The Social Security (Unemployment, Sickness and Invalidity Benefit) Amendment Regulations 1990

Made: 23rd July 1990

Laid before Parliament: 30th July 1990

Coming into force: 20th August 1990

The Secretary of State for Social Security, in exercise of the powers conferred by sections 17(1)(a)(i) and (2)(a), 20A(2) and 166(1) to (3) of the Social Security Act 1975[^f00001] and of all other powers enabling him in that behalf, after agreement by the Social Security Advisory Committee that the proposals to make these Regulations should not be referred to it[^f00002], hereby makes the following Regulations:

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Social Security (Unemployment, Sickness and Invalidity Benefit) Amendment Regulations 1990 and shall come into force on20th August 1990.

• (2) In these Regulations “the principal Regulations” means the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983[^f00003].

Amendment of regulation 7 of the principal Regulations

2

In regulation 7(1)(i) of the principal Regulations (days not to be treated as days of unemployment) for the words “specified place for such an interview,” there shall be substituted the words “place specified in that further notice and there attends an interview in connection with his prospects of employment,”.

Amendment of regulation 12G of the principal Regulations

3

In regulation 12G of the principal Regulations (trial periods)—

• (a) at the beginning of paragraph (1) there shall be inserted the words “Subject to paragraph (1A),”;

• (b) after paragraph (1) there shall be added the following paragraph—

(1A) For the purposes of paragraph (1), a person shall not be regarded as having— (a) worked in employed earner’s employment; (b) been a self-employed earner; or (c) been in full-time education; by reason only of any engagement in an activity mentioned in regulation 9 or 10 (lifeboat and part-time fire brigade duties and duties undertaken in an emergency) or by his attendance for a period of up to 14 days at a work camp within the meaning of regulation 11 (availability of persons attending work camps).

Amendment of regulation 13 of the principal Regulations

4

In regulation 13 of the principal Regulations (reckoning of periods of interruption of employment)—

• (a) for paragraph (1) there shall be substituted the following paragraph—

(1) For the purpose of reckoning periods of interruption of employment, and for that purpose only— (a) a person shall be deemed to be available to be employed in employed earner’s employment on any day specified in paragraph (2); (b) a person shall be deemed to be actively seeking employed earner’s employment in any week which includes such a day; and any such day shall be treated as a day of unemployment.

• (b) after paragraph (2) there shall be added the following paragraph—

(3) For the purpose of paragraph (1) “week” shall mean any period of 7 days.

Amendment of regulation 14 of the principal Regulations

5

In regulation 14 of the principal Regulations (reckoning of periods of interruption of employment for persons approaching retirement)—

• (a) for paragraph (2) there shall be substituted the following paragraph—

(2) For the purpose of reckoning periods of interruption of employment, and for that purpose only— (a) a person shall be deemed to be available to be employed in employed earner’s employment on any day specified in paragraph (3); (b) a person shall be deemed to be actively seeking employed earner’s employment in any week which includes such a day; and any such day shall be treated as a day of unemployment.

• (b) in paragraph (3)(c)(iii) after the words “payment of occupational” there shall be inserted the words “or personal”;

• (c) in paragraph (5)—

• (i) after the words “employed earner’s employment” there shall be inserted the words, “or actively seeking such employment”;

• (ii) the words “(” week “for this purpose meaning any period of 7 days)” shall be omitted;

• (d) after paragraph (6) there shall be added the following paragraph—

(7) For the purposes of paragraphs (2) and (5) “week” shall mean any period of 7 days.

Signed

Signed by authority of the Secretary of State for Social Security

Nicholas Scott — Minister of State, — Department of Social Security — 23rd July 1990

Explanatory note

(This note is not part of the Regulations)

These regulations further amend the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983 by—

• (a) providing that a person must attend an interview in connection with his prospects of employment on or before a date notified to him if he is to be eligible for unemployment benefit for any day after that date (regulation 2);

• (b) providing that lifeboatmen, part-time firemen, persons who undertake duties in an emergency and persons attending work camps are not, by virtue of their participating in those activities, excluded from the opportunity of taking up a trial period of employment (regulation 3);

• (c) providing for the purpose of the reckoning of periods of interruption of employment that certain persons are to be deemed to be actively seeking employment and making it clear that for that purpose a day shall be treated as a day of unemployment where a person’s entitlement to benefit is abated in full on account of his receipt of a personal pension (regulations 4and 5).

Footnotes

[^f00001]: 1975 c. 14; section 17(1)(a)(i) was amended by the Social Security Act 1989 (c. 24), section 10(2); section 20A was inserted by section 12(4) of that Act and section 166(3) was amended by paragraph 10(1) of Schedule 8 to that Act.

[^f00002]: Seesections 9 and 10 of the Social Security Act 1980 (c. 30).

[^f00003]: S.I. 1983/1598; the relevant amendments are contained in the Employment Act 1988 (c. 19), section 24(3), and the following Regulations: S.I. 1986/1375, 1988/1843, 1989/1324.