The Jobseeker’s Allowance Regulations 1996

Made: 1st February 1996

Coming into force: 7th October 1996

Whereas a draft of this instrument was laid before Parliament in accordance with section 37(2) of the Jobseekers Act 1995 and approved by resolution of each House of Parliament;

Now, therefore, the Secretary of State for Education and Employment, in relation to Parts II, IV and V and regulation 170 of these Regulations, and the Secretary of State for Social Security in relation to the remainder of the Regulations, in exercise of the powers conferred by sections 2(1)(c), 3, 4(1)(b), (2), (4), (5) and (12), 5(3), 6, 7, 8, 9(1), (8), (10), (11) and (12), 10(1), (6)(c) and (7), 11(2), (5) and (7), 12, 13, 15(1), (2)(d), (5) and (6), 17(1), 19(2), (4), (7), (8) and (10)(c), 20, 21, 22, 23, 35(1) and (3), 36 and 40 of, and Schedule 1 to, the Jobseekers Act 1995, sections 5(1)(h), (i) and (j), 22(4), 23(9) and (10), 59, 189(4) and (5) and 191 of, and Schedule 3 to, the Social Security Administration Act 1992, sections 171D, 171G(2) and 175(3) and (4) of the Social Security Contributions and Benefits Act 1992, and of all other powers enabling each of them in that behalf, by this instrument, which contains only regulations made by virtue of, or consequential upon, those provisions of the Jobseekers Act 1995 and which is made before the end of a period of 6 months beginning with the coming into force of those provisions, hereby makes the following Regulations:

PART I — GENERAL

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Jobseeker’s Allowance Regulations 1996.

• (2) These Regulations shall come into force on 7th October 1996.

• (2A) These Regulations do not apply to a particular case on any day on which section 33(1)(a) of the 2012 Act (abolition of income-based jobseeker’s allowance) is in force and applies in relation to that case.

• (3) In these Regulations–

“Abbeyfield Home” means an establishment run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society;

“the Act" means the Jobseekers Act 1995;

“the 2012 Act” means the Welfare Reform Act 2012;

“adoption leave” means a period of absence from work on ordinary or additional adoption leave by virtue of section 75A or 75B of the Employment Rights Act 1996;

"adult disability payment" has the meaning given in regulation 2 of the Disability Assistance for Working Age People (Scotland) Regulations 2022;

“approved blood scheme” means a scheme established or approved by the Secretary of State, or trust established with funds provided by the Secretary of State, for the purpose of providing compensation in respect of a person having been infected from contaminated blood products;

“the Armed Forces and Reserve Forces Compensation Scheme” means the scheme established under section 1(2) of the Armed Forces (Pensions and Compensation) Act 2004;

“armed forces independence payment’’ means armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011;

“attendance allowance" means–

• (a) an attendance allowance under section 64 of the Benefits Act;

• (b) an increase of disablement pension under section 104 or 105 of the Benefits Act (increases where constant attendance needed and for exceptionally severe disablement);

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (e) a payment by virtue of article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 1983 or any analogous payment;

• (f) any payment based on the need for attendance which is paid as an addition to a war disablement pension;

“basic rate”, where it relates to the rate of tax, has the same meaning as in the Income Tax Act 2007 (see section 989 of that Act).

“Back to Work Session” means a seminar or appointment referred to as “a Back to Work Session” arranged by or on behalf of the Secretary of State, the purpose of which is to provide a person who attends with information, support and advice with a view to assisting him to find employment or to improve his chances of finding employment;

“the benefit Acts” means the Act, the Benefits Act, Part 1 of the Welfare Reform Act 2007 , Part 4 of the 2012 Act and the Pensions Act 2014;

“benefit week” means—

• (a) a period of 7 days ending with a day determined in accordance with paragraph (b) unless, in any particular case or class of case, the Secretary of State arranges otherwise;

• (b) the day specified for the purposes of paragraph (a) is the day in column (2) which corresponds to the series of numbers in column (1) which includes the last 2 digits of the person’s national insurance number—

(1)	(2)
00 to 19	Monday
20 to 39	Tuesday
40 to 59	Wednesday
60 to 79	Thursday
80 to 99	Friday;

“board and lodging accommodation" means–

• (a) accommodation provided to a person or, if he is a member of a family, to him or any other member of his family, for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which both are cooked or prepared (by a person other than the person to whom the accommodation is provided or a member of his family) and are consumed in that accommodation or associated premises; or

• (b) accommodation provided to a person in a hotel, guest house, lodging house or some similar establishment,

except accommodation provided by a close relative of his or of any other member of his family, or other than on a commercial basis;

“care home” in England ... has the meaning assigned to it by section 3 of the Care Standards Act 2000, in Wales means a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 which is provided wholly or mainly to persons aged 18 or over and in Scotland means a care home service within the meaning assigned to it by paragraph2 of schedule12 to the Public Services Reform (Scotland) Act 2010;

“carer support payment” means the carer support payment component of carer support given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023;

“the Caxton Foundation” means the charitable trust of that name established on 28th March 2011 out of funds provided by the Secretary of State for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions;

“child abuse payment” means a payment from a scheme established or approved by the Secretary of State for the purpose of providing compensation in respect of historic institutional child abuse in the United Kingdom;

"child disability payment” has the meaning given in regulation 2 of the DACYP Regulations;

“child tax credit” means a child tax credit under section 8 of the Tax Credits Act 2002;

“the Children Order" means the Children (Northern Ireland) Order 1995;

“Claims and Payments Regulations" means the Social Security (Claims and Payments) Regulations 1987;

“close relative" means, except in Parts II, ... and V, a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, sister, or if any of the preceding persons is one member of a couple, the other member of that couple;

“college of further education" means a college of further education within the meaning of Part I of the Further and Higher Education (Scotland) Act 1992;

“concessionary payment" means a payment made under arrangements made by the Secretary of State with the consent of the Treasury which is charged either to the National Insurance Fund or to a Departmental Expenditure Vote to which payments of benefit or tax credits under the benefit Acts or the Tax Credits Act 2002 are charged;

“the Contributions Regulations” means the Social Security (Contributions) Regulations 2001;

“contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the 2012 Act that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;

“co-ownership scheme" means a scheme under which a dwelling is let by a housing association and the tenant, or his personal representative, will, under the terms of the tenancy agreement or of the agreement under which he became a member of the association, be entitled, on his ceasing to be a member and subject to any condition stated in either agreement, to a sum calculated by reference directly or indirectly to the value of the dwelling;

“couple” means—

• (a) two people who are married to, or civil partners of, each other and are members of the same household; or

• (b) two 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 ;

“course of advanced education" means–

• (a) a course leading to a postgraduate degree or comparable qualification, a first degree or comparable qualification, a diploma of higher education or a higher national diploma; or

• (b) any other course which is of a standard above advanced GNVQ or equivalent, including a course which is of a standard above a general certificate of education (advanced level), a Scottish national qualification (higher or advanced higher);

“course of study" means any course of study, whether or not it is a sandwich course and whether or not a grant is made for attending or undertaking it;

“Crown servant” means a person holding an office or employment under the Crown;

“Crown tenant" means a person who occupies a dwelling under a tenancy or licence where the interest of the landlord belongs to Her Majesty in right of the Crown or to a government department or is held in trust for Her Majesty for the purposes of a government department, except (in the case of an interest belonging to Her Majesty in right of the Crown) where the interest is under the management of the Crown Estate Commissioners or a relevant person;

"DACYP Regulations” means the Disability Assistance for Children and Young People (Scotland) Regulations 2021;

“date of claim" means the date on which the claimant makes, or is treated as making, a claim for a jobseeker’s allowance for the purposes of regulation 6 of the Claims and Payments Regulations;

“disability living allowance" means a disability living allowance under section 71 of the Benefits Act;

...

“dwelling occupied as the home" means the dwelling together with any garage, garden and outbuildings, normally occupied by the claimant as his home including any premises not so occupied which it is impracticable or unreasonable to sell separately, in particular, in Scotland, any croft land on which the dwelling is situated;

“earnings" has the meaning specified, in the case of an employed earner, in regulation 98, or in the case of a self-employed earner, in regulation 100;

...

...

“the Eileen Trust" means the charitable trust of that name established on 29th March 1993 out of funds provided by the Secretary of State for the benefit of persons eligible for payment in accordance with its provisions;

“employment-related course" means a course the purpose of which is to assist persons to acquire or enhance skills required for employment, for seeking employment or for a particular occupation;

“the Employment, Skills and Enterprise Scheme” means a scheme under section 17A (schemes for assisting persons to obtain employment: “work for your benefit” schemes etc.) of the Jobseekers Act 1995 known by that name and provided pursuant to arrangements made by the Secretary of State that is designed to assist claimants to obtain employment, including self-employment, and which may include for any individual work-related activity (including work experience or job search);

“the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008;

“employment zone" means an area within Great Britain designated for the purposes of section 60 of the Welfare Reform and Pensions Act 1999 and an “employment zone programme" means a programme established for such an area or areas designed to assist claimants for a jobseeker’s allowance to obtain sustainable employment;

“employment zone contractor" means a person who is undertaking the provision of facilities in respect of an employment zone programme on behalf of the Secretary of State...;

“enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament or the National Assembly for Wales;

“first year of training” means a period of one year beginning with a person’s first day of training.

...

...

“the Flexible New Deal” means the employment programme specified in regulation 75(1)(a)(v);

“full-time course of advanced education" means a course of advanced education which is...—

• (a) ...a full-time course of study which is not funded in whole or in part by the Secretary of State under section 14 of the Education Act 2002 or under section 100 of the Apprenticeships, Skills, Children and Learning Act 2009 or by the Welsh Ministers or a full-time course of study ... which is not funded in whole or in part by the Scottish Ministers at a college of further education or a full-time course of study which is a course of higher education and is funded in whole or in part by the Scottish Ministers;

• (b) a course of study which is funded in whole or in part by the Secretary of State under section 14 of the Education Act 2002 or under section 100 of the Apprenticeships, Skills, Children and Learning Act 2009 or by the Welsh Ministers if it involves more than 16 guided hours per week for the student in question, according to the number of guided learning hours per week for that student set out—

• (i) in the case of a course funded by the Secretary of State ..., in the student’s learning agreement signed on behalf of the establishment which is funded by the Secretary of State for the delivery of that course; or

• (ii) in the case of a course funded by the Welsh Ministers, in a document signed on behalf of the establishment which is funded by the National Council for Education and Training for Wales for the delivery of that course; or,

• (c) ...a course of study (not being higher education) which is funded in whole or in part by the Scottish Ministers at a college of further education if it involves—

• (i) more than 16 hours per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff according to the number of hours set out in a document signed on behalf of the college; or

• (ii) 16 hours or less per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff and it involves additional hours using structured learning packages supported by the teaching staff where the combined total of hours exceeds 21 per week, according to the number of hours set out in a document signed on behalf of the college;

“full-time student" means a person, other than a person in receipt of a training allowance or a person who is a qualifying young person or child within the meaning of section 142 of the Benefits Act (child and qualifying young person), who is—

• (a) aged less than 19 and attending or undertaking a full-time course of advanced education or

• (b) aged 19 or over but under pensionable age and–

• (i) attending or undertaking a full-time course of study which is not funded in whole or in part by the Secretary of State under section 14 of the Education Act 2002 or under section 100 of the Apprenticeships, Skills, Children and Learning Act 2009 or by the Welsh Ministers or a full-time course of study ... which is not funded in whole or in part by the Scottish Ministers at a college of further education or a full-time course of study which is a course of higher education and is funded in whole or in part by the Scottish Ministers;

• (ii) attending or undertaking a course of study which is funded in whole or in part by the Secretary of State under section 14 of the Education Act 2002 or under section 100 of the Apprenticeships, Skills, Children and Learning Act 2009 or by the Welsh Ministers if it involves more than 16 guided hours per week for the student in question, according to the number of guided learning hours per week for that student set out—

• (aa) in the case of a course funded by either of those persons ..., in the student’s learning agreement signed on behalf of the establishment which is funded by either of those persons for the delivery of that course; or,

• (bb) in the case of a course funded by the Welsh Ministers, in a document signed on behalf of the establishment which is funded by the National Council for Education and Training for Wales for the delivery of that course; or,

• (iii) attending or undertaking a course of study (not being higher education) which is funded in whole or in part by the Scottish Ministers at a college of further education if it involves—

• (aa) more than 16 hours per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff according to the number of hours set out in a document signed on behalf of the college; or

• (bb) 16 hours or less per week of classroom or workshop based programmed learning under the direct guidance of teaching staff and it involves additional hours using structured learning packages supported by the teaching staff where the combined total of hours exceeds 21 per week, according to the number of hours set out in a document signed on behalf of the college;

“the Fund" means moneys made available from time to time by the Secretary of State for the benefit of persons eligible for payment in accordance with the provisions of a scheme established by him on 24th April 1992 or, in Scotland, on 10th April 1992;

“Grenfell Tower payment” means a payment made for the purpose of providing compensation or support in respect of the fire on 14th June 2017 at Grenfell Tower;

“a guaranteed income payment” means a payment made under article 14(1)(b) or article 21(1)(a) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005;

“Health Service Act” means the National Health Service Act 2006;

“Health Service (Wales) Act” means the National Health Service (Wales) Act 2006;

“Her Majesty’s forces” has the meaning in the Armed Forces Act 2006;

“higher education" means higher education within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992;