§ Mr. WinnickTo ask the Secretary of State for Social Security what is the latest position regarding the payment of Jobseeker's Allowances to school ancillary employees during the school holidays. [128293]
§ Angela EagleThe current legal position, confirmed by the Court of Appeal in October 1999, is that ancillary workers with an on-going contract of employment, who are not entitled to Jobseeker's Allowance (JSA) or Income Support (IS) during term-time because of the hours they work, are also not entitled to JSA or IS during the school holidays. We understand that leave to appeal to the House of Lords against the Court of Appeal decision was granted on 11 April.
Where any doubts exist over entitlement to JSA or Income Support, school ancillary workers may make a claim, which will be decided on an individual basis. School ancillary workers with low incomes may still claim in-work benefits such as Housing Benefit and Council Tax Benefit. Those with children may also be eligible for the Working Families Tax Credit.