Chapter R2: JSA conditions of entitlementContents
General rules on entitlement
|R2003:||JSA - basic conditions|
|R2008:||Definition of training allowance|
|R2010:||Under pension age|
|R2015:||JSA - contribution conditions|
|R2200:||Remunerative work - introduction|
|R2203:||Does the claimant have employment|
|R2210:||Meaning of remunerative work|
|R2213:||Treated as in or not in remunerative work|
|R2230:||Work done for payment or in expectation of payment|
|R2231:||Work for no monetary reward|
|R2232:||Payment in kind|
|R2233:||Expectation of payment|
|R2236:||Sale of goods|
|R2237:||Business start up|
|R2252:||JSA - carers and specified occupations|
Counting the hours
|R2258:||Flexible working schemes|
|R2262:||Evidence of hours|
|R2293:||Calculating average hours|
|R2294:||Identifying a recognizable cycle|
|R2295:||Permanent or indefinite contract|
|R2296:||Fixed term contracts and casual workers|
|R2306:||Recognizable cycle established|
|R2307:||Periods when a person does not work|
paternity leave, adoption leave and periods of unauthorised
|R2309:||Holidays or periods of no work|
Calculating the number of hours for which a person is
|R2311:||engaged in work|
|R2315:||Calculating the average hours|
|R2316:||Yearly cycle with school holidays or similar vacations|
|R2318:||Ancillary school workers|
|R2320:||Estimating future hours|
|R2322:||Averaging past hours|
|R2338:||Changes to the normal hours|
|R2340:||Averaging the hours|
|R2341:||Agency and casual workers|
|R2397:||Absence from work without good cause|
|R2410:||Recognized, customary or other holiday|
|R2435:||Payment on termination or interruption of employment|
|R2467:||Charity or voluntary workers and volunteers|
|R2468:||Meaning of voluntary organization|
|R2469:||Meaning of volunteer|
|R2470:||Engaged on a training scheme|
|R2474:||Engaged in specific occupations|
|R2476:||Meaning of councillor|
Foster parents and people providing respite care
|R2479:||People providing respite care|
|R2481:||Meaning of sports award|
What constitutes relevant education
|R2556:||Definition of a qualifying young person|
|R2557:||What is approved training|
|R2558:||When is a person not a qualifying young person|
|R2559:||What is relevant education|
|R2561:||What is a student loan|
|R2562:||Undertaking a course|
|R2564:||What is a modular course|
|R2565:||Person not regarded as undertaking a course|
|R2566:||Being treated as a qualifying young person|
|R2702:||Claimants who do not have to serve waiting days|
|R2961:||short periods of sickness|
|R2962:||Evidence of incapacity/limited capability for work|
|R2975:||or more in the jobseeking period or year|
|R2976:||When do these treated as provisions not apply|
|R2977:||NHS treatment abroad|
|R2978:||Evidence of incapacity/limited capability for work|
|R2985:||(incapacity for work)|
Treated as not having limited capability for work (employment and
Capable of work
|R2988:||Meaning of capable of work|
Chapter R2: JSA conditions of entitlementGeneral rules on entitlement
R2001 IntroductionThis Chapter contains guidance on the basic conditions of entitlement for JSA plus
detailed guidance on
1. remunerative work and
2. relevant education.
R2003 JSA - basic conditions « R2015People are entitled to JSA (1) if they
1. have accepted a claimant commitment (2) and
2. are not in remunerative work (3) and
3. are not involved in a TD (4) and
4. are capable of work (5)/do not have LCW and
5. are not in relevant education (6) and
6. are in GB (except for certain temporary absences abroad)7 and
7. are under pension age (8) and
8. satisfy the contribution-based conditions (9)
1 JS Act 95, s 1(2); 2 s 1(2)(b); 3 s 1(2)(e); 4 s 14; 5 ESA (Trans Provs) Regs, reg 5;
6 JS Act 95, s 1(2)(g); 7 s 1(2)(i); 8 s 1(2)(h); 9 s 1(2)(d)
R2008 Definition of training allowance « R2470A training allowance is (1) an allowance payable
1. out of public funds by
a government department or
on behalf of
the Secretary of State for Work and Pensions or
Scottish Enterprise or
1.2.c Highlands and Islands Enterprise or
1.2.d Skills Development Scotland or
1.2.e the Young People's Learning Agency for England, the Chief
Executive of Skills Funding or
Welsh Ministers and
2. to people for
2.1 their maintenance or
2.2 a member of their family and
3. for the period, or part of the period, that they are taking part in a course of training or instruction
3.1 provided by, or under arrangements made with, that department or
3.2 approved by that department in relation to the person or
3.3 so provided or approved by or on behalf of the
3.3.a Secretary of State for Work and Pensions or
3.3.b Scottish Enterprise or
3.3.c Highlands and Islands Enterprise or
3.3.d Skills Development Scotland or
Examples of schemes which pay training allowances are Training for Work in
Scotland, Work Based Learning - Skills Based in Wales and Employment
Note: An allowance paid directly or indirectly by the European Social Fund is paid
out of public funds (2). DMs will have to consider whether 2. and 3. are also satisfied.
1 JSA Regs, reg 1(3); IS (Gen) Regs, reg 2(1); 2 R(IS) 10/98
R2009 « R2470A training allowance does not include
1. an allowance paid by a government department to, or for a person who is
1.1 following a course of FTE (unless that course is arranged under
prescribed legislation (1)) or
1.2 training to be a teacher (2) or
2. an allowance paid by a LA or a voluntary organization (3) or
3. an allowance paid directly or indirectly from the public funds of a foreign
1 E & T Act 73, s 2; Enterprise and New Towns (Scotland) Act 90, s 2; 2 JSA Regs, reg 1(3);
3 R(P) 13/56; 4 R(P) 5/56
R2010 Under pension ageTo be entitled to JSA a person must be under pension age (1). Pension age is (2)
1. for a man - the 65th birthday or
2. for a woman
born before 6.4.50 - the 60th birthday or
born after 5.4.55 - the 65th birthday or
born 6.4.50 to 5.4.55 inclusive - see Appendix 1 to this Chapter.
1 JS Act 95, s 1(2)(h); 2 Pensions Act 95, Sch 4, Part 1
R2015 JSA - contribution conditionsIn addition to the conditions at DMG R2003 1. - 7., to be entitled to JSA (1) a person must
1. satisfy contribution conditions and
2. not have earnings in excess of the prescribed amount
See ADM Chapter R1: Jobseeking periods and Jobseekers allowance contribution
conditions for detailed guidance
1 JS Act 95, s 2
R2200 Remunerative work - introductionBeing in remunerative work affects entitlement to JSA (1). In all cases, before the DM
applies the law to establish how many hours a person is working, they must decide
whether or not the work is continuing.
1 JS Act 95, s 1(2)(e)
R2201JSA is a personal benefit and is not payable for a partner (1). The remunerative work
exclusion therefore applies only to the claimant.
1 JS Act 95, s 4(1)
employment and are between jobs. DMs will need to decide whether employment
has ended if someone has been engaged in remunerative work (see ADM Chapter
S2: Employed earnings).
R2204DMs should decide that a person is still in employment and not between jobs if
1. the contract of employment (which can be written or verbal) is still current or
2. the contract of employment ends at the beginning of what would be a period
of absence even if the contract continued (e.g. a school holiday) and it is
expected that the person will return to employment after that period because
2.1 there is an express agreement (written or verbal) or
2.2 it is reasonable to assume that a long standing practice of re-
employment will continue (1).
1 R(JSA) 5/03
R2205Off-shore workers are an example of those workers who may be employed on an
ad-hoc basis. They may be contracted by companies to perform work for a specific
period with no obligations on either party to provide work or to accept offers of work.
ExampleDennis works for an oil company as a welder on oil rigs. He does not have a
recognizable pattern of work as the company request his services on an irregular
basis and he is not guaranteed a specific amount of work in any period. Dennis
claims JSA for a period when he is not working. On looking at the facts of Dennis'
past work for the company, the DM is satisfied that there has been a continuing
provision of employment that has been accepted by Dennis, and that it averages 16
hours or more a week. The DM decides that there is a continuing relationship and
that Dennis continues to be in remunerative work during periods when he is on-
shore and not physically working nor being paid.
need to consider such things as
the type and nature of the work
the frequency and length of the contracts/periods of work
the process of securing the work
the employment situation/opportunities in the area
whether there is a continuing relationship between the claimant and the employer
whether there is evidence of the relationship between the claimant and the
employer having ended, e.g. the production of a P45.
This list is not prescriptive or exhaustive and other considerations may be equally
valid in the circumstances of each case.
R2207DMs should also look at whether there is a mutual expectation between the person
and the employer that they will resume after a period of no work. This mutual
expectation should be more than just a hope of re-employment.
ExampleCarole has worked as a housekeeper at a holiday village in an east coast seaside
resort for the past three summer seasons (April to October). The village closes
down between November and March so no work is available. There are very limited
employment opportunities in the area in the winter months. Carole makes a claim for
JSA in November. The DM establishes that Carole has to put in her application for
the housekeeper post every February along with other candidates. While she is
hopeful of securing further work for the following season she has no guarantee from
the employer that she will be successful. The DM decides that as there is no mutual
expectation of the work resuming then Carole does not have employment in the "off"
season and therefore she is not in remunerative work.
[R2208-R2209](1) is work for which payment is made, or which is done in
expectation of payment and in which the claimant is engaged for not less than
1. 16 hours a week or
2. 16 hours a week on average where the hours of work fluctuate.
1 JSA Regs 13, reg 42(1)
R2213 Treated as in or not in remunerative workA person engaged in remunerative work is not necessarily excluded from JSA. In
certain circumstances a person who is actually in remunerative work may be
treated as not being in remunerative work (see DMG R2464)1.
1 JSA Regs 13, reg 44
R2214Also, there are circumstances in which a person who is not actually in
remunerative work may be treated as engaged in remunerative work (1) (see DMG
1 JSA Regs 13, reg 43
R2230 Work done for payment or in expectation of paymentWhether or not a person is in remunerative work is a question of fact rather than
legal interpretation. The DM should look at all the relevant facts in each case.
Regard work as remunerative if
1. payment is made for it or
2. it is done in expectation of payment (1).
Remunerative does not mean profitable (see DMG R2234).
1 JSA Regs 13, reg 42(1)(a)
R2231 Work for no monetary rewardA person cannot be in remunerative work if the work done is neither paid nor done
in expectation of payment. If the only "payment" is notional earnings (1) the work
cannot be treated as remunerative.
1 JSA Regs 13, reg 63(4)
R2232 Payment in kind"Payment" includes payment in kind provided it is made in return for work done. It
does not matter that the definition of earnings excludes any payment in kind.
Example 1Thomas is given free meals and accommodation in a guest house run by a friend.
Whilst there he does several chores so that average hours are in excess of 16 a
week. The meals and accommodation are not given in return for work done.
Thomas is not in remunerative work but the DM should consider whether
1. he can still satisfy his claimant commitment and
2. the free meals and accommodation are notional earnings.
Example 2Gordon is given free meals and accommodation in a guest house run by a friend in
return for doing various chores amounting to more than 16 hours of work a week.
Gordon is in remunerative work.
R2233 Expectation of paymentWork "done in expectation of payment" means more than a mere hope that payment
will be made at a future date (1). There should be a realistic expectation of payment.
An established author writing a book in his field has a realistic expectation of
payment. A person who is not an established author and has no agreement for
publication does not have a realistic expectation of payment.
1 R(IS) 1/93
questions to consider (1) to decide if the claimant is engaged as a self-employed
1. is the person still trading
2. if the answer to 1. is yes, is the person
2.1 carrying out activities connected to the self-employment in the weeks to
which the claim is related or
2.2 to be treated as engaged in work (2) in a period of non-activity which is a
normal incident of self-employment, whether as a part of a cycle of
work or otherwise
3. if the person is engaged in work, is it remunerative work, i.e. is the work for 16
hours or more per week
4. if the person is not in remunerative work, are they in receipt of earnings to be
taken into account and for what period they are to be taken into account.
1 R(JSA) 1/09; 2 JSA Regs 13, reg 43
R2235A person providing a service for payment is engaged in remunerative work
regardless of profit or loss. There can be an expectation of payment derived from
profit but it must be a realistic expectation of payment for work being done at the
time. The DM need not make detailed forecasts of profitability. Where a person is
involved in a commercial activity it is likely that this is remunerative work. It is for
that person to show that they are working for nothing and explain why (1).
1 CA, CAO v. Ellis (R(IS) 22/95)
R2236 Sale of goodsPayment received from the sale of goods is not necessarily payment for work.
Payment is made for the goods not for the work of the salesman. But where a
person is paid commission on sales, the commission itself is payment for work.
Note: Also that payment may be derived from takings.
R2237 Business start upAn allowance payable under certain schemes to assist people to become S/E is not
payment for work (1).
Note: That the former name of business start up scheme no longer applies
generally and schemes are likely to have local names. See ADM Chapter S3: JSA &
self-employed earners & share fishermen for further guidance.
1 CA, CAO v. Smith; R(IS) 21/95
R2238Drawings from any business to meet living expenses, in cash or in kind, will be
payment for work except where the drawings are from business capital.
ExampleAnnie and her civil partner Rosie run a grocery shop at a loss. The business is for
sale. They are living on the stock and money taken from the till. If that money was
banked it would merely reduce the business overdraft. The couple are living off the
capital of the business and are therefore not working for payment or in expectation
R2239 Company directorsA director of a limited company is an office holder and will usually be an employee
of the company. The current or future receipts of the business are not payment to
the director (1). A director can own or be a shareholder in the company and receive
payment or have a realistic expectation of payment in that capacity. It is possible for
an office-holding director to also have a contract for service with the company and
thus be a S/E earner. In such cases DMG R2234 applies.
1 R(IS) 5/95
[R2240-R2249]Establishing hours of work
R2250 IntroductionEstablish the weekly total of hours worked. Normally, only hours for which payment
is made or expected count for remunerative work purposes. These are not
necessarily the same as hours of attendance. For example, if a person works
additional hours without pay and without expectation of payment the extra hours
would not count, although the question of notional earnings (1) would arise. See DMG
R2278 « R2268for guidance on teachers.
1 JSA Regs 13, reg 63(4)
R2251Hours worked as a carer or in certain specified occupations do not count for
remunerative work purposes (see DMG R2464 et seq).
1. by anyone falling within DMG R2464 (1) or
2. in caring for someone (2) who
2.1 is in receipt of "AA", the care component of DLA or the daily living
component of PIP or
2.2 has claimed "AA", DLA or PIP but only for the period starting with the
date of claim and ending
when a decision is made on the claim or
26 weeks from the date of claim if this is earlier than the date in
2.2.a above or
2.3 has claimed and has an award of
the care component of DLA (3) or
the daily living component of PIP
for the period between the date of claim and date of award or
3. in caring for someone if the carer is in receipt of CA (4).
1 JSA Regs 13, reg 42(3)(b); 2 reg 42(3)(c); 3 SS CB Act 92, s 72(4); 4 s 70
R2254The purpose of DMG R2252 2.2.b is to help carers where there is a delay in
deciding a claim to "AA" or DLA. The provision does not apply if a
1. claim for "AA" or DLA is unsuccessful and
2. further claim is made solely so that the carer can continue to receive JSA.
R2255The guidance at DMG R2252 2. and DMG R2252 3. does not apply to carers who
are employed earners (1), for example nurses and care workers in care homes. The
hours of such employees will count towards the remunerative work rule in the
1 JSA Regs 13, reg 42(3)(c)
R2256Hours worked in any other occupation by a person who satisfies DMG R2464
should be taken into account in the normal way.
R2257Counting the hours
R2258 Flexible working schemesMost people in paid employment are required to work, and are paid for, the same
number of hours each week. Flexible working hours does not affect this.
R2259 OvertimeOvertime for which payment is made or expected counts towards the weekly total.
R2260 BreaksAny time allowed by the employer for meals or refreshments counts towards the
total hours worked provided earnings are paid or are expected to be paid for this
1 JSA Regs 13, reg 42(3)(a)
R2261 Night DutyAny time spent on night duty in addition to normal daytime duties counts towards the
total hours worked if payment is made or expected for that night duty. This applies
1. payment made or expected is less than for normal daytime duties or
2. the time on night duty is spent sleeping.
R2262 Evidence of hoursAccept a statement from the person or the employer about the number of hours
worked unless it is unclear or there is reason to doubt it. Make further enquiries
where necessary. If it becomes necessary to examine the contract of employment
note that it will not usually specify overtime hours. Where appropriate, add these to
the number of contracted hours.
R2263 Company directorsA director of a limited company is an office holder and in that role may have only
limited duties to carry out. However, where a director also has a contract for service
with the company and is a S/E earner follow the guidance at DMG R2265 to
establish any additional hours worked.
R2264 MusiciansPractising is not remunerative work unless the practice is necessary to do the work
the person is engaged in.
Example 1A musician teaches at a school for six hours a week. He also practices his
instrument for 14 hours a week in order to maintain his skill as a musician. He is not
engaged in remunerative work.
Example 2A musician is engaged to perform music. The performances last for twelve hours a
week. She practices the performances for ten hours a week. She is engaged in
R2265 Self-employed « R2263Include all the hours necessary to run the business, for example, time spent in
1. trips to wholesalers and retailers
2. visits to potential customers
3. advertising or canvassing
4. cleaning the business premises
5. cleaning and maintaining items used in the business, for example a taxi or
driving school car
6. providing estimates
8. research work, for example where the person is a writer.
R2266Where a S/E person is running a business which is
1. building up or
2. winding down
it may be appropriate to re-determine the remunerative work issue week by week
until hours of work reach a consistent level.
R2267Accept a statement from the person about the number of hours worked unless there
is reason for doubt. Where there is doubt, make a decision on the basis of all the
ExamplePeter, a window cleaner in good health and with all the necessary window cleaning
equipment claims to have worked 15 hours a week during a period of fine weather.
His accounts book revealed that he operated a long-standing window cleaning
round with an average of ten customers per day, five days a week. He agreed that it
took him about 30 minutes to clean each house plus an hours travelling in total
between houses. Based on this evidence the DM concluded that he worked six
hours a day, five days a week, a total of 30 hours a week.
R2268If a S/E person has been doing undisclosed work or working more hours than is
claimed, the DM must determine on the probable number of hours worked. Consider
all the available evidence, including any reports of what times of day and for how
many days the person was observed working.
[R2269-R2277]R2278 Teachers The conditions of employment of most LA schoolteachers, except headteachers, are
laid down in an Order (1) or Agreement (2). They have a contractual duty to spend
whatever time is necessary to carry out their professional duties effectively in non-
teaching activities such as
1. preparing and planning lessons and timetables
2. assessing and reporting on pupils
3. helping to administer and organize the school
4. advising pupils and ensuring their discipline, health and safety
5. discussing pupils' progress with parents.
Time spent in these activities should be counted. This list is not exhaustive. If the
DM is unsure whether a teacher is obliged to do a particular activity, consult the
Order or Agreement.
1 Education (School Teachers Pay and Conditions of Service) Order; 2 Scottish Joint Negotiating
Committee for Teaching Staff in School Education Conditions of Service Agreement
R2279Before either the Order or Agreement came into force, teachers were generally
required by their contracts to carry out the duties now laid down (1). Members of the
teaching profession not covered by the Order or Agreement (for example higher
education lecturers and teachers in private schools) have similar obligations unless
their contract provides that
1. they are not required to do such work or
2. any such work is included in the hours of work laid down in the contract.
1 Sim v. Rotherham Metropolitan Borough Council  3 WLR 851; R(U) 5/88
R2280In most cases the contract of employment will not state the amount of time to be
spent in duties other than actual teaching. Accept the person's own evidence if it
seems reasonable. If a person states that the time spent on non-teaching duties is
anything up to one third of the time spent teaching, accept this without question.
R2281It may be reasonable to accept a larger proportion than a third depending on the
1. teacher's experience
2. subjects being taught
3. method of teaching
4. amount of homework to be marked
5. number of pupils.
In these cases ask the person to provide a detailed list of non-teaching duties. If
there is still doubt the employer may be able to provide evidence.
R2282The amount of non-teaching work may vary from week to week. For example, a
teacher may need to spend more time marking examination papers or writing
reports at certain times of the year.
R2293 Calculating average hoursIf the claimant or partner is engaged in work where the hours fluctuate, calculate the
average weekly hours (1).
1 JSA Regs 13, reg 42(2)
R2294 Identifying a recognizable cycleSee if there is any pattern of work over a period of time. This is known as a
recognizable cycle (1). A recognizable cycle is a recurring round of events where the
end of a cycle marks the beginning of the next cycle.
Example 1week 1 X hours
week 2 Y hours
week 3 X hours
week 4 X hours
week 5 Y hours
week 6 X hours
There is a recognizable cycle of three weeks (weeks 1 to 3 repeated in weeks 4 to 6).
Example 2month 1 A hours month 2 B hours month 3 A hours month 4 B hours There is a recognizable cycle of 2 months. Example
week 1 X hours week 2 X hours week 3 Y hours week 4 W hours week 5 V hours There is no recognizable cycle. Note:
A cycle may include weeks in which no work is done (2).
1 JSA Regs 13, reg 42(2)(b)(i); 2 reg 42(2)(b)(i)
R2295 Permanent or indefinite contractA recognizable cycle of work can exist at the outset of employment. This would
happen where a person has a permanent or indefinite contract that expressly
provides for a cycle. The contract may expressly provide for periods of work and
periods of no work, for example, school holidays for school ancillary workers are
usually periods of no work.
ExampleJulia works as a school clerk under an indefinite contract that provides for work
during school terms and no work during school holidays. She makes a claim to JSA
during the Easter holidays. The DM decides that Julia's contract establishes a cycle
from its outset.
R2296 Fixed term contracts and casual workersA cycle may be established after one or two years where a claimant is employed
under a succession of fixed term contracts or on a casual basis (perhaps with no
contract)1. DMs should decide each case on its facts. The DM will need to consider
whether two complete cycles would be necessary if one year had not been sufficient
to establish a cycle e.g. in the case of relief cover or occasional work. DMs should
consider whether there is a mutual expectation between the person and the
employer that work will resume after a period of no work.
1 R(JSA) 5/02
ExampleBill is a catering assistant at a secondary school. He has been working on a casual
basis for just over a year. He makes a claim to JSA for the Christmas holiday stating
that he has been asked to return to work after the holidays. Bill tells the DM that he
expects to return to work as he did the previous January. The DM decides that Bill
has established a recognizable cycle of work and that it has not been broken. Bill is
not entitled to JSA because on average he works 16 hours or more a week.
R2297 Supply teachersSupply teachers are likely to be employed on intermittent contracts, each of varying
lengths and separated by periods of non-employment. Every case should be
considered on its own facts with a view to ascertaining whether or not a cycle exists.
Therefore although it is possible that a supply teacher has a recognizable cycle of
work, in practice, work as a supply teacher is unlikely to give rise to a cycle (1).
1 R(JSA) 5/03
R2298 Extra workA person may have a contract for work that specifies when they will and won't be
expected to work. If they work any additional hours during a holiday period, either
for their usual employer or another employer, it does not mean that the contract
does not establish a cycle (1).
1 R(JSA) 5/02
ExampleCeleste is employed as a shop assistant by a students union. The terms of her
employment contract are "Monday to Friday, 8.15 am to 1.15 pm term time only".
Celeste agrees to do extra work stocktaking during the first week of the summer
holidays. She makes a claim to JSA the day after she finishes the extra work. The
DM decides that Celeste's contract establishes a cycle from the outset of the work,
and that the cycle has not been broken by the extra hours of work done during the
R2299 ProbationA recognizable cycle of work can exist from the outset of the contract even if there is
an initial period of probation.
ExampleHarry is employed at a secondary school for 37 hours a week for 38 weeks a year
as a workshop technician. His contract of employment, subject to a 6 month
probationary period, specifies that he is expected to work during term times and not
during school holidays. Harry makes a claim to JSA during the school summer
holidays. The DM decides that he is in a recognizable cycle from the outset of the
contract and, on average, works 16 hours or more a week. He is not entitled to JSA
because he is in remunerative work.
R2306 Recognizable cycle establishedWhere there is a recognizable cycle calculate average hours over one complete
cycle (1). Include, where the cycle involves periods where the person does no work,
those periods, but disregard any other absences.
1 JSA Regs 13, reg 42(2)(b)(i); R(IS) 8/95
R2307 Periods when a person does not workPeriods when a person does not work can fall into the following categories:
1. periods of absence because of sickness, maternity leave, paternity leave or
2. periods of unauthorized absence "without good cause"
3. periods of no work (other than holidays) during which someone is not working
because work is not provided by the employer
4. periods during which someone can be properly regarded as on holiday.
Note: For periods during which someone is not working because they are between
jobs they are not in remunerative work, see DMG R2203 - R2206.
R2308 Sickness, maternity leave, ordinary paternity leave, additional paternity leave, adoption leave and periods of unauthorised absenceWhen someone is absent from work due to sickness, ordinary paternity leave,
additional paternity leave (1), adoption leave (2) or maternity leave (3) the DM should
decide that they are not in remunerative work during such absences (4). When
someone has a period of absence without good cause the DM should treat such an
absence in the same way as proper holidays (5) (see DMG R2315).
1 Employment Rights Act 1996, s 80A, 80B, 80AA & 80BB; 2 s 75A & 75B; 3 s 71-73;
4 JSA Regs 13, reg 43(1); 5 JSA Regs, reg 43(1)
R2309 Holidays or periods of no work « R2410The DM should decide that all people (including teaching staff) should only be
regarded as being on holiday for the weeks of holiday for which they are paid (1).
These can be ascertained from the contract of employment (which will usually be in
writing but can be verbal). The fact that pay is
1. spread over a year in equal instalments and
2. enhanced to take account of a lack of holiday entitlement
should not be taken into account when deciding whether someone has paid
1 R(JSA) 5/03
R2310From 1.10.98 legislation was introduced to give most workers a right to paid
holidays. A worker is usually entitled to four weeks paid holiday in any leave year
beginning after 23.11.991.
1 Working Time Regulations 1998 No. 1833, reg 13
R2311 Calculating the number of hours for which a person is engaged in workIf the DM has decided that the claimant or partner is still in employment (see DMG R2203- R2206) (and they are not absent from work due to sickness, maternity,
adoption or paternity leave) they will need to calculate the number of hours for which
the claimant or partner is engaged in work.
Note: If the claimant or partner is in a recognizable cycle but found not to be in
remunerative work, the normal income rules apply. DMs should note that there
cannot be a disregard for final earnings because the work is continuing.
R2312If the claimant or partner works the same number of hours each week when not on
holiday, that is the number of hours worked in each week.
R2313If the claimant's or partner's hours of work fluctuate, the DM should take an average
1. as per DMG R2322 et seq if there is no cycle of work or
2. as per DMG R2315 et seq if there is a cycle of work.
R2314(1) requires that in cycle cases where the hours of work fluctuate, the
average should be calculated by taking into account periods in which the person
does not work while disregarding other absences. DMs should only deduct periods
of holiday, absences without good cause, sickness, maternity, adoption or paternity
leave from the number of weeks in the cycle before dividing the result into the total
number of hours worked in the cycle (2). Periods of no work should not be deducted.
Put another way, it is only periods of holiday, absences without good cause,
sickness, maternity, adoption and paternity leave which are "other absences to be
Note: DMs should no longer follow R(IS) 7/96.
1 JSA Regs, reg 42(2)(b)(i); 2 R(JSA) 5/03
R2316 Yearly cycle with school holidays or similar vacations « R2318Where a person has a contract of employment (written, verbal or implied) which
continues throughout the year, there is a recognizable cycle of one year. Where a
person with such a contract works at a school, educational establishment or any
other place of employment where there are school holidays or similar vacations, the
DM should divide the total number of hours worked during the year by 52 weeks
less any weeks of "other absence"1 (see DMG R2315).
1 R(JSA) 5/03
Jeff, a qualified teacher, has worked as a school tutor for children with special needs
since October 2009. He works on a sessional basis, completing a monthly return of
the number of hours he has taught for which he is paid accordingly. He does not get
paid for holidays, so claims JSA in October 2013. For the academic year 2012/2013
Jeff worked 520 hours.
Note: an academic year includes the summer holidays. By the time he claims JSA
in October 2013 he has completed at least two cycles of academic work, so the DM
decides that his employment has not ended. He has no paid holidays, so the total
hours worked (520) are divided by the weeks in the cycle (52). This gives 10 hours a
week, meaning that Jeff is not in remunerative work.
Megan, a lecturer at a college of further education, has a contract of employment,
which started in January 2013 for 15.5 hours of work a week during academic
terms. There is no entitlement to paid holiday, but the contract states "your rate of
pay allows for the fact that you have no formal entitlement to holiday with the result
that the pay you receive for each hour worked is comparable to that paid to
employees who are entitled to holiday". The academic terms cover 38 weeks but
Megan receives her pay over the calendar year in twelve equal monthly instalments.
In addition to the above work, Megan is employed under additional contracts, which
depend on the demand for other courses which she teaches. In the 2012/2013
academic year she has four other such contracts
1. 7.5 hours a week for 12 weeks in the Autumn term
2. 8.5 hours a week for 10 weeks in the Spring term
3. 7.5 hours a week for 4 weeks in the Summer term
4. 5 hours a week for 6 weeks in the Summer term.
In June 2014 Megan claims JSA for the summer vacation.
The hours of work from all the contracts have to be added together, but should they
be viewed as fluctuations in the cycle of work established by the main contract and
averaged over the whole year, or only added in during the periods covered by the
The additional contracts are with the same employer as the main contract, involve
the same type of work as the main contract and the work under them is done during
the periods of work in the cycle established under the main contract. So the hours
from them should be added to the hours from the main contract and taken into
account over the whole cycle.
She is not entitled to holiday pay. The fact that she receives her pay spread over the
year in equal instalments does not affect this, nor does the fact that she receives an
enhanced rate of pay.
The "holidays" should therefore be taken into account as periods of no work and
included in the averaging.
Total number of hours is 824. Divided by 52 equals 15.8 (i.e. below 16)
Megan is not in remunerative work.
Example 3Emily is employed in a student's union shop for 25 hours per week term-time only.
The academic year covers 31 weeks. She has an annual cycle of work from
September to September. Contractually she was entitled to 30 days paid holiday.
This consisted of 18 days holiday plus 12 public holidays. Four of the public holidays
fell in term-time and Emily did not have to work for those days.
The total number of hours worked during the cycle was 755 (31 weeks x 25 hours -
20 hours of public holidays that fell in term-time).
The total number of paid holidays, 30 days or 6 weeks, should be subtracted from
the number of weeks in the cycle, which gives 46 weeks. The number of hours
worked, 755, is divided by 46 giving an average of hours worked of 16.41. Emily is
in remunerative work (1).
1 R(JSA) 3/04
R2318 Ancillary school workersAncillary school workers are members of the non-teaching staff of schools and other
educational establishments. Where such workers have a yearly cycle of work during
term-time only follow the guidance at DMG R2316. Examples of ancillary school
1. school meals services employees
2. domestic staff
3. clerical staff (such as secretaries and clerks)
4. laboratory workers
5. nursing assistants
6. school bus drivers.
R2319No recognizable cycle established
1. a person has just started work or is about to start work or
2. the hours of work have just changed or are about to change and the change
does not form part of the normal pattern of work or
3. because of absences from work a recognizable cycle has not been established
estimate the hours or the average hours the person is expected to work in a week (1).
1 JSA Regs, reg 43(2)(a)
R2321 « R2327Average the estimated hours over a period long enough to cover the expected
pattern of work (1). Consider the case where there is sufficient evidence to average
the actual hours worked.
1 R(IS) 8/95
for supersession and a recognizable cycle has not been established calculate
average weekly hours over
1. the five weeks immediately before the date of claim or the date on which a
superseding decision is made (1) or
2. a longer or shorter period immediately before the date of claim, the date of
decision or the date of application for supersession if the five week period in
1. does not give a fair average.
Note: "Immediately before" in this context means the end of the last complete week
before the date of claim, date of decision or date of application for supersession.
1 JSA Regs, reg 43(2)(b)(ii)
R2323Include in the calculation at DMG R2322 any periods of non-working within the
normal pattern of employment (rest periods)1. Do not include periods of non-working
after the employment has ended.
1 R(IS) 12/95
R2324Examples of circumstances in which it may not be appropriate to use the five week
period in DMG R2322 1. are where the
1. five weeks contain a period of absence which distorts the average or
2. five weeks do not show the person's normal pattern of working hours, for
example they include a short period of overtime which is not typical, or
reduced hours because of unusual slackness in the business or
3. person is paid at intervals of longer than a week.
In either of the circumstances in 1. or 2. a period of less than five weeks as in
DMG R2322 2. might give a fairer result. Extending the period beyond the last
five weeks would still include the distortions so in these circumstances
estimate future hours as in DMG R2320.
R2325If the DM bases a weekly average of hours over a period of more or less than five
weeks, as in DMG R2322 2., the alternative period must still be a period
immediately before the date of claim or the date the superseding decision is made.
It should be either
1. more than the five week period in DMG R2322 1., in which case it will include
those five weeks or
2. less than the five week period in DMG R2322 1., in which case it will be a part
of those five weeks immediately before the date of claim or the date on which
a superseding decision is made.
R2326The approaches outlined in DMG R2320 and DMG R2322 are alternatives. There is
no provision for the DM to calculate an average of weekly hours over a past period
of actual work and a future period of expected work.
R2327 Short-time workersEmployers experiencing a fall in business may put their employees on short-time
working. This can be
1. a reduction in hours worked each day or
2. no work on certain days of the week or
3. work restricted to certain weeks, for example week on, week off.
Follow the guidance in DMG R2320 - R2321 and estimate future hours (1) at the start
of short-time working until average hours over a past period can be calculated (2).
Periods of no work should be included in the average.
1 JSA Regs 13, reg 42(2)(a); R(IS) 8/95; 2 JSA Regs 13, reg 42(2)(b)(i) & (ii)
R2338 Changes to the normal hoursOnce the normal hours of work have been established, a person may work different
hours for a period falling outside the normal pattern of working. Where this happens
determine whether the change
1. represents a new pattern of working hours. If so, re-calculate the hours of
work and supersede the decision as necessary or
2. represents a short-term change in the normal pattern. If so, identify the period
in which abnormal hours are worked and supersede the decision based on
the remunerative work for that period or
Note: In this way a claimant normally entitled to JSA could be excluded under
the remunerative work rules. Likewise, a person normally excluded could
become entitled if temporary circumstances such as illness, adverse weather
conditions or breakdown of equipment caused a reduction in working hours.
3. means that the period over which average hours were calculated needs to be
extended to include the period of change. For example, where an ice-cream
seller's hours of work increase during a spell of hot weather and the DM
decides that the previous calculation of average hours was based on an
unrepresentative period. In such a case recalculate average hours over
3.1 the cycle of work if there is now a recognizable cycle (1) or
3.2 the five week period or other more suitable period immediately before
the date of application for supersession (2).
1 JSA Regs 13, reg 42(2)(b)(i); 2 reg 42(2)(b)(ii)
R2339 Seasonal workersThe normal remunerative work rules apply to S/E seasonal workers.
R2340 Averaging the hoursCalculate average hours
1. if there is a recognizable cycle - over one complete cycle of work (this will
usually be one year (1)). Include periods in which the person does no work, but
exclude other absences such as holidays or sickness (2) or
2. if there is no recognizable cycle - over the five week period, or other more
suitable period, immediately before the date of claim, or the date a
supersession decision is made (3).
Include in the calculation time spent on all activities connected with the
1 R(JSA) 1/03; 2 JSA Regs 13, reg 42(2)(b)(i); 3 reg 42(2)(b)(ii)
ExampleFor the last 5 years Ethan has been a S/E seasonal worker as a travelling showman
operating children's rides. His on-season runs for 7 months June to December and
for this period he worked 60 hours per week. He did no work in the off-season from
January to May. He stated that he retained all of the equipment necessary for his
work to recommence and that he would resume work the following June. The DM
decides that the claimant had a cycle of one year and that the hours should be
averaged over the whole cycle. The average hours worked were over 30 and the
DM decided that the claimant was in remunerative work.
R2341 Agency and casual workersThe normal remunerative work rules apply to claimants who find employment
through agencies or are employed on a casual basis. Whether the employment is
ongoing is relevant.
R2342Where the employment ends after each period of work, periods of unemployment
should not be included in the calculation of average hours.
R2343Where employment is ongoing, periods when the person does no work should be
included in the calculation of average hours.
Note: See ADM Chapter S2: JSA and employed earners for guidance on when
employment ends. If a claim is made after employment is terminated, the person will
not be in remunerative work.
[R2344-R2389]People treated as in remunerative work
R2390 Introduction « R2214In JSA and IS people can be treated as in remunerative work even though they are
absent from remunerative work. This rule does not apply where people are absent
1. are ill or
2. are pregnant and have a right to return to work or
3. have given birth to a child and have a right to return to work or
4. are on paternity leave or
5. are on adoption leave (1).
1 JSA Regs 13, reg 43(1)
R2391Treat claimants as in remunerative work for any period during which they are
1. absent without good cause (1) or
2. absent by reason of a recognized, customary or other holiday (2) or
3. covered by earnings received from remunerative work (3).
1 JSA Regs 13, reg 43(1); 2 reg 43(1); 3 reg 43(3)
R2397 Absence from work without good causeIf a person is absent from remunerative work without good cause the remunerative
work exclusion will still apply. It cannot apply where the work is not remunerative as
in DMG R2210 et seq.
R2398If a person is absent from remunerative work with good cause the remunerative
work exclusion will not apply.
R2399 Good cause"Good cause" is for the DM to determine. The onus is on the claimant to show that
good cause exists. Whether or not the employer has authorized the absence may
be an indication of good cause but is not conclusive. Taking days off work for no
apparent reason is not good cause.
R2400Examples of good cause include where the absence is due to
1. bereavement or sudden serious illness in the family or
2. a disaster at home or
3. suspension from work, whether or not on full pay or
4. a requirement to attend court.
R2410 Recognized, customary or other holidayA person should be treated as in remunerative work for any period of absence
because of a recognized, customary or other holiday (1). This is the case even if there
is no permanent contract of employment. But this will not apply where the
1. absence is not a holiday (see DMG R2309) or
2. work is not remunerative as in DMG R2210 et seq or
3. claimant goes on holiday after employment ends. But see DMG R2435 et seq
where payments of holiday pay lead to the person being treated as in
See Appendix 3 to this Chapter for guidance on what is a recognized, customary or
1 JSA Regs 13, reg 43(1)
R2435 Payment on termination or interruption of employment « R2410A person who was, or was treated as being engaged in remunerative work is
excluded from JSA and IS for the period over which certain payments, paid on
termination of that employment, fall to be taken into account (1). Some payments are
disregarded (2) (see DMG 26583 et seq).The relevant payments depend on which
benefit is claimed.
1 JSA Regs 13, reg 43(2); 2 reg 43(3), Sch 1, para 2
not being in remunerative work. These are where the person is
1. engaged by a charity or voluntary organization or is a volunteer (1) or
2. engaged on a training scheme (2) or
3. engaged in specific occupations (3) or
4. performing duties as a councillor (4) or
5. engaged as a foster parent or in providing respite care (5) or
6. engaged in an activity which attracts a sports award (6) or
7. engaged on Work Experience employment programme (7).
Where a person has an additional occupation the remunerative work rules apply in
the normal way to the additional occupation.
1 JSA Regs 13, reg 44(1)(a); 2 reg 44(1)(b); 3 reg 44(1)(c);4 reg 44(1)(d);
5 reg 44(1)(e); 6 reg 44(1)(f); 7 reg 44(g)
R2467 Charity or voluntary workers and volunteersPeople are treated as not being in remunerative work where they are engaged by a
charity or voluntary organization or are volunteers and
1. the only payment
due to be paid is for expenses incurred and 2. they receive no remuneration or profit and
3. they are not treated as having notional earnings (1) (see DMG 28389 - 28391).
1 JSA Regs 13, reg 44(1)(a)
R2468 Meaning of voluntary organizationA voluntary organization is a body, other than a public authority or LA, whose
activities are not carried out for profit (1).
1 JSA Regs 13, reg 2(1)
R2469 Meaning of volunteerA volunteer is a person
1. who is engaged in voluntary work for someone who is not a relative and
2. where the only payment that person receives or is due to be paid to that
person is in respect of expenses they have reasonably incurred in connection
with that work (1).
1 JSA Regs 13, reg 44(2)
R2470 Engaged on a training schemeTreat people as not being in remunerative work where they are on a training
scheme for which a training allowance (see DMG R2008 - R2009) is being paid.1.
1 JSA Regs 13, reg 44(b)
R2474 Engaged in specific occupationsPeople are treated as not being in remunerative work where they are
1. working as a part-time firefighter (1)
1.1 in England but live in Scotland or
1.2 in Scotland but live in England or
2. auxiliary coastguards for coastal rescue activities (23) or
3. working P/T in the crewing or launching of a lifeboat (3) or
4. members of a territorial or reserve force (4).
1 JSA Regs 13, reg 44(1)(c)(i); Fire (Scotland) Act 2005, s 1A; 2JSA Regs 13, reg 44(1)(c)(iii);
3 reg 44(1)(c)(vi); 4 reg 44(1)(c)(v)
R2475 CouncillorsPeople who perform duties as a councillor are treated as not being in remunerative
1 JSA Regs 13, reg 44(1)(d)
R2476 Meaning of councillorIn England and Wales a councillor is a member of
1. a London Borough council or
2. a county or county borough council or
3. a district council or
4. a parish or community council or
5. the Common Council of the City of London or
6. the Council of the Isles of Scilly (1).
1 SS CB Act 92, s 171F(2)(a)
R2477In Scotland a councillor is a member of
1. a regional council or
2. an islands council or
3. a district council (1).
1 SS CB Act 92, s 171F(2)(b)
Foster parents and people providing respite care
R2478 Foster parentsPeople who receive payments from
2. a voluntary organization or
3. in Scotland, a care authority for fostering a child or young person are treated as not being in remunerative work (1). Note: See DMG 28380 for guidance on the income disregard of these payments.
1 JSA Regs 13, reg 44(1)(e)
R2479 People providing respite carePeople who provide respite care are treated as not being in remunerative work (1) if
1. the person requiring care is being cared for in the claimant's home and
2. the person requiring care is not normally a member of the claimant's
3. the only payments received are specified payments (2) from a
3.3 voluntary organization
3.4 a primary care trust or
3.5 the person concerned under specified legislation (3).
Note: See DMG 28384 - 28385 for guidance on the income disregard of these
1 JSA Regs 13, reg 44(1)(f); 2reg 60(2)(b) & (c); 3 NA Act, s 26(3A)
R2480 Sports awardsPeople are treated as not being in remunerative work (1) if
1. they are engaged in an activity for which a sports award has been or is to be
made (2) and
2. no other payment is made or expected to be made to them in respect of the
1 JSA Regs 13, reg 44(1)(f); 2 reg 44(1)(f)(i); 3 reg 44(1)(f)(ii)
R2481 Meaning of sports awardA sports award (1) is an award made by one of the Sports Councils named in National
Lottery law (2) and out of sums allocated under that law.
1 JSA Regs 13, reg 2(1); 2 National Lottery etc. Act 1993, s 23(2)
R2482 Work experienceWork experience is an opportunity for JSA claimants aged 18 and over to gain
experience in the workplace for between two and eight weeks (1).
1 E &T Act 73, s 2
[R2483-R2554]People in relevant education
What constitutes relevant education
R2555 IntroductionA person shall be treated as receiving relevant education if they are a qualifying
young person (1), although there are certain exceptions (see ADM xxxxx).
1 JSA Regs 13, reg 45(1)(a)
R2556 Definition of a qualifying young person « R2566A qualifying young person (1) is a person who has reached age 16 but not the age of
1. up to but not including the 1 September following their 16th birthday and
2. up to but not including the 1 September following their 19th birthday, if they
are enrolled in or accepted for approved training or a course of education and
that training or course
2.1 is not a course of advanced education and
2.2 is provided at a school or college, or elsewhere if it is approved by the
Secretary of State and
2.3 means that the qualifying young person is spending on average, 12
hours per week during term time (excluding meal breaks) in receiving
tuition, undertaking practical work, supervised study or taking exams.
1 JSA Regs 13, reg 45(7)
R2557 What is approved training « R2558Approved training means training as provided for in legislation (1) and which is
approved by the Secretary of State (2).
1 E&T Act 73, s 2(1); Enterprise & New Towns (Scotland) Act 90; 2 JSA Regs 13, reg 45(9)
R2558 When is a person not a qualifying young personA person is not a qualifying young person (1) where they
1. are aged 19 and have not started education or training or been enrolled or
accepted for it before reaching age 19 or
2. satisfy the conditions in R2557 2. above and their education or training is
provided through a contract of employment or
3. are receiving UC, ESA or JSA.
1 JSA Regs 13, reg 45(8)
R2559 What is relevant education « R2566Relevant
education (1) means undertaking
1. a full-time course of advanced education and
2. any other full-time course of study or training at an educational establishment
for which a student loan, grant or bursary is provided for the persons
maintenance (or would be available if applied for).
1 JSA Regs 13, reg 45(1)(b)
R2560A course of advanced education (1) means
1. a course of study leading to
1.1 a postgraduate degree or comparable qualification
1.2 a first degree or comparable qualification
1.3 a diploma of higher education
1.4 a higher national diploma or
2. any other course of study which is of a standard above advanced GNVQ or
equivalent including a course which is of a standard above the advanced level
of a general certificate of education or above the higher or advanced higher
level of a Scottish national qualification.
1 JSA Regs 13, reg 45(2)
R2561 What is a student loanA student loan (1) is a loan towards a student's maintenance which arises from
specific legislation (2) and includes a young student's bursary in Scotland (3).
1 JSA Regs 13, reg 45(9); 2 Teaching & Higher Education Act 98, s 22;
Education (Scotland) Act 80, s 73; Education (Student Support) (Northern Ireland) Order 98, art 3;
3 Students's Allowances (Scotland) Regs 07, reg 4(1)(c)
1. throughout the period
1.1 beginning on the date that the person starts undertaking the course
1.2 ending on the last day of the course or on such earlier date (if any) as
the person abandons or is dismissed from that course or
2. where a person is undertaking a part of a modular course, for the period
2.1 beginning on the day which that part of the course starts and
2.2.a on the last day on which the person is registered with the
provider of the course, or part of the course, as undertaking
that part or
2.2.b on such earlier date (if any) as the person finally abandons the
course or is dismissed from it.
1 JSA Regs 13, reg 45(4)
R2563The period in R2562 2. above includes (1) any period
1. where a person is undertaking the course again for the purpose of retaking
exams or a module that they have previously failed and
2. of vacation within the period on R2562 2. above or immediately following that
period, except where a person has registered with the provider of the course,
or part of the course, to attend or undertake the final module in the course
and the vacation immediately follows the last day on which the person is to
attend or undertake the course.
1 JSA Regs 13, reg 45(5)
R2564 What is a modular course « R2565A modular course is one made up of two or more modules and for a person to be
considered by the educational establishment to have completed the course, they
must have completed a specified number of modules (1).
1 JSA Regs 13, reg 45(9)
R2565 Person not regarded as undertaking a courseA person is not to be regarded as undertaking a course (1) for any part of the period
described in paragraph R2564 above where the person
1. has, with the consent of the relevant educational establishment, ceased to
attend or undertake the course because they are ill or caring for another
2. has recovered from that illness or ceased caring for that person within the
past year but has not yet resumed the course and
3. is not eligible for a grant or student loan.
1 JSA Regs 13, reg 45(6)
R2566 Being treated as a qualifying young personWhere a person does not satisfy the criteria of a qualifying young person as in
R2556and is not undertaking a course of relevant education as described in R2559,
they can be treated as receiving relevant education if the claimant is undertaking a
course of study or training that is not compatible with any work related requirement
that has been imposed by the Secretary of State (1).
1 JSA Regs 13, reg 45(3)
R2701 Waiting days[See ADM memo ADM 22 14] A claimant is not entitled to JSA for the first 3 days of a
JSP (1). These 3 days are called waiting days (2).
1 JS Act 95, Sch 1, para 4; 2 JSA Regs 13, reg 36(2)
R2702 Claimants who do not have to serve waiting daysClaimants do not have to serve waiting days (1) if their entitlement to JSA began within
12 weeks of the end of their entitlement to
1. IS or
2. IB or
3. ESA or
1 JSA Regs 13, reg 36(1)
[R2703-R2959]Limited capability for work
R2960 IntroductionClaimants are entitled to JSA if they do not have LCW or are not treated as not
having LCW (1).
1 JS Act 95, s 1(2)(f) & Sch 1, para 2(1); SS CB Act 92, Part XIIA
R2961 Treated as capable/not having limited capability for work - short periods of sickness « R2976A person who
1. has (1)
1.1 been awarded JSA or
1.2 satisfy the requirements for entitlement to JSA or
1.3 had certain types of sanction imposed on them and
2. they prove to the DM that they are unable to work because of some specific
disease or disablement (see DMG R2967 - R2968)2 and
3. they would satisfy the requirements for entitlement to JSA (other than
capability and not having LCW) if it was not for their disease or disablement
(see DMG R2963)3
is to be treated as capable of work/not having LCW for a period not exceeding two
weeks beginning on the day on which the conditions in 1. to 3. above are satisfied.
However, where the claimant has stated in writing that they intend to claim or have
made a claim for ESA for that period of sickness, then the provisions of this
paragraph will not apply and entitlement to JSA will cease.
1 JSA Regs 13, reg 46(1)(a); 2 reg 46(1)(b); 3 reg 46(1)(c)
R2962 Evidence of incapacity/limited capability for workThe claimant must make a declaration in writing, in a form approved by the
Secretary of State, that they have been unfit for work from a date, or for a period
they have specified in that declaration (1).
1 JSA Regs 13, reg 46(2)
R2963 - R2974
R2975 Already treated as capable/not having limited capability for work twice or more in the jobseeking period or yearA claimant can only be treated as capable/not having LCW on two occasions in any
one JSP. The two occasions must be separated by at least one day to be separate
periods. But if the JSP lasts for more than a year, then the claimant can be treated
as capable/not having LCW twice in every year. Years are calculated from the first
day of the JSP (1).
1 JSA Regs 13, reg 46(3)
ExampleThe JSP begins on 4.1.14 and ends on 3.2.16. The claimant can be treated as
capable twice in the year from 4.1.14 to 3.1.15, twice in the year from Wednesday
4.1.15 to 3.1.16 and twice in the year from 4.1.16.
R2976 When do these treated as provisions not applyThe treated as provisions as described in R2961 above will not apply where
1. the first day that they are unable to work falls within 8 weeks after the day the
person ceased to be entitled to SSP (1) or
2. the claimant is temporarily absent from GB (2).
1 JSA Reg 13, reg 46(4); 2 reg 41(5); reg 46(5)
R2977 NHS treatment abroadA claimant can be treated as capable of work/not having LCW if
1.1 been awarded JSA or
had a certain type of sanction imposed on them and
2. they are temporarily absent from GB for the purpose of receiving NHS
treatment abroad (2) (see ADM Chapter C3) and
3. they prove to the DM that they are unable to work because of some specific
disease or disablement (3) (see DMG R2967 - R2968) and
4. they would satisfy the requirements for entitlement to JSA (other than
capability/not having LCW) if it was not for their disease or disablement (4) and
have not stated in writing, before a period of temporary absence abroad
begins, that they have claimed ESA immediately before the beginning of the
period of absence (5).
1 JSA Regs 13, reg 47(1)(a); 2 reg 47(1)(b); 3 reg 47(1)(c); 4 reg 47(1)(d); 5 reg 47(1)
R2978 Evidence of incapacity/limited capability for workThe claimant must make a declaration in writing, in a form approved by the
Secretary of State, that they have been unfit for work from a date, or for a period
they have specified in that declaration (1).
1 JSA Regs 13, reg 47(2)
R2985 Treated as capable - personal capability assessment (incapacity for work)The DM should treat claimants as capable of work if (1)
1. they are
1.1 incapable of work under the PCA (see DMG Chapter 13) or
1.2 treated as incapable of work because they have a severe condition (2) or
there are exceptional circumstances (3) and
2. they have
2.1 worked or been in education or done training, or other activities, in
preparation for work while suffering from the same illness or disability
which led to the finding of incapacity and
2.2 since then the illness or disability has not got worse and they are not
suffering from a different illness or disability which might affect their
capability for work or
3. they can show that they have reasonable prospects of getting employment.
1 SS (IW) (Gen) Regs, reg 17A; 2 reg 10; 3 reg 27
ExampleJoe, who is blind, works as a switchboard operator for a small building supplies
company. He breaks his leg and is unfit to work, due to complications for 16 months.
He is claiming IB and is treated as incapable of work under the PCA as he is blind.
His employer sacks Joe after ten months and finds someone else to replace him.
After 16 months his doctor tells him that his leg is fully healed and he can go back to
work. Joe attends the Jobcentre Plus office and claims JSA.
He is treated as incapable of work under PCA, but he worked whilst blind and his
blindness has not worsened. Also, his broken leg has now healed and no longer
affects his capability for work. The DM treats him as capable.
R2986 Treated as not having limited capability for work (employment and support allowance)A claimant who
2. can show they have a reasonable prospect of obtaining employment
is to be treated as not having LCW (see DMG Chapter 42) throughout the period of
that claim (1). This applies even where it has been determined that the claimant has
LCW or is to be treated as having LCW (2).
1 ESA Regs, reg 31(1); 2 reg 31(2)
R2987Capable of work
R2988 Meaning of capable of workThe DM has to apply the tests of incapacity as applied in IB claims (1) to determine
whether or not someone is capable of work (2) (see DMG Chapter 13).
1 SS CB Act 92, part XIIA; 2 JS Act 95, Sch 1, para 2
R2997 Medical evidenceFor JSA, claimants do not have to provide medical evidence to show that they are
capable of work, unless there is a doubt about this (1).
1 SS (IW) (Gen) Regs, reg 6(3)(a)