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Jobseekers Act 1995

Type Public General Act

Publication 1995-06-28

Last updated 2025-12-01

State In force

Department Statute Law Database

Source legislation.gov.uk

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Contracting out

20E

(1) 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—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) 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—

(a) specifying places and times, and being contacted, under section 8;

(b) 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;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) 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—

(a) any function under regulations under section 8, . . . 17A . . . . . . , except the making of an excluded decision (see subsection (4));

(b) 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;

(c) 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;

(d) 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).

(4) Each of the following is an “excluded decision” for the purposes of subsection (3)—

(a) a decision about whether a person has failed to comply with a requirement imposed by regulations under section 8, . . . . . . . . . ;

(b) a decision about whether a person had good cause for failure to comply with such a requirement;

(c) a decision about not paying or reducing a jobseeker's allowance in consequence of a failure to comply with such a requirement.

(5) Regulations under subsection (3) may provide that a function to which that subsection applies may be exercised—

(a) either wholly or to such extent as the regulations may provide,

(b) either generally or in such cases as the regulations may provide, and

(6) An authorisation given by virtue of any provision made by or under this section may authorise the exercise of the function concerned—

(a) either wholly or to such extent as may be specified in the authorisation,

(b) either generally or in such cases as may be so specified, and

but, in the case of an authorisation given by virtue of regulations under subsection (3), this subsection is subject to the regulations.

(7) An authorisation given by virtue of any provision made by or under this section—

(a) may specify its duration,

(b) may be revoked at any time by the Secretary of State, and

(c) does not prevent the Secretary of State or any other person from exercising the function to which the authorisation relates.

(8) 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.

(9) But subsection (8) does not apply—

(a) 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

(b) for the purposes of any criminal proceedings brought in respect of anything done by the authorised person (or an employee of that person).

(10) 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.

(11) Where—

(a) the authorisation of an authorised person is revoked at any time, and

(b) 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,

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).

(12) In this section—

(a) “the 1998 Act” means the Social Security Act 1998;

(b) “authorised person” means a person authorised to exercise any function by virtue of any provision made by or under this section;

(c) 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.

Supplementary provisions.

21

Further provisions in relation to a jobseeker’s allowance are set out in Schedule 1.

Members of the forces.

22

(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.

(2) 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.

(3) 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.

Recovery of sums in respect of maintenance.

23

(1) 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.

(2) 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.

(3) 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.

(4) Regulations made under this section may, in particular, include provision—

(a) as to the matters to which the court is, or is not, to have regard in determining any application under the regulations; and

(b) as to the enforcement of recovery orders.

(5) In this section, “the court” means—

(a) in relation to England and Wales, the family court; and

(b) in relation to Scotland, the sheriff.

Effect of alteration of rates.

24

In the Administration Act, insert after section 159—

(159A) (1) This section applies where— (a) an award of a jobseeker’s allowance is in force in favour of any person (“the recipient”); and (b) an alteration— (i) in any component of the allowance, or (ii) in the recipient’s benefit income, affects the amount of the jobseeker’s allowance to which he is entitled. (2) Subsection (3) applies where, as a result of the alteration, the amount of the jobseeker’s allowance to which the recipient is entitled is increased or reduced. (3) As from the commencing date, the amount of the jobseeker’s allowance payable to or for the recipient under the award shall be the increased or reduced amount, without any further decision of an adjudication officer; and the award shall have effect accordingly. (4) In any case where— (a) there is an alteration of a kind mentioned in subsection (1)(b); and (b) before the commencing date (but after that date is fixed) an award of a jobseeker’s allowance is made in favour of a person, the award may provide for the jobseeker’s allowance to be paid as from the commencing date, in which case the amount of the jobseeker’s allowance shall be determined by reference to the components applicable on that date, or may provide for an amount determined by reference to the components applicable at the date of the award. (5) In this section— - “alteration” means- 1. in relation to any component of a jobseeker’s allowance, its alteration by or under any enactment; and 2. in relation to a person’s benefit income, the alteration of any of the sums referred to in section 150 above by any enactment or by an order under section 150 above, to the extent that any such alteration affects the amount of the recipient’s benefit income; - “benefit income”, in relation to a recipient, means so much of his income as consists of— 1. benefit under the Contributions and Benefits Act; or 2. a war disablement pension or war widow’s pension; - “the commencing date” in relation to an alteration, means the date on which the alteration comes into force in relation to the recipient; - “component”, in relation to a jobseeker’s allowance, means any of the sums specified in regulations under the Jobseekers Act 1995 which are relevant in calculating the amount payable by way of a jobseeker’s allowance.

Age increases.

25

In the Administration Act, insert after section 160—

(160A) (1) This section applies where— (a) an award of an income-based jobseeker’s allowance is in force in favour of a person (“the recipient"); and (b) a component has become applicable, or applicable at a particular rate, because he or some other person has reached a particular age (“the qualifying age"). (2) If, as a result of the recipient or other person reaching the qualifying age, the recipient becomes entitled to an income-based jobseeker’s allowance of an increased amount, the amount payable to or for him under the award shall, as from the day on which he becomes so entitled, be that increased amount, without any further decision of an adjudication officer; and the award shall have effect accordingly. (3) Subsection (2) above does not apply where, in consequence of the recipient or other person reaching the qualifying age, a question arises in relation to the recipient’s entitlement to— (a) a benefit under the Contributions and Benefits Act; or (b) a jobseeker’s allowance. (4) Subsection (3)(b) above does not apply to the question— (a) whether the component concerned, or any other component, becomes or ceases to be applicable, or applicable at a particular rate, in the recipient’s case; and (b) whether, in consequence, the amount of his income-based jobseeker’s allowance falls to be varied. (5) In this section “component”, in relation to a recipient and his jobseeker’s allowance, means any of the amounts determined in accordance with regulations made under section 4(5) of the Jobseekers Act 1995.

Part II — Back to Work Schemes

The back to work bonus.

26

(1) 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.

(2) A sum payable under the regulations shall be known as “a back to work bonus”.

(3) 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.

(4) The regulations may, in particular, provide for—

(a) a back to work bonus to be payable only on the occurrence of a prescribed event;

(b) a bonus not to be payable unless a claim is made before the end of the prescribed period;

(c) the amount of a bonus (subject to any maximum prescribed by virtue of paragraph (g)) to be determined in accordance with the regulations;

(d) enabling amounts to be calculated by reference to periods of entitlement to a jobseeker’s allowance and periods of entitlement to income support;

(e) 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);

(f) 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);

(g) the amount of a bonus not to exceed a prescribed maximum;

(h) a bonus not to be payable if the amount of the bonus which would otherwise be payable is less than the prescribed minimum;

(i) prescribed periods to be disregarded for prescribed purposes;

(j) 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;

(k) treating the whole or a prescribed part of an amount which has accrued towards a person’s bonus—

(i) as not having accrued towards his bonus; but

(ii) as having accrued towards the bonus of another person;

(l) 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.

Employment of long-term unemployed: deductions by employers.

27

(1) 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.

(2) An employee is also a “qualifying employee” in relation to his employer for the purposes of this section if—

(a) immediately before beginning his employment with that employer, he had been unemployed for a continuous period of not less than two years;

(b) he is under pensionable age; and

(3) 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.

(4) Those regulations may, in particular, make provision as to the period for which deductions may be made by an employer.

(5) 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—

(a) determined in accordance with the regulations; and

(b) certified by the Commissioners of Inland Revenue, in accordance with the regulations, to be the employer entitled to make those deductions.

(6) Regulations may—

(a) provide that, in prescribed circumstances, a person who would not otherwise satisfy the condition in subsection (1) is to be treated as satisfying it;

(b) 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;

(d) 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;

(e) require persons to maintain such records in connection with deductions made by them as may be prescribed;

(f) 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.

(7) 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—

(a) paid (on such date as may be determined in accordance with the regulations); and

(b) received by the Commissioners of Inland Revenue,

towards discharging the employer’s liability in respect of such contributions.

(8) In this section—

“contributions payments”, in relation to an employer, means the aggregate of the payments which he is required to make by way of primary or secondary Class 1 contributions;

“deductions” means deductions made in accordance with regulations under subsection (3); . . .

“employee” and “employer” have such meaning as may be prescribed.

“prescribed” means specified in or determined in accordance with regulations; and

“regulations” means regulations made by the Treasury.

Expedited claims for housing benefit and council tax benefit.

28

(1) This section provides for the making of regulations to enable—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) priority to be given to certain persons,

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.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In section 63 of the Administration Act (adjudication of claims for housing benefit or council tax benefit), insert after subsection (2)—

(2A) Regulations may make provision requiring authorities to whom claims for housing benefit or council tax benefit are made by, or in respect of, persons who have been entitled to a jobseeker’s allowance or to income support to give priority, in prescribed circumstances, to those claims over other claims for any such benefit.

Pilot schemes.

29

(1) Any regulations to which this subsection applies may be made so as to have effect for a specified period not exceeding 36 months.

(2) 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”.

(3) A pilot scheme may provide that its provisions are to apply only in relation to—

(a) one or more specified areas or localities;

(b) one or more specified classes of person;

(i) by reference to prescribed criteria; or

(ii) on a sampling basis.

(4) A pilot scheme may make consequential or transitional provision with respect to the cessation of the scheme on the expiry of the specified period.

(5) 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.

(6) Subject to subsection (8), subsection (1) applies to—

(a) regulations made under this Act, other than—

(i) regulations made under section 4(2) or (5) which have the effect of reducing any age-related amount or applicable amount; or

(ii) regulations made under section 27;

(b) regulations made under the Administration Act, so far as they relate to a jobseeker’s allowance;

(c) regulations made under Part VII of the Benefits Act (income-related benefits), other than any mentioned in subsection (7); and

(d) regulations made under the Administration Act, so far as they relate to income-related benefits payable under Part VII of the Benefits Act.

(7) The regulations referred to in subsection (6)(c) are—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) regulations under section 130(4) of that Act which have the effect of reducing the appropriate maximum housing benefit;

(d) regulations under section 131(10)(a) of that Act which have the effect of reducing the appropriate maximum council tax benefit; and

(e) regulations reducing any of the sums prescribed under section 135(1) of that Act.

(8) 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—

(a) people remaining in work, or

(b) people obtaining or being able to obtain work (or more work or better-paid work).”

Part III — Miscellaneous and Supplemental

Grants for resettlement places.

30

(1) 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.

(2) 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.

(3) Any grant under this section may be made on such terms and subject to such conditions as the Secretary of State considers appropriate.

(4) Section 30 of, and Schedule 5 to, the Supplementary Benefits Act 1976 (provision of resettlement units) shall cease to have effect.

(5) Any grants made by the Secretary of State under this section shall be paid out of money provided by Parliament.

(6) 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.

Termination of awards.

31

(1) 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.

(2) 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.

(3) In this section “partner” means the other member of the couple concerned.

Insolvency.

32

(1) In section 71 of the Administration Act (overpayments), after subsection (10) insert—

(10A) Where— (a) a jobseeker’s allowance is payable to a person from whom any amount is recoverable as mentioned in subsection (8) above; and (b) that person is subject to a bankruptcy order, a sum deducted from that benefit under that subsection shall not be treated as income of his for the purposes of the Insolvency Act 1986. (10B) Where— (a) a jobseeker’s allowance is payable to a person from whom any amount is recoverable as mentioned in subsection (8) above; and (b) the estate of that person is sequestrated, a sum deducted from that benefit under that subsection shall not be treated as income of his for the purposes of the Bankruptcy (Scotland) Act 1985.

(2) In section 78 of the Administration Act (recovery of social fund awards), after subsection (3) insert—

(3A) Where— (a) a jobseeker’s allowance is payable to a person from whom an award is recoverable under subsection (3) above; and (b) that person is subject to a bankruptcy order, a sum deducted from that benefit under subsection (2) above shall not be treated as income of his for the purposes of the Insolvency Act 1986. (3B) Where— (a) a jobseeker’s allowance is payable to a person from whom an award is recoverable under subsection (3) above; and (b) the estate of that person is sequestrated, a sum deducted from that benefit under subsection (2) above shall not be treated as income of his for the purposes of the Bankruptcy (Scotland) Act 1985.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33

34

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation.

35

(1) In this Act—

“adjudication officer” means an adjudication officer appointed under section 38 of the Administration Act;

“the Administration Act” means the Social Security Administration Act 1992;

“applicable amount” means the applicable amount determined in accordance with regulations under section 4;

“benefit year” has the meaning given by section 2(4);

“the Benefits Act” means the Social Security Contributions and Benefits Act 1992;

“child” means a person under the age of 16;

“claimant” means a person who claims a jobseeker’s allowance except that in relation to a joint-claim couple claiming a joint-claim jobseeker’s allowance it means the couple, or each member of the couple, as the context requires;;

“continental shelf operations” has the same meaning as in section 120 of the Benefits Act;

“contribution-based conditions” means the conditions set out in section 2;

“contribution-based jobseeker’s allowance” has the meaning given in section 1(4);

“couple” means—two people who are married to, or civil partners of, each other and are members of the same household; ortwo people who are not married to, or civil partners of, each other but are living together as if they were a married couple or civil partners otherwise than in prescribed circumstances;“employed earner” has the meaning prescribed for the purposes of this Act;

“employment”, except in section 7, has the meaning prescribed for the purposes of this Act;

“employment officer”, for any purpose of this Act, means an officer of the Secretary of State or such other person as may be designated for that purpose by an order made by the Secretary of State;

“entitled”, in relation to a jobseeker’s allowance, is to be construed in accordance with—the provisions of this Act relating to entitlement; andsection 1 of the Administration Act and section 27 of the Social Security Act 1998;

“family” means—a couple;a couple and a member of the same household for whom one of them is, or both are, responsible and who is a child or a person of a prescribed description;except in prescribed circumstances, a person who is not a member of a couple and a member of the same household for whom that person is responsible and who is a child or a person of a prescribed description;

“FAS payments” means payments made under the Financial Assistance Scheme Regulations 2005;

“Great Britain” includes the territorial waters of the United Kingdom adjacent to Great Britain;

“income-based conditions” means the conditions set out in section 3;

“income-based jobseeker’s allowance” has the meaning given in section 1(4);

“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);

“jobseeker’s agreement” has the meaning given by section 9(1);

“jobseeker's direction” has the meaning given by section 19A;

“jobseeking period” has the meaning prescribed for the purposes of this Act;

“joint-claim couple” and “joint-claim jobseeker’s allowance” have the meanings given by section 1(4);

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“the nominated member”, in relation to a joint-claim couple, shall be construed in accordance with section 3B(4);

“occupational pension scheme” has the same meaning as it has in the Pension Schemes Act 1993 by virtue of section 1 of that Act;

“pensionable age” has the meaning prescribed for the purposes of this Act;

“pension payments” means—periodical payments made in relation to a person, under a personal pension scheme or, in connection with the coming to an end of an employment of his, under an occupational pension scheme or a public service pension scheme; andsuch other payments as may be prescribed;

“personal pension scheme” means—a personal pension scheme as defined by section 1 of the Pension Schemes Act 1993;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; anda personal pension scheme approved under Chapter 4 of Part 14 of the Income and Corporation Taxes Act 1988 which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(g) of Schedule 36 to the Finance Act 2004;

“PPF payments” means any payments made in relation to a person—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); orpayable under section 166 of the Pensions Act 2004 or Article 150 of the Pensions (Northern Ireland) Order 2005 (duty to pay scheme benefits unpaid at assessment date etc.);

“prescribed” , except in section 27 (and in section 36 so far as relating to regulations under section 27), means specified in or determined in accordance with regulations;

“public service pension scheme” has the same meaning as it has in the Pension Schemes Act 1993 by virtue of section 1 of that Act;

“regulations” , except in section 27 (and in section 36 so far as relating to regulations under section 27), means regulations made by the Secretary of State;

“tax year” means the 12 months beginning with 6th April in any year;

“trade dispute” means any dispute between employers and employees, or between employees and employees, which is connected with the employment or non-employment or the terms of employment or the conditions of employment of any persons, whether employees in the employment of the employer with whom the dispute arises, or not;

“training” has the meaning prescribed for the purposes of this Act and, in relation to prescribed provisions of this Act, if regulations so provide, includes assistance to find training or employment, or to improve a person’s prospects of being employed, of such a kind as may be prescribed;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“week” means a period of 7 days beginning with a Sunday or such other period of 7 days as may be prescribed;

“work” has the meaning prescribed for the purposes of this Act;

“work availability requirement” has the meaning given by section 6E;

“year”, except in the expression “benefit year", means a tax year.

(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) 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.

(3) 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.

Regulations and orders.

36

(1) 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.

(1A) Subsection (1) does not apply to an order under section 35(1) in relation to employment officers.

(2) Any such power may be exercised—

(a) 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;

(b) so as to make, as respects the cases in relation to which it is exercised—

(i) the full provision to which the power extends or any less provision (whether by way of exception or otherwise),

(ii) 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,

(iii) any such provision either unconditionally or subject to any specified condition.

(3) 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.

(4) Any such power includes power—

(a) 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

(b) to provide for a person to exercise a discretion in dealing with any matter.

(4A) Without prejudice to the generality of the provisions of this section—

(a) regulations under section 17A . . . may make different provision for different areas;

(b) regulations under section 17A . . . may make provision which applies only in relation to an area or areas specified in the regulations.

(5) 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.

Parliamentary control.

37

(1) Subsection (2) applies in relation to the following regulations (whether made alone or with other regulations)—

(a) regulations made under, or by virtue of, any provision of this Act other than—

(i) section 6, 7, 26, 29 or 40,

(ii) paragraph (b) of the definition of “pension payments” in section 35(1), or

(iii) paragraph 17 of Schedule 1,

before the date on which jobseeker’s allowances first become payable;

(aa) the first regulations to be made under section 6J or 6K;

(ab) the first regulations to be made under sections 19 to 19C;

(b) the first regulations to be made under section 26;

(c) 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.

(2) 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.

(3) 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.

General financial arrangements.

38

(1) There shall be paid out of money provided by Parliament—

(a) any sums paid by the Secretary of State by way of jobseeker’s allowance; and

(b) any expenditure incurred by the Secretary of State or the Commissioners of Inland Revenue under or by virtue of this Act.

(2) 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.

(3) 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.

(4) 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.

(5) 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.

(6) 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.

(7) Estimates under this section shall be made by the relevant authority—

(a) in any manner which, after consulting the Government Actuary or the Deputy Government Actuary, the authority consider appropriate and the Treasury has approved; and

(b) at such times as the authority consider appropriate and the Treasury has approved.

(8) 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.

(9) In subsections (7) and (8) “the relevant authority” means—

(a) the Secretary of State, in relation to any estimate or payment to be made by him, or

(b) the Commissioners of Inland Revenue, in relation to any estimate or payment to be made by them.

Provision for Northern Ireland.

39

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—

(a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Transitional provisions.

40

(1) 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—

(a) the coming into force of any provision of this Act; or

(b) 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.

(2) Regulations under this section may in particular make provision—

(a) for the termination or cancellation of awards of unemployment benefit or income support;

(b) 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")—

(i) of such a kind,

(ii) for such period,

(iii) of such an amount, and

(iv) subject to such conditions,

as may be determined in accordance with the regulations;

(c) 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;

(d) for the termination of an award of a transitional allowance;

(e) for the review of an award of a transitional allowance;

(f) for a contribution-based jobseeker’s allowance not to be payable for a prescribed period where a person is disqualified for receiving unemployment benefit;

(g) 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;

(h) 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;

(i) that the rate of a contribution-based transitional allowance is to be calculated by reference to the rate of unemployment benefit paid or payable.

Short title, commencement, extent etc.

41

(1) This Act may be cited as the Jobseekers Act 1995.

(2) 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.

(3) Different days may be appointed for different purposes.

(4) Schedule 2 makes consequential amendments.

(5) The repeals set out in Schedule 3 shall have effect.

(6) 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.

Schedule A1

Requirements imposed in relation to use of drugs

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Paragraphs 1 to 3: supplementary

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Voluntary and mandatory rehabilitation plans

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sanctions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Information

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to extend provisions to alcohol

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 1

Remunerative work

1

(1) For the purposes of this Act, “remunerative work” has such meaning as may be prescribed.

(2) Regulations may prescribe circumstances in which, for the purposes of this Act—

(a) a person who is not engaged in remunerative work is to be treated as engaged in remunerative work; or

(b) a person who is engaged in remunerative work is to be treated as not engaged in remunerative work.

Limited capability for work

2

(1) 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 .

(2) 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.

(3) 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.

Linking periods

3

Regulations may provide—

(a) 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;

(b) for prescribed periods (“linked periods") to be linked, for purposes of this Act, to any jobseeking period.

Waiting days

4

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.

Periods of less than a week

5

Regulations may make provision in relation to—

(a) entitlement to a jobseeker’s allowance, or

(b) the amount payable by way of such an allowance,

in respect of any period of less than a week.

Employment protection sums

6

(1) In relation to any contribution-based jobseeker’s allowance, regulations may make provision—

(a) for any employment protection sum to be treated as earnings payable by such person, to such person and for such period as may be determined in accordance with the regulations; and

(b) for any such period, so far as it is not a period of employment, to be treated as a period of employment.

(2) In this paragraph “employment protection sum” means—

(a) any sum, or a prescribed part of any sum—

(i) payable, in respect of arrears of pay, under an order for reinstatement or re-engagement made under the Employment Rights Act 1996;

(ii) payable, by way of pay, under an order made under that Act for the continuation of a contract of employment;

(iii) payable, by way of remuneration, under a protective award made under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992; and

(b) any prescribed sum which the regulations provide is to be treated as related to any sum within paragraph (a).

Pension payments

7

Regulations may make provision, for the purposes of any provision of, or made under, this Act—

(a) for such sums by way of pension payments to be disregarded for prescribed purposes;

(b) as to the week in which any pension payments are to be treated as having begun;

(i) 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

(ii) 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

(iii) pension payments to a person are assigned, reduced or postponed or are made otherwise than weekly,

such payments as being made to that person by way of weekly pension payments as are specified in or determined under the regulations;

(d) for the method of determining whether pension payments are made to a person for any week and their amount.

Exemptions

8

Regulations may prescribe circumstances in which a person may be entitled to an income-based jobseeker’s allowance without—

(a) being available for employment;

(b) having entered into a jobseeker’s agreement; or

8A

(1) 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).

(2) 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.

(3) In sub-paragraph (2)—

(a) “a transitional case couple” means a joint-claim couple a member of which is entitled to an income-based jobseeker’s allowance on the coming into force of Schedule 7 to the Welfare Reform and Pensions Act 1999; and

(b) “period” shall be construed in accordance with section 3(3).

8B

(1) This paragraph applies if domestic violence has been inflicted on or threatened against a person (“V”) in prescribed circumstances.

(2) 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—

(a) being available for employment; and

(b) actively seeking employment.

(3) 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.

(4) 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.

(5) 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.

9

Regulations may provide—

(a) 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;

(b) for it to be payable for a prescribed period.

(c) 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.

Continuity of claims and awards: persons ceasing to be a joint-claim couple

9A

(1) 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.

(2) Regulations under this paragraph may, in particular, provide—

(a) for treating each or either of the ex-members as having made any claim made by the couple or, alternatively, for any such claim to lapse;

(b) for any award made in respect of the couple to be replaced by an award (a “replacement award") in respect of each or either of the ex-members of the couple or, alternatively, for any such award to lapse.

Continuity of claims and awards: persons again becoming a joint-claim couple

9B

(1) 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.

(2) Regulations under this paragraph may, in particular, provide—

(a) for any claim made by the ex-members when they were previously a joint-claim couple to be revived or otherwise given effect as a claim made by the couple;

(b) for any award made in respect of the ex-members when they were previously a joint-claim couple to be restored;

(c) for any such award, or any replacement award (within the meaning of paragraph 9A) made in respect of either of them, to be replaced by an award (a “new award”) in respect of the couple.

Continuity of claims and awards: couple becoming a joint-claim couple

9C

(1) 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.

(2) Regulations under this paragraph may, in particular, provide—

(a) for any claim made by either member of the couple before the couple became a joint-claim couple to be given effect as a claim made by the couple;

(b) for any award, or any replacement award (within the meaning of paragraph 9A), made in respect of either member of the couple before the couple became a joint-claim couple to be replaced by an award (a “new award”) in respect of the couple.

Paragraphs 9A to 9C: supplementary

9D

(1) 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)—

(a) for the award to be of an amount determined in a prescribed manner;

(b) for entitlement to the award to be subject to compliance with prescribed requirements as to the provision of information and evidence.

(2) In paragraphs 9A to 9C and this paragraph—

“award” means an award of a jobseeker’s allowance;

“claim” means a claim for a jobseeker’s allowance.

Claims yet to be determined and suspended payments

10

(1) In such circumstances as may be prescribed—

(a) a claimant for a jobseeker’s allowance other than a joint-claim jobseeker’s allowance,

(b) a joint-claim couple claiming a joint-claim jobseeker’s allowance, or

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.

(2) 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.

(3) 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.

(4) Regulations may make provision for a jobseeker’s allowance payable by virtue of sub-paragraph (1) or (2) to be—

(a) payable at a prescribed rate;

(b) payable for a prescribed period;

(5) Regulations may make provision—

(a) as to whether the whole or part of any amount paid by virtue of sub-paragraph (1) or (2) is recoverable;

(b) for the whole or part of any amount paid by virtue of sub-paragraph (1) to be treated, if an award is made on the claim referred to there, as having been paid on account of the jobseeker’s allowance awarded;

(c) for the whole or part of any amount paid by virtue of sub-paragraph (2) to be treated, if the suspension referred to there is lifted, as having been paid on account of the suspended allowance.

(6) 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.

Presence in and absence from Great Britain

11

(1) 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.

(2) 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.

Households

12

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.

Responsibility for another person

13

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.

Relevant education

14

Regulations may make provision for the purposes of this Act—

(a) as to what is or is not to be treated as relevant education; and

(b) as to the circumstances in which a person is or is not to be treated as receiving relevant education.

14AA

For any purpose of this Act regulations may provide for—

(a) circumstances in which a person is to be treated as having or not having a good reason for an act or omission;

(b) 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.

Calculation of periods

15

Regulations may make provision for calculating periods for any purpose of this Act.

Employment on ships etc.

16

(1) Regulations may modify any provision of this Act in its application to any person who is, has been, or is to be—

(a) employed on board any ship, vessel, hovercraft or aircraft,

(b) outside Great Britain at any prescribed time or in any prescribed circumstances, or

so far as that provision relates to a contribution-based jobseeker’s allowance.

(2) The regulations may in particular provide—

(a) for any such provision to apply even though it would not otherwise apply;

(b) for any such provision not to apply even though it would otherwise apply;

(c) for the taking of evidence, in a country or territory outside Great Britain, by a British consular official or other prescribed person;

(d) for enabling payment of the whole, or any part of a contribution-based jobseeker’s allowance to be paid to such of the claimant’s dependants as may be prescribed.

Additional conditions

17

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.

Benefits Act purposes

18

Regulations may provide for—

(a) a jobseeker’s allowance;

(b) a contribution-based jobseeker’s allowance; or

to be treated, for prescribed purposes of the Benefits Act, as a benefit, or a benefit of a prescribed description.

19

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.

SCHEDULE 2

1

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)".

The Employment Protection (Consolidation) Act 1978 (c. 44)

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Education Act 1980 (c. 20)

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Magistrates’ Courts Act 1980 (c. 43)

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Education (Scotland) Act 1980 (c. 44)

5

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".

The Administration of Justice Act 1982 (c. 53)

6

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). ”

The Transport Act 1982 (c. 49)

7

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) ”

The Bankruptcy (Scotland) Act 1985 (c. 66)

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Legal Aid (Scotland) Act 1986 (c.47)

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47)

10

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—

(3) This paragraph applies to a jobseeker’s allowance as it applies to income support.

The Income and Corporation Taxes Act 1988 (c. 1)

11

The Income and Corporation Taxes Act 1988 is amended as follows.

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Education Reform Act 1988 (c. 40)

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Local Government Finance Act 1988 (c. 41)

18

In paragraph 6 of Schedule 4 to the Local Government Finance Act 1988 (recovery of outstanding community charge by deduction from income support), insert at the end—

(3) This paragraph applies to a jobseeker’s allowance as it applies to income support.

The Children Act 1989 (c. 41)

19

(1) The Children Act 1989 is amended as follows.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In section 105 (interpretation), after the definition of “ill-treatment" insert—

“income-based jobseeker’s allowance” has the same meaning as in the Jobseekers Act 1995;

(5) 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 (c. 48)

20

(1) The Child Support Act 1991 is amended as follows.

(2) In section 6(1) (applications by those receiving benefit), after “income support," insert “an income-based jobseeker’s allowance,".

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In section 46(11) (definitions), in the definition of “relevant benefit", after “income support," insert “an income-based jobseeker’s allowance,".

(5) In section 47(3) (regulations about fees), after “income support," insert “an income-based jobseeker’s allowance,".

(6) In section 54 (interpretation), after the definition of “income support" insert—

“income-based jobseeker’s allowance” has the same meaning as in the Jobseekers Act 1995;

(7) In paragraph 5(4) of Schedule 1 (assessable income), after “income support" insert “, an income-based jobseeker’s allowance".

The Criminal Justice Act 1991 (c. 53)

21

(1) Section 24 of the Criminal Justice Act 1991 (recovery of fines etc. by deductions from income support) is amended as follows.

(2) In subsection (1), before paragraph (a), after “income support" insert “or a jobseeker’s allowance".

(3) In subsection (1)(a), for “income support" substitute “that benefit".

(4) In subsection (2)(d), after “income support" insert “or a jobseeker’s allowance".

22

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".

23

In section 61 of the Benefits Act (exclusion of increase of benefit for failure to satisfy contribution condition), for subsection (2) substitute—

(2) Where a person is entitled to short-term incapacity benefit at a rate determined under section 30B(3) above and the retirement pension by reference to which the rate of the benefit is determined— (a) would have been payable only by virtue of section 60 above, and (b) would, in consequence of a failure to satisfy a contribution condition, have contained no basic pension, the benefit shall not be increased under section 47(1) above or under Part IV below on account of a child or an adult

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26

In section 87 of the Benefits Act (rate of increase where associated retirement pension is attributable to reduced contributions), for subsection (1)(a) substitute—

(a) is entitled to short-term incapacity benefit under section 30A(2)(b) above; and

27

In section 91 of the Benefits Act (effect of trade disputes on entitlement to dependency increases), for subsection (2) substitute—

(2) A person falls within this subsection if— (a) he is prevented from being entitled to a jobseeker’s allowance by section 14 of the Jobseekers Act 1995 (trade disputes); or (b) he would be so prevented if he were otherwise entitled to that benefit.

28

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— (a) the amounts payable on account of those contributions by the Secretary of State and the time and manner of payment, and (b) the deduction (if any) to be made on account of those contributions from the pay of those persons.

29

In section 122(1) of the Benefits Act (interpretation of Parts I to VI of that Act), after the definition of “contract of service" insert—

“contribution-based jobseeker’s allowance” has the same meaning as in the Jobseekers Act 1995;

30

(1) Section 124 of the Benefits Act (entitlement to income support) is amended as follows.

(2) For subsection (1)(a) substitute-

(a) he is of or over the age of 16;

(3) Omit “and" at the end of subsection (1)(c).

(4) For subsection (1)(d) substitute—

(d) except in such circumstances as may be prescribed, he is not receiving relevant education;

(5) In subsection (1), after paragraph (d) insert—

(e) he falls within a prescribed category of person; and (f) he is not entitled to a jobseeker’s allowance and, if he is a member of a married or unmarried couple, the other member of the couple is not entitled to an income-based jobseeker’s allowance.

31

In section 126 of the Benefits Act (income support: trade disputes)—

(a) 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

(b) in subsection (1)(b), for “disqualified" substitute “prevented".

32

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".

33

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

35

(1) Section 137 of the Benefits Act (interpretation of Part VII and supplementary provisions) is amended as follows.

(2) In subsection (1), after the definition of “family" insert—

“income-based jobseeker’s allowance” has the same meaning as in the Jobseekers Act 1995;

(3) In subsection (2), for paragraph (d) substitute—

(d) as to circumstances in which a person is or is not to be treated as engaged or normally engaged in remunerative work;

36

(1) Schedule 7 to the Benefits Act (industrial injuries benefits) is amended as follows.

(2) 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.".

(3) For paragraph 13(10) substitute—

(10) “Day of interruption of employment” means a day which forms part of— (a) a jobseeking period (as defined by the Jobseekers Act 1995), or (b) a linked period (as defined by that Act).

37

In Schedule 13 to the Benefits Act (relationship of statutory maternity pay with benefits and other payments), for paragraph 1 substitute—

(1) Except as may be prescribed, a day which falls within the maternity pay period shall not be treated as a day of incapacity for work for the purposes of determining, for this Act, whether it forms part of a period of incapacity for work for the purposes of incapacity benefit.

38

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—

(aa) a jobseeker’s allowance;

39

In section 5 of the Administration Act (claims and payments regulations), in subsection (2) after paragraph (a) insert—

(aa) a jobseeker’s allowance;

40

(1) Section 15A of the Administration Act (payment out of benefit of sums in respect of mortgage interest etc.) is amended as follows.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In the definition of “qualifying associate", in subsection (4)—

(a) after “support" insert “or an income-based jobseeker’s allowance"; and

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

41

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 (i) any question arising under section 27 of the Jobseekers Act 1995, or under any provision of regulations under that section, as to— (i) whether a person is, or was, an employee or employer of another; (ii) whether an employer is entitled to make any deduction from his contributions payments in accordance with regulations under section 27 of that Act; (iii) whether a payment falls to be made to an employer in accordance with those regulations; (iv) the amount that falls to be so deducted or paid; or (v) whether two or more employers are, by virtue of regulations under section 27 of that Act, to be treated as one.

42

(1) Section 20 of the Administration Act (claims and questions to be submitted to adjudication officer) is amended as follows.

(2) In subsection (1), omit “and" at the end of paragraph (b) and after paragraph (c) insert—

; and (d) any question whether a jobseeker’s allowance is not payable to a person by virtue of section 19 of the Jobseekers Act 1995.

(3) In subsection (2), after “which", insert—

— (a) may be determined by an adjudication officer under section 9(6) or 10(5) of the Jobseekers Act 1995; or (b)

(4) In subsection (6), after paragraph (a) insert—

(aa) a jobseeker’s allowance;

43

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".

44

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"; andin subsection (4), after “unemployment benefit" insert “or a jobseeker’s allowance".

45

In section 61 of the Administration Act (supplementary matters relating to determinations), in subsection (4), after paragraph (a) insert—

(aa) to a jobseeker’s allowance;

46

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—

(aa) a jobseeker’s allowance;

47

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 (l) the Jobseekers Act 1995.

48

In section 71 of the Administration Act (recovery of overpayments), in subsection (11), after paragraph (a) insert—

(aa) subject to section 71A below, a jobseeker’s allowance;

49

(1) Section 73 of the Administration Act (adjustment of benefits) is amended as follows.

(2) In subsection (1)—

(a) after “Act" insert “, or a contribution-based jobseeker’s allowance,"; and

(b) for “its receipt" substitute “receipt of that benefit".

(3) For subsection (4) substitute—

(4) Regulations may provide for adjusting— (a) benefit as defined in section 122 of the Contributions and Benefits Act; or (b) a contribution-based jobseeker’s allowance, payable to or in respect of any person where there is payable in his case any such benefit as is described in subsection (5) below.

50

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".

51

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".

52

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

53

(1) Section 105 of the Administration Act (failure to maintain) is amended as follows.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In subsection (3), at the beginning insert “Subject to subsection (4) below,".

(4) After subsection (3) insert—

(4) For the purposes of this section, in its application to an income-based jobseeker’s allowance, a person is liable to maintain another if that other person is his or her spouse.

54

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

55

In section 115 of the Administration Act (offences by bodies corporate), in subsection (1), after “Act" insert “, or under the Jobseekers Act 1995,".

56

(1) Section 116 of the Administration Act (legal proceedings) is amended as follows.

(2) In subsection (1), after “Act" insert “or the Jobseekers Act 1995".

(3) In subsection (2)(a), after “council tax benefit" insert “, or for an offence under the Jobseekers Act 1995,".

(4) In subsection (7)(a), after “this Act" insert “or the Jobseekers Act 1995".

57

In section 117 of the Administration Act (questions arising in proceedings), in subsection (1)(a), after “Act" insert “or the Jobseekers Act 1995".

58

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

59

In section 124 of the Administration Act (provisions relating to age, death and marriage), in subsection (1), after “applies;" insert—

(aa) of the provisions of Parts I and II of the Jobseekers Act 1995;

60

In section 125 of the Administration Act (notifications of deaths), in subsection (1)—

(a) after “Benefits Act" insert “, the Jobseekers Act 1995"; and

(b) for “either of them" substitute “any of those Acts".

61

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".

62

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

63

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

64

(1) Section 150 of the Administration Act (annual up-rating of benefits) is amended as follows.

(2) In subsection (1), after paragraph (j) insert-

(k) specified in regulations under section 4(2) or (5) of the Jobseekers Act 1995;

(3) In subsection (7), after “Benefits Act" insert “or under the Jobseekers Act 1995,".

65

In section 164(1) of the Administration Act (destination of repayments), after “Subject to" insert “section 38 of the Jobseekers Act 1995 and to".

66

(1) Section 166 of the Administration Act (financial review and report) is amended as follows.

(2) In subsection (1), for the words from “the 1975 Act" to the end substitute—

— (a) the 1975 Act; (b) Parts I to VI of the Contributions and Benefits Act (except Part I of Schedule 8); (c) the provisions of the Jobseekers Act 1995 relating to a contribution-based jobseeker’s allowance; and (d) this Act so far as it relates to the provisions specified in paragraphs (b) and (c) above.

(3) In subsection (2), for the words from “Parts I" to the end substitute—

— (a) Parts I to VI of the Contributions and Benefits Act (except Part I of Schedule 8); (b) the provisions of the Jobseekers Act 1995 relating to a contribution-based jobseeker’s allowance; and (c) this Act so far as it relates to the provisions specified in paragraphs (a) and (b) above.

67

In section 170 of the Administration Act (the Social Security Advisory Committee), in subsection (5)—

(a) in the definition of “the relevant enactments", after “payments;" insert—

(aa) the provisions of the Jobseekers Act 1995;

and

(b) in the definition of “the relevant Northern Ireland enactments", after paragraph (a) insert—

(aa) any provisions in Northern Ireland which correspond to provisions of the Jobseekers Act 1995; and

68

(1) Section 177(5) of the Administration Act (co-ordination with Northern Ireland) is amended as follows.

(2) In paragraph (a), after “Benefits Act" insert “, the Jobseekers Act 1995".

(3) In paragraph (b), after “Benefits Act" insert “, any enactment in Northern Ireland corresponding to the Jobseekers Act 1995".

(4) After “income support;" insert—

(ia) income-based jobseeker’s allowance;

69

(1) Section 178 of the Administration Act (reciprocal arrangements with Northern Ireland) is amended as follows.

(2) In subsection (1), after “Benefits Act" insert “, the Jobseekers Act 1995".

(3) In subsection (2), after paragraph (a) insert—

(aa) income-based jobseeker’s allowance;

(4) In subsection (3), after “this Act" insert (in each place) “, the Jobseekers Act 1995".

70

(1) Section 179 of the Administration Act (reciprocal agreements with countries outside the United Kingdom) is amended as follows.

(2) In subsection (3), after “this Act" insert “, the Jobseekers Act 1995".

(3) In subsection (4), after “Benefits Act;" insert—

(aa) to the Jobseekers Act 1995;

(4) In subsection (5), after paragraph (a) insert—

(aa) jobseeker’s allowance;

71

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".

72

In section 187 of the Administration Act (certain benefit to be inalienable), in subsection (1), after paragraph (a) insert—

(aa) a jobseeker’s allowance;

73

(1) Section 191 of the Administration Act (interpretation) is amended as follows.

(2) In the definition of “benefit", after “Act" insert “and includes a jobseeker’s allowance".

(3) After the definition of “the Consequential Provisions Act" insert—

“contribution-based jobseeker’s allowance” has the same meaning as in the Jobseekers Act 1995;

(4) After the definition of “housing benefit scheme" insert—

“income-based jobseeker’s allowance” has the same meaning as in the Jobseekers Act 1995;

74

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Local Government Finance Act 1992 (c.14)

75

(1) Paragraph 6 of Schedule 4 to the Local Government Finance Act 1992 (deductions from income support) is amended as follows.

(2) In sub-paragraph (1)—

(a) after first “income support" insert “ or a jobseeker’s allowance ”;

(b) omit “within the meaning of the Social Security Contributions and Benefits Act 1992"; and

(3) In sub-paragraph (2)(b) after “income support" insert “ or a jobseeker’s allowance ” .

76

(1) Paragraph 6 of Schedule 8 to the Local Government Finance Act 1992 (enforcement in Scotland) is amended as follows.

(2) In sub-paragraph (1)—

(a) after first “income support" insert “ or a jobseeker’s allowance ”;

(b) omit “within the meaning of the Social Security Contributions and Benefits Act 1992"; and

(3) In sub-paragraph (2)(b) after “income support" insert “ or a jobseeker’s allowance ” .

SCHEDULE 3

Editorial notes

[^c21696181]: S. 1(2) modified (27.10.2003) by The Employment Zones Regulations 2003 (S.I. 2003/2438), reg. 5

[^c21696201]: S. 1(2) modified (26.4.2004) by The Employment Zones (Allocation to Contractors) Pilot Regulations 2004 (S.I. 2004/934), reg. 6

[^c21696221]: S. 1(2) modified (26.4.2004) by The Social Security (Working Neighbourhoods) Regulations 2004 (S.I. 2004/959), reg. 20

[^c21696281]: S. 1(2) modified (25.4.2005) by The Employment Zones (Allocation to Contractors) Pilot Regulations 2005 (S.I. 2005/1125), reg. 6

[^c21710691]: S. 1(2) modified (24.4.2006) by The Employment Zones (Allocation to Contractors) Pilot Regulations 2006 (S.I. 2006/962), reg. 7

[^c11296141]: S. 1(2)(a)-(c) restricted (19.3.2001) by S.I. 1996/207, reg. 146C(4) (as inserted (19.3.2001) by S.I. 2000/1978, reg. 2(3))

[^c11296151]: S. 1(2)(a)-(c)(e)-(i) applied (with modifications) (4.11.1996) by S.I. 1996/2567, reg. 2(1)(2)-(4)

[^c11296181]: S. 1(2)(d) substituted (19.3.2001) by 1999 c. 30, s. 59, Sch. 7 para. 2; S.I. 2000/2958, art. 2(2)

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