(1) An allowance, to be known as a jobseeker’s allowance, shall be payable in accordance with the provisions of this Act.
(2) Subject to the provisions of this Act, a claimant is entitled to a jobseeker’s allowance if he—
(a) is available for employment;
(b) has entered into a jobseeker’s agreement which remains in force;
(c) is actively seeking employment;
(d) satisfies either—
(i) the conditions set out in section 2; or
(ii) the conditions set out in section 3;
(e) is not engaged in remunerative work;
(f) is capable of work;
(g) is not receiving relevant education;
(h) is under pensionable age; and
(i) is in Great Britain.
(3) A jobseeker’s allowance is payable in respect of a week.
(4) In this Act—
“a contribution-based jobseeker’s allowance” means a jobseeker’s allowance entitlement to which is based on the claimant’s satisfying conditions which include those set out in section 2; and
“an income-based jobseeker’s allowance” means a jobseeker’s allowance entitlement to which is based on the claimant’s satisfying conditions which include those set out in section 3.
(1) The conditions referred to in section 1(2)(d)(i) are that the claimant—
(a) has actually paid Class 1 contributions in respect of one (“the base year”) of the last two complete years before the beginning of the relevant benefit year and satisfies the additional conditions set out in subsection (2);
(b) has, in respect of the last two complete years before the beginning of the relevant benefit year, either paid Class 1 contributions or been credited with earnings and satisfies the additional condition set out in subsection (3);
(c) does not have earnings in excess of the prescribed amount; and
(d) is not entitled to income support.
(2) The additional conditions mentioned in subsection (1)(a) are that—
(a) the contributions have been paid before the week for which the jobseeker’s allowance is claimed;
(b) the earnings factor derived from earnings upon which primary Class 1 contributions have been paid or treated as paid is not less than the base year’s lower earnings limit multiplied by 25.
(3) The additional condition mentioned in subsection (1)(b) is that the earnings factor derived from earnings upon which primary Class 1 contributions have been paid or treated as paid or from earnings credited is not less, in each of the two complete years, than the lower earnings limit for the year multiplied by 50.
(4) For the purposes of this section—
(a) “benefit year” means a period which is a benefit year for the purposes of Part II of the Benefits Act or such other period as may be prescribed for the purposes of this section;
(b) “the relevant benefit year” is the benefit year which includes—
(i) the beginning of the jobseeking period which includes the week for which a jobseeker’s allowance is claimed, or
(ii) (if earlier) the beginning of any linked period; and
(c) other expressions which are used in this section and the Benefits Act have the same meaning in this section as they have in that Act.
(1) The conditions referred to in section 1(2)(d)(ii) are that the claimant—
(a) has an income which does not exceed the applicable amount (determined in accordance with regulations under section 4) or has no income;
(b) is not entitled to income support;
(c) is not a member of a family one of whose members is entitled to income support;
(d) is not a member of a family one of whose members is entitled to an income-based jobseeker’s allowance;
(e) is not a member of a married or unmarried couple the other member of which is engaged in remunerative work; and
(f) is a person—
(i) who has reached the age of 18; or
(ii) in respect of whom a direction under section 16 is in force; or
(iii) who has, in prescribed circumstances to be taken into account for a prescribed period, reached the age of 16 but not the age of 18.
(2) Regulations may provide for one or both of the following conditions to be included in the income-based conditions, in the case of a person to whom subsection (1)(f)(ii) or (iii) applies—
(a) a condition that the claimant must register for employment;
(b) a condition that the claimant must register for training.
(3) In subsection (1)(f)(iii) “period” includes—
(a) a period of a determinate length;
(b) a period defined by reference to the happening of a future event; and
(c) a period of a determinate length but subject to earlier determination upon the happening of a future event.
(4) Regulations under subsection (2) may, in particular, make provision by reference to persons designated by the Secretary of State for the purpose of the regulations.
(1) In the case of a contribution-based jobseeker’s allowance, the amount payable in respect of a claimant (“his personal rate”) shall be calculated by—
(a) determining the age-related amount applicable to him; and
(b) making prescribed deductions in respect of earnings and pension payments.
(2) The age-related amount applicable to a claimant, for the purposes of subsection (1)(a), shall be determined in accordance with regulations.
(3) In the case of an income-based jobseeker’s allowance, the amount payable shall be—
(a) if a claimant has no income, the applicable amount;
(b) if a claimant has an income, the amount by which the applicable amount exceeds his income.
(4) Except in prescribed circumstances, a jobseeker’s allowance shall not be payable where the amount otherwise payable would be less than a prescribed minimum.
(5) The applicable amount shall be such amount or the aggregate of such amounts as may be determined in accordance with regulations.
(6) Where a claimant satisfies both the contribution-based conditions and the income-based conditions but has no income, the amount payable shall be—
(a) the applicable amount, if that is greater than his personal rate; and
(b) his personal rate, if it is not.
(7) Where the amount payable to a claimant to whom subsection (6) applies is the applicable amount, the amount payable to him by way of a jobseeker’s allowance shall be taken to consist of two elements—
(a) one being an amount equal to his personal rate; and
(b) the other being an amount equal to the excess of the applicable amount over his personal rate.
(8) Where a claimant satisfies both the contribution-based conditions and the income-based conditions and has an income, the amount payable shall be—
(a) the amount by which the applicable amount exceeds his income, if the amount of that excess is greater than his personal rate; and
(b) his personal rate, if it is not.
(9) Where the amount payable to a claimant to whom subsection (8) applies is the amount by which the applicable amount exceeds his income, the amount payable to him by way of a jobseeker’s allowance shall be taken to consist of two elements—
(a) one being an amount equal to his personal rate; and
(b) the other being an amount equal to the amount by which the difference between the applicable amount and his income exceeds his personal rate.
(10) The element of a jobseeker’s allowance mentioned in subsection (7)(a) and that mentioned in subsection (9)(a) shall be treated, for the purpose of identifying the source of the allowance, as attributable to the claimant’s entitlement to a contribution-based jobseeker’s allowance.
(11) The element of a jobseeker’s allowance mentioned in subsection (7)(b) and that mentioned in subsection (9)(b) shall be treated, for the purpose of identifying the source of the allowance, as attributable to the claimant’s entitlement to an income-based jobseeker’s allowance.
(12) Regulations under subsection (5) may provide that, in prescribed cases, an applicable amount is to be nil.
(1) The period for which a person is entitled to a contribution-based jobseeker’s allowance shall not exceed, in the aggregate, 182 days in any period for which his entitlement is established by reference (under section 2(1)(b)) to the same two years.
(2) The fact that a person’s entitlement to a contribution-based jobseeker’s allowance (“his previous entitlement”) has ceased as a result of subsection (1), does not prevent his being entitled to a further contribution-based jobseeker’s allowance if—
(a) he satisfies the contribution-based conditions; and
(b) the two years by reference to which he satisfies those conditions includes at least one year which is later than the second of the two years by reference to which his previous entitlement was established.
(3) Regulations may provide that a person who would be entitled to a contribution-based jobseeker’s allowance but for the operation of prescribed provisions of, or made under, this Act shall be treated as if entitled to the allowance for the purposes of this section.
(1) For the purposes of this Act, a person is available for employment if he is willing and able to take up immediately any employed earner’s employment.
(2) Subsection (1) is subject to such provisions as may be made by regulations; and those regulations may, in particular, provide that a person—
(a) may restrict his availability for employment in any week in such ways as may be prescribed; or
(b) may restrict his availability for employment in any week in such circumstances as may be prescribed (for example, on grounds of conscience, religious conviction or physical or mental condition or because he is caring for another person) and in such ways as may be prescribed.
(3) The following are examples of restrictions for which provision may be made by the regulations—
(a) restrictions on the nature of the employment for which a person is available;
(b) restrictions on the periods for which he is available;
(c) restrictions on the terms or conditions of employment for which he is available;
(d) restrictions on the locality or localities within which he is available.
(4) Regulations may prescribe circumstances in which, for the purposes of this Act, a person is or is not to be treated as available for employment.
(5) Regulations under subsection (4) may, in particular, provide for a person who is available for employment—
(a) only in his usual occupation,
(b) only at a level of remuneration not lower than that which he is accustomed to receive, or
(c) only in his usual occupation and at a level of remuneration not lower than that which he is accustomed to receive,
to be treated, for a permitted period, as available for employment.
(6) Where it has been determined (“the first determination”) that a person is to be treated, for the purposes of this Act, as available for employment in any week, the question whether he is available for employment in that week may be subsequently determined on a review of the first determination.
(7) In this section “permitted period”, in relation to any person, means such period as may be determined in accordance with the regulations made under subsection (4).
(8) Regulations under subsection (4) may prescribe, in relation to permitted periods—
(a) the day on which any such period is to be regarded as having begun in any case;
(b) the shortest and longest periods which may be determined in any case;
(c) factors which an adjudication officer may take into account in determining the period in any case.
(9) For the purposes of this section “employed earner’s employment” has the same meaning as in the Benefits Act.
(1) For the purposes of this Act, a person is actively seeking employment in any week if he takes in that week such steps as he can reasonably be expected to have to take in order to have the best prospects of securing employment.
(2) Regulations may make provision—
(a) with respect to steps which it is reasonable, for the purposes of subsection (1), for a person to be expected to have to take in any week;
(b) as to circumstances (for example, his skills, qualifications, abilities and physical or mental limitations) which, in particular, are to be taken into account in determining whether, in relation to any steps taken by a person, the requirements of subsection (1) are satisfied in any week.
(3) Regulations may make provision for acts of a person which would otherwise be relevant for purposes of this section to be disregarded in such circumstances (including circumstances constituted by, or connected with, his behaviour or appearance) as may be prescribed.
(4) Regulations may prescribe circumstances in which, for the purposes of this Act, a person is to be treated as actively seeking employment.
(5) Regulations under subsection (4) may, in particular, provide for a person who is actively seeking employment—
(a) only in his usual occupation,
(b) only at a level of remuneration not lower than that which he is accustomed to receive, or
(c) only in his usual occupation and at a level of remuneration not lower than that which he is accustomed to receive,
to be treated, for the permitted period determined in his case for the purposes of section 6(5), as actively seeking employment during that period.
(6) Regulations may provide for this section, and any regulations made under it, to have effect in relation to a person who has reached the age of 16 but not the age of 18 as if “employment” included “training”.
(7) Where it has been determined (“the first determination”) that a person is to be treated, for the purposes of this Act, as actively seeking employment in any week, the question whether he is actively seeking employment in that week may subsequently be determined on a review of the first determination.
(8) For the purposes of this section—
“employment” means employed earner’s employment or, in prescribed circumstances—
(a) self-employed earner’s employment; or
(b) employed earner’s employment and self-employed earner’s employment; and
“employed earner’s employment” and “self-employed earner’s employment” have the same meaning as in the Benefits Act.
(1) Regulations may make provision for requiring a claimant—
(a) to attend at such place and at such time as the Secretary of State may specify; and
(b) to provide information and such evidence as may be prescribed as to his circumstances, his availability for employment and the extent to which he is actively seeking employment.
(2) Regulations under subsection (1) may, in particular—
(a) prescribe circumstances in which entitlement to a jobseeker’s allowance is to cease in the case of a claimant who fails to comply with any regulations made under that subsection;
(b) provide for entitlement to cease at such time (after he last attended in compliance with requirements of the kind mentioned in subsection (1)(a)) as may be determined in accordance with any such regulations;
(c) provide for entitlement not to cease if the claimant shows, within a prescribed period of his failure to comply, that he had good cause for that failure; and
(d) prescribe—
(i) matters which are, or are not, to be taken into account in determining whether a person has, or does not have, good cause for failing to comply with any such regulations; and
(ii) circumstances in which a person is, or is not, to be regarded as having, or not having, good cause for failing to comply with any such regulations.
(1) An agreement which is entered into by a claimant and an employment officer and which complies with the prescribed requirements in force at the time when the agreement is made is referred to in this Act as “a jobseeker’s agreement”.
(2) A jobseeker’s agreement shall have effect only for the purposes of section 1.
(3) A jobseeker’s agreement shall be in writing and be signed by both parties.
(4) A copy of the agreement shall be given to the claimant.
(5) An employment officer shall not enter into a jobseeker’s agreement with a claimant unless, in the officer’s opinion, the conditions mentioned in section 1(2)(a) and (c) would be satisfied with respect to the claimant if he were to comply with, or be treated as complying with, the proposed agreement.
(6) The employment officer may, and if asked to do so by the claimant shall forthwith, refer a proposed jobseeker’s agreement to an adjudication officer for him to determine—
(a) whether, if the claimant concerned were to comply with the proposed agreement, he would satisfy—
(i) the condition mentioned in section 1(2)(a), or
(ii) the condition mentioned in section 1(2)(c); and
(b) whether it is reasonable to expect the claimant to have to comply with the proposed agreement.
(7) An adjudication officer to whom a reference is made under subsection (6)—
(a) shall, so far as practicable, dispose of it in accordance with this section before the end of the period of 14 days from the date of the reference;
(b) may give such directions, with respect to the terms on which the employment officer is to enter into a jobseeker’s agreement with the claimant, as the adjudication officer considers appropriate;
(c) may direct that, if such conditions as he considers appropriate are satisfied, the proposed jobseeker’s agreement is to be treated (if entered into) as having effect on such date, before it would otherwise have effect, as may be specified in the direction.
(8) Regulations may provide—
(a) for such matters as may be prescribed to be taken into account by an adjudication officer in giving a direction under subsection (7)(c); and
(b) for such persons as may be prescribed to be notified of—
(i) any determination of an adjudication officer under this section;
(ii) any direction given by an adjudication officer under this section.
(9) Any determination of an adjudication officer under this section shall be binding.
(10) Regulations may provide that, in prescribed circumstances, a claimant is to be treated as having satisfied the condition mentioned in section 1(2)(b).
(11) Regulations may provide that, in prescribed circumstances, a jobseeker’s agreement is to be treated as having effect on a date, to be determined in accordance with the regulations, before it would otherwise have effect.
(12) Except in such circumstances as may be prescribed, a jobseeker’s agreement entered into by a claimant shall cease to have effect on the coming to an end of an award of a jobseeker’s allowance made to him.
(13) In this section and section 10 “employment officer” means an officer of the Secretary of State or such other person as may be designated for the purposes of this section by an order made by the Secretary of State.
(1) A jobseeker’s agreement may be varied, in the prescribed manner, by agreement between the claimant and any employment officer.
(2) Any agreement to vary a jobseeker’s agreement shall be in writing and be signed by both parties.
(3) A copy of the agreement, as varied, shall be given to the claimant.
(4) An employment officer shall not agree to a variation of a jobseeker’s agreement, unless, in the officer’s opinion, the conditions mentioned in section 1(2)(a) and (c) would continue to be satisfied with respect to the claimant if he were to comply with, or be treated as complying with, the agreement as proposed to be varied.
(5) The employment officer may, and if asked to do so by the claimant shall forthwith, refer a proposed variation of a jobseeker’s agreement to an adjudication officer for him to determine—
(a) whether, if the claimant concerned were to comply with the agreement as proposed to be varied, he would satisfy—
(i) the condition mentioned in section 1(2)(a), or
(ii) the condition mentioned in section 1(2)(c); and
(b) whether it is reasonable to expect the claimant to have to comply with the agreement as proposed to be varied.
(6) An adjudication officer to whom a reference is made under subsection (5)—
(a) shall, so far as practicable, dispose of it in accordance with this section before the end of the period of 14 days from the date of the reference;
(b) shall give such directions as he considers appropriate as to—
(i) whether the jobseeker’s agreement should be varied, and
(ii) if so, the terms on which the claimant and the employment officer are to enter into an agreement to vary it;
(c) may bring the jobseeker’s agreement to an end where the claimant fails, within a prescribed period, to comply with a direction given under paragraph (b)(ii);
(d) may direct that, if—
(i) the jobseeker’s agreement is varied, and
(ii) such conditions as he considers appropriate are satisfied,
the agreement as varied is to be treated as having effect on such date, before it would otherwise have effect, as may be specified in the direction.
(7) Regulations may provide—
(a) for such matters as may be prescribed to be taken into account by an adjudication officer in giving a direction under subsection (6)(b) or (d); and
(b) for such persons as may be prescribed to be notified of—
(i) any determination of an adjudication officer under this section;
(ii) any direction given by an adjudication officer under this section.
(8) Any determination of an adjudication officer under this section shall be binding.
(1) Any determination of, or direction given by, an adjudication officer under section 9 or 10 may be reviewed (by a different adjudication officer) on the application of the claimant or of an employment officer.
(2) Regulations may make provision with respect to the procedure to be followed on a review under this section.
(3) The claimant may appeal to a social security appeal tribunal against any determination of, or direction given by, an adjudication officer on a review under this section.
(4) A social security appeal tribunal determining an appeal under this section may give a direction of a kind which an adjudication officer may give under section 9(7)(b) or (c) or (as the case may be) section 10(6)(b) or (d).
(5) Where a social security appeal tribunal gives a direction under subsection (4) of a kind which may be given by an adjudication officer under section 10(6)(b)(ii), an adjudication officer may bring the jobseeker’s agreement to an end if the claimant fails to comply with the direction within a prescribed period.
(6) An appropriate person may, on the ground that it was erroneous in point of law, appeal to a Commissioner against the decision of a social security appeal tribunal on an appeal under this section.
(7) Any of the following is an appropriate person for the purposes of subsection (6)—
(a) the claimant;
(b) an adjudication officer;
(c) in prescribed circumstances, a trade union;
(d) in prescribed circumstances, any other association which exists to promote the interests and welfare of its members.
(8) Subsections (7) to (10) of section 23 of the Administration Act (appeals to Commissioners) shall apply in relation to appeals under this section as they apply in relation to appeals under that section.
(9) In this section “Commissioner” has the same meaning as in the Administration Act.
(1) In relation to a claim for a jobseeker’s allowance, the income and capital of a person shall be calculated or estimated in such manner as may be prescribed.
(2) A person’s income in respect of a week shall be calculated in accordance with prescribed rules.
(3) The rules may provide for the calculation to be made by reference to an average over a period (which need not include the week concerned).
(4) Circumstances may be prescribed in which—
(a) a person is treated as possessing capital or income which he does not possess;
(b) capital or income which a person does possess is to be disregarded;
(c) income is to be treated as capital;
(d) capital is to be treated as income.
(1) No person shall be entitled to an income-based jobseeker’s allowance if his capital, or a prescribed part of it, exceeds the prescribed amount.
(2) Where a person claiming an income-based jobseeker’s allowance is a member of a family, the income and capital of any member of that family shall, except in prescribed circumstances, be treated as the income and capital of the claimant.
(3) Regulations may provide that capital not exceeding the amount prescribed under subsection (1), but exceeding a prescribed lower amount, shall be treated, to a prescribed extent, as if it were income of a prescribed amount.
(1) Where—
(a) there is a stoppage of work which causes a person not to be employed on any day, and
(b) the stoppage is due to a trade dispute at his place of work,
that person is not entitled to a jobseeker’s allowance for the week which includes that day unless he proves that he is not directly interested in the dispute.
(2) A person who withdraws his labour on any day in furtherance of a trade dispute, but to whom subsection (1) does not apply, is not entitled to a jobseeker’s allowance for the week which includes that day.
(3) If a person who is prevented by subsection (1) from being entitled to a jobseeker’s allowance proves that during the stoppage—
(a) he became bona fide employed elsewhere;
(b) his employment was terminated by reason of redundancy within the meaning of section 81(2) of the [1978 c. 44.] Employment Protection (Consolidation) Act 1978, or
(c) he bona fide resumed employment with his employer but subsequently left for a reason other than the trade dispute,
subsection (1) shall be taken to have ceased to apply to him on the occurrence of the event referred to in paragraph (a) or (b) or (as the case may be) the first event referred to in paragraph (c).
(4) In this section “place of work”, in relation to any person, means the premises or place at which he was employed.
(5) Where separate branches of work which are commonly carried on as separate businesses in separate premises or at separate places are in any case carried on in separate departments on the same premises or at the same place, each of those departments shall, for the purposes of subsection (4), be deemed to be separate premises or (as the case may be) a separate place.
(1) Except in prescribed circumstances, subsection (2) applies in relation to a claimant for an income-based jobseeker’s allowance where a member of his family (“A”) is, or would be, prevented by section 14 from being entitled to a jobseeker’s allowance.
(2) For the purposes of calculating the claimant’s entitlement to an income-based jobseeker’s allowance—
(a) any portion of the applicable amount which is included in respect of A shall be disregarded for the period for which this subsection applies to the claimant;
(b) where the claimant and A are a married or unmarried couple, any portion of the applicable amount which is included in respect of them shall be reduced to one half for the period for which this subsection applies to the claimant;
(c) except so far as regulations provide otherwise, there shall be treated as the claimant’s income—
(i) any amount which becomes, or would on an application duly made become, available to A in relation to that period by way of repayment of income tax deducted from A’s emoluments in pursuance of section 203 of the [1988 c. 1.] Income and Corporation Taxes Act 1988 (PAYE); and
(ii) any other payment which the claimant or any member of his family receives or is entitled to obtain because A is without employment for that period; and
(d) any payment by way of a jobseeker’s allowance for that period or any part of it which apart from this paragraph would be made to the claimant—
(i) shall not be made, if the weekly rate of payment (“the rate”) would be equal to or less than the prescribed sum; and
(ii) shall be at a weekly rate equal to the difference between the rate and the prescribed sum, if the rate would be more than the prescribed sum.