

[R1084-R1087]

Duration of JSA

R1088 Maximum entitlement

The DM calculates when claimants have had 182 days JSA. Claimants who are
entitled to JSA cannot have more than 182 days JSA (1) for any period using the same
two tax years (see R1090 - R1091). Each day for which
1. JSA is paid or
2. JSA is treated as paid (see R1097) or
3. the claimant is entitled to JSA but it is not payable (see R1098)
counts towards the 182 day total.
1 JS Act 95, s 5(1)

R1089

R1090 More than one period of entitlement to JSA R1088

If a claimant has two or more separate claims to JSA on which entitlement to JSA is
decided using the same two tax years, the days of entitlement in each of those
awards are added together, up to a maximum of 182 days (1).

1 JS Act 95, s 5(1)

R1091 R1088

If a claimant has two or more separate claims to JSA, the days of entitlement to JSA
in each of those awards are not added together for any claims where :
1.
the claimant's entitlement to JSA is decided using at least one different tax
year to the earlier award (1) and :
2.
the separate periods do not link.
In these cases claimant's can start their 182 day maximum entitlement again if they
satisfy R1067 - R1082.
1 JS Act 95, s 5(1) & 35(1)

Example 1

Fred claims JSA from 4.11.13.
The two complete tax years used for calculating whether he satisfies the second
contribution condition, for this claim, are :
1.
6.4.10 - 5.4.11 and
2. 6.4.11 - 5.4.12. JSA is paid from 7.11.13 (4.11.13 - 6.11.13 are waiting days). The award ends on 25.11.13. He has had 19 days JSA. He is employed on a short-term contract that ends on 2.12.13. He then makes a new claim to JSA from 3.12.13. The two complete tax years used for calculating whether he satisfies the second contribution condition, for this second claim, are the same as for the previous claim. The days of entitlement on the second claim are added to those of the first claim, so 3.12.13 is Fred's 20th day of entitlement JSA. Example 2
Emma claims JSA from 4.11.13.
The two complete tax years used for calculating whether she satisfies the second
contribution condition, for this claim, are
1. 6.4.10 - 5.4.11 and
2. 6.4.11 - 5.4.12. JSA is paid from 7.11.13 (4.11.13 - 6.11.13 are waiting days). The award ends on 25.11.13. She has had 19 days JSA. She is employed on a short-term contract that ends on 17.1.14. She makes a new claim to JSA from 20.1.14. As the second claim is made within twelve weeks of the first award ending the linking period rules apply and the two complete tax years used for calculating
whether Emma satisfies the second contribution condition are the same as for the
first claim.
The days of entitlement on the second claim are added to those of the first claim, so
20.1.14 is Emma's 20th day of entitlement JSA.

Example 3

Terry claims JSA from 13.1.14.
The two complete tax years used for calculating whether Terry satisfies the second
contribution condition, for this claim, are
1. 6.4.11 - 5.4.12 and
2. 6.4.12 - 5.4.13. JSA is paid from 16.1.14 (13.1.14 - 15.1.14 are waiting days). The award ends on 4.2.14. Terry has had 20 days JSA. He is employed from 5.2.14 - 9.5.14. He then makes a new claim to JSA from 12.5.14. As the second claim is made more than twelve weeks after the end of the first award 1. the linking period rules do not apply and
2. 12.5.14 - 14.5.14 are waiting days. But the two complete tax years used for calculating whether he satisfies the second
contribution condition, for the second claim, are the same as for the first claim.
The days of entitlement on the second claim are added to those of the first claim, so
15.5.14 is Terry's 21st day of entitlement to JSA.

Example 4

Sandra claims JSA from 4.11.13.
The two complete tax years used for calculating whether Sandra satisfies the
second contribution condition, for this claim, are
1. 6.4.10 - 5.4.11 and
2. 6.4.11 - 5.4.12.
JSA is paid from 7.11.13 (4.11.13 - 6.11.13 are waiting days).
The award ends on 25.11.13. Sandra has had 19 days JSA.
She is employed on a fixed term contract that ends on 27.2.14.
She then makes a new claim to JSA from 28.2. 14.
As the second claim is not made within twelve weeks of the end of the first claim
1. the linking period rules do not apply and
2. 28.2.14 - 2.3.14 are waiting days.
The two complete tax years used for calculating whether she satisfies the second
contribution condition for this second claim are
1. 6.4.11 - 5.4.12 and
2. 6.4.12 - 5.4.13.
The days of entitlement on the second claim are not added to those of the first claim
because her entitlement to JSA is calculated using one different tax year (6.4.12
5.4.13).
Sandra is entitled to a maximum of 182 days JSA on the later claim.

[R1092-R1095]

R1096 Days that count as days of entitlement to JSA S8053

Days can be
1. treated as days of entitlement to JSA and
2. count towards the maximum of 182 days (1).
even though no JSA is payable.

1 JS Act 95, s 5(3); JSA Regs 13, reg 37(3)

R1097 R1088

The days that are treated as counting towards the maximum of 182 days (1)
1. are days that fall in a JSP (2) and
2. are days
2.1 on which
2.1.a
the claimant satisfies the contribution conditions except R1060
3. and 4.3 and
2.1.b JSA is not payable because of a sanction or disqualification for
benefit fraud offences (4)
1 JS Act 95, s 5(3); JSA Regs 13, reg 37(3); 2 reg 37(3)(a); 3 reg 37(3)(b)(i); 4 reg 37(3)(b)(ii)

Example

Nora is entitled to JSA. JSA is paid to her for 100 days. Nora refuses employment without good reason. The DM imposes a sanction. Any days that :
1.
fall in the JSP and
2. the sanction is imposed for
count towards Nora's remaining 82 days of entitlement.

R1098 R1088

Days
where :
1.
claimants are entitled to JSA but :
2.
JSA is not payable for whatever reason will count towards the maximum of
182 days.

Example 1

Dan is entitled to JSA. Due to the amount of his occupational pension no JSA is payable. Each day in the JSP counts towards the maximum of 182 days. Example 2
Alex, a share fisherman, who is entitled to JSA is paid JSA for 100 days.
In a particular week :
1.
he does not work as a share fisherman and :
2.
he fails to prove that he had not neglected to avail himself of a reasonable
opportunity of employment as a share fisherman.
The DM decides that JSA is not payable for the week. Any of the days in the week that are in the JSP count towards Alex's remaining 82 days entitlement.

[R1099-R1104]

Claimants who have had their full entitlement of JSA

R1105

The DM decides whether the claimant can have another period of entitlement to
JSA.

R1106

Claimants who have had their full 182 days entitlement to JSA can have another
period of JSA if (1) :
1.
they satisfy the contribution-based conditions and :
2.
at least one of the two complete tax years that are used to decide whether
they have satisfied the contribution-based conditions is later than both the tax
years used to decide entitlement to the first 182 days.
1 JS Act 95, s 5(2) & 35(1)

Example 1

Harry claims JSA and the award totals 182 days on 25.11.13. The two complete tax
years used for calculating whether he satisfies the contribution-based conditions, for
this claim, are 6.4.10 - 5.4.11, and 6.4.11 - 5.4.12. The award of JSA ends on
26.11.13. Harry is employed from 27.11.13 - 17.1.14. He then makes a new claim to
JSA from 20.1.14. The two complete tax years used for calculating whether he
satisfies the contribution-based conditions, for this claim, are the same as for the
previous claim. This is due to the linking period rules. He is not entitled to another
period of 182 days JSA.

Example 2

Al claims JSA from 13.1.14. The two complete tax years used for calculating
whether he satisfies the second contribution condition, for this claim, are 6.4.11
5.4.12 and 6.4. 12 - 5.4.13. JSA is paid from 16.1.14 (13.1.14 - 15.1. 14 are waiting
days). 16.7.14 is Al's 182nd day of JSA. His award of JSA ends on 17.7.14. He is
employed from 18.7.14 - 17.10.14. He then makes a new claim to JSA from
20.10.14. As the second claim is made more than twelve weeks after the end of the
first award, the linking period rules do not apply. But the two complete tax years
used for calculating whether Al satisfies the second contribution condition, for the
second claim, are the same as for the previous claim. Al is not entitled to another
period of 182 days JSA.

Example 3

Freda's award of JSA totals 182 days on 25.11.13. The two complete tax years
used for calculating whether she satisfies the contribution-based conditions, for this
claim, are 6.4.10 - 5.4.11 and 6.4.11 - 5.4.12. The award of JSA ends on 26.11.13.
Freda is employed from 27.11.13 - 27.2.14. She then makes a new claim to JSA
from 28.2.14. This claim does not link to the previous award. The 2 complete tax
years used for calculating whether she satisfies the contribution-based conditions,
for this second claim, are 6.4.11 - 5.4.12 and 6.4.12 - 5.4.13. She is entitled to
another period of 182 days JSA because one of these tax years (6.4.12 - 5.4.13) is
later than the tax years used for the earlier claim.

[R1107-R1108]

R1109 Arrears of JSA or UB due; JSA overpaid

The guidance in R1110 - R1118 can only be applied if :
1.
the DM's decision is made on or after 28.10.96 and :
2.
some of the later JSA that would have been overpaid as in
2.1 R1110 3. and
2.2 R1112 3.
is for days on or after 28.10.96.

R1110 Arrears of JSA due - claimant had full entitlement of JSA R1109

Where :
1.
claimants become entitled to arrears of JSA and :
2.
they have already received JSA for a later day or days in one or more periods
of entitlement to JSA and :
3.
because of the 182 days limit on JSA, payment of the arrears would cause
any of the later JSA to be overpaid
the overpaid JSA is treated as paid on account of the arrears. The arrears due
should be reduced accordingly (1).

1 SS (Gen Ben) Regs, reg 9(5A)

R1111

No overpayment arises even if the JSA that would become overpaid was paid at a
higher weekly rate than the JSA that later becomes payable (for example due to
benefit up-rating). But if the amount of arrears due is higher than the amount that
would become overpaid, the claimant should be paid the balance.

R1112 Arrears of UB due - claimant had full entitlement of JSA

Where
1. claimants become entitled to arrears of UB for one or more days that were
before 7.10.96 or in the benefit week that includes 7.10.96 and :
2.
they have already received JSA for a later day or days in one or more periods
of entitlement to JSA and :
3.
because of the
3.1 182 days limit on JSA or
3.2
156 or 312 days limit under transitional protection
payment of the arrears would cause any of the later JSA to be overpaid
the overpaid JSA is treated as paid on account of the arrears of UB. The arrears
due should be reduced accordingly (1).

1 SS (Gen Ben) Regs, reg 9(5B)

R1113

No overpayment arises even if the JSA that would become overpaid was paid at a
higher weekly rate than the UB that later becomes payable (for example due to
benefit up-rating). But if the amount of arrears due is higher than the amount that
would become overpaid, the claimant should be paid the balance.

R1114 JSA overpaid R1115 R1118

Where :
1.
a decision is changed on appeal or review and :
2.
JSA has been paid for days for which there was no entitlement, due to that
changed decision the
days in
2. are treated as days for which the claimant has entitlement to JSA.

R1115

R1114 only applies in deciding whether :
1.
the claimant has had the maximum number of days entitlement to JSA and :
2.
the date on which the claimant has reached the maximum number of days
entitlement to JSA.
But it does not apply where R1116 applies (1).

1 SS (Gen Ben) Regs, reg 9(5C)

R1116 R1115 R1117

If any part of the sum overpaid is recovered, the amount recovered reduces the
number of days entitlement for the purposes of calculating the date on which the
claimant reaches the maximum number of days entitlement to JSA. The number of
days is calculated (1) :
1.
by dividing the amount recovered by 1/7 of the weekly rate at which the
benefit was paid and :
2.
rounding up or down to the nearest whole number.

1 SS (Gen Ben) Regs, reg 9(5C)(b)

R1117 R1118

If :
1.
an award continues after the claimant has reached the maximum number of
days entitlement to JSA and :
2.
the DM then determines that some or all of the JSA paid before the claimant
reached the maximum number of days entitlement to JSA was overpaid and recoverable
then the benefit to which there would have been entitlement, if the claimant had not
reached the maximum number of days entitlement, cannot be awarded and then
used to reduce the overpayment and postpone the date on which the claimant
reaches the maximum number of days entitlement to JSA. For R1116 to apply the
overpayment must first actually be repaid (1).

1 R(S) 14/53

R1118 R1109

R1114 - R1117 do not apply to days for which (1) :
1.
there would have been entitlement to JSA but for the payment by the
Secretary of State to certain employees of insolvent businesses (2) and :
2.
in calculating that payment, the Secretary of State made a deduction on
account of JSA received.
Such days are not treated as days of entitlement to JSA when calculating when the
claimant has reached the maximum number of days of entitlement to JSA, even
though the overpayment resulting from any revised decision has not been recovered
to the NI Fund.
1 SS (Gen Ben) Regs, reg 9(5D); 2 ER Act 96, sec 182

[R1119-R1999]

Appendix 1
Lower earnings limit
From
To
Amount ()
6.4.93 5.4.94
56
6.4.94 5.4.95
57
6.4.95 5.4.96
58
6.4.96 5.4.97
61
6.4.97 5.4.98
62
6.4.98 5.4.99
64
6.4.99 5.4.00
66
6.4.00 5.4.01
67
6.4.01 5.4.02
72
6.4.02 5.4.03
75
6.4.03 5.4.04
77
6.4.04 5.4.05
79
6.4.05 5.4.06
82
6.4.06 5.4.07
84
6.4.07 5.4.08
87
6.4.08 5.4.09
90
6.4.09 5.4.10
95
6.4.10 5.4.11
97
6.4.11 5.4.12
102
6.4.12 5.4.13
107
6.4.13 5.4.14
109
6.4.14 5.4.15
111
Appendix 2
Linking with periods of interruption of employment
A period of interruption of employment treated as a jobseeking period
1
A PIE (see DMG Chapter 37 for guidance on the meaning of PIE)1 that ends in
1. the eight weeks before
1.1 a
JSP
or
1.2
linked period that begins on 7.10.96 or
2. the twelve weeks before
2.1 a
JSP
or
2.2
linked period
that begins after 7.10.96
is treated as a JSP (2). This does not apply when the days of claim the DM is
considering fall in the period 7.10.96 to 27.10.96. When working out eight or twelve
weeks before a date, the date itself is excluded.
1 JSA Regs 13, reg 38(2); 2 reg 38(1)

Example

Stuart has been claiming and receiving either UB or IB throughout the period 2.1.95
to 17.8.96. He works from 19.8.96 until 8.11.96 when he is made redundant. Stuart
claims JSA on 9.11.96. Stuart's PIE ended on 17.8.96, which is within twelve weeks
of a JSP (which began on 9.11.96). The PIE is treated as a JSP, so Stuart's JSP
begins on 2.1.95.
Linking with periods of interruption of employment - linked period spans 7.10.96
2
For any days of a JSA claim up to and including 30.11.97 a PIE can only be treated
as a JSP if (1)
1. the PIE ends within twelve or eight weeks of a JSP or linked period and
2. that JSP or linked period starts on or after 7.10.96.
1 JSA Regs 13, reg 38(1)
3
If the conditions in 2 are not satisfied, part of the PIE under consideration may also
be a linked period. Such a linked period should be treated in the normal way. If the
linked period is a period for which a training allowance was payable see DMG
37126.
4
A PIE must end on 6.10.96 at the latest. Legislation for PIEs does not exist after this
date (1).
1 SS CB Act 92, s 25A; JS Act 95, Sch 3

Example 1

Oliver has UB from 11.8.93 to 16.3.94. IB from 17.3.94 to 6.11.96. Then claims JSA from 7.11.96. The claims to UB and IB form a PIE. This PIE is treated as a JSP as 6.10.96 (the end of the PIE) is within twelve weeks of the start of the Oliver's JSP. Oliver's JSP starts on 11.8.93. Oliver's relevant benefit year is the benefit year that includes 11.8.93 (that is 1993). Oliver does not have to serve waiting days (see ADM Chapter R2). Example 2
Faye
has UB from 11.8.93 to 16.3.94. IB from 17.3.94 to 19.3.97. Then claims JSA from 20.3.97. The claims to UB and IB form a PIE. That PIE ends on 6.10.96. The period on IB is a linked period - but it starts before 7.10.96 (on 17.3.94). The end of the PIE (6.10.96) and the start of the JSP (20.3.97) are more than twelve weeks apart. The PIE cannot be treated as a JSP. But the IB period is also a linked period and ends within twelve weeks of the start of the JSP. Faye's relevant benefit year (see R1053) is the benefit year that includes 17.3.94 (that is 1994). Faye does not have to serve waiting days (see ADM Chapter
R2).
Changes to regulations from 1.12.97
5
For any days of a JSA claim from 1.12.97 to 31.3.98 inclusive any days of
unemployment that form part of a PIE can be treated as a JSP where (1)
1. the last day of unemployment in the PIE is within eight weeks of a linked
period and :
2.
the linked period began before 7.10.96 and is still current on 1.12.97.
Note:
Guidance on days that cannot be days of unemployment is at DMG 37010 et
seq. Guidance on PIEs is in DMG Chapter 37.
1 JSA Regs 13, reg 38(1)(a)

Example

Pete claims and receives UB 11.8.93 to 16.3.94. Pete then claims IB 17.3.94 to 9.3.97 and from 14.4.97 to 7.12.97. On 8.12.97 the Pete claims JSA. The linked period that began before 7.10.96 is not still current on 1.12.97 so the days of unemployment (11.8.93 to 16.3.94) cannot be treated as a JSP. Pete's JSP starts on 17.3.94. Pete's relevant benefit year (see R1053) is the benefit year that includes 17.3.94 (that is 1994). Pete does not have to serve waiting days (see ADM Chapter R2). Changes to regulations from 1.4.98
6
For any days of a JSA claim from and including 1.4.98 any days of unemployment
that form part of a PIE can be treated as a JSP where (1) :
1.
the last day of unemployment in the PIE is within eight weeks of a linked
period and
2. the linked period began before 7.10.96. Note:
Guidance on days that cannot be days of unemployment is in DMG Chapter 37. Guidance on PIEs is also in DMG Chapter 37. 1 JSA Regs 13, reg 38(1)(a)

Example 1

Sophie claims and receives UB 11.8.93 to 16.3.94. Sophie then claims IB 17.3.94 to 9.3.97 and from 14.4.97 to 1.4.98. On 2.4.98 Sophie claims JSA. 16.3.94 is within eight weeks of 17.3.94, so the days of unemployment (11.8.93 to
16.3.94) can be treated as a JSP.
Sophie's JSP starts on 11.8.93.
Sophie's relevant benefit year (see R1053) is the benefit year that includes 11.8.93
(that is 1993). Sophie does not have to serve waiting days (see ADM Chapter R2).

Example 2

Iain claims and receives UB 11.8.93 to 16.3.94. Iain then claims IB 17.3.94 to 9.3.97 and from 14.4.97 to 13.3.98. On 14.3.98 the Iain claims JSA. In respect of the period 14.3.98 to 31.3.98: the days of unemployment (11.8.93 to 16.3.94) cannot be treated as JSP because the linked period that began before 7.10.96 is not still current on 1.12.97; Iain's JSP starts on 17.3.94 and his relevant
benefit year is 1994. Iain does not have to serve waiting days.
In respect of the period 1.4.98 onwards; the days of unemployment (11.8.93 to
16.3.94) can be treated as a JSP; Iain's JSP starts on 11.8.93 and his relevant
benefit year is 1993. Iain does not have to serve waiting days.
Linking with periods of interruption of employment - linked period and jobseeking period start after 7.10.96
7
Where a claimant has a
1. PIE that ends before 7.10.96 and
2. linked period that begins after 7.10.96 and
3. JSP that begins after 7.10.96
the PIE, linked period and JSP are treated as one JSP as long as each period is
separated by no more than twelve weeks.

Example

Rick has a PIE that ends on 6.10.96. On 14.12.96 Rick claims IB. The claim to IB
ends on 14.2.97. On 15.2.97 Rick claims JSA.
The linked period begins on 14.12.96 and ends on 14.2.97. The JSP begins on
15.2.97. Rick has a JSP and a linked period that begin after 7.10.96.
The PIE is treated as a JSP because it ends within twelve weeks of the start of the
linked period. The two JSPs (the PIE that is treated as a JSP and the JSP that
begins on 15.2.97) are treated as one JSP (see R1021).