LIST OF CASES / Banks v Chief Adjudication Officer HL 2001

[2001] UKHL 33, [2001] ICR 877, HL.

NOTES

Banks v Chief Adjudication Officer [2001] UKHL 33, [2001] ICR 877, House of Lords on 28th June 2001 (also reported at TLR 29th June 2001) originally Stafford & anor v Chief Ajudication Officer, but Mr Stafford withdrew his appeal so "anor", a Mr Banks, continued on his own).

The full text House of Lords judgment is available free of charge on the BAILII website.
.

Authority for the proposition that:-

for the purposes of the Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1995 (SI 1995/516), and reg 51(2)(c) of the Jobseeker's Allowance Regulations 1996 (SI 996/207) a school worker is to be treated as being "in remunerative work" during school holidays but nevertheless those holidays are disregarded for the purpose of establishing the average number of hours he/she works.

This has the effect that his/her average hours of work must be assessed by reference to periods of actual work not by reference to the 52 weeks of a calendar year. If (as would be normal and as was the position in this case) the average so calculated works out at more than 16 hours work per week he/she will be disqualified from entitlement to Income Support or Job Seekers Allowance even though his/her earnings are below poverty level.

For relevant general notes see Specific employments/teachers/a general note and/or Social Security/employment related benefits/jobseekers allowance

FINISH>