The appellant first applied for income support and then for job seeker’s allowance in respect of periods between terms. He was employed as a classroom assistant in a school, and was not paid outside term. He sought but could not obtain work. He was denied benefits. He claimed that when averaged over the year including holidays.
Held: With some reluctance, since the school year imposed a recognisable cycle, the rules which required holiday periods to be disallowed when calculating the average must be applied, which defeated his claim for benefits.
Citations:
Times 29-Jun-2001, Gazette 09-Aug-2001, [2001] UKHL 33, [2001] 1 WLR 1411
Links:
Statutes:
Income Support (General) Regulations 1987 (1987 No 1967) 5(3B), Jobseekers Allowance Regulations 1996 (1996 No 207) 51(2)(c)
Citing:
Appeal from – Chief Adjudication Officer v Stafford; Same v Banks CA 27-Oct-1999
The provisions for requiring the averaging of pay over entire cycles of work were applied to ensure that workers who worked part time for educational establishments and who were not paid when the schools were closed, were not able to receive . .
Cited by:
Appealed to – Chief Adjudication Officer v Stafford; Same v Banks CA 27-Oct-1999
The provisions for requiring the averaging of pay over entire cycles of work were applied to ensure that workers who worked part time for educational establishments and who were not paid when the schools were closed, were not able to receive . .
Lists of cited by and citing cases may be incomplete.
Employment, Benefits
Updated: 19 May 2022; Ref: scu.79047