The Jobseeker's Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011
| Jurisdiction | UK Non-devolved |
| Citation | SI 2011/917 |
2011 No. 917
Social Security
The Jobseeker’s Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011
Made 28th March 2011
Laid before Parliament 31th March 2011
Coming into force 20th May 2011
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 123(1)(d) and (e), 136(3) and (5)(a) and (b), 137(1) and 175(3) and (4) of the Social Security Contributions and Benefits Act 19921, sections 30 and 146(1) and (2) of the Housing Grants, Construction and Regeneration Act 19962, section 10, 79(1) and (4) and 84 of the Social Security Act 19983and sections 12(1), (4)(a) and (b), 17A(1), (2), (5)(a), (d) and (e) and (6) to (9), 20, 20A, 20B(4) to (6), 20E(3)(a), 21, 35(1) and 36(2) and (4) of, and Schedule 1 to, the Jobseekers Act 19954.
These Regulations are made with the consent of the Treasury in respect of provisions relating to section 30 (means testing in case of application by owner-occupier or tenant) of the Housing Grants, Construction and Regeneration Act 19965.
In respect of provisions in these Regulations relating to housing benefit and council tax benefit, organisations appearing to the Secretary of State to be representative of the authorities concerned have agreed that consultations need not be undertaken6.
In accordance with section 173(1)(b) of the Social Security Administration Act 19927, the Secretary of State has obtained the agreement of the Social Security Advisory Committee that the proposals in respect of these Regulations should not be referred to it.
PART 1
General
Citation and Commencement
1. These Regulations may be cited as the Jobseeker’s Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011 and shall come into force on 20th May 2011.
Interpretation
2.—(1) In these Regulations—
“the Act” means the Jobseekers Act 1995;
“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 either or both of the members of the couple;
“the Council Tax Benefit Regulations” means the Council Tax Benefit Regulations 20068;
“the Housing Benefit Regulations” means the Housing Benefit Regulations 20069;
“the Housing Renewal Grants Regulations” means the Housing Renewal Grants Regulations 199610;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 199611;
“the Scheme” means the Employment, Skills and Enterprise Scheme;
“working day” means any day except for a Saturday, Sunday, Christmas Day, Good Friday or bank holiday under the Banking and Financial Dealings Act 197112in England and Wales or in Scotland;
“the Employment, Skills and Enterprise Scheme” means a scheme within section 17A (schemes for assisting persons to obtain employment: “work for your benefit” schemes etc.) of the Act known by that name and provided pursuant to arrangements made by the Secretary of State that is designed to assist claimants to obtain employment or self-employment, and which may include for any individual work-related activity (including work experience or job search).
(2) For the purpose of these Regulations where a written notice is given by sending it by post it is taken to have been received on the second working day after posting.
PART 2
Selection for and participation in the Employment, Skills and Enterprise Scheme
Selection for participation in the Scheme
3. The Secretary of State may select a claimant for participation in the Scheme.
Requirement to participate and notification
4.—(1) Subject to regulation 5, a claimant (“C”) selected under regulation 3 is required to participate in the Scheme where the Secretary of State gives C a notice in writing complying with paragraph (2).
(2) The notice must specify—
(a)
(a) that C is required to participate in the Scheme;
(b)
(b) the day on which C’s participation will start;
(c)
(c) details of what C is required to do by way of participation in the Scheme;
(d)
(d) that the requirement to participate in the Scheme will continue until C is given notice by the Secretary of State that C’s participation is no longer required, or C’s award of jobseeker’s allowance terminates, whichever is earlier;
(e)
(e) information about the consequences of failing to participate in the Scheme.
(3) Any changes made to the requirements mentioned in paragraph (2)(c) after the date on which C’s participation starts must be notified to C in writing.
Circumstances in which requirement to participate in the Scheme is suspended or ceases to apply
5.—(1) Where a claimant (“C”) is—
(a)
(a) subject to a requirement to participate in the Scheme, and
(b)
(b) while C is subject to such a requirement, the Jobseeker’s Allowance Regulations apply so that C is not required to meet the jobseeking conditions13
C’s requirement to participate in the Scheme is suspended for the period during which C is not required to meet the jobseeking conditions.
(2) A requirement to participate in the Scheme ceases to apply to a claimant (“C”) if—
(a)
(a) the Secretary of State gives C notice in writing that C is no longer required to participate in the Scheme, or
(b)
(b) C’s award of jobseeker’s allowance terminates,
whichever is earlier.
(3) Where paragraph (2)(a) applies, the requirement ceases to apply on the day specified in the notice.
PART 3
Sanctions
Failure to participate in the Scheme
6. A claimant who fails to comply with any requirement notified under regulation 4 is to be regarded as having failed to participate in the Scheme.
Good cause
7.—(1) A claimant (“C”) who fails to participate in the Scheme must show good cause for that failure within 5 working days of the date on which the Secretary of State notifies C of the failure.
(2) The Secretary of State must determine whether C has failed to participate in the Scheme and, if so, whether C has shown good cause for the failure.
(3) In deciding whether C has shown good cause for the failure, the Secretary of State must take account of all the circumstances of the case, including in particular C’s physical or mental health or condition.
Consequences of failure to participate in the Scheme
8.—(1) Where the Secretary of State determines that a claimant (“C”) has failed to participate in the Scheme, and C has not shown good cause for the failure in accordance with regulation 7, the appropriate consequence for the purpose of section 17A of the Act is as follows.
(2) In the case of a jobseeker’s allowance other than a joint-claim allowance, the appropriate consequence is that C’s allowance is not payable for the period specified in paragraphs (4) to (7) (“the specified period”).
(3) In the case of a joint-claim jobseeker’s allowance, the appropriate consequence is that C is to be treated as subject to sanctions for the purposes of section 20A (denial or reduction of a joint-claim jobseeker’s allowance) of the Act for the specified period.
(4) The period is 2 weeks in a case which does not fall within paragraph (5), (6) or (7).
(5) The period is 4 weeks where—
(a)
(a) on a previous occasion the Secretary of State determined that C’s jobseeker’s allowance was not payable or was payable at a lower rate because C failed without good cause to participate in the Scheme (“the first determination”), and
(b)
(b) a subsequent determination is made no more than 12 months after the date on which C’s jobseeker’s allowance was not payable or was payable at a lower rate following the first determination.
(6) Subject to paragraph (7), the period is 26 weeks where—
(a)
(a) on two or more previous occasions the Secretary of State determined that C’s jobseeker’s allowance was not payable or was payable at a lower rate because C failed without good cause to participate in the Scheme, and
(b)
(b) a subsequent determination is made no more than 12 months after the date on which C’s jobseeker’s allowance was not payable or was payable at a lower rate following the most recent previous determination.
(7) Where paragraph (6) applies but the Secretary of State is satisfied that C has re-complied in accordance with paragraph (8), the period is either—
(a)
(a) 4 weeks, or
(b)
(b) 4 weeks plus a period which ends with the last day of the benefit week in which C re-complies,
whichever is longer.
(8) C will be taken to have re-complied where, after the date on which the Secretary of State determines that C has failed to participate in the Scheme, C complies with—
(a)
(a) the requirement as to participation in the Scheme to which the determination relates, or
(b)
(b) such other requirement as to participation as may be made by the Secretary of State and notified to C in accordance with regulation 4.
(9) The specified period begins—
(a)
(a) where, in accordance with regulation 26A(1) of the Social Security (Claims and Payments) Regulations 198714, C’s jobseeker’s allowance is paid otherwise than fortnightly in arrears, on the day following the end of the last benefit week in respect of which that allowance was paid, and
(b)
(b) in any other case, on the first day of the benefit week following the date on which C’s jobseeker’s allowance is determined not to be payable or to be payable at a lower rate.
(10) Paragraphs (4) to (7) are subject to paragraph (11).
(11) Where the Secretary of State notifies C during the specified period that C is no longer required to participate in the Scheme, the specified period terminates at the end of—
(a)
(a) one week beginning with the date of the notice, or
(b)
(b) the benefit week in...
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