Office of Public Sector Information
PART I continued
(3) Where a reduction under subsection (2)(b) would not produce a sum which is a multiple of 5p, the reduction shall be to the nearest lower sum which is such a multiple.
(4) Where A returns to work with the same employer after a period during which subsection (2) applied to the claimant (whether or not his return is before the end of any stoppage of work in relation to which he is, or would be, prevented from being entitled to a jobseeker’s allowance), subsection (2) shall cease to apply to the claimant at the commencement of the day on which A returns to work.
(5) In relation to any period of less than a week, subsection (2) shall have effect subject to such modifications as may be prescribed.
(6) Subsections (7) to (9) apply where an order made under section 150 of the Administration Act (annual up-rating of benefits) has the effect of increasing the sum prescribed in regulations made under section 4(5) as the personal allowance for a single person aged not less than 25 (“the personal allowance”).
(7) For the sum prescribed in regulations made under subsection (2)(d) there shall be substituted, from the time when the order comes into force, a sum arrived at by increasing the prescribed sum by the percentage by which the personal allowance has been increased by the order.
(8) If the sum arrived at under subsection (7) is not a multiple of 50p—
(a) any remainder of 25p or less shall be disregarded;
(b) any remainder of more than 25p shall be rounded up to the nearest 50p.
(9) The order shall state the sum substituted for the sum prescribed in regulations made under subsection (2)(d).
(10) Nothing in subsection (7) prevents the making of further regulations under subsection (2)(d) varying the prescribed sum.
(1) If it appears to the Secretary of State—
(a) that a person—
(i) has reached the age of 16 but not the age of 18,
(ii) is not entitled to a jobseeker’s allowance or to income support, and
(iii) is registered for training but is not being provided with any training, and
(b) that severe hardship will result to him unless a jobseeker’s allowance is paid to him,
the Secretary of State may direct that this section is to apply to him.
(2) A direction may be given so as to have effect for a specified period.
(3) The Secretary of State may revoke a direction if—
(a) it appears to him that there has been a change of circumstances as a result of which failure to receive a jobseeker’s allowance need no longer result in severe hardship to the person concerned;
(b) it appears to him that the person concerned has—
(i) failed to pursue an opportunity of obtaining training; or
(ii) rejected an offer of training,
and has not shown good cause for doing so; or
(c) he is satisfied that it was given in ignorance of some material fact or was based on a mistake as to some material fact and considers that, but for that ignorance or mistake, he would not have given the direction.
(4) In this section “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.
(1) Regulations may provide for the amount of an income-based jobseeker’s allowance payable to any young person to whom this section applies to be reduced—
(a) in such circumstances,
(b) by such a percentage, and
(c) for such a period,
as may be prescribed.
(2) This section applies to any young person in respect of whom—
(a) a direction is in force under section 16; and
(b) either of the conditions mentioned in subsection (3) is satisfied.
(3) The conditions are that—
(a) the young person was previously entitled to an income-based jobseeker’s allowance and that entitlement ceased by virtue of the revocation of a direction under section 16;
(b) he has failed to complete a course of training and no certificate has been issued to him under subsection (4) with respect to that failure.
(4) Where a young person who has failed to complete a course of training—
(a) claims that there was good cause for the failure, and
(b) applies to the Secretary of State for a certificate under this subsection,
the Secretary of State shall, if he is satisfied that there was good cause for the failure, issue a certificate to that effect and give a copy of it to the young person.
(5) In this section “young person” means a person who has reached the age of 16 but not the age of 18.
In the Administration Act, insert after section 71—
(1) Where—
(a) a severe hardship direction is revoked; and
(b) it is determined by an adjudication officer that—
(i) whether fraudulently or otherwise, any person has misrepresented, or failed to disclose, any material fact; and
(ii) in consequence of the failure or misrepresentation, payment of a jobseeker’s allowance has been made during the relevant period to the person to whom the direction related,
an adjudication officer may determine that the Secretary of State is entitled to recover the amount of the payment.
(2) In this section—
“severe hardship direction” means a direction given under section 16 of the Jobseekers Act 1995; and
“the relevant period” means—
if the revocation is under section 16(3)(a) of that Act, the period beginning with the date of the change of circumstances and ending with the date of the revocation; and
if the revocation is under section 16(3)(b) or (c) of that Act, the period during which the direction was in force.
(3) Where a severe hardship direction is revoked, the Secretary of State may certify whether there has been misrepresentation of a material fact or failure to disclose a material fact.
(4) If the Secretary of State certifies that there has been such misrepresentation or failure to disclose, he may certify—
(a) who made the misrepresentation or failed to make the disclosure; and
(b) whether or not a payment of jobseeker’s allowance has been made in consequence of the misrepresentation or failure.
(5) If the Secretary of State certifies that a payment has been made, he may certify the period during which a jobseeker’s allowance would not have been paid but for the misrepresentation or failure to disclose.
(6) A certificate under this section shall be conclusive as to any matter certified.
(7) Subsections (3) and (6) to (10) of section 71 above apply to a jobseeker’s allowance recoverable under subsection (1) above as they apply to a jobseeker’s allowance recoverable under section 71(1) above.
(8) The other provisions of section 71 above do not apply to a jobseeker’s allowance recoverable under subsection (1) above.”
(1) Even though the conditions for entitlement to a jobseeker’s allowance are satisfied with respect to a person, the allowance shall not be payable in any of the circumstances mentioned in subsection (5) or (6).
(2) If the circumstances are any of those mentioned in subsection (5), the period for which the allowance is not to be payable shall be such period (of at least one week but not more than 26 weeks) as may be prescribed.
(3) If the circumstances are any of those mentioned in subsection (6), the period for which the allowance is not to be payable shall be such period (of at least one week but not more than 26 weeks) as may be determined by the adjudication officer.
(4) Regulations may prescribe—
(a) circumstances which an adjudication officer is to take into account, and
(b) circumstances which he is not to take into account,
in determining a period under subsection (3).
(5) The circumstances referred to in subsections (1) and (2) are that the claimant—
(a) has, without good cause, refused or failed to carry out any jobseeker’s direction which was reasonable, having regard to his circumstances;
(b) has, without good cause—
(i) neglected to avail himself of a reasonable opportunity of a place on a training scheme or employment programme;
(ii) after a place on such a scheme or programme has been notified to him by an employment officer as vacant or about to become vacant, refused or failed to apply for it or to accept it when offered to him;
(iii) given up a place on such a scheme or programme; or
(iv) failed to attend such a scheme or programme on which he has been given a place; or
(c) has lost his place on such a scheme or programme through misconduct.
(6) The circumstances referred to in subsections (1) and (3) are that the claimant—
(a) has lost his employment as an employed earner through misconduct;
(b) has voluntarily left such employment without just cause;
(c) has, without good cause, after a situation in any employment has been notified to him by an employment officer as vacant or about to become vacant, refused or failed to apply for it or to accept it when offered to him; or
(d) has, without good cause, neglected to avail himself of a reasonable opportunity of employment.
(7) In such circumstances as may be prescribed, including in particular where he has been dismissed by his employer by reason of redundancy within the meaning of section 81(2) of the [1978 c. 44.] Employment Protection (Consolidation) Act 1978 after volunteering or agreeing to be so dismissed, a person who might otherwise be regarded as having left his employment voluntarily is to be treated as not having left voluntarily.
(8) Regulations may—
(a) prescribe matters which are, or are not, to be taken into account in determining whether a person—
(i) has, or does not have, good cause for any act or omission; or
(ii) has, or does not have, just cause for any act or omission; or
(b) prescribe circumstances in which a person—
(i) is, or is not, to be regarded as having, or not having, good cause for any act or omission; or
(ii) is, or is not, to be regarded as having, or not having, just cause for any act or omission.
(9) Subject to any regulations under subsection (8), in determining whether a person has, or does not have, good cause or (as the case may be) just cause for any act or omission, any matter relating to the level of remuneration in the employment in question shall be disregarded.
(10) In this section—
(a) “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;
(b) “jobseeker’s direction” means a direction in writing given by an employment officer with a view to achieving one or both of the following—
(i) assisting the claimant to find employment;
(ii) improving the claimant’s prospects of being employed; and
(c) “training scheme” and “employment programme” have such meaning as may be prescribed.
(1) Nothing in section 19, or in regulations under that section, shall be taken to prevent payment of a jobseeker’s allowance merely because the claimant refuses to seek or accept employment in a situation which is vacant in consequence of a stoppage of work due to a trade dispute.
(2) Section 19 does not apply, in the circumstances mentioned in subsection (5) of that section, if—
(a) a direction is in force under section 16 with respect to the claimant; and
(b) he has acted in such a way as to risk—
(i) having that direction revoked under subsection (3)(b) of section 16; or
(ii) having the amount of his jobseeker’s allowance reduced by virtue of section 17, because he has failed to complete a course of training.
(3) Regulations shall make provision for the purpose of enabling any person of a prescribed description to accept any employed earner’s employment without falling within section 19(6)(b) or (d) should he leave that employment voluntarily and without just cause at any time during a trial period.
(4) In such circumstances as may be prescribed, an income-based jobseeker’s allowance shall be payable to a claimant even though section 19 prevents payment of a jobseeker’s allowance to him.
(5) A jobseeker’s allowance shall be payable by virtue of subsection (4) only if the claimant has complied with such requirements as to the provision of information as may be prescribed for the purposes of this subsection.
(6) Regulations under subsection (4) may, in particular, provide for a jobseeker’s allowance payable by virtue of that subsection to be—
(a) payable at a prescribed rate;
(b) payable for a prescribed period (which may differ from the period fixed under section 19(2) or (3)).
(7) In subsection (3), “trial period” has such meaning as may be prescribed.
(8) Regulations may make provision for determining, for the purposes of this section, the day on which a person’s employment is to be regarded as commencing.
Further provisions in relation to a jobseeker’s allowance are set out in Schedule 1.
(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(6)(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.
(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.
(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, a magistrates' court; and
(b) in relation to Scotland, the sheriff.
In the Administration Act, insert after section 159—
(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-
in relation to any component of a jobseeker’s allowance, its alteration by or under any enactment; and
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—
benefit under the Contributions and Benefits Act; or
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.”
In the Administration Act, insert after section 160—
(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.”
Jobseekers Act 1995