Social security

Income support and jobseeker's allowance - ancillary school worker with recognisable cycle of work of one school year required to work only during school term - unpaid holiday periods to be excluded in calculating weekly average hours of workBanks v Chief Adjudication Officer: HL (Lord Slynn of Hadley, Lord Cooke of Thorndon, Lord Hope of Craighead, Lord Millett and Lord Scott of Foscote): 28 June 2001The claimant was employed as a special needs assistant at a school where he was required to work during the school term and was not paid during the school holiday periods.

He was unable to obtain any other employment during two periods of school holidays in 1996.

He applied for income support under regulation 5 of the Income Support (General) Regulations 1987 in respect of the first period, and for jobseeker's allowance under regulations 51 and 52 of the Jobseeker's Allowance Regulations 1996 in respective of the second period.

The adjudication officer calculated the claimant's average weekly hours of work by reference to the number of weeks he worked during the school term and not by the 52 weeks of his 'recognisable cycle of work' of one school year.

Consequently the claimant's average hours of work exceeded 16 hours a week, making him ineligible for income support and jobseeker's allowance.

The social security appeal tribunal upheld that decision.

The social security commissioner allowed the claimant's appeal.

The Court of Appeal [1999] Gazette, 27 October, 36; [2000] 1 All ER 686 allowed an appeal by the Chief Adjudication Officer.

The claimant appealed.Richard Drabble QC and Helen Mountfield (instructed by director of legal services, UNISON) for the claimant.

David Pannick QC and Nathalie Lieven (instructed by the solicitor, Department of Social Security) for the chief adjudication officer.Held, dismissing the appeal (Lord Cooke of Thorndon and Lord Scott of Foscote dissenting), that on a true construction of regulation 5(2)(b)(i) together with regulation 5(3B) of the 1987 Regulations, and regulation 51(2)(b)(i) together with regulation 51(2)(c) of the 1996 Regulations, the average hours of work per week of a claimant who had a recognisable cycle of work at a school but who did not work during school holidays was to be calculated by disregarding those holiday periods; and that therefore the claimant's average weekly hours of work had been correctly calculated and he was not entitled to either benefit.

(WLR)