Social Security (Claims and Payments) (Jobseeker's Allowance Consequential Amendments) Regulations 1996

JurisdictionUK Non-devolved
CitationSI 1996/1460

1996 No. 1460

SOCIAL SECURITY

The Social Security (Claims and Payments) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996

Made 4th June 1996

Laid before Parliament 11th June 1996

Coming into force 7th October 1996

The Secretary of State for Social Security, in exercise of the powers conferred by sections 1(1), 5(1), 7(1), 15A(2) and (4), 189 and 191 of the Social Security Administration Act 19921and sections 26, 35(1) and 36 of the Jobseekers Act 19952, and of all other powers enabling him in that behalf, by this instrument, which contains only regulations consequential upon the Jobseekers Act 1995 and which is made before the end of the period of 6 months beginning with the coming into force of that Act3, hereby makes the following Regulations:

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Social Security (Claims and Payments) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996 and shall come into force on 7th October 1996.

S-2 Amendment of the Social Security (Claims and Payments) Regulations 1987

Amendment of the Social Security (Claims and Payments) Regulations 1987

2.—(1) The Social Security (Claims and Payments) Regulations 19874are amended in accordance with the following provisions of this regulation.

(2) In regulation 2—

(a)

(a) in paragraph (1)—

(i) in the definition of “appropriate office”, for the words “the Department of Employment” there are substituted the words “the Department for Education and Employment”; and

(ii) there are inserted at the appropriate places the following definitions—

““the Jobseekers Act” means the Jobseekers Act 1995;”;

““jobseeker’s allowance” means an allowance payable under Part I of the Jobseekers Act;”;

““the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 19965;”;

(b)

(b) in paragraph (2), in sub-paragraph (b), at the end there are added the words “and a jobseeker’s allowance under Part I of the Jobseekers Act”; and

(c)

(c) after paragraph (2) there is inserted the following paragraph—

S-2A

“2A References in regulations 20, 21 (except paragraphs (3) and (3A)), 29, 30, 32 to 34, 37 (except paragraph (1A)), 37A, 37AA (except paragraph (3)), 37AB, 37B, 38 and 47 to “benefit”, “income support” or “a jobseeker’s allowance”, include a reference to a back to work bonus which, by virtue of regulation 25 of the Social Security (Back to Work Bonus) Regulations 19966, is to be treated as payable as income support or, as the case may be, as a jobseeker’s allowance.”.

(3) In regulation 3, after paragraph (e)7there is added the following paragraph—

“(g)

“(g) in the case of a jobseeker’s allowance where—

(i) that allowance has previously been claimed and an award made;

(ii) the Secretary of State has directed under regulation 37(1A) that payment under that award be suspended for a definite or indefinite period on the ground that a question arises whether the conditions for entitlement to that allowance are or were fulfilled or the award ought to be revised;

(iii) subsequently that suspension expires or is cancelled in respect of a part only of the period for which it has been in force;

(iv) it is then determined that the award should be revised to the effect that there was no entitlement to the allowance in respect of all or any part of the period between the start of the period over which the award has been suspended and the date when the suspension expires or is cancelled; and

(v) there are no other circumstances which cast doubt on the claimant’s entitlement.”.

(4) In regulation 4—

(a)

(a) after paragraph (3A)8there is inserted the following paragraph—

S-3B

“3B For the purposes of income-based jobseeker’s allowance—

(a) in the case of a married or unmarried couple, a claim shall be made by whichever partner they agree should so claim or, in default of agreement, by such one of them as the Secretary of State shall in his discretion determine;

(b) where there is no entitlement to contribution-based jobseeker’s allowance on a claim made by one partner and the other partner wishes to claim income-based jobseeker’s allowance, the claim made by that other partner shall be treated as having been made on the date on which the first partner made his claim; and

(c) where entitlement to income-based jobseeker’s allowance arises on the expiry of entitlement to contribution-based jobseeker’s allowance consequent on a claim made by one partner and the other partner then makes a claim—

(i) the claim of the first partner shall be terminated; and

(ii) the claim of the second partner shall be treated as having been made on the day after the entitlement to contribution-based jobseeker’s allowance expired.”; and

(b)

(b) for paragraph (6) there is substituted the following paragraph—

S-6

“6 A person wishing to make a claim for benefit shall—

(a) if it is a claim for a jobseeker’s allowance, unless the Secretary of State otherwise directs, attend in person at an appropriate office or such other place, and at such time, as the Secretary of State may specify in his case in a notice under regulation 23 of the Jobseeker’s Allowance Regulations;

(b) if it is a claim for any other benefit, deliver or send the claim to an appropriate office.”

(5) In regulation 6—

(a)

(a) in paragraph (3), after the words “disability working allowance” there are inserted the words “, jobseeker’s allowance”;

(b)

(b) in paragraph (4), for the words “or disability working allowance” there are substituted the words “, disability working allowance or jobseeker’s allowance”; and

(c)

(c) after paragraph (4) there are inserted the following paragraphs—

S-4A

“4A Where a person notifies the Secretary of State (by whatever means) that he wishes to claim a jobseeker’s allowance—

(a) if he subsequently attends for the purpose of making a claim for that benefit at the time and place specified by the Secretary of State, the claim shall be treated as made on whichever is the later of—

(i) the date on which that notification was given; and

(ii) the first day in respect of which the claim is made;

(b) if, without good cause, he fails to attend at either the time or the place so specified the claim shall be treated as made on the first day on which he does attend at that place.

S-4B

4B Where a person’s entitlement to a jobseeker’s allowance has ceased in any of the circumstances specified in regulation 25(1)(a), (b) or (c) of the Jobseeker’s Allowance Regulations (entitlement ceasing on a failure to comply) and—

(a) where he had normally been required to attend in person, he shows that the failure to comply which caused the cessation of his previous entitlement was due to any of the circumstances mentioned in regulation 30(c) or (d) of those Regulations, and no later than the day immediately following the date when those circumstances cease to apply he makes a further claim for jobseeker’s allowance; or

(b) where he had not normally been required to attend in person, he shows that he did not receive the notice to attend and he immediately makes a further claim for jobseeker’s allowance,

that further claim shall be treated as having been made on the day following that cessation of entitlement.

S-4C

4C Where a person’s entitlement to a jobseeker’s allowance ceases in the circumstances specified in regulation 25(1)(b) of the Jobseeker’s Allowance Regulations (failure to attend at time specified) and that person makes a further claim for that allowance on the day on which he failed to attend at the time specified, that claim shall be treated as having been made on the following day.”.

(6) In regulation 7—

(a)

(a) at the beginning of paragraphs (1) and (2) there are inserted the words “Subject to paragraph (7),”;

(b)

(b) in paragraph (4)9, for the words “or income support” there are substituted the words “, income support or jobseeker’s allowance”; and

(c)

(c) after paragraph (6) there is inserted the following paragraph—

S-7

“7 Paragraphs (1) and (2) do not apply in the case of jobseeker’s allowance.”.

(7) In regulation 8—

(a)

(a) paragraph (1) is omitted; and

(b)

(b) in paragraph (2), after the word “benefit” there are inserted the words “(other than a jobseeker’s allowance)”.

(8) In regulation 15, in paragraph (5), the words “or unemployment benefit” are omitted.

(9) In regulation 16, in paragraph (4), for the words “unemployment benefit” there are substituted the words “jobseeker’s allowance”.

(10) In regulation 17—

(a)

(a) for paragraph (1A)11, there is substituted the following paragraph—

S-1A

“1A Where an award of income support or an income-based jobseeker’s allowance is made in respect of a married or unmarried couple and one member of the couple is, at the date of claim, a person to whom section 126 of the Contributions and Benefits Act or, as the case may be, section 14 of the Jobseekers Act applies, the award of benefit shall cease when the person to whom section 126 or, as the case may be, section 14 applies returns to work with the same employer.”;

(b)

(b) paragraph (2) is omitted;

(c)

(c) in paragraph (3), the words “, in any case outside paragraph (2),” are omitted;

(d)

(d) in paragraph (5), for the words “unemployment benefit” there are substituted the words “a jobseeker’s allowance”.

(11) Regulation 18 is omitted.

(12) In regulation 19—

(a)

(a) in paragraph (2A)12, for the words “or disability working allowance” there are substituted the words “, disability working allowance or jobseeker’s allowance”; and

(b)

(b) in paragraph (4), after the words “disability working allowance” there are inserted the words “, jobseeker’s allowance”.

(13) In regulation 24, in the heading and in paragraph (1), the words “unemployment benefit,” are omitted.

(14) After regulation 26 there is inserted the following regulation—

S-26A

Jobseeker’s allowance

26A.—(1) Subject to the following provisions of this regulation, jobseeker’s allowance shall be paid fortnightly in arrears unless in any particular case...

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