Выступление Постоянного представителя Российской Федерации А.К.Лукашевича - О ситуации на Украине и необходимости выполнения Минских договоренностей
An allowance, to be known as a jobseeker’s allowance, shall be payable in accordance with the provisions of this Act.
Subject to the provisions of this Act, a claimant is entitled to a jobseeker’s allowance if he—
is available for employment;
has entered into a jobseeker’s agreement which remains in force;
is actively seeking employment;
satisfies the conditions set out in section 2;
the conditions set out in section 2; or
the conditions set out in section 3;
is not engaged in remunerative work;
does not have limited capability for work;
is not receiving relevant education;
is under pensionable age; and
is in Great Britain.
Subject to the provisions of this Act, a claimant who is not a member of a joint-claim couple is entitled to a jobseeker’s allowance if he satisfies—
the conditions set out in paragraphs (a) to (c) and (e) to (i) of subsection (2); and
the conditions set out in section 3.
A jobseeker’s allowance is payable in respect of a week.
Subject to the provisions of this Act, a joint-claim couple are entitled to a jobseeker’s allowance if—
a claim for the allowance is made jointly by the couple;
each member of the couple satisfies the conditions set out in paragraphs (a) to (c) and (e) to (i) of subsection (2); and
the conditions set out in section 3A are satisfied in relation to the couple.
In this Act—
“work availability requirement” has the meaning given by section 6E;
an annuity contract or trust scheme approved under section 620 or 621 of the Income and Corporation Taxes Act 1988 or a substituted contract within the meaning of section 622(3) of that Act which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(f) of Schedule 36 to the Finance Act 2004; and
“employee” and “employer” have such meaning as may be prescribed.
“a joint-claim jobseeker’s allowance” means a jobseeker’s allowance entitlement to which arises by virtue of subsection (2B).
a period of a determinate length but subject to earlier determination upon the happening of a future event;
Regulations may prescribe circumstances in which subsection (2A) is to apply to a claimant who is a member of a joint-claim couple.
Regulations may, in respect of cases where a person would (but for the regulations) be a member of two or more joint-claim couples, make provision for only one of those couples to be a joint-claim couple; and the provision which may be so made includes provision for the couple which is to be the joint-claim couple to be nominated—
by the persons who are the members of the couples, or
in default of one of the couples being so nominated, by the Secretary of State.
The conditions referred to in section 1(2)(d) are that the claimant—
has actually paid Class 1 contributions in respect of one (“the base year") of the last two complete years before the beginning of the relevant benefit year and satisfies the additional conditions set out in subsection (2);
has, in respect of the last two complete years before the beginning of the relevant benefit year, either paid Class 1 contributions or been credited with earnings and satisfies the additional condition set out in subsection (3);
does not have earnings in excess of the prescribed amount; and
is not entitled to income support.
The additional conditions mentioned in subsection (1)(a) are that—
the contributions have been paid before the week for which the jobseeker’s allowance is claimed;
the claimant's relevant earnings for the base year upon which primary Class 1 contributions have been paid or treated as paid are not less than the base year's lower earnings limit multiplied by 26.
Regulations may make provision for the purposes of subsection (2)(b) for determining the claimant's relevant earnings for the base year.
The additional condition mentioned in subsection (1)(b) is that the earnings factor derived from so much of the claimant’s earnings as did not exceed the upper earnings limit and upon which primary Class 1 contributions have been paid or treated as paid or from earnings credited is not less, in each of the two complete years, than the lower earnings limit for the year multiplied by 50.
Regulations under subsection (2A) may, in particular, make provision—
for making that determination by reference to the amount of a person's earnings for periods comprised in the base year;
for determining the amount of a person's earnings for any such period by—
first determining the amount of the earnings for the period in accordance with regulations made for the purposes of section 3(2) of the Benefits Act, and
then disregarding so much of the amount found in accordance with sub-paragraph (i) as exceeded the base year's lower earnings limit (or the prescribed equivalent).
For the purposes of this section—
“benefit year” means a period which is a benefit year for the purposes of Part II of the Benefits Act or such other period as may be prescribed for the purposes of this section;
“the relevant benefit year” is the benefit year which includes—
the beginning of the jobseeking period which includes the week for which a jobseeker’s allowance is claimed, or
(if earlier) the beginning of any linked period; and
other expressions which are used in this section and the Benefits Act have the same meaning in this section as they have in that Act.
Where primary Class 1 contributions have been paid or treated as paid on any part of a person’s earnings, subsection (3) above shall have effect as if such contributions had been paid or treated as paid on so much of the earnings as did not exceed the upper earnings limit.
Regulations may—
provide for the first set of conditions to be taken to be satisfied in the case of persons—
who have been entitled to any prescribed description of benefit during any prescribed period or at any prescribed time, or
who satisfy other prescribed conditions;
with a view to securing any relaxation of the requirements of the first set of conditions in relation to persons who have been entitled as mentioned in paragraph (a)(i), provide for that set of conditions to apply in relation to them subject to prescribed modifications.
In subsection (3B)—
“the first set of conditions” means the condition set out in subsection (1)(a) and the additional conditions set out in subsection (2);
“benefit” means—
“employment” means employed earner’s employment or, in prescribed circumstances—
The conditions referred to in section 1(2A)(b) are that the claimant—
has an income which does not exceed the applicable amount (determined in accordance with regulations under section 4) or has no income;
is not entitled to income support, state pension credit or an income-related employment and support allowance;
is not a member of a family one of whose members is entitled to income support;
is not a member of a family one of whose members is entitled to an income-based jobseeker’s allowance;
is not a member of a couple the other member of which is entitled to state pension credit;
is not a member of a couple the other member of which is engaged in remunerative work; and
is not a member of a couple the other member of which is entitled to an income-related employment and support allowance;
is a person—
who has reached the age of 18; or
in respect of whom a direction under section 16 is in force; or
who has, in prescribed circumstances to be taken into account for a prescribed period, reached the age of 16 but not the age of 18.
Regulations may provide for one or both of the following conditions to be included in the income-based conditions, in the case of a person to whom subsection (1)(f)(ii) or (iii) applies—
a condition that the claimant must register for employment;
a condition that the claimant must register for training.
In subsection (1)(f)(iii) “period” includes—
a period of a determinate length;
a period defined by reference to the happening of a future event; and
a period of a determinate length but subject to earlier determination upon the happening of a future event.
Regulations under subsection (2) may, in particular, make provision by reference to persons designated by the Secretary of State for the purpose of the regulations.
The conditions referred to in section 1(2B)(c) are—
that the income of the joint-claim couple does not exceed the applicable amount (determined in accordance with regulations under section 4) or the couple have no income;
that no member of a family of which the couple are members is entitled to income support;
that no member of any such family (other than the couple) is entitled to an income-based jobseeker’s allowance;
that neither member of the couple is entitled to state pension credit;
that neither member of the couple is entitled to an income-related employment and support allowance;
that at least one member of the couple has reached the age of 18; and
that if only one member of the couple has reached the age of 18, the other member of the couple is a person—
in respect of whom a direction under section 16 is in force; or
who has, in prescribed circumstances to be taken into account for a prescribed period, reached the age of 16.
Subsections (2) and (4) of section 3 shall apply in relation to a member of the couple to whom subsection (1)(e)(i) or (ii) above applies as they apply in relation to a claimant to whom subsection (1)(f)(ii) or (iii) of that section applies.
In subsection (1)(e)(ii) above “period” shall be construed in accordance with section 3(3).
In the case of a contribution-based jobseeker’s allowance, the amount payable in respect of a claimant (“his personal rate”) shall be calculated by—
determining the age-related amount applicable to him; and
making prescribed deductions in respect of earnings , pension payments, PPF payments and FAS payments.
The age-related amount applicable to a claimant, for the purposes of subsection (1)(a), shall be determined in accordance with regulations.
In the case of an income-based jobseeker’s allowance (other than a joint-claim jobseeker’s allowance), the amount payable shall be—
if a claimant has no income, the applicable amount;
if a claimant has an income, the amount by which the applicable amount exceeds his income.
In the case of a joint-claim jobseeker’s allowance, the amount payable in respect of a joint-claim couple shall be—
if the couple have no income, the applicable amount;
if the couple have an income, the amount by which the applicable amount exceeds the couple’s income.
Except in prescribed circumstances, a jobseeker’s allowance shall not be payable where the amount otherwise payable would be less than a prescribed minimum.
The applicable amount shall be such amount or the aggregate of such amounts as may be determined in accordance with regulations.
Where a claimant is entitled to both a contribution-based jobseeker’s allowance and an income-based jobseeker’s allowance but has no income, the amount payable by way of a jobseeker’s allowance shall be—
the applicable amount, if that is greater than his personal rate; and
his personal rate, if it is not.
Where the amount payable to a claimant to whom subsection (6) applies is the applicable amount, the amount payable to him by way of a jobseeker’s allowance shall be taken to consist of two elements—
one being an amount equal to his personal rate; and
the other being an amount equal to the excess of the applicable amount over his personal rate.
Where a claimant is entitled to both a contribution-based jobseeker’s allowance and an income-based jobseeker’s allowance, the amount payable by way of a jobseeker’s allowance shall be—
the amount by which the applicable amount exceeds his income, if the amount of that excess is greater than his personal rate; and
his personal rate, if it is not.
Where the amount payable to a claimant to whom subsection (8) applies is the amount by which the applicable amount exceeds his income, the amount payable to him by way of a jobseeker’s allowance shall be taken to consist of two elements—
one being an amount equal to his personal rate; and
the other being an amount equal to the amount by which the difference between the applicable amount and his income exceeds his personal rate.
The element of a jobseeker’s allowance mentioned in subsection (7)(a) and that mentioned in subsection (9)(a) shall be treated, for the purpose of identifying the source of the allowance, as attributable to the claimant’s entitlement to a contribution-based jobseeker’s allowance.
The element of a jobseeker’s allowance mentioned in subsection (7)(b) and that mentioned in subsection (9)(b) shall be treated, for the purpose of identifying the source of the allowance, as attributable to the claimant’s entitlement to an income-based jobseeker’s allowance.
Regulations under subsection (5) may provide that, in prescribed cases, an applicable amount is to be nil.
In subsections (6) to (11) “claimant" does not include— but section 4A, which contains corresponding provisions relating to joint-claim couples, applies instead.
a joint-claim couple, or
a member of such a couple (other than a person to whom regulations under section 1(2C) apply);
Where a joint-claim couple make a claim for a joint-claim jobseeker’s allowance, they may nominate one of them as the member of the couple to whom the allowance is to be payable.
In default of one of them being so nominated, the allowance shall be payable to whichever of them is nominated by the Secretary of State.
Subsections (1) and (2) have effect subject to section 4A(4) and (7).
In this Act references to the nominated member of a joint-claim couple are, except where section 20A(7) applies, to the member of the couple nominated under subsection (1) or (2) above; and where section 20A(7) applies, references to the nominated member of such a couple are to the member of the couple to whom section 20A(7) provides for the allowance to be payable.
Nothing in this section or section 20A(7) affects the operation of any statutory provision by virtue of which any amount of the allowance is required or authorised to be paid to someone other than the nominated member of the couple.
The period for which a person is entitled to a contribution-based jobseeker’s allowance shall not exceed, in the aggregate, 182 days in any period for which his entitlement is established by reference (under section 2(1)(b)) to the same two years.
The fact that a person’s entitlement to a contribution-based jobseeker’s allowance (“his previous entitlement") has ceased as a result of subsection (1), does not prevent his being entitled to a further contribution-based jobseeker’s allowance if—
he satisfies the contribution-based conditions; and
the two years by reference to which he satisfies those conditions includes at least one year which is later than the second of the two years by reference to which his previous entitlement was established.
Regulations may provide that a person who would be entitled to a contribution-based jobseeker’s allowance but for the operation of prescribed provisions of, or made under, this Act shall be treated as if entitled to the allowance for the purposes of this section.
This section applies where— and in such a case the provisions of this section have effect in relation to the couple in place of section 4(3A).
a joint-claim couple are entitled to a joint-claim jobseeker’s allowance, and
one or each of the members of the couple is in addition entitled to a contribution-based jobseeker’s allowance;
If a joint-claim couple falling within subsection (1) have no income, the amount payable in respect of the couple by way of a jobseeker’s allowance shall be—
the applicable amount, if that is greater than the couple’s personal rate; and
the couple’s personal rate, if it is not.
Where the amount payable in accordance with subsection (2) is the applicable amount, the amount payable in respect of the couple by way of a jobseeker’s allowance shall be taken to consist of two elements—
one being an amount equal to the couple’s personal rate; and
the other being an amount equal to the excess of the applicable amount over the couple’s personal rate.
Where the amount payable in accordance with subsection (2) is the couple’s personal rate, then— and in either case nothing shall be payable in respect of the couple by way of a joint-claim jobseeker’s allowance.
if each member of the couple is entitled to a contribution-based jobseeker’s allowance, an amount equal to the member’s own personal rate shall be payable in respect of the member by way of such an allowance;
if only one of them is so entitled, an amount equal to that member’s personal rate shall be payable in respect of the member by way of such an allowance;
If a joint-claim couple falling within subsection (1) have an income, the amount payable in respect of the couple by way of a jobseeker’s allowance shall be—
the amount by which the applicable amount exceeds the couple’s income, if the amount of that excess is greater than the couple’s personal rate; and
the couple’s personal rate, if it is not.
Where the amount payable in accordance with subsection (5) is the amount by which the applicable amount exceeds the couple’s income, the amount payable in respect of the couple by way of a jobseeker’s allowance shall be taken to consist of two elements—
one being an amount equal to the couple’s personal rate; and
the other being an amount equal to the amount by which the difference between the applicable amount and the couple’s income exceeds the couple’s personal rate.
Where the amount payable in accordance with subsection (5) is the couple’s personal rate, subsection (4) shall apply as it applies in a case where the amount payable in accordance with subsection (2) is that rate.
The element of a jobseeker’s allowance mentioned in subsection (3)(a) and that mentioned in subsection (6)(a) shall be treated, for the purpose of identifying the source of the allowance, as attributable—
in a case where only one member of the joint-claim couple is entitled to a contribution-based jobseeker’s allowance, to that member’s entitlement to such an allowance; and
in a case where each member of the couple is entitled to a contribution-based jobseeker’s allowance, rateably according to their individual entitlements to such an allowance.
The element of a jobseeker’s allowance mentioned in subsection (3)(b) and that mentioned in subsection (6)(b) shall be treated, for the purpose of identifying the source of the allowance, as attributable to the couple’s entitlement to a joint-claim jobseeker’s allowance.
In this section “the couple’s personal rate”, in relation to a joint-claim couple, means—
where only one member of the couple is entitled to a contribution-based jobseeker’s allowance, that member’s personal rate;
where each member of the couple is entitled to such an allowance, the aggregate of their personal rates.
For the purposes of this Act, a person is available for employment if he is willing and able to take up immediately any employed earner’s employment.
Subsection (1) is subject to such provisions as may be made by regulations; and those regulations may, in particular, provide that a person—
may restrict his availability for employment in any week in such ways as may be prescribed; or
may restrict his availability for employment in any week in such circumstances as may be prescribed (for example, on grounds of conscience, religious conviction or physical or mental condition or because he is caring for another person) and in such ways as may be prescribed.
The following are examples of restrictions for which provision may be made by the regulations—
restrictions on the nature of the employment for which a person is available;
restrictions on the periods for which he is available;
restrictions on the terms or conditions of employment for which he is available;
restrictions on the locality or localities within which he is available.
Regulations may prescribe circumstances in which, for the purposes of this Act, a person is or is not to be treated as available for employment.
Regulations under subsection (4) may, in particular, provide for a person who is available for employment— to be treated, for a permitted period, as available for employment.
only in his usual occupation,
only at a level of remuneration not lower than that which he is accustomed to receive, or
only in his usual occupation and at a level of remuneration not lower than that which he is accustomed to receive,
Where it has been determined (“the first determination") that a person is to be treated, for the purposes of this Act, as available for employment in any week, the question whether he is available for employment in that week may be subsequently determined under section 9 or 10 of the Social Security Act 1998.
In this section “permitted period”, in relation to any person, means such period as may be determined in accordance with the regulations made under subsection (4).
Regulations under subsection (4) may prescribe, in relation to permitted periods—
the day on which any such period is to be regarded as having begun in any case;
the shortest and longest periods which may be determined in any case;
factors which the Secretary of State may take into account in determining the period in any case.
For the purposes of this section “employed earner’s employment” has the same meaning as in the Benefits Act.
A claimant commitment is a record of a claimant's responsibilities in relation to an award of a jobseeker's allowance.
A claimant commitment is to be prepared by the Secretary of State and may be reviewed and updated as the Secretary of State thinks fit.
A claimant commitment is to be in such form as the Secretary of State thinks fit.
A claimant commitment is to include—
a record of the requirements that the claimant must comply with under this Act (or such of them as the Secretary of State considers it appropriate to include),
any prescribed information, and
any other information the Secretary of State considers it appropriate to include.
For the purposes of this Act a claimant accepts a claimant commitment if, and only if, the claimant accepts the most up-to-date version of it in such manner as may be prescribed.
For the purposes of this Act, a person is actively seeking employment in any week if he takes in that week such steps as he can reasonably be expected to have to take in order to have the best prospects of securing employment.
Regulations may make provision—
with respect to steps which it is reasonable, for the purposes of subsection (1), for a person to be expected to have to take in any week;
as to circumstances (for example, his skills, qualifications, abilities and physical or mental limitations) which, in particular, are to be taken into account in determining whether, in relation to any steps taken by a person, the requirements of subsection (1) are satisfied in any week.
Regulations may make provision for acts of a person which would otherwise be relevant for purposes of this section to be disregarded in such circumstances (including circumstances constituted by, or connected with, his behaviour or appearance) as may be prescribed.
Regulations may prescribe circumstances in which, for the purposes of this Act, a person is to be treated as actively seeking employment.
Regulations under subsection (4) may, in particular, provide for a person who is actively seeking employment— to be treated, for the permitted period determined in his case for the purposes of section 6(5), as actively seeking employment during that period.
only in his usual occupation,
only at a level of remuneration not lower than that which he is accustomed to receive, or
only in his usual occupation and at a level of remuneration not lower than that which he is accustomed to receive,
Regulations may provide for this section, and any regulations made under it, to have effect in relation to a person who has reached the age of 16 but not the age of 18 as if “employment” included “training".
Where it has been determined (“the first determination") that a person is to be treated, for the purposes of this Act, as actively seeking employment in any week, the question whether he is actively seeking employment in that week may subsequently be determined under section 9 or 10 of the Social Security Act 1998.
For the purposes of this section— “employed earner’s employment” and “self-employed earner’s employment” have the same meaning as in the Benefits Act.
“work” has the meaning prescribed for the purposes of this Act;
“couple” means— “employed earner” has the meaning prescribed for the purposes of this Act;
“applicable amount” means the applicable amount determined in accordance with regulations under section 4;
self-employed earner’s employment; or
employed earner’s employment and self-employed earner’s employment; and
In this Act a “work-focused interview requirement” is a requirement that a claimant participate in one or more work-focused interviews as specified by the Secretary of State.
A work-focused interview is an interview for prescribed purposes relating to work or work preparation.
The purposes which may be prescribed under subsection (2) include in particular that of making it more likely in the opinion of the Secretary of State that the claimant will obtain paid work (or more paid work or better-paid work).
The Secretary of State may specify how, when and where a work-focused interview is to take place.
Regulations may make provision for requiring a claimant (other than a joint-claim couple claiming a joint-claim jobseeker’s allowance)—
to participate in an interview in such manner, time and place as an employment officer may specify; and
to provide information and such evidence as may be prescribed as to his circumstances, his availability for employment and the extent to which he is actively seeking employment.
Regulations may make provision—
for requiring each member of a joint-claim couple claiming a joint-claim jobseeker’s allowance to participate in an interview in such manner, time and place as an employment officer may specify;
for requiring a member of such a couple to provide information and such evidence as may be prescribed as to his circumstances, his availability for employment and the extent to which he is actively seeking employment;
for requiring such a couple to jointly provide information and such evidence as may be prescribed as to the circumstances of each or either member of the couple, the availability for employment of each or either member of the couple and the extent to which each or either member of the couple is actively seeking employment;
where any requirement to provide information or evidence is imposed on such a couple by virtue of paragraph (c), for the joint obligation of the couple to be capable of being discharged by the provision of the information or evidence by one member of the couple.
Regulations under subsection (1) or (1A) may, in particular provide for entitlement to a jobseeker's allowance to cease at such time as may be determined in accordance with any such regulations if, when a person fails to comply with such regulations, that person (or, if that person is a member of a joint-claim couple, either member of the couple) does not make prescribed contact with an employment officer within a prescribed period of the failure.
prescribe circumstances in which entitlement to a jobseeker’s allowance is to cease in the case of a claimant who fails to comply with any regulations made under that subsection;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
provide for entitlement to cease at such time (after he last attended in compliance with requirements of the kind mentioned in subsection (1)(a)) as may be determined in accordance with any such regulations;
provide for entitlement not to cease if the claimant shows, within a prescribed period of his failure to comply, that he had good cause for that failure; and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
matters which are, or are not, to be taken into account in determining whether a person has, or does not have, good cause for failing to comply with any such regulations; and
circumstances in which a person is, or is not, to be regarded as having, or not having, good cause for failing to comply with any such regulations.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this Act a “work preparation requirement” is a requirement that a claimant take particular action specified by the Secretary of State for the purpose of making it more likely in the opinion of the Secretary of State that the claimant will obtain paid work (or more paid work or better-paid work).
The Secretary of State may under subsection (1) specify the time to be devoted to any particular action.
Action which may be specified under subsection (1) includes in particular—
attending a skills assessment;
improving personal presentation;
participating in training;
participating in an employment programme;
undertaking work experience or a work placement;
developing a business plan;
any action prescribed for the purpose in subsection (1).
An agreement which is entered into by a claimant and an employment officer and which complies with the prescribed requirements in force at the time when the agreement is made is referred to in this Act as “a jobseeker’s agreement”.
A jobseeker’s agreement shall have effect only for the purposes of section 1.
A jobseeker’s agreement shall be in writing and be signed by both parties.
The agreement may be in electronic form and signed by means of an electronic signature (within the meaning given in section 7(2) of the Electronic Communications Act 2000).
A copy of the agreement shall be given to the claimant.
An employment officer shall not enter into a jobseeker’s agreement with a claimant unless, in the officer’s opinion, the conditions mentioned in section 1(2)(a) and (c) would be satisfied with respect to the claimant if he were to comply with, or be treated as complying with, the proposed agreement.
The employment officer may, and if asked to do so by the claimant shall forthwith, refer a proposed jobseeker’s agreement to the Secretary of State for him to determine—
whether, if the claimant concerned were to comply with the proposed agreement, he would satisfy—
the condition mentioned in section 1(2)(a), or
the condition mentioned in section 1(2)(c); and
whether it is reasonable to expect the claimant to have to comply with the proposed agreement.
On a reference under subsection (6) the Secretary of State—
shall, so far as practicable, dispose of it in accordance with this section before the end of the period of 14 days from the date of the reference;
may give such directions, with respect to the terms on which the employment officer is to enter into a jobseeker’s agreement with the claimant, as the Secretary of State considers appropriate;
may direct that, if such conditions as he considers appropriate are satisfied, the proposed jobseeker’s agreement is to be treated (if entered into) as having effect on such date, before it would otherwise have effect, as may be specified in the direction.
Regulations may provide—
for such matters as may be prescribed to be taken into account by the Secretary of State in giving a direction under subsection (7)(c); and
for such persons as may be prescribed to be notified of—
any determination of the Secretary of State under this section;
any direction given by an adjudication officer under this section.
Any determination of an adjudication officer under this section shall be binding.
Regulations may provide that, in prescribed circumstances, a claimant is to be treated as having satisfied the condition mentioned in section 1(2)(b).
Regulations may provide that, in prescribed circumstances, a jobseeker’s agreement is to be treated as having effect on a date, to be determined in accordance with the regulations, before it would otherwise have effect.
Except in such circumstances as may be prescribed, a jobseeker’s agreement entered into by a claimant shall cease to have effect on the coming to an end of an award of a jobseeker’s allowance made to him or to a joint-claim couple of which he is a member..
In this section and section 10 “employment officer” means an officer of the Secretary of State or such other person as may be designated for the purposes of this section by an order made by the Secretary of State.
A jobseeker’s agreement may be varied, in the prescribed manner, by agreement between the claimant and any employment officer.
Any agreement to vary a jobseeker’s agreement shall be in writing and be signed by both parties.
Any agreement to vary a jobseeker's agreement may be in electronic form and signed by means of an electronic signature (within the meaning given in section 7(2) of the Electronic Communications Act 2000).
A copy of the agreement, as varied, shall be given to the claimant.
An employment officer shall not agree to a variation of a jobseeker’s agreement, unless, in the officer’s opinion, the conditions mentioned in section 1(2)(a) and (c) would continue to be satisfied with respect to the claimant if he were to comply with, or be treated as complying with, the agreement as proposed to be varied.
The employment officer may, and if asked to do so by the claimant shall forthwith, refer a proposed variation of a jobseeker’s agreement to the Secretary of State for him to determine—
whether, if the claimant concerned were to comply with the agreement as proposed to be varied, he would satisfy—
the condition mentioned in section 1(2)(a), or
the condition mentioned in section 1(2)(c); and
whether it is reasonable to expect the claimant to have to comply with the agreement as proposed to be varied.
On a reference under subsection (5) the Secretary of State—
shall, so far as practicable, dispose of it in accordance with this section before the end of the period of 14 days from the date of the reference;
shall give such directions as he considers appropriate as to—
whether the jobseeker’s agreement should be varied, and
if so, the terms on which the claimant and the employment officer are to enter into an agreement to vary it;
may bring the jobseeker’s agreement to an end where the claimant fails, within a prescribed period, to comply with a direction given under paragraph (b)(ii);
may direct that, if— the agreement as varied is to be treated as having effect on such date, before it would otherwise have effect, as may be specified in the direction.
the jobseeker’s agreement is varied, and
such conditions as he considers appropriate are satisfied,
Regulations may provide—
for such matters as may be prescribed to be taken into account by the Secretary of Statein giving a direction under subsection (6)(b) or (d); and
for such persons as may be prescribed to be notified of—
any determination of the Secretary of State under this section;
any direction given by the Secretary of State under this section.
Any determination of an adjudication officer under this section shall be binding.
In this Part a “work search requirement” is a requirement that a claimant take— for the purpose of obtaining paid work (or more paid work or better-paid work).
all reasonable action, and
any particular action specified by the Secretary of State,
The Secretary of State may under subsection (1)(b) specify the time to be devoted to any particular action.
Action which may be specified under subsection (1)(b) includes in particular—
carrying out work searches;
making applications;
creating and maintaining an online profile;
registering with an employment agency;
seeking references;
any other action prescribed for the purpose in subsection (1).
Regulations may impose limitations on a work search requirement by reference to the work to which it relates; and the Secretary of State may in any particular case specify further such limitations on such a requirement.
A limitation under subsection (4) may in particular be by reference to— and may be indefinite or for a particular period.
work of a particular nature,
work with a particular level of remuneration,
work in particular locations, or
work available for a certain number of hours per week or at particular times,
Any determination of, or direction given by, an adjudication officer under section 9 or 10 may be reviewed (by a different adjudication officer) on the application of the claimant or of an employment officer.
Regulations may make provision with respect to the procedure to be followed on a review under this section.
The claimant may appeal to a social security appeal tribunal against any determination of, or direction given by, an adjudication officer on a review under this section.
A social security appeal tribunal determining an appeal under this section may give a direction of a kind which an adjudication officer may give under section 9(7)(b) or (c) or (as the case may be) section 10(6)(b) or (d).
Where a social security appeal tribunal gives a direction under subsection (4) of a kind which may be given by an adjudication officer under section 10(6)(b)(ii), an adjudication officer may bring the jobseeker’s agreement to an end if the claimant fails to comply with the direction within a prescribed period.
An appropriate person may, on the ground that it was erroneous in point of law, appeal to a Commissioner against the decision of a social security appeal tribunal on an appeal under this section.
Any of the following is an appropriate person for the purposes of subsection (6)—
the claimant;
an adjudication officer;
in prescribed circumstances, a trade union;
in prescribed circumstances, any other association which exists to promote the interests and welfare of its members.
Subsections (7) to (10) of section 23 of the Administration Act (appeals to Commissioners) shall apply in relation to appeals under this section as they apply in relation to appeals under that section.
In this section “Commissioner” has the same meaning as in the Administration Act.
In this Act a “work availability requirement” is a requirement that a claimant be available for work.
For the purposes of this section “available for work” means able and willing immediately to take up paid work (or more paid work or better-paid work).
Regulations may impose limitations on a work availability requirement by reference to the work to which it relates; and the Secretary of State may in any particular case specify further such limitations on such a requirement.
A limitation under subsection (3) may in particular be by reference to— and may be indefinite or for a particular period.
work of a particular nature,
work with a particular level of remuneration,
work in particular locations, or
work available for a certain number of hours per week or at particular times,
Regulations may for the purposes of subsection (2) define what is meant by able and willing immediately to take up work.
The Secretary of State must, except in prescribed circumstances, impose on a claimant—
a work search requirement, and
a work availability requirement.
The Secretary of State may, subject to this Act, impose either or both of the following on a claimant—
a work-focused interview requirement;
a work preparation requirement.
The Secretary of State may require a claimant to participate in an interview for any purpose relating to—
the imposition of a work-related requirement on the claimant;
verifying the claimant's compliance with a work-related requirement;
assisting the claimant to comply with a work-related requirement.
The Secretary of State may specify how, when and where such an interview is to take place.
The Secretary of State may, for the purpose of verifying the claimant's compliance with a work-related requirement, require a claimant to—
provide to the Secretary of State information and evidence specified by the Secretary of State in a manner so specified;
confirm compliance in a manner so specified.
The Secretary of State may require a claimant to report to the Secretary of State any specified changes in their circumstances which are relevant to—
the imposition of work-related requirements on the claimant;
the claimant's compliance with a work-related requirement.
Regulations may make provision—
where the Secretary of State may impose a requirement under the preceding provisions of this Act, as to when the requirement must or must not be imposed;
where the Secretary of State may specify any action to be taken in relation to a requirement under the preceding provisions of this Act, as to what action must or must not be specified;
where the Secretary of State may specify any other matter in relation to a such requirement, as to what must or must not be specified in respect of that matter.
Where the Secretary of State may impose a work-focused interview requirement, or specify a particular action under section 6C(1) or 6D(1)(b), the Secretary of State must have regard to such matters as may be prescribed.
Where the Secretary of State may impose a requirement under the preceding provisions of this Act, or specify any action to be taken in relation to such a requirement, the Secretary of State may revoke or change what has been imposed or specified.
Notification of a requirement imposed under the preceding provisions of this Act (or any change to or revocation of such a requirement) is, if not included in the claimant commitment, to be in such manner as the Secretary of State may determine.
Regulations must make provision to secure that, in prescribed circumstances, where a claimant has recently been a victim of domestic violence—
a requirement imposed on the claimant under the preceding provisions of this Act ceases to have effect for a period of 13 weeks, and
the Secretary of State may not impose any other requirement on the claimant during that period.
For the purposes of subsection (5)—
“domestic violence“ has such meaning as may be prescribed;
“victim of domestic violence” means a person on or against whom domestic violence is inflicted or threatened (and regulations under subsection (5) may prescribe circumstances in which a person is to be treated as being or not being a victim of domestic violence);
a person has recently been a victim of domestic violence if a prescribed period has not expired since the violence was inflicted or threatened.
Regulations may make provision as to circumstances in which a claimant is to be treated as having—
complied with or not complied with any requirement imposed under the preceding provisions of this Act or any aspect of such a requirement, or
taken or not taken any particular action specified by the Secretary of State in relation to such a requirement.
The amount of an award of jobseeker's allowance is to be reduced in accordance with this section in the event of a failure by a claimant which is sanctionable under this section.
It is a failure sanctionable under this section if a claimant—
fails for no good reason to comply with a requirement imposed by the Secretary of State under a work preparation requirement to undertake a work placement of a prescribed description;
fails for no good reason to comply with a requirement imposed by the Secretary of State under a work search requirement to apply for a particular vacancy for paid work;
fails for no good reason to comply with a work availability requirement by not taking up an offer of paid work;
by reason of misconduct, or voluntarily and for no good reason, ceases paid work or loses pay.
It is a failure sanctionable under this section if, at any time before making the claim by reference to which the award is made, the claimant—
for no good reason failed to take up an offer of paid work, or
by reason of misconduct, or voluntarily and for no good reason, ceased paid work or lost pay.
For the purposes of subsections (2) and (3) regulations may provide—
for circumstances in which ceasing to work or losing pay is to be treated as occurring or not occurring by reason of misconduct or voluntarily;
for loss of pay below a prescribed level to be disregarded.
Regulations are to specify—
the amount of a reduction under this section;
the period for which such a reduction has effect, not exceeding three years in relation to any failure sanctionable under this section.
Regulations under subsection (5)(b) may in particular provide for the period of a reduction to depend on either or both of the following—
the number of failures by the claimant sanctionable under this section;
the period between such failures.
Regulations may provide—
for cases in which no reduction is to be made under this section;
for a reduction under this section made in relation to an award that is terminated to be applied to any new award made within a prescribed period of the termination;
for the termination or suspension of a reduction under this section.
The amount of an award of a jobseeker's allowance is to be reduced in accordance with this section in the event of a failure by a claimant which is sanctionable under this section.
It is a failure sanctionable under this section if a claimant—
fails for no good reason to comply with a work-related requirement;
fails for no good reason to comply with a requirement under section 6G.
But a failure by a claimant is not sanctionable under this section if it is also a failure sanctionable under section 6J.
Regulations must specify—
the amount of a reduction under this section;
the period for which such a reduction has effect.
Regulations under subsection (4)(b) may provide that a reduction under this section in relation to any failure is to have effect for—
a period continuing until the claimant meets a compliance condition specified by the Secretary of State,
a fixed period not exceeding 26 weeks which is—
specified in the regulations, or
determined in any case by the Secretary of State, or
a combination of both.
In subsection (5)(a) “compliance condition” means—
a condition that the failure ceases, or
a condition relating to future compliance with a work-related requirement or a requirement under section 6G.
A compliance condition specified under subsection (5)(a) may be—
revoked or varied by the Secretary of State;
notified to the claimant in such manner as the Secretary of State may determine.
A period fixed under subsection (5)(b) may in particular depend on either or both the following—
the number of failures by the claimant sanctionable under this section;
the period between such failures.
Regulations may provide—
for cases in which no reduction is to be made under this section;
for a reduction under this section made in relation to an award that is terminated to be applied to any new award made within a prescribed period of the termination;
for the termination or suspension of a reduction under this section.
The functions of the Secretary of State under sections 6 to 6I may be exercised by, or by the employees of, such person as the Secretary of State may authorise for the purpose (an “authorised person”).
An authorisation given by virtue of this section may authorise the exercise of a function—
wholly or to a limited extent;
generally or in particular cases or areas;
unconditionally or subject to conditions.
An authorisation under this section—
may specify its duration;
may be varied or revoked at any time by the Secretary of State;
does not prevent the Secretary of State or another person from exercising the function to which the authorisation relates.
Anything done or omitted to be done by or in relation to an authorised person (or an employee of that person) in, or in connection with, the exercise or purported exercise of the function concerned is to be treated for all purposes as done or omitted to be done by or in relation to the Secretary of State or (as the case may be) an officer of the Secretary of State.
Subsection (4) does not apply—
for the purposes of so much of any contract made between the authorised person and the Secretary of State as relates to the exercise of the function, or
for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done by the authorised person (or an employee of that person).
Where— the authorised person is entitled to treat the contract as repudiated by the Secretary of State (and not as frustrated by reason of the revocation).
the authorisation of an authorised person is revoked, and
at the time of the revocation so much of any contract made between the authorised person and the Secretary of State as relates to the exercise of the function is subsisting,
In relation to a claim for a jobseeker’s allowance, the income and capital of a person shall be calculated or estimated in such manner as may be prescribed.
A person’s income in respect of a week shall be calculated in accordance with prescribed rules.
The rules may provide for the calculation to be made by reference to an average over a period (which need not include the week concerned).
Circumstances may be prescribed in which—
a person is treated as possessing capital or income which he does not possess;
capital or income which a person does possess is to be disregarded;
income is to be treated as capital;
capital is to be treated as income.
No person shall be entitled to an income-based jobseeker’s allowance if his capital, or a prescribed part of it, exceeds the prescribed amount.
Where a person claiming an income-based jobseeker’s allowance is a member of a family, the income and capital of any member of that family shall, except in prescribed circumstances, be treated as the income and capital of the claimant.
Subsections (1) and (2) do not apply as regards a joint-claim jobseeker’s allowance; but a joint-claim couple shall not be entitled to a joint-claim jobseeker’s allowance if the couple’s capital, or a prescribed part of it, exceeds the prescribed amount.
Regulations may provide that capital not exceeding the amount prescribed under subsection (1), but exceeding a prescribed lower amount, shall be treated, to a prescribed extent, as if it were income of a prescribed amount.
Where a joint-claim couple claim a joint-claim jobseeker’s allowance—
the couple’s income and capital includes the separate income and capital of each of them; and
the income and capital of any other person who is a member of any family of which the couple are members shall, except in prescribed circumstances, be treated as income and capital of the couple.
Where— that person is not entitled to a jobseeker’s allowance for the week which includes that day unless he proves that he is not directly interested in the dispute.
there is a stoppage of work which causes a person not to be employed on any day, and
the stoppage is due to a trade dispute at his place of work,
A person who withdraws his labour on any day in furtherance of a trade dispute, but to whom subsection (1) does not apply, is not entitled to a jobseeker’s allowance for the week which includes that day.
If a person who is prevented by subsection (1) from being entitled to a jobseeker’s allowance proves that during the stoppage— subsection (1) shall be taken to have ceased to apply to him on the occurrence of the event referred to in paragraph (a) or (b) or (as the case may be) the first event referred to in paragraph (c).
he became bona fide employed elsewhere;
his employment was terminated by reason of redundancy within the meaning of section 139(1) of the Employment Rights Act 1996, or
he bona fide resumed employment with his employer but subsequently left for a reason other than the trade dispute,
In this section “place of work”, in relation to any person, means the premises or place at which he was employed.
Where separate branches of work which are commonly carried on as separate businesses in separate premises or at separate places are in any case carried on in separate departments on the same premises or at the same place, each of those departments shall, for the purposes of subsection (4), be deemed to be separate premises or (as the case may be) a separate place.
Except in prescribed circumstances, subsection (2) applies in relation to a claimant for an income-based jobseeker’s allowance where a member of his family (“A”) is, or would be, prevented by section 14 from being entitled to a jobseeker’s allowance.
For the purposes of calculating the claimant’s entitlement to an income-based jobseeker’s allowance—
any portion of the applicable amount which is included in respect of A shall be disregarded for the period for which this subsection applies to the claimant;
where the claimant and A are a couple, any portion of the applicable amount which is included in respect of them shall be reduced to one half for the period for which this subsection applies to the claimant;
except so far as regulations provide otherwise, there shall be treated as the claimant’s income—
any amount which becomes, or would on an application duly made become, available to A in relation to that period by way of repayment of income tax deducted from A’s taxable earnings (as defined by section 10 of the Income Tax (Earnings and Pensions) Act 2003) under PAYE regulations; and
any other payment which the claimant or any member of his family receives or is entitled to obtain because A is without employment for that period; and
any payment by way of a jobseeker’s allowance for that period or any part of it which apart from this paragraph would be made to the claimant—
shall not be made, if the weekly rate of payment (“the rate") would be equal to or less than the prescribed sum; and
shall be at a weekly rate equal to the difference between the rate and the prescribed sum, if the rate would be more than the prescribed sum.
Where a reduction under subsection (2)(b) would not produce a sum which is a multiple of 5p, the reduction shall be to the nearest lower sum which is such a multiple.
Where A returns to work with the same employer after a period during which subsection (2) applied to the claimant (whether or not his return is before the end of any stoppage of work in relation to which he is, or would be, prevented from being entitled to a jobseeker’s allowance), subsection (2) shall cease to apply to the claimant at the commencement of the day on which A returns to work.
In relation to any period of less than a week, subsection (2) shall have effect subject to such modifications as may be prescribed.
Subsections (7) to (9) apply where an order made under section 150 of the Administration Act (annual up-rating of benefits) has the effect of increasing the sum prescribed in regulations made under section 4(5) as the personal allowance for a single person aged not less than 25 (“the personal allowance").
For the sum prescribed in regulations made under subsection (2)(d) there shall be substituted, from the time when the order comes into force, a sum arrived at by increasing the prescribed sum by the percentage by which the personal allowance has been increased by the order.
If the sum arrived at under subsection (7) is not a multiple of 50p—
any remainder of 25p or less shall be disregarded;
any remainder of more than 25p shall be rounded up to the nearest 50p.
The order shall state the sum substituted for the sum prescribed in regulations made under subsection (2)(d).
Nothing in subsection (7) prevents the making of further regulations under subsection (2)(d) varying the prescribed sum.
Sections 14 and 15 shall, in relation to a joint-claim couple claiming a joint-claim jobseeker’s allowance, apply in accordance with this section.
Where each member of the couple is prevented by section 14 from being entitled to a jobseeker’s allowance, the couple are not entitled to a joint-claim jobseeker’s allowance.
But where only one member of the couple is prevented by that section from being entitled to a jobseeker’s allowance, the couple are not for that reason alone prevented from being entitled to a joint-claim jobseeker’s allowance.
Section 15(1) does not have effect in relation to the couple but, except in prescribed circumstances, section 15(2) applies for the purposes of calculating the couple’s entitlement to a joint-claim jobseeker’s allowance where— is, or would be, prevented by section 14 from being entitled to a jobseeker’s allowance.
a member of the couple, or
any other person who is a member of any family of which the couple are members,
Where section 15(2) applies in relation to the couple by virtue of subsection (4) above, that provision and section 15(4) apply with the following modifications—
references to the claimant are to be taken as references to the couple;
references to “A" are to the person mentioned in subsection (4)(a) or (b) above;
section 15(2)(b) has effect as if for “where the claimant and A are a couple," there were substituted “where A is a member of the couple,"; and
section 15(2)(c)(ii) has effect as if for “of his family" there were substituted “of any family of which the couple are members".
If it appears to the Secretary of State— the Secretary of State may direct that this section is to apply to him.
that a person—
has reached the age of 16 but not the age of 18,
is not entitled to a jobseeker’s allowance or to income support, and
is registered for training but is not being provided with any training, and
that severe hardship will result to him unless a jobseeker’s allowance is paid to him,
A direction may be given so as to have effect for a specified period.
The Secretary of State may revoke a direction if—
it appears to him that there has been a change of circumstances as a result of which failure to receive a jobseeker’s allowance need no longer result in severe hardship to the person concerned;
it appears to him that the person concerned has, without a good reason—
neglected to avail himself of a reasonable opportunity of a place on a training scheme; or
after a place on such a scheme has been notified to him by an employment officer as vacant or about to become vacant, refused or failed to apply for it or to accept it when offered to him; or
he is satisfied that it was given in ignorance of some material fact or was based on a mistake as to some material fact and considers that, but for that ignorance or mistake, he would not have given the direction.
In this section—
a personal pension scheme as defined by section 1 of the Pension Schemes Act 1993;
a period of a determinate length;
a period defined by reference to the happening of a future event; and
a period of a determinate length but subject to earlier determination upon the happening of a future event.
Regulations may provide for the amount of an income-based jobseeker’s allowance payable in respect of any young person to whom this section applies to be reduced— as may be prescribed.
in such circumstances,
by such a percentage, and
for such a period,
Regulations may provide for the amount of a joint-claim jobseeker’s allowance payable in respect of any joint-claim couple where a member of the couple is a young person to whom this section applies to be reduced— as may be prescribed.
in such circumstances,
by such a percentage, and
for such a period,
This section applies to any young person in respect of whom—
a direction is in force under section 16; and
any of the conditions mentioned in subsection (3) is satisfied.
The conditions are that—
the young person was previously entitled to an income-based jobseeker’s allowance and that entitlement ceased by virtue of the revocation of a direction under section 16;
he has given up a place on a training scheme, or failed to attend such a scheme on which he has been given a place, and no certificate has been issued to him under subsection (4);
he has lost his place on such a scheme through misconduct.
Where a young person who has given up a place on a training scheme, or failed to attend such a scheme on which he has been given a place— the Secretary of State shall, if he is satisfied that there was a good reason, issue a certificate to that effect and give a copy of it to the young person.
claims that there was a good reason for his doing so; and
applies to the Secretary of State for a certificate under this subsection,
In this section—
In the Administration Act, insert after section 71—
In the Administration Act, insert after section 71—
The amount of an award of a jobseeker's allowance is to be reduced in accordance with this section in the event of a failure by the claimant which is sanctionable under this section.
It is a failure sanctionable under this section if a claimant—
through misconduct loses employment as an employed earner;
without a good reason voluntarily leaves such employment;
without a good reason refuses or fails to apply for, or accept if offered, a situation in any employment which an employment officer has informed him is vacant or about to become vacant;
without a good reason neglects to avail himself of a reasonable opportunity of employment;
without a good reason fails to participate in any scheme within section 17A(1) which is prescribed for the purposes of this section.
For the purposes of subsection (2)(b), in such circumstances as may be prescribed, including in particular where a person has been dismissed by his employer by reason of redundancy within the meaning of section 139(1) of the Employment Rights Act 1996 after volunteering or agreeing to be so dismissed, a person who might otherwise be treated as having left his employment voluntarily is to be treated as not having left voluntarily.
Regulations are to provide for—
the amount of a reduction under this section;
the period for which such a reduction has effect, not exceeding three years in relation to any failure sanctionable under this section.
Regulations under subsection (4)(b) may in particular provide for the period of a reduction to depend on either or both of the following—
the number of failures by the claimant sanctionable under this section;
the period between such failures.
neglected to avail himself of a reasonable opportunity of a place on a training scheme or employment programme;
after a place on such a scheme or programme has been notified to him by an employment officer as vacant or about to become vacant, refused or failed to apply for it or to accept it when offered to him;
given up a place on such a scheme or programme; or
failed to attend such a scheme or programme on which he has been given a place; or
has lost his place on such a scheme or programme through misconduct.
Regulations may provide—
for cases in which no reduction is to be made under this section;
for a reduction under this section made in relation to an award that is terminated to be applied to any new award made within a prescribed period of the termination.
has, without good cause, after a situation in any employment has been notified to him by an employment officer as vacant or about to become vacant, refused or failed to apply for it or to accept it when offered to him; or
has, without good cause, neglected to avail himself of a reasonable opportunity of employment.
During any period for which the amount of a joint-claim jobseeker's allowance is reduced under this section by virtue of a failure by one of the claimants which is sanctionable under this section, the allowance is payable to the other member of the couple.
Regulations may—
prescribe matters which are, or are not, to be taken into account in determining whether a person—
has, or does not have, good cause for any act or omission; or
has, or does not have, just cause for any act or omission; or
prescribe circumstances in which a person—
is, or is not, to be regarded as having, or not having, good cause for any act or omission; or
is, or is not, to be regarded as having, or not having, just cause for any act or omission.
Subject to any regulations under subsection (8), in determining whether a person has, or does not have, good cause or (as the case may be) just cause for any act or omission, any matter relating to the level of remuneration in the employment in question shall be disregarded.
In this section—
“employment officer” means an officer of the Secretary of State or such other person as may be designated for the purposes of this section by an order made by the Secretary of State;
“jobseeker’s direction” means a direction in writing given by an employment officer with a view to achieving one or both of the following—
assisting the claimant to find employment;
improving the claimant’s prospects of being employed; and
“training scheme” and “employment programme” have such meaning as may be prescribed.
The amount of an award of a jobseeker's allowance is to be reduced in accordance with this section in the event of a failure by the claimant which is sanctionable under this section.
It is a failure sanctionable under this section if a claimant—
without a good reason fails to comply with regulations under section 8(1) or (1A);
without a good reason fails to comply with regulations under section 17A;
without a good reason refuses or fails to carry out a jobseeker's direction which was reasonable having regard to his circumstances;
without a good reason neglects to avail himself of a reasonable opportunity of a place on a training scheme or employment programme;
without a good reason refuses or fails to apply for, or accept if offered, a place on such a scheme or programme which an employment officer has informed him is vacant or about to become vacant;
without a good reason gives up a place on such a scheme or programme or fails to attend such a scheme or programme having been given a place on it;
through misconduct loses a place on such a scheme or programme.
But a failure is not sanctionable under this section if it is also sanctionable under section 19.
Regulations are to provide for—
the amount of a reduction under this section;
the period for which such a reduction has effect.
Regulations under subsection (4)(b) may provide that a reduction under this section in relation to any failure is to have effect for—
a period continuing until the claimant meets a compliance condition specified by the Secretary of State,
a fixed period not exceeding 26 weeks which is—
specified in the regulations, or
determined in any case by the Secretary of State, or
a combination of both.
In subsection (5)(a) “compliance condition” means—
a condition that the failure ceases, or
a condition relating to—
future compliance with a jobseeker's direction or any requirement imposed under section 8(1) or (1A) or 17A of this Act, or
future avoidance of the failures referred to in subsection (2)(d) to (g).
A compliance condition specified under subsection (5)(a) may be—
revoked or varied by the Secretary of State;
notified to the claimant in such manner as the Secretary of State may determine.
The period fixed under subsection (5)(b) may in particular depend on either or both of the following—
the number of failures by the claimant sanctionable under this section;
the period between such failures.
Regulations may provide—
for cases in which no reduction is to be made under this section;
for a reduction under this section made in relation to an award that is terminated to be applied to any new award made within a prescribed period of the termination.
During any period for which the amount of a joint-claim jobseeker's allowance is reduced under this section by virtue of a failure by one of the claimants which is sanctionable under this section, the allowance is payable to the other member of the couple.
In this section—
“jobseeker's direction” means a direction given by an employment officer (in such manner as he thinks fit) with a view to achieving one or both of the following—
assisting the claimant to find employment;
improving the claimant's prospects of being employed;
“training scheme“ and “employment programme” have such meaning as may be prescribed.
Nothing in section 19, or in regulations under that section, shall be taken to authorise reduction of a jobseeker’s allowance merely because the claimant refuses to seek or accept employment in a situation which is vacant in consequence of a stoppage of work due to a trade dispute.
Section 19A does not apply, in the circumstances mentioned in subsection (2)(c) to (g) of that section, if—
a direction is in force under section 16 with respect to the claimant; and
he has acted in such a way as to risk—
having that direction revoked under subsection (3)(b) of section 16; or
having the amount of his jobseeker’s allowance reduced by virtue of section 17, because the condition mentioned in section 17(3)(b) or (c) is satisfied.
Regulations shall make provision for the purpose of enabling any person of a prescribed description to accept any employed earner’s employment without falling within section 19(2)(b) or (d) should he leave that employment voluntarily and without good reason at any time during a trial period.
In such circumstances as may be prescribed, an income-based jobseeker’s allowance shall be payable in respect of a claimant even though section 19 prevents payment of a jobseeker’s allowance to him.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Regulations under subsection (4) may, in particular, provide for a jobseeker’s allowance payable by virtue of that subsection to be—
payable at a prescribed rate;
payable for a prescribed period (which may differ from the period fixed under section 19(2) or (3)).
In subsection (3), “trial period” has such meaning as may be prescribed.
Regulations may make provision for determining, for the purposes of this section, the day on which a person’s employment is to be regarded as commencing.
Regulations may make provision for reduction of the amount of an award of a jobseeker's allowance other than a joint-claim jobseeker's allowance if the claimant—
was previously entitled to such an allowance or was a member of a couple entitled to a joint-claim jobseeker's allowance, and
ceased to be so entitled by failing to comply with the condition in section 1(2)(a) or (c) (availability for employment and actively seeking employment).
Regulations may make provision for reduction of the amount of a joint-claim jobseeker's allowance if one of the claimants—
was previously entitled to a jobseeker's allowance other than a joint-claim jobseeker's allowance, and
ceased to be so entitled by failing to comply with the condition in section 1(2)(a) or (c).
Regulations may make provision for reduction of the amount of an award of joint-claim jobseeker's allowance if—
the couple were previously entitled to a joint-claim jobseeker's allowance but ceased to be so entitled by either or both of them failing to comply with the condition in section 1(2)(a) or (c), or
either member of the couple was a member of another couple previously entitled to such an allowance and that couple ceased to be so entitled by that person failing to comply with the condition in section 1(2)(a) or (c).
Regulations are to provide for—
the amount of a reduction under this section;
the period for which such a reduction has effect.
The period referred to in subsection (4)(b) must not include any period after the end of the period of 13 weeks beginning with the day on which the claimant's previous entitlement ceased.
Regulations under subsection (4)(b) may in particular provide for the period of a reduction to depend on either or both of the following—
the number of occasions on which a claimant's entitlement has ceased as specified in subsection (1), (2) or (3);
the period between such occasions.
Regulations may provide for a reduction under this section made in relation to an award that is terminated to be applied to any new award made within a prescribed period of the termination.
During any period for which the amount of a joint-claim jobseeker's allowance is reduced under this section by virtue of a failure by one of the claimants to comply with the condition in section 1(2)(a) or (c), the allowance is payable to the other member of the couple.
Regulations may make provision for the making of payments (“hardship payments”) by way of a jobseeker's allowance to a claimant where—
the amount of the claimant's award is reduced under sections 19 to 19B, and
the claimant is or will be in hardship.
Regulations under this section may in particular make provision as to—
circumstances in which a claimant is to be treated as being or not being in hardship;
matters to be taken into account in determining whether a claimant is or will be in hardship;
requirements or conditions to be met by a claimant in order to receive hardship payments;
the amount or rate of hardship payments;
the period for which hardship payments may be made;
whether hardship payments are recoverable.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Regulations may make provision for or in connection with imposing on claimants in prescribed circumstances a requirement to participate in schemes of any prescribed description that are designed to assist them to obtain employment.
Regulations under this section may, in particular, require participants to undertake work, or work-related activity, during any prescribed period with a view to improving their prospects of obtaining employment.
In subsection (2) “work-related activity”, in relation to any person, means activity which makes it more likely that the person will obtain or remain in work or be able to do so.
Regulations under this section may not require a person to participate in a scheme unless the person would (apart from the regulations) be required to meet the jobseeking conditions.
Regulations under this section may, in particular, make provision—
for notifying participants of the requirement to participate in a scheme within subsection (1);
for securing that participants are not required to meet the jobseeking conditions or are not required to meet such of those conditions as are specified in the regulations;
for suspending any jobseeker's agreement to which a person is a party for any period during which the person is a participant;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this section—
For the purposes of, or in connection with, any scheme within section 17A(1) the Secretary of State may—
make arrangements (whether or not with other persons) for the provision of facilities;
provide support (by whatever means) for arrangements made by other persons for the provision of facilities;
make payments (by way of fees, grants, loans or otherwise) to persons undertaking the provision of facilities under arrangements within paragraph (a) or (b);
make payments (by way of grants, loans or otherwise) to persons participating in the scheme;
make payments in respect of incidental expenses.
For the purposes of, or in connection with, any scheme within section 17A(1)— may make payments (by way of fees, grants, loans or otherwise) to persons (including the Secretary of State) undertaking the provision of facilities under arrangements within subsection (1)(a) or (b) if the following condition is met.
the Scottish Ministers, and
the Welsh Ministers,
The condition is that the Scottish Ministers or the Welsh Ministers consider that the facilities are capable of supporting the training in Scotland or Wales of persons for employment.
Unless the Scottish Ministers or Welsh Ministers otherwise specify, the payments may be used by the person to whom they are made for the provision of any of the facilities provided under the arrangements.
In subsections (1) to (4) “facilities” includes services, and any reference to the provision of facilities includes the making of payments to persons participating in the scheme.
The power of the Secretary of State to make an order under section 26 of the Employment Act 1988 (status of trainees etc) includes power to make, in relation to— provision corresponding to any provision which (by virtue of section 26(1) or (2) of that Act) may be made in relation to persons using such facilities, and to such payments received by them, as are mentioned in section 26(1) of that Act.
persons participating in any scheme within section 17A(1), and
payments received by them by virtue of subsection (1) above,
The following functions of the Secretary of State may be exercised by, or by employees of, such person (if any) as the Secretary of State may authorise for the purpose, namely—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The following functions of officers of the Secretary of State may be exercised by, or by employees of, such person (if any) as the Secretary of State may authorise for the purpose, namely—
specifying places and times, and being contacted, under section 8;
entering into or varying any jobseeker's agreement under section 9 or 10 and referring any proposed agreement or variation to the Secretary of State under section 9 or 10;
giving notifications under section 16 . . . ;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Regulations may provide for any of the following functions of the Secretary of State to be exercisable by, or by employees of, such person (if any) as the Secretary of State may authorise for the purpose—
any function under regulations under section 8, . . . 17A . . . . . . , except the making of an excluded decision (see subsection (4));
the function under section 9(1) of the 1998 Act (revision of decisions) so far as relating to decisions (other than excluded decisions) that relate to any matter arising under any such regulations;
the function under section 10(1) of the 1998 Act (superseding of decisions) so far as relating to decisions (other than excluded decisions) of the Secretary of State that relate to any matter arising under any such regulations;
any function under Chapter 2 of Part 1 of the 1998 Act (social security decisions), except section 25(2) and (3) (decisions involving issues arising on appeal in other cases), which relates to the exercise of any of the functions within paragraphs (a) to (c).
Each of the following is an “excluded decision” for the purposes of subsection (3)—
a decision about whether a person has failed to comply with a requirement imposed by regulations under section 8, . . . . . . . . . ;
a decision about whether a person had good cause for failure to comply with such a requirement;
a decision about not paying or reducing a jobseeker's allowance in consequence of a failure to comply with such a requirement.
Regulations under subsection (3) may provide that a function to which that subsection applies may be exercised—
either wholly or to such extent as the regulations may provide,
either generally or in such cases as the regulations may provide, and
either unconditionally or subject to the fulfilment of such conditions as the regulations may provide.
An authorisation given by virtue of any provision made by or under this section may authorise the exercise of the function concerned— but, in the case of an authorisation given by virtue of regulations under subsection (3), this subsection is subject to the regulations.
either wholly or to such extent as may be specified in the authorisation,
either generally or in such cases as may be so specified, and
either unconditionally or subject to the fulfilment of such conditions as may be so specified;
An authorisation given by virtue of any provision made by or under this section—
may specify its duration,
may be revoked at any time by the Secretary of State, and
does not prevent the Secretary of State or any other person from exercising the function to which the authorisation relates.
Anything done or omitted to be done by or in relation to an authorised person (or an employee of that person) in, or in connection with, the exercise or purported exercise of the function concerned is to be treated for all purposes as done or omitted to be done by or in relation to the Secretary of State or (as the case may be) an officer of the Secretary of State.
But subsection (8) does not apply—
for the purposes of so much of any contract made between the authorised person and the Secretary of State as relates to the exercise of the function, or
for the purposes of any criminal proceedings brought in respect of anything done by the authorised person (or an employee of that person).
Any decision which an authorised person makes in exercise of a function of the Secretary of State has effect as a decision of the Secretary of State under section 8 of the 1998 Act.
Where— the authorised person is entitled to treat the contract as repudiated by the Secretary of State (and not as frustrated by reason of the revocation).
the authorisation of an authorised person is revoked at any time, and
at the time of the revocation so much of any contract made between the authorised person and the Secretary of State as relates to the exercise of the function is subsisting,
In this section—
“the 1998 Act” means the Social Security Act 1998;
“authorised person” means a person authorised to exercise any function by virtue of any provision made by or under this section;
references to functions of the Secretary of State under any enactment (including one comprised in regulations) include functions which the Secretary of State has by virtue of the application of section 8(1)(c) of the 1998 Act in relation to the enactment.
Further provisions in relation to a jobseeker’s allowance are set out in Schedule 1.
Regulations may modify any provision of this Act, in such manner as the Secretary of State thinks proper, in its application to persons who are or have been members of Her Majesty’s forces.
The regulations may, in particular, provide for section 19(2)(b) not to apply in relation to a person who is discharged from Her Majesty’s forces at his own request.
For the purposes of this section, Her Majesty’s forces shall be taken to consist of such establishments and organisations in which persons serve under the control of the Defence Council as may be prescribed.
Regulations may make provision for the court to have power to make a recovery order against any person where an award of income-based jobseeker’s allowance has been made to that person’s spouse or civil partner.
In this section “recovery order” means an order requiring the person against whom it is made to make payments to the Secretary of State or to such other person or persons as the court may determine.
Regulations under this section may make provision for the transfer by the Secretary of State of the right to receive payments under, and to exercise rights in relation to, a recovery order.
Regulations made under this section may, in particular, include provision—
as to the matters to which the court is, or is not, to have regard in determining any application under the regulations; and
as to the enforcement of recovery orders.
In this section, “the court” means—
in relation to England and Wales, the family court; and
in relation to Scotland, the sheriff.
In the Administration Act, insert after section 159—
In the Administration Act, insert after section 160—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In the Administration Act, insert after section 71—
Regulations may make provision for the payment, in prescribed circumstances, of sums to or in respect of persons who are or have been entitled to a jobseeker’s allowance or to income support.
A sum payable under the regulations shall be known as “a back to work bonus”.
Subject to section 677 of the Income Tax (Earnings and Pensions) Act 2003 (which provides for a back to work bonus not to be taxable), a back to work bonus shall be treated for all purposes as payable by way of a jobseeker’s allowance or (as the case may be) income support.
The regulations may, in particular, provide for—
a back to work bonus to be payable only on the occurrence of a prescribed event;
a bonus not to be payable unless a claim is made before the end of the prescribed period;
the amount of a bonus (subject to any maximum prescribed by virtue of paragraph (g)) to be determined in accordance with the regulations;
enabling amounts to be calculated by reference to periods of entitlement to a jobseeker’s allowance and periods of entitlement to income support;
treating a bonus as payable wholly by way of income support or wholly by way of a jobseeker’s allowance, in a case where amounts have been calculated in accordance with provision made by virtue of paragraph (d);
keeping persons who may be entitled to a bonus informed of the amounts calculated in accordance with any provision of the regulations made by virtue of paragraph (c);
the amount of a bonus not to exceed a prescribed maximum;
a bonus not to be payable if the amount of the bonus which would otherwise be payable is less than the prescribed minimum;
prescribed periods to be disregarded for prescribed purposes;
a bonus which has been paid to a person to be treated, in prescribed circumstances and for prescribed purposes, as income or capital of his or of any other member of his family;
treating the whole or a prescribed part of an amount which has accrued towards a person’s bonus—
as not having accrued towards his bonus; but
as having accrued towards the bonus of another person;
the whole or a prescribed part of a back to work bonus to be payable, in such circumstances as may be prescribed, to such person, other than the person who is or had been entitled to a jobseeker’s allowance or to income support, as may be determined in accordance with the regulations.
An employee is a “qualifying employee” in relation to his employer for the purposes of this section if, immediately before beginning his employment with that employer, he had been entitled to a jobseeker’s allowance for a continuous period of not less than two years.
An employee is also a “qualifying employee” in relation to his employer for the purposes of this section if—
immediately before beginning his employment with that employer, he had been unemployed for a continuous period of not less than two years;
he is under pensionable age; and
he falls within a prescribed description of person.
Regulations may make provision for any employer who employs a person who is a qualifying employee in relation to him, to make deductions from the employer’s contributions payments in accordance with the regulations and in prescribed circumstances.
Those regulations may, in particular, make provision as to the period for which deductions may be made by an employer.
Regulations may provide, in relation to cases where an employee is a qualifying employee in relation to more than one employer at the same time, for the right to make deductions to be confined to one employer—
determined in accordance with the regulations; and
certified by the Commissioners of Inland Revenue, in accordance with the regulations, to be the employer entitled to make those deductions.
Regulations may—
provide that, in prescribed circumstances, a person who would not otherwise satisfy the condition in subsection (1) is to be treated as satisfying it;
provide that, in prescribed circumstances, a person who would not otherwise satisfy the condition in subsection (2)(a) is to be treated as satisfying it;
prescribe circumstances in which, for prescribed purposes, two or more employers are to be treated as one;
make provision for the payment, in prescribed circumstances, by the Commissioners of Inland Revenue, of sums to employers who are unable to make the whole or part of any deductions which they are entitled to make;
require persons to maintain such records in connection with deductions made by them as may be prescribed;
require persons who have made deductions to furnish to the Commissioners of Inland Revenue such documents and information, at such time, as may be prescribed.
Where, in accordance with any provision of regulations made under this section, an amount has been deducted from an employer’s contributions payments, the amount so deducted shall (except in such cases as may be prescribed) be treated for the purposes of any provision made by or under any enactment in relation to primary or secondary Class 1 contributions as having been— towards discharging the employer’s liability in respect of such contributions.
paid (on such date as may be determined in accordance with the regulations); and
received by the Commissioners of Inland Revenue,
In this section—
The following provisions of this Act provide for the Secretary of State to impose work-related requirements with which claimants must comply for the purposes of this Act.
In this Act “work-related requirement” means—
a work-focused interview requirement (see section 6B);
a work preparation requirement (see section 6C);
a work search requirement (see section 6D);
a work availability requirement (see section 6E).
“deductions” means deductions made in accordance with regulations under subsection (3); . . .
“regulations” means regulations made by the Treasury.
This section provides for the making of regulations to enable— with a view to claims for housing or council tax benefit made by or in respect of persons who cease to be entitled to a jobseeker’s allowance or income support being dealt with quickly.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
priority to be given to certain persons,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 63 of the Administration Act (adjudication of claims for housing benefit or council tax benefit), insert after subsection (2)—
Any regulations to which this subsection applies may be made so as to have effect for a specified period not exceeding 36 months.
Any regulations which, by virtue of subsection (1), are to have effect for a limited period are referred to in this section as “a pilot scheme”.
A pilot scheme may provide that its provisions are to apply only in relation to—
one or more specified areas or localities;
one or more specified classes of person;
persons selected—
by reference to prescribed criteria; or
on a sampling basis.
A pilot scheme may make consequential or transitional provision with respect to the cessation of the scheme on the expiry of the specified period.
A pilot scheme (“the previous scheme") may be replaced by a further pilot scheme making the same, or similar, provision (apart from the specified period) to that made by the previous scheme.
Subject to subsection (8), subsection (1) applies to—
regulations made under this Act, other than—
regulations made under section 4(2) or (5) which have the effect of reducing any age-related amount or applicable amount; or
regulations made under section 27;
regulations made under the Administration Act, so far as they relate to a jobseeker’s allowance;
regulations made under Part VII of the Benefits Act (income-related benefits), other than any mentioned in subsection (7); and
regulations made under the Administration Act, so far as they relate to income-related benefits payable under Part VII of the Benefits Act.
The regulations referred to in subsection (6)(c) are—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
regulations under section 130(4) of that Act which have the effect of reducing the appropriate maximum housing benefit;
regulations under section 131(10)(a) of that Act which have the effect of reducing the appropriate maximum council tax benefit; and
regulations reducing any of the sums prescribed under section 135(1) of that Act.
Subsection (1) applies only if the regulations are made with a view to ascertaining whether their provisions will, or will be likely to, encourage persons to obtain or remain in work or will, or will be likely to, make it more likely that persons will obtain or remain in work or be able to do so. testing the extent to which the provision made by the regulations is likely to promote—
people remaining in work, or
people obtaining or being able to obtain work (or more work or better-paid work).”
The Secretary of State may pay such grants, to such persons, as he considers appropriate in relation to expenditure in connection with the provision or maintenance of resettlement places.
In this section “resettlement places” means places at which persons without a settled way of life are afforded temporary accommodation with a view to assisting them to lead a more settled life.
Any grant under this section may be made on such terms and subject to such conditions as the Secretary of State considers appropriate.
Section 30 of, and Schedule 5 to, the Supplementary Benefits Act 1976 (provision of resettlement units) shall cease to have effect.
Any grants made by the Secretary of State under this section shall be paid out of money provided by Parliament.
Any sums received by the Secretary of State by way of the repayment of any such grant shall be paid by him into the Consolidated Fund.
Regulations may make provision allowing, in prescribed circumstances, an award of income support to be brought to an end by the Secretary of State where the person to whom it was made, or where he is a member of a couple his partner or the couple, will be entitled to a jobseeker’s allowance if the award is brought to an end.
Regulations may make provision allowing, in prescribed circumstances, an award of a jobseeker’s allowance to be brought to an end by the Secretary of State where the person to whom it was made, or where he is a member of a couple his partner, or where the award was made to a couple a member of the couple, will be entitled to income support if the award is brought to an end.
In this section “partner” means the other member of the couple concerned.
In section 71 of the Administration Act (overpayments), after subsection (10) insert—
In section 78 of the Administration Act (recovery of social fund awards), after subsection (3) insert—
An inspector appointed under section 110 of the Administration Act (appointment and powers of inspectors) shall have power, for purposes of this Act—
to enter at all reasonable times any premises liable to inspection under this section;
to make such examination and inquiry there as may be necessary for ascertaining whether the provisions of this Act are being, or have been, complied with;
to examine, either alone or (if he thinks fit) in the presence of any other person, in relation to any matters arising under this Act on which he may reasonably require information, any person whom he finds there;
to exercise such other powers as may be necessary for carrying this Act into effect.
The premises liable to inspection under this section are any where an inspector has reasonable grounds for supposing that— but do not include a private dwelling-house unless the inspector has reasonable grounds for supposing that the dwelling-house is being used for the purposes of a trade or business.
one or more persons are employed;
a trade or business is being carried on;
a personal or occupational pension scheme is being administered; or
information relating to the carrying on of any trade or business is kept by the person carrying on that trade or business,
An inspector applying for admission to any premises, in the exercise of his powers under this section, shall produce his certificate of appointment if asked to do so.
Where any premises— the Secretary of State may make arrangements with that department for any of the powers or duties of inspectors under this section to be exercised or discharged by an inspector or officer employed by that department.
are liable to be inspected by an inspector or officer appointed or employed by another government department, or
are under the control of another government department,
A person to whom this subsection applies shall— as the inspector may reasonably require for purposes of this Act.
furnish to an inspector all such information, and
produce for his inspection all such documents,
Subsection (5) applies to—
any licensing authority;
any person carrying on an agency or other business for the introduction or supply to persons requiring them of persons available to do work or to perform services.
Except where subsection (5) applies, subsections (6) and (7) of section 110 of the Administration Act (furnishing of information about contributions etc.) shall have effect as if this Act were among those mentioned in subsection (8) of that section.
In the application of subsection (7) of section 110 in relation to this Act, the reference in paragraph (a) to section 110 of that Act shall be read as a reference to this section.
No person shall be required under this section to answer any questions or to give evidence tending to incriminate himself, or in the case of a person who is married, his or her spouse.
In this section—
“pensionable age” has the meaning prescribed for the purposes of this Act;
payable under the pension compensation provisions as specified in section 162(2) of the Pensions Act 2004 or Article 146(2) of the Pensions (Northern Ireland) Order 2005 (the pension compensation provisions); or
In this section, and in subsection (7) of section 110 of the Administration Act, as it applies in relation to this Act, “premises” includes any—
place;
movable structure or tent;
vehicle, vessel, aircraft or hovercraft;
installation which is an offshore installation for the purposes of the Mineral Workings (Offshore Installations) Act 1971.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
makes a statement or representation which he knows to be false; or
produces or furnishes, or knowingly causes or knowingly allows to be produced or furnished, any document or information which he knows to be false in a material particular.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
intentionally delays or obstructs an inspector in the exercise of any power under section 33; or
refuses or neglects to answer any question or to furnish any information or to produce any document when required to do so under that section.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
is guilty of a further offence if the refusal or neglect is continued by him after his conviction; and
shall be liable on summary conviction to a fine not exceeding £40 for each day on which it is continued.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
is guilty of a further offence if the contravention or failure is continued by him after his conviction, and
shall be liable to a fine not exceeding £40 for each day on which the contravention or failure is continued,
In this Act—
“week” means a period of 7 days beginning with a Sunday or such other period of 7 days as may be prescribed;
credits under regulations under section 22(5) of the Benefits Act,
a period defined by reference to the happening of a future event; and
“training scheme” has such meaning as may be prescribed;
“year”, except in the expression “benefit year", means a tax year.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The expressions “ limited capability for work”, “linked period”, “relevant education” and “remunerative work” are to be read with paragraphs 2, 3, 14 and 1 of Schedule 1.
Subject to any regulations made for the purposes of this subsection, “earnings” is to be construed for the purposes of this Act in accordance with section 3 of the Benefits Act and paragraph 6 of Schedule 1 to this Act.
Any power under this Act to make regulations or orders, other than an order under section 8(3),9(13), 16(4) or 19(10)(a), shall be exercisable by statutory instrument.
Subsection (1) does not apply to an order under section 35(1) in relation to employment officers.
Any such power may be exercised—
either in relation to all cases to which it extends, or in relation to those cases subject to specified exceptions, or in relation to any specified cases or classes of case;
so as to make, as respects the cases in relation to which it is exercised—
the full provision to which the power extends or any less provision (whether by way of exception or otherwise),
the same provision for all cases in relation to which it is exercised, or different provision for different cases or different classes of case or different provision as respects the same case or class of case for different purposes of this Act,
any such provision either unconditionally or subject to any specified condition.
Where any such power is expressed to be exercisable for alternative purposes it may be exercised in relation to the same case for any or all of those purposes.
Any such power includes power—
to make such incidental, supplemental, consequential or transitional provision as appears to the Secretary of State , or (in the case of regulations made by the Treasury) to the Treasury, to be expedient; and
to provide for a person to exercise a discretion in dealing with any matter.
Any power to make regulations or an order for the purposes of any provision of this Act is without prejudice to any power to make regulations or an order for the purposes of any other provision.
Without prejudice to the generality of the provisions of this section—
regulations under section 17A . . . may make different provision for different areas;
regulations under section 17A . . . may make provision which applies only in relation to an area or areas specified in the regulations.
Subsection (2) applies in relation to the following regulations (whether made alone or with other regulations)—
regulations made under, or by virtue of, any provision of this Act other than— before the date on which jobseeker’s allowances first become payable;
section 6, 7, 26, 29 or 40,
paragraph (b) of the definition of “pension payments” in section 35(1), or
paragraph 17 of Schedule 1,
the first regulations to be made under section 6J or 6K;
the first regulations to be made under section 26;
the first regulations to be made under sections 19 to 19C;
regulations made under section . . . 29, paragraph (b) of the definition of “pension payments” in section 35(1) . . . or paragraph 8B or 17 of Schedule 1.
No regulations to which this subsection applies shall be made unless a draft of the statutory instrument containing the regulations has been laid before Parliament and approved by a resolution of each House.
Any other statutory instrument made under this Act, other than one made under section 41(2), shall be subject to annulment in pursuance of a resolution of either House of Parliament.
There shall be paid out of money provided by Parliament—
any sums paid by the Secretary of State by way of jobseeker’s allowance; and
any expenditure incurred by the Secretary of State or the Commissioners of Inland Revenue under or by virtue of this Act.
The expenditure mentioned in subsection (1)(b) includes expenditure incurred in connection with any inquiry undertaken on behalf of the Secretary of State or the Commissioners of Inland Revenue with a view to obtaining statistics relating to the operation of any provision of this Act relating to a jobseeker’s allowance.
There shall be paid out of the National Insurance Fund and into the Consolidated Fund sums estimated by the Secretary of State to balance payments made by him by way of contribution-based jobseeker’s allowance.
The Secretary of State shall pay into the National Insurance Fund sums estimated by him to balance sums recovered by him in connection with payments of contribution-based jobseeker’s allowance.
The Commissioners of Inland Revenue shall pay into the National Insurance Fund sums estimated by them to be equal to the aggregate of the amounts deducted by employers in accordance with regulations under section 27.
The Secretary of State shall pay into the Consolidated Fund sums estimated by him to balance sums recovered by him in connection with payments made by way of income-based jobseeker’s allowance.
Estimates under this section shall be made by the relevant authority—
in any manner which, after consulting the Government Actuary or the Deputy Government Actuary, the authority consider appropriate and the Treasury has approved; and
at such times as the authority consider appropriate and the Treasury has approved.
Payments which are required to be made by this section shall be made at such times and in such manner as the relevant authority considers appropriate and the Treasury has approved.
In subsections (7) and (8) “the relevant authority” means—
the Secretary of State, in relation to any estimate or payment to be made by him, or
the Commissioners of Inland Revenue, in relation to any estimate or payment to be made by them.
An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which states that it is made only for purposes corresponding to those of this Act—
shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The Secretary of State may by regulations make such transitional provision, consequential provision or savings as he considers necessary or expedient for the purposes of or in connection with—
the coming into force of any provision of this Act; or
the operation of any enactment repealed or amended by any such provision during any period when the repeal or amendment is not wholly in force.
Regulations under this section may in particular make provision—
for the termination or cancellation of awards of unemployment benefit or income support;
for a person whose award of unemployment benefit or income support has been terminated or cancelled under regulations made by virtue of paragraph (a) to be treated as having been awarded a jobseeker’s allowance (a “transitional allowance")— as may be determined in accordance with the regulations;
of such a kind,
for such period,
of such an amount, and
subject to such conditions,
for a person’s continuing entitlement to a transitional allowance to be determined by reference to such provision as may be made by the regulations;
for the termination of an award of a transitional allowance;
for the review of an award of a transitional allowance;
for a contribution-based jobseeker’s allowance not to be payable for a prescribed period where a person is disqualified for receiving unemployment benefit;
that days which were days of unemployment for the purposes of entitlement to unemployment benefit, and such other days as may be prescribed, are to be treated as having been days during which a person was, or would have been, entitled to a jobseeker’s allowance;
that days which were days of entitlement to unemployment benefit, and such other days as may be prescribed, are to be treated as having been days of entitlement to a contribution-based jobseeker’s allowance;
that the rate of a contribution-based transitional allowance is to be calculated by reference to the rate of unemployment benefit paid or payable.
This Act may be cited as the Jobseekers Act 1995.
Section 39 and this section (apart from subsections (4) and (5)) come into force on the passing of this Act, but otherwise the provisions of this Act come into force on such day as the Secretary of State may by order appoint.
Different days may be appointed for different purposes.
Schedule 2 makes consequential amendments.
The repeals set out in Schedule 3 shall have effect.
Apart from this section, section 39 and paragraphs 11 to 16, 28, 67 and 68 of Schedule 2, this Act does not extend to Northern Ireland.
Section 21.
For the purposes of this Act, “remunerative work” has such meaning as may be prescribed. Regulations may prescribe circumstances in which, for the purposes of this Act—
The question whether a person has, or does not have, limited capability for work shall be determined, for the purposes of this Act, in accordance with the provisions of Part 1 of the Welfare Reform Act 2007 (employment and support allowance) or Part 1 of the Welfare Reform Act 2012 (universal credit) as the Secretary of State considers appropriate in the person’s case . References in Part 1 of the Welfare Reform Act 2007 to the purposes of that Part shall be construed, where the provisions of that Part have effect for the purposes of this Act, as references to the purposes of this Act. References in Part 1 of the Welfare Reform Act 2012 to the purposes of that Part are to be construed, where the provisions of that Part have effect for the purposes of this Act, as references to the purposes of this Act.
Regulations may provide—
for jobseeking periods which are separated by not more than a prescribed number of weeks to be treated, for purposes of this Act, as one jobseeking period;
for prescribed periods (“linked periods") to be linked, for purposes of this Act, to any jobseeking period.
Except in prescribed circumstances, a person is not entitled to a jobseeker’s allowance in respect of a prescribed number of days at the beginning of a jobseeking period.
Regulations may make provision in relation to— in respect of any period of less than a week.
entitlement to a jobseeker’s allowance, or
the amount payable by way of such an allowance,
In relation to any contribution-based jobseeker’s allowance, regulations may make provision— In this paragraph “employment protection sum” means—
Regulations may make provision, for the purposes of any provision of, or made under, this Act—
for such sums by way of pension payments to be disregarded for prescribed purposes;
as to the week in which any pension payments are to be treated as having begun;
for treating, in a case where— such payments as being made to that person by way of weekly pension payments as are specified in or determined under the regulations;
a lump sum is paid to a person in connection with a former employment of his or arrangements are made for a lump sum to be so paid; or
benefits of any description are made available to a person in connection with a former employment of his or arrangements are made for them to be made so available; or
pension payments to a person are assigned, reduced or postponed or are made otherwise than weekly,
for the method of determining whether pension payments are made to a person for any week and their amount.
Regulations may prescribe circumstances in which a person may be entitled to an income-based jobseeker’s allowance without—
being available for employment;
having entered into a jobseeker’s agreement; or
actively seeking employment.
Regulations may prescribe circumstances in which a joint-claim couple may be entitled to a joint-claim jobseeker’s allowance without each member of the couple satisfying all the conditions referred to in section 1(2B)(b). Regulations may prescribe circumstances in which, and a period for which, a transitional case couple may be entitled to a joint-claim jobseeker’s allowance without having jointly made a claim for it. In sub-paragraph (2)—
Regulations may provide—
for an income-based jobseeker’s allowance to which a person is entitled by virtue of regulations under paragraph 8 or 8A to be payable at a prescribed rate;
for it to be payable for a prescribed period.
as to whether the whole or part of any amount of a jobseeker's allowance which is payable as specified in paragraph (a) is recoverable.
This paragraph applies if domestic violence has been inflicted on or threatened against a person (“V”) in prescribed circumstances. The Secretary of State must exercise the powers to make regulations under sections 6(4) and 7(4) so as to secure that, for an exempt period, V is treated as— If V has not entered into a jobseeker's agreement before the exempt period begins, the Secretary of State must also exercise the power to make regulations under section 9(10) so as to secure that V is treated as having entered into a jobseeker's agreement which is in force for the exempt period. In this paragraph— “domestic violence” has such meaning as may be prescribed; “exempt period” means a period of 13 weeks beginning no later than a prescribed period after the date (or last date) on which the domestic violence was inflicted or threatened. Regulations may make provision for the purposes of this paragraph prescribing circumstances in which domestic violence is, or is not, to be regarded as being inflicted on or threatened against a person.
In such circumstances as may be prescribed— may be treated as being entitled to an income-based jobseeker’s allowance before his or (as the case may be) the couple’s claim for the allowance has been determined. In such circumstances as may be prescribed, an income-based jobseeker’s allowance shall be payable in respect of a claimant even though payment to him of a jobseeker’s allowance has been suspended by virtue of regulations under section 21(2) of the Social Security Act 1998. A jobseeker’s allowance shall be payable by virtue of sub-paragraph (1) or (2) only if the claimant has complied with such requirements as to the provision of information as may be prescribed for the purposes of this paragraph. Regulations may make provision for a jobseeker’s allowance payable by virtue of sub-paragraph (1) or (2) to be— Regulations may make provision— References in sub-paragraphs (1) and (2) to an income-based jobseeker's allowance include a payment by way of such an allowance under section 19C.
Regulations may make provision about the entitlement to a jobseeker’s allowance of persons (“ex-members”) who cease to be members of a joint-claim couple. Regulations under this paragraph may, in particular, provide—
Regulations may make provision about the entitlement to a jobseeker’s allowance of persons (“ex-members”) who, having ceased to be members of a joint-claim couple, again become the members of a joint-claim couple. Regulations under this paragraph may, in particular, provide—
Regulations may provide that in prescribed circumstances a claimant who is not in Great Britain may nevertheless be entitled to a contribution-based jobseeker’s allowance. Regulations may make provision for the purposes of this Act as to the circumstances in which a person is to be treated as being or not being in Great Britain.
Regulations may make provision about the entitlement to a jobseeker’s allowance of persons who become members of a joint-claim couple as a result of the couple of which they are members becoming a joint-claim couple. Regulations under this paragraph may, in particular, provide—
Regulations may make provision for the purposes of this Act as to the circumstances in which persons are to be treated as being or not being members of the same household.
Regulations may provide, in relation to any replacement award (within the meaning of paragraph 9A) or new award (within the meaning of paragraph 9B or 9C)— In paragraphs 9A to 9C and this paragraph—
Regulations may make provision for the purposes of this Act as to the circumstances in which one person is to be treated as responsible or not responsible for another.
Regulations may make provision for the purposes of this Act—
as to what is or is not to be treated as relevant education; and
as to the circumstances in which a person is or is not to be treated as receiving relevant education.
Regulations may make provision for calculating periods for any purpose of this Act.
Regulations may modify any provision of this Act in its application to any person who is, has been, or is to be— so far as that provision relates to a contribution-based jobseeker’s allowance. The regulations may in particular provide—
Regulations may require additional conditions to be satisfied with respect to the payment of a jobseeker’s allowance to any person who is, has been, or is to be, in employment which falls within a prescribed description.
Regulations may provide for— to be treated, for prescribed purposes of the Benefits Act, as a benefit, or a benefit of a prescribed description.
a jobseeker’s allowance;
a contribution-based jobseeker’s allowance; or
an income-based jobseeker’s allowance,
For any purpose of this Act regulations may provide for—
circumstances in which a person is to be treated as having or not having a good reason for an act or omission;
matters which are or are not to be taken into account in determining whether a person has a good reason for an act or omission.
Information supplied in pursuance of any provision made by or under this Act . . . shall be taken for all purposes to be information relating to social security.
Section 41(4).
In section 78(2A) of the Social Work (Scotland) Act 1968 (relief from payment of contributions in respect of children subject to supervision requirements etc.), after “income support" insert “, an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995)".
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 53(3) of the Education (Scotland) Act 1980 (school meals), after “income support" insert “or of an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995)" and for “it" substitute “that benefit".
In section 10 of the Administration of Justice Act 1982 (assessment of damages for personal injuries), in paragraph (ii), for “unemployment benefit" substitute “ contribution-based jobseeker’s allowance (payable under the Jobseekers Act 1995). ”
In section 70(2)(b) of the Transport Act 1982 (payments in relation to exemption from wearing seat belts), after “income support" insert “ or an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995) ”
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Paragraph 7A of Schedule 2 to the Abolition of Domestic Rates Etc. (Scotland) Act 1987 (recovery of outstanding community charge by deduction from income support) shall, so far as it continues to have effect by virtue of Article 2 of the Local Government Finance Act 1992 (Recovery of Community Charge) Saving Order 1993, apply as if there were inserted at the end—
The Income and Corporation Taxes Act 1988 is amended as follows.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This paragraph applies to a jobseeker’s allowance as it applies to income support.
The Children Act 1989 is amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “income-based jobseeker’s allowance” has the same meaning as in the Jobseekers Act 1995; In paragraph 21(4) of Schedule 2 (person receiving benefit not to be liable to pay contributions), add at the end “or of an income-based jobseeker’s allowance".
The Child Support Act 1991 is amended as follows. In section 6(1) (applications by those receiving benefit), after “income support," insert “an income-based jobseeker’s allowance,". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 46(11) (definitions), in the definition of “relevant benefit", after “income support," insert “an income-based jobseeker’s allowance,". In section 47(3) (regulations about fees), after “income support," insert “an income-based jobseeker’s allowance,". “income-based jobseeker’s allowance” has the same meaning as in the Jobseekers Act 1995; In paragraph 5(4) of Schedule 1 (assessable income), after “income support" insert “, an income-based jobseeker’s allowance".
Section 24 of the Criminal Justice Act 1991 (recovery of fines etc. by deductions from income support) is amended as follows. In subsection (1), before paragraph (a), after “income support" insert “or a jobseeker’s allowance". In subsection (1)(a), for “income support" substitute “that benefit". In subsection (2)(d), after “income support" insert “or a jobseeker’s allowance".
In section 22 of the Benefits Act (earnings factors), in subsections (2)(a) and (5), after “entitlement to" insert, in each case, “a contribution-based jobseeker’s allowance or to".
In section 61 of the Benefits Act (exclusion of increase of benefit for failure to satisfy contribution condition), for subsection (2) substitute—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 87 of the Benefits Act (rate of increase where associated retirement pension is attributable to reduced contributions), for subsection (1)(a) substitute—.
In section 91 of the Benefits Act (effect of trade disputes on entitlement to dependency increases), for subsection (2) substitute—
In section 116 (application to Her Majesty’s forces), in subsection (2), for the words following “provide" substitute-, in the case of persons who are employed earners in respect of their membership of those forces, for reducing the rate of the contributions payable in respect of their employment and for determining—
“contribution-based jobseeker’s allowance” has the same meaning as in the Jobseekers Act 1995;
Section 124 of the Benefits Act (entitlement to income support) is amended as follows. For subsection (1)(a) substitute-. Omit “and" at the end of subsection (1)(c). For subsection (1)(d) substitute—. In subsection (1), after paragraph (d) insert—
In section 126 of the Benefits Act (income support: trade disputes)—
in subsection (1)(a), for “is disqualified under section 27 above for receiving unemployment benefit" substitute “is prevented from being entitled to a jobseeker’s allowance by section 14 of the Jobseekers Act 1995 (trade disputes)"; and
in subsection (1)(b), for “disqualified" substitute “prevented".
In section 127 of the Benefits Act (effect of return to work), for “disqualified for receiving unemployment benefit" substitute “prevented from being entitled to a jobseeker’s allowance".
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 137 of the Benefits Act (interpretation of Part VII and supplementary provisions) is amended as follows. “income-based jobseeker’s allowance” has the same meaning as in the Jobseekers Act 1995; In subsection (2), for paragraph (d) substitute—.
Schedule 7 to the Benefits Act (industrial injuries benefits) is amended as follows. In paragraph 3(10), for “it has for the purposes of unemployment benefit" substitute “a jobseeking period and any period linked to such a period has for the purposes of the Jobseekers Act 1995.". For paragraph 13(10) substitute—.
In Schedule 13 to the Benefits Act (relationship of statutory maternity pay with benefits and other payments), for paragraph 1 substitute—.
In section 1 of the Administration Act (entitlement to benefit dependent on claim), in the definition of “benefit” in subsection (4), after “Benefits Act;" insert—.
In section 5 of the Administration Act (claims and payments regulations), in subsection (2) after paragraph (a) insert—.
Section 15A of the Administration Act (payment out of benefit of sums in respect of mortgage interest etc.) is amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In the definition of “qualifying associate", in subsection (4)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 17(1) of the Administration Act (questions for adjudication by the Secretary of State), omit “and" at the end of paragraph (g) and after paragraph (h) insert—; and
Section 20 of the Administration Act (claims and questions to be submitted to adjudication officer) is amended as follows. In subsection (1), omit “and" at the end of paragraph (b) and after paragraph (c) insert—; and In subsection (2), after “which", insert— — . In subsection (6), after paragraph (a) insert—.
In section 25 of the Administration Act (review of decisions), in subsection (1)(e), for “25A(4) or (5) of the Contributions and Benefits Act" substitute “ 6(6) or 7(7) of the Jobseekers Act 1995".
In section 58 of the Administration Act (determination of questions and matters arising out of, or pending, reviews and appeals)— in subsection (1), after “Benefits Act" insert “, the Jobseekers Act 1995"; and in subsection (4), after “unemployment benefit" insert “or a jobseeker’s allowance".
In section 61 of the Administration Act (supplementary matters relating to determinations), in subsection (4), after paragraph (a) insert—.
In section 68 of the Administration Act (restrictions on entitlement to benefit in certain cases of error), in the definition of “benefit” in subsection (4), after “Act;" insert—.
In section 70 of the Administration Act (correction of errors and setting aside of decisions), in subsection (3), omit “or" at the end of paragraph (i) and after paragraph (j) insert—; or .
In section 71 of the Administration Act (recovery of overpayments), in subsection (11), after paragraph (a) insert—.
Section 73 of the Administration Act (adjustment of benefits) is amended as follows. In subsection (1)— For subsection (4) substitute—.
In section 74 (recovery and abatement of income support), in subsections (1), (2) and (3) after “support" insert, in each place, “or an income-based jobseeker’s allowance".
In section 78 of the Administration Act (recovery of social fund awards), in subsection (6)(d), after “support" insert “or an income-based jobseeker’s allowance".
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 105 of the Administration Act (failure to maintain) is amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In subsection (3), at the beginning insert “Subject to subsection (4) below,". After subsection (3) insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 115 of the Administration Act (offences by bodies corporate), in subsection (1), after “Act" insert “, or under the Jobseekers Act 1995,".
Section 116 of the Administration Act (legal proceedings) is amended as follows. In subsection (1), after “Act" insert “or the Jobseekers Act 1995". In subsection (2)(a), after “council tax benefit" insert “, or for an offence under the Jobseekers Act 1995,". In subsection (7)(a), after “this Act" insert “or the Jobseekers Act 1995".
In section 117 of the Administration Act (questions arising in proceedings), in subsection (1)(a), after “Act" insert “or the Jobseekers Act 1995".
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 124 of the Administration Act (provisions relating to age, death and marriage), in subsection (1), after “applies;" insert—.
In section 125 of the Administration Act (notifications of deaths), in subsection (1)—
after “Benefits Act" insert “, the Jobseekers Act 1995"; and
for “either of them" substitute “any of those Acts".
In section 126 of the Administration Act (information to be provided by personal representatives in certain cases), in subsection (1), after “support" insert “, an income-based jobseeker’s allowance".
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 150 of the Administration Act (annual up-rating of benefits) is amended as follows. In subsection (1), after paragraph (j) insert-. In subsection (7), after “Benefits Act" insert “or under the Jobseekers Act 1995,".
In section 164(1) of the Administration Act (destination of repayments), after “Subject to" insert “section 38 of the Jobseekers Act 1995 and to".
Section 166 of the Administration Act (financial review and report) is amended as follows. In subsection (1), for the words from “the 1975 Act" to the end substitute—— . In subsection (2), for the words from “Parts I" to the end substitute—— .
In section 170 of the Administration Act (the Social Security Advisory Committee), in subsection (5)—
in the definition of “the relevant enactments", after “payments;" insert— and
in the definition of “the relevant Northern Ireland enactments", after paragraph (a) insert—.
Section 177(5) of the Administration Act (co-ordination with Northern Ireland) is amended as follows. In paragraph (a), after “Benefits Act" insert “, the Jobseekers Act 1995". In paragraph (b), after “Benefits Act" insert “, any enactment in Northern Ireland corresponding to the Jobseekers Act 1995". After “income support;" insert—.
Section 178 of the Administration Act (reciprocal arrangements with Northern Ireland) is amended as follows. In subsection (1), after “Benefits Act" insert “, the Jobseekers Act 1995". In subsection (2), after paragraph (a) insert—. In subsection (3), after “this Act" insert (in each place) “, the Jobseekers Act 1995".
Section 179 of the Administration Act (reciprocal agreements with countries outside the United Kingdom) is amended as follows. In subsection (3), after “this Act" insert “, the Jobseekers Act 1995". In subsection (4), after “Benefits Act;" insert—. In subsection (5), after paragraph (a) insert—.
In section 180 of the Administration Act (payment of travelling expenses by Secretary of State), after “Benefits Act" (in both places) insert “, the Jobseekers Act 1995".
In section 187 of the Administration Act (certain benefit to be inalienable), in subsection (1), after paragraph (a) insert—.
Section 191 of the Administration Act (interpretation) is amended as follows. In the definition of “benefit", after “Act" insert “and includes a jobseeker’s allowance". “contribution-based jobseeker’s allowance” has the same meaning as in the Jobseekers Act 1995; “income-based jobseeker’s allowance” has the same meaning as in the Jobseekers Act 1995;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Paragraph 6 of Schedule 4 to the Local Government Finance Act 1992 (deductions from income support) is amended as follows. In sub-paragraph (1)— In sub-paragraph (2)(b) after “income support" insert “ or a jobseeker’s allowance ” .
Paragraph 6 of Schedule 8 to the Local Government Finance Act 1992 (enforcement in Scotland) is amended as follows. In sub-paragraph (1)— In sub-paragraph (2)(b) after “income support" insert “ or a jobseeker’s allowance ” .
Section 41(5). Chapter Short title Extent of repeal 1976 c. 71. Supplementary Benefits Act 1976. Section 30. Schedule 5. 1991 c. 53. Criminal Justice Act 1991. In section 24(4), in the definition of “income support", the words “unemployment, or". 1992 c. 4. Social Security Contributions and Benefits Act 1992. In section 20, subsection (1)(a) and in the definition of “short-term benefit", in subsection (2), paragraph (a). In section 21(2), in the Table relating to short-term benefits, the entry relating to unemployment benefit. Section 25. Section 25A. Section 25B. Section 26. Section 27. Section 28. Section 29. Section 30. Section 80(2)(a). Section 82(1). In section 124, the word “and", at the end of subsection (1)(c) and subsections (2) and (3). Section 125. In section 163(1), the definition of “period of interruption of employment". In Schedule 3, paragraph 1. In Schedule 4, paragraph 1 of Part I and paragraph 1 of Part IV. In Schedule 11, in paragraph 2(g), the words “, within the meaning of section 27 above,". In Schedule 12, in paragraph 1, the words “a period of interruption of employment for the purposes of unemployment benefit or". 1992 c. 5. Social Security Administration Act 1992. In section 17(1)(g), the word “and" at the end. In section 20(1)(b), the word “and" at the end. In section 70(3)(i), the word “or". In section 71(11)(b), the words “subject to section 72 below". Section 72. 1992 c. 14. Local Government Finance Act 1992. In paragraph 6(1) of Schedule 4, the words “within the meaning of the Social Security Contributions and Benefits Act 1992.". In paragraph 6(1) of Schedule 8, the words “within the meaning of the Social Security Contributions and Benefits Act 1992.". 1994 c. 18. Social Security (Incapacity for Work) Act 1994. In Schedule 1, paragraphs 4, 5, 6, 19, 21, 24(2) and (3), 30, 35, 36, 37, sub-paragraph (b) of paragraph 39, 41(3), 45(2) and 47.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .